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.

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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

                                  18

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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;

                                  19

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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

                                  20

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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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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;

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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

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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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  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.

                                  39

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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  

31  

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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.

31  

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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  

31  

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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.

31  

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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

31  

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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:

31  

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  1         240.317  Community colleges; legislative intent.--It is

  2  the legislative intent that community colleges, constituted as

  3  political subdivisions of the state, continue to be operated

  4  by district boards of trustees as provided in s. 240.315 and

  5  that no department, bureau, division, agency, or subdivision

  6  of the state exercise any responsibility and authority to

  7  operate any community college of the state except as

  8  specifically provided by law or rules of the State Board of

  9  Education and State Board of Community Colleges.

10         Section 108.  Section 240.318, Florida Statutes, is

11  created to read:

12         240.318  Community college presidents; powers and

13  duties.--

14         (1)  The president is the chief executive officer of

15  the community college, shall be corporate secretary of the

16  community college district board of trustees, and is

17  responsible for the operation and administration of the

18  community college. Consistent with the law, the mission of the

19  community college, the rules of the State Board of Education,

20  and the rules of the community college district boards of

21  trustees, each community college president shall:

22         (a)  Recommend the adoption of rules to the community

23  college district board of trustees to implement provisions of

24  law governing the operation and administration of the

25  community college, which shall include the specific powers and

26  duties enumerated in this section.

27         (b)  Prepare a budget request and an operating budget

28  for approval by the community college district board of

29  trustees.

30         (c)  Administer the community college personnel

31  program, including, but not limited to, recruiting,

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  1  appointing, transferring, promoting, compensating, evaluating,

  2  rewarding, demoting, disciplining, suspending, and removing

  3  personnel.

  4         (d)  Govern admissions.

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

  6  on behalf of the community college district board of trustees

  7  for the acquisition of commodities, goods, licenses,

  8  equipment, services, leases of real and personal property, and

  9  planning and construction to be rendered to or by the

10  community college. Any contract exceeding $1 million must be

11  approved by the community college district board of trustees

12  before the contract is entered. Community college presidents

13  shall comply with s. 287.055 for the procurement of

14  professional services. For purposes of a community college

15  president's contracting authority, a continuing contract for

16  professional services under s. 287.055 is one in which

17  construction costs do not exceed $1 million or the fee for

18  study activity does not exceed $100,000.

19         (f)  Manage the property and other resources of the

20  community college.

21         (g)  Establish the academic calendar of the community

22  college.

23         (h)  Administer the community college's program of

24  intercollegiate athletics.

25         (i)  Recommend to the community college district board

26  of trustees the establishment and termination of degree and

27  other programs.

28         (j)  Award degrees.

29         (k)  Recommend to the community college district board

30  of trustees a schedule of tuition and fees to be charged by

31  

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  1  the community college, within law and rules of the State Board

  2  of Education.

  3         (l)  Review periodically the operations of the

  4  community college in order to determine how effectively and

  5  efficiently the community college is being administered and

  6  whether it is meeting the goals of its strategic plan adopted

  7  by the State Board of Education.

  8         (m)  Enter into agreements for student exchange

  9  programs which involve students at the community college and

10  students in other institutions of higher learning.

11         (n)  Provide purchasing, contracting, and budgetary

12  review processes for student government organizations.

13         (o)  Ensure compliance with federal and state laws,

14  rules, and other requirements that are applicable to the

15  community college.

16         (p)  Maintain all data and information pertaining to

17  the operation of the community college, and report on the

18  attainment by the community college of institutional and

19  statewide performance accountability goals.

20         (q)  Administer matters relating to students such as

21  classification, attendance, progress, student accounts,

22  discipline, suspension, expulsion, and graduation, subject to

23  the law, the rules of the State Board of Education, and the

24  rules of the community college district boards of trustees.

25         (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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  1  to its respective president. and State Board of Community

  2  Colleges, related to its mission and responsibilities as set

  3  forth in s. 240.301, its governance, personnel, budget and

  4  finance, administration, programs, curriculum and instruction,

  5  buildings and grounds, travel and purchasing, technology,

  6  students, contracts and grants, or college property.

  7         (4)  The Such rules, procedures, and policies for the

  8  district boards of trustees include, but are not limited to,

  9  the following:

10         (a)  Each district board of trustees shall appoint,

11  suspend, or remove the president of the community college. The

12  district board of trustees may appoint a search committee that

13  reflects the gender and ethnic diversity of the community,

14  faculty, students, and staff. The district board of trustees

15  shall conduct annual periodic evaluations of the president in

16  accordance with rules of the State Board of Education

17  Community Colleges and submit such evaluations to the State

18  Board of Education Community Colleges for review.

19         (b)  Each district board of trustees has responsibility

20  for the establishment, discontinuance, and review the

21  establishment and discontinuance of program and course

22  offerings; provision for instructional and noninstructional

23  community services, location of classes, and services

24  provided; and dissemination of information concerning such

25  programs and services.

26         (c)  Each district board of trustees shall review new

27  associate degree, diploma, and certificate programs for

28  relationship to student demand; conduct periodic reviews of

29  existing programs; and terminate associate degree or

30  certificate programs when excessive duplication exists.

31  

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  1         (d)  Each district board of trustees shall conduct an

  2  annual administrative review of the community college and

  3  forward the review to the State Board of Education.

  4         1.  The review must include, but is not limited to, the

  5  administrator-to-faculty ratio, the percent of funds for

  6  administrative costs in the total budget, and the percent of

  7  funds in support programs compared to the percent of funds in

  8  instructional programs, and may include other indicators of

  9  quality as necessary.

10         2.  The review shall also include all courses offered

11  by the community college outside its district. Courses offered

12  outside the home district which are not approved by the

13  district board of trustees may not be counted for funding

14  purposes or for purposes of meeting enrollment assignments.

15  For purposes of this subparagraph, electronically originated

16  instruction, including satellite, broadcast, and

17  Internet-delivered instruction, is exempt. Exemption is only

18  permitted when the community college's intent is to offer the

19  instruction for students residing within the community

20  college's home district and to market the instruction only to

21  students residing within the community college's home

22  district. If a community college's intent is to market the

23  electronically originated instruction outside its home

24  district and thus recruit students outside its home district,

25  the community college must receive the approval of the State

26  Board of Education. The State Board of Education may review

27  any electronically originated instruction for compliance with

28  this section.

29         (e)(c)  Each district board of trustees constitutes the

30  contracting agent of the community college.  It may, when

31  acting as a body, make contracts, sue, and be sued in the name

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  1  of the district board of trustees and may plead and be

  2  impleaded in all courts of law or equity. In any suit, a

  3  change in personnel of the board shall not abate the suit,

  4  which shall proceed as if such change had not taken place.

  5  Each district board may adopt rules, procedures, and policies

  6  related to contracts and contract management.

  7         (f)(d)  Whenever the district board of trustees

  8  Department of Education finds it necessary for the welfare and

  9  convenience of the any community college to acquire private

10  property for the use of the community college and the property

11  cannot be acquired by agreement satisfactory to the district

12  board of trustees of the community college and the parties

13  interested in, or the owners of, the private property, the

14  district board of trustees may exercise the right of eminent

15  domain after receiving approval therefor from the State Board

16  of Education and may then proceed to condemn the property in

17  the manner provided by chapters 73 and 74.

18         (g)(e)  Each district board of trustees may enter into

19  lease-purchase arrangements with private individuals or

20  corporations for necessary grounds and buildings for community

21  college purposes, other than dormitories, or for buildings

22  other than dormitories to be erected for community college

23  purposes. Such arrangements shall be paid from capital outlay

24  and debt service funds as provided by s. 240.359(2), with

25  terms not to exceed 30 years at a stipulated rate.  The

26  provisions of such contracts, including building plans, are

27  subject to approval by the State Board Department of

28  Education, and no such contract may be entered into without

29  such approval.  The State Board of Education may adopt such

30  rules as it deems necessary to administer this paragraph.

31  

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  1         (h)(f)  Each district board of trustees may purchase,

  2  acquire, receive, hold, own, manage, lease, sell, dispose of,

  3  and convey title to real property, in the best interests of

  4  the community college, pursuant to rules adopted by the State

  5  Board of Education.

  6         (i)(g)  Each district board of trustees may is

  7  authorized to enter into agreements for, and accept, credit,

  8  charge, and debit card payments as compensation for goods,

  9  services, tuition, and fees.  Each community college may is

10  further authorized to establish accounts in credit card banks

11  for the deposit of credit, charge, and debit card sales

12  invoices.

13         (j)(h)  Each district board of trustees may adopt, by

14  rule, a uniform code of appropriate penalties for violations

15  of its rules by students and employees. Such penalties, unless

16  otherwise provided by law, may include fines, the withholding

17  of diplomas or transcripts pending compliance with rules or

18  payment of fines, and the imposition of probation, suspension,

19  or dismissal.

20         (k)  Each district board of trustees may develop and

21  adopt guidelines relating to official travel by community

22  college employees.

23         (l)(i)  Each district board of trustees may consider

24  the past actions of any person applying for admission,

25  enrollment, or employment and may adopt rules to deny provide,

26  by board rule or procedure, for denying admission, enrollment,

27  or employment to a person because of misconduct if determined

28  to be in the best interest of the past actions have been found

29  to disrupt or interfere with the orderly conduct, processes,

30  functions, or programs of any other university, college, or

31  community college.

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  1         (m)(j)  Each district board of trustees may is

  2  authorized to develop and produce work products relating to

  3  educational endeavors which are subject to trademark,

  4  copyright, or patent statutes.  To this end, the district

  5  board shall consider the relative contribution by the

  6  personnel employed in the development of such work products

  7  and shall enter into binding agreements with such personnel,

  8  organizations, corporations, or government entities, which

  9  agreements shall establish the percentage of ownership of such

10  trademarks, copyrights, or patents.  Any other law to the

11  contrary notwithstanding, the district board may is authorized

12  in its own name to:

13         1.  Perform all things necessary to secure letters of

14  patent, copyrights, and trademarks on any such work products

15  and to enforce its rights therein.

16         2.  License, lease, assign, or otherwise give written

17  consent to any person, firm, or corporation for the

18  manufacture or use thereof on a royalty basis or for such

19  other consideration as the district board deems proper.

20         3.  Take any action necessary, including legal action,

21  to protect the same against improper or unlawful use of

22  infringement.

23         4.  Enforce the collection of any sums due the district

24  board for the manufacture or use thereof by any other party.

25         5.  Sell any of the same and execute all instruments

26  necessary to consummate any such sale.

27         6.  Do all other acts necessary and proper for the

28  execution of powers and duties provided by this paragraph.

29         (n)(k)  Each district board of trustees shall provide

30  rules governing parking and the direction and flow of traffic

31  within campus boundaries and may hire appropriate personnel to

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  1  enforce campus parking rules.  Such persons have no authority

  2  to arrest or issue citations for moving traffic violations.

  3  The district board of trustees may adopt, by rule, a uniform

  4  code of appropriate penalties for violations.  Such penalties,

  5  unless otherwise provided by law, may include the levying of

  6  fines, the withholding of diplomas or transcripts pending

  7  compliance with rules or payment of fines, and the imposition

  8  of probation, suspension, or dismissal.  Moneys collected from

  9  parking rule infractions shall be deposited in appropriate

10  funds at each community college for student financial aid

11  purposes.

12         (o)(l)1.  Each district board of trustees may adopt

13  rules, procedures, and policies related to the appointment,

14  employment, and removal of personnel.  The district board

15  shall determine the compensation, including salaries and

16  fringe benefits, and other conditions of employment for such

17  personnel, including the president.

18         2.  The district board may is authorized to enter into

19  a contract with the president in accordance with the

20  provisions of this chapter. Any such contract may fix the

21  duration of employment and the compensation therefor and may

22  contain any other terms and conditions the district board

23  deems appropriate. In addition, the district board may furnish

24  the president with the use of a motor vehicle or an allowance

25  in lieu thereof. If any such vehicle is furnished, the

26  district board shall determine and fix the maximum noncollege

27  use of the same. Each district board of trustees shall adopt,

28  by rule, procedures governing the employment and dismissal of

29  the community college president. Such rule shall be

30  incorporated into the contract for employment.

31  

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  1         (p)(m)  Each district board of trustees may provide for

  2  recognition of employees who have contributed outstanding and

  3  meritorious service in their fields and may adopt and

  4  implement a program of meritorious service awards to employees

  5  who propose procedures or ideas that are adopted and that will

  6  result in eliminating or reducing community college

  7  expenditures or improving community college operations. The

  8  community college district board of trustees may is authorized

  9  to expend funds for such recognition and awards. An award

10  granted under the provisions of this paragraph may not exceed

11  $2,000 or 10 percent of the first year's gross savings,

12  whichever is greater.

13         (q)(n)  Each district board of trustees may adopt

14  rules, procedures, and policies related to students,

15  enrollment of students, student activities, loans,

16  scholarships, and other student services.

17         (r)(o)  Each district board of trustees may adopt

18  rules, procedures, and policies related to risk management,

19  safety, security, and law enforcement operations. Each board

20  of trustees may is authorized to employ personnel to carry out

21  the duties imposed by this paragraph.

22         (s)(p)  Each district board of trustees may is

23  authorized to contract for the purchase, lease, or acquisition

24  in any manner (including purchase by installment or

25  lease-purchase contract which may provide for the payment of

26  interest on the unpaid portion of the purchase price and for

27  the granting of a security interest in the items purchased) of

28  goods, materials, equipment, and services required by the

29  college. The district board of trustees may choose to

30  consolidate equipment contracts under master equipment

31  financing agreements made pursuant to s. 287.064.

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  1         (t)(q)  Each district board of trustees may is

  2  authorized to establish and maintain a personnel exchange

  3  program by which persons employed within the community college

  4  as vocational instructors and comparable administrative and

  5  professional staff may be exchanged with persons employed in

  6  like capacities by institutions of higher learning which are

  7  not under the jurisdiction of the community college, by units

  8  of government either within or without this state, or by

  9  private industry.  The salary and benefits of community

10  college and state personnel participating in the exchange

11  program shall be continued during the period of time they

12  participate in the exchange program, and such personnel shall

13  be deemed to have no break in creditable or continuous state

14  service or employment during the period of time in which they

15  participate in the exchange program. The salary and benefits

16  of persons participating in the personnel exchange program who

17  are employed by institutions, units of government, or private

18  industry shall be paid by the originating employers of those

19  participants.  The duties and responsibilities of a person

20  participating in the exchange program shall be the same as

21  those of the person he or she replaces.

22         (u)(r)  Each district board of trustees may is

23  authorized to enter into contracts to provide a State

24  Community College System Optional Retirement Program pursuant

25  to s. 240.3195 and to enter into consortia with other boards

26  of trustees for this purpose.

27         (v)(s)  Each district board of trustees has

28  responsibility for: ensuring that students have access to

29  general education courses as identified in rule; requiring no

30  more than 60 semester hours of degree program coursework,

31  including 36 semester hours of general education coursework,

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  1  for an associate in arts degree; notifying students that

  2  earned hours in excess of 60 semester hours may not be

  3  accepted by state universities; notifying students of unique

  4  program prerequisites identified pursuant to s. 240.209(5)(f);

  5  and ensuring that degree program coursework beyond general

  6  education coursework is consistent with degree program

  7  prerequisite requirements adopted pursuant to s.

  8  229.551(1)(f)5.

  9         (w)(t)  Each district board of trustees may is

10  authorized to borrow funds and incur debt, including entering

11  into lease-purchase agreements and the issuance of revenue

12  bonds as specifically authorized and only for the purposes

13  authorized in ss. 239.117(4) 239.117(15) and (9) (16) and

14  240.35(11) and (12) 240.35(14) and (15). At the option of the

15  district board of trustees, bonds may be issued which are

16  secured by a combination of revenues authorized to be pledged

17  to bonds pursuant to ss. 239.117(4) 239.117(15) and 240.35(11)

18  240.35(14) or ss. 239.117(9) 239.117(16) and 240.35(12)

19  240.35(15). Lease-purchase agreements may be secured by a

20  combination of revenues as specifically authorized pursuant to

21  ss. 239.117(4) 239.117(18) and 240.35(4)(b) 240.35(16).

22         (x)(u)  Each district board of trustees may adopt

23  rules, procedures, and policies related to compliance with

24  federal laws, regulations, and requirements.

25         (y)(v)  Each district board of trustees may adopt

26  rules, procedures, and policies related to institutional

27  governance, administration, and management in order to promote

28  orderly and efficient operation, including, but not limited

29  to, financial management, budget management, physical plant

30  management, and property management.

31  

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  1         (z)(w)  Each district board of trustees may adopt

  2  rules, procedures, and policies related to data or technology,

  3  including but not limited to, information systems,

  4  communications systems, computer hardware and software, and

  5  networks. These systems shall be compatible with the state's

  6  information systems to facilitate the sharing of data related

  7  to the community colleges.

  8         (aa)(x)  Each district board of trustees may adopt

  9  rules, procedures, and policies related to the use,

10  maintenance, protection, and control of buildings and grounds,

11  property, or equipment. The authority vested in the district

12  board of trustees in this subsection includes the

13  prioritization of the use of space, property, equipment, and

14  resources and the imposition of charges for the same.

15         (bb)  Each district board of trustees may enter into

16  contracts and enter into consortia with the state, other

17  community college boards of trustees, state university boards

18  of trustees, school boards, and private educational

19  institutions for the purpose of providing health and welfare

20  insurances for employees, which include, but are not limited

21  to health, dental, disability, and long-term insurances.

22         (cc)  Each district board of trustees may participate

23  in deferred compensation programs offered by the state to its

24  employees, as appropriate.

25         Section 110.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.3191,

27  Florida Statutes, shall not stand repealed January 7, 2003, as

28  scheduled by that law, but that section is reenacted to read:

29         240.3191  Community college student handbooks.--

30         (1)  Each community college shall compile and update

31  annually a student handbook that includes, but is not limited

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  1  to, a comprehensive calendar that emphasizes important dates

  2  and deadlines, student rights and responsibilities, appeals

  3  processes available to students, and a roster of contact

  4  persons within the administrative staff available to respond

  5  to student inquiries.

  6         (2)  Each student handbook shall list the legal and

  7  community college specific sanctions that will be imposed upon

  8  students who violate the law or community college policies

  9  regarding controlled substances and alcoholic beverages.

10         (3)  Each student handbook shall provide information

11  related to acquired immune deficiency syndrome (AIDS)

12  education or identify sites from which AIDS education

13  information may be obtained.

14         Section 111.  Notwithstanding subsection (7) of section

15  3 of chapter 2000-321, Laws of Florida, section 240.3192,

16  Florida Statutes, shall not stand repealed January 7, 2003, as

17  scheduled by that law, but that section is reenacted to read:

18         240.3192  Community colleges; HIV and AIDS

19  policy.--Each community college shall develop a comprehensive

20  policy that addresses the provision of instruction,

21  information, and activities regarding human immunodeficiency

22  virus infection and acquired immune deficiency syndrome.  Such

23  instruction, information, or activities shall emphasize the

24  known modes of transmission of human immunodeficiency virus

25  infection and acquired immune deficiency syndrome, signs and

26  symptoms, associated risk factors, appropriate behavior and

27  attitude change, and means used to control the spread of human

28  immunodeficiency virus infection and acquired immune

29  deficiency syndrome.

30         Section 112.  Notwithstanding subsection (7) of section

31  3 of chapter 2000-321, Laws of Florida, section 240.3193,

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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         240.3193  Community college student ombudsman office.--

  4         (1)  There is created at each community college a

  5  student ombudsman office, which is accountable to the

  6  president.

  7         (2)  Each community college must have an established

  8  procedure by which a student may appeal to the office of the

  9  ombudsman a decision that is related to the student's access

10  to courses and credit granted toward the degree. Detailed

11  information concerning this procedure must be included in the

12  community college catalog.

13         (3)  Each community college shall develop minimum

14  standards for the role of ombudsman or student advocate.  The

15  standards shall address the issue of notification of students

16  of opportunities for assistance or appeal.

17         Section 113.  Notwithstanding subsection (7) of section

18  3 of chapter 2000-321, Laws of Florida, section 240.3195,

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         240.3195  State Community College System Optional

23  Retirement Program.--Each community college may implement an

24  optional retirement program, if such program is established

25  therefor pursuant to s. 240.319(4)(r), under which annuity

26  contracts providing retirement and death benefits may be

27  purchased by, and on behalf of, eligible employees who

28  participate in the program. Except as otherwise provided

29  herein, this retirement program, which shall be known as the

30  State Community College System Optional Retirement Program,

31  

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  1  may be implemented and administered only by an individual

  2  community college or by a consortium of community colleges.

  3         (1)  As used in this section, the term:

  4         (a)  "Activation" means the date upon which an optional

  5  retirement program is first made available by the program

  6  administrator to eligible employees.

  7         (b)  "College" means public community colleges that are

  8  members of the Florida Community College System.

  9         (c)  "Department" means the Department of Management

10  Services.

11         (d)  "Program administrator" means the individual

12  college or consortium of colleges responsible for implementing

13  and administering an optional retirement program.

14         (e)  "Program participant" means an eligible employee

15  who has elected to participate in an available optional

16  retirement program as authorized by this section.

17         (2)  Participation in the optional retirement program

18  provided by this section is limited to employees who satisfy

19  the criteria set forth in s. 121.051(2)(c).

20         (3)(a)  With respect to any employee who is eligible to

21  participate in the optional retirement program by reason of

22  qualifying employment commencing before the program's

23  activation:

24         1.  The employee may elect to participate in the

25  optional retirement program in lieu of participation in the

26  Florida Retirement System. To become a program participant,

27  the employee must file with the personnel officer of the

28  community college, within 60 days after the program's

29  activation, both a written election on a form provided by the

30  department and a completed application for an individual

31  contract or certificate.

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  1         2.  An employee's participation in the optional

  2  retirement program commences on the first day of the next full

  3  calendar month following the filing of the election and

  4  completed application with the program administrator and

  5  receipt of such election by the department.  An employee's

  6  membership in the Florida Retirement System terminates on this

  7  same date.

  8         3.  Any such employee who fails to make an election to

  9  participate in the optional retirement program within 60 days

10  after its activation has elected to retain membership in the

11  Florida Retirement System.

12         (b)  With respect to any employee who becomes eligible

13  to participate in an optional retirement program by reason of

14  qualifying employment commencing on or after the program's

15  activation:

16         1.  The employee may elect to participate in the

17  optional retirement program in lieu of participation in the

18  Florida Retirement System.  To become a program participant,

19  the employee must file with the personnel officer of the

20  community college, within 60 days after commencing qualifying

21  employment, both a written election on a form provided by the

22  department and a completed application for an individual

23  contract or certificate.

24         2.  An employee's participation in the optional

25  retirement program commences on the first day of the next full

26  calendar month following the filing of the election and

27  completed application with the program administrator and

28  receipt of such election by the department.  An employee's

29  membership in the Florida Retirement System terminates on this

30  same date.

31  

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  1         3.  If the employee makes an election to participate in

  2  the optional retirement program before the community college

  3  submits its initial payroll for the employee, participation in

  4  the optional retirement program commences on the first date of

  5  employment.

  6         4.  Any such employee who fails to make an election to

  7  participate in the optional retirement program within 60 days

  8  after commencing qualifying employment has elected to retain

  9  membership in the Florida Retirement System.

10         (c)  Any employee who, on or after an optional

11  retirement program's activation, becomes eligible to

12  participate in the program by reason of a change in status due

13  to the subsequent designation of the employee's position as

14  one of those referenced in subsection (2), or due to the

15  employee's appointment, promotion, transfer, or

16  reclassification to a position referenced in subsection (2),

17  must be notified by the community college of the employee's

18  eligibility to participate in the optional retirement program

19  in lieu of participation in the Florida Retirement System.

20  These eligible employees are subject to the provisions of

21  paragraph (b) and may elect to participate in the optional

22  retirement program in the same manner as those employees

23  described in paragraph (b), except that the 60-day election

24  period commences upon the date notice of eligibility is

25  received by the employee.

26         (d)  Program participants must be fully and immediately

27  vested in the optional retirement program.

28         (e)  The election by an eligible employee to

29  participate in the optional retirement program is irrevocable

30  for so long as the employee continues to meet the eligibility

31  

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  1  requirements set forth in this section and in s.

  2  121.051(2)(c), except as provided in paragraph (i).

  3         (f)  If a program participant becomes ineligible to

  4  continue participating in the optional retirement program

  5  pursuant to the criteria referenced in subsection (2), the

  6  employee becomes a member of the Florida Retirement System if

  7  eligible. The community college must notify the department of

  8  an employee's change in eligibility status within 30 days

  9  after the event that makes the employee ineligible to continue

10  participation in the optional retirement program.

11         (g)  An eligible employee who is a member of the

12  Florida Retirement System at the time of election to

13  participate in the optional retirement program retains all

14  retirement service credit earned under the Florida Retirement

15  System at the rate earned. Additional service credit in the

16  Florida Retirement System may not be earned while the employee

17  participates in the optional retirement program, nor is the

18  employee eligible for disability retirement under the Florida

19  Retirement System.

20         (h)  A program participant may not simultaneously

21  participate in any other state-administered retirement system,

22  plan, or class.

23         (i)  Except as provided in s. 121.052(6)(d), a program

24  participant who is or who becomes dually employed in two or

25  more positions covered by the Florida Retirement System, one

26  of which is eligible for an optional retirement program

27  pursuant to this section and one of which is not, is subject

28  to the dual employment provisions of chapter 121.

29         (4)(a)  Through June 30, 2001, each college must

30  contribute on behalf of each program participant an amount

31  equal to the normal cost portion of the employer retirement

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  1  contribution which would be required if the program

  2  participant were a member of the Regular Class of the Florida

  3  Retirement System as provided in s. 121.071, plus the portion

  4  of the contribution rate required in s. 112.363(8) that would

  5  otherwise be assigned to the Retiree Health Insurance Subsidy

  6  Trust Fund. Effective July 1, 2001, Each community college

  7  must contribute on behalf of each program participant an

  8  amount equal to 10.43 percent of the participant's gross

  9  monthly compensation. The community college shall deduct an

10  amount approved by the district board of trustees community

11  college to provide for the administration of the optional

12  retirement program. Payment of this contribution must be made

13  either directly by the community college or through the

14  program administrator to the designated company contracting

15  for payment of benefits to the program participant.

16         (b)  Each community college must contribute on behalf

17  of each program participant an amount equal to the unfunded

18  actuarial accrued liability portion of the employer

19  contribution which would be required if the program

20  participant were a member of the Regular Class of the Florida

21  Retirement System.  Payment of this contribution must be made

22  directly by the college to the department for deposit in the

23  Florida Retirement System Trust Fund.

24         (c)  Each program participant who has executed an

25  annuity contract may contribute by way of salary reduction or

26  deduction a percentage of the program participant's gross

27  compensation, but this percentage may not exceed the

28  corresponding percentage contributed by the community college

29  to the optional retirement program. Payment of this

30  contribution may be made either directly by the community

31  college or through the program administrator to the designated

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  1  company contracting for payment of benefits to the program

  2  participant.

  3         (d)  Contributions to an optional retirement program by

  4  a community college or a program participant are in addition

  5  to, and have no effect upon, contributions required now or in

  6  future by the federal Social Security Act.

  7         (5)(a)  The benefits to be provided to program

  8  participants must be provided through individual contracts or

  9  group annuity contracts, which may be fixed, variable, or

10  both.  Each individual contract or certificate must state the

11  type of annuity contract on its face page, and must include at

12  least a statement of ownership, the contract benefits, annuity

13  income options, limitations, expense charges, and surrender

14  charges, if any.

15         (b)  Benefits are payable under the optional retirement

16  program to program participants or their beneficiaries, and

17  the benefits must be paid only by the designated company in

18  accordance with the terms of the annuity contracts applicable

19  to the program participant, provided that benefits funded by

20  employer contributions are payable only as a lifetime annuity

21  to the program participant, except for:

22         1.  A lump-sum payment to the program participant's

23  beneficiary or estate upon the death of the program

24  participant; or

25         2.  A cash-out of a de minimis account upon the request

26  of a former program participant who has been terminated for a

27  minimum of 6 months from the employment that caused the

28  participant to be eligible for participation.  A de minimis

29  account is an account with a designated company containing

30  employer contributions and accumulated earnings of not more

31  than $3,500.  The cash-out must be a complete liquidation of

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  1  the account balance with that designated company and is

  2  subject to the provisions of the Internal Revenue Code.

  3         (c)  The benefits payable to any person under the

  4  optional retirement program, and any contribution accumulated

  5  under the program, are not subject to assignment, execution,

  6  attachment, or to any legal process whatsoever.

  7         (6)(a)  The optional retirement program authorized by

  8  this section must be implemented and administered by the

  9  program administrator under s. 403(b) of the Internal Revenue

10  Code. The program administrator has the express authority to

11  contract with a third party to fulfill any of the program

12  administrator's duties.

13         (b)  The program administrator shall solicit

14  competitive bids or issue a request for proposal and select no

15  more than four companies from which annuity contracts may be

16  purchased under the optional retirement program.  In making

17  these selections, the program administrator shall consider the

18  following factors:

19         1.  The financial soundness of the company.

20         2.  The extent of the company's experience in providing

21  annuity contracts to fund retirement programs.

22         3.  The nature and extent of the rights and benefits

23  provided to program participants in relation to the premiums

24  paid.

25         4.  The suitability of the rights and benefits provided

26  to the needs of eligible employees and the interests of the

27  community college in the recruitment and retention of

28  employees.

29  

30  In lieu of soliciting competitive bids or issuing a request

31  for proposals, the program administrator may authorize the

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  1  purchase of annuity contracts under the optional retirement

  2  program from those companies currently selected by the

  3  department to offer such contracts through the State

  4  University System Optional Retirement Program, as set forth in

  5  s. 121.35.

  6         (c)  Optional retirement program annuity contracts must

  7  be approved in form and content by the program administrator

  8  in order to qualify. The program administrator may use the

  9  same annuity contracts currently used by state universities

10  and colleges within the State University System Optional

11  Retirement Program, as set forth in s. 121.35.

12         (d)  The provision of each annuity contract applicable

13  to a program participant must be contained in a written

14  program description that includes a report of pertinent

15  financial and actuarial information on the solvency and

16  actuarial soundness of the program and the benefits applicable

17  to the program participant. The company must furnish the

18  description annually to the program administrator, and to each

19  program participant upon commencement of participation in the

20  program and annually thereafter.

21         (e)  The program administrator must ensure that each

22  program participant is provided annually with an accounting of

23  the total contributions and the annual contributions made by

24  and on the behalf of the program participant.

25         Section 114.  Section 240.32, Florida Statutes, is

26  repealed.

27         Section 115.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.321,

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         240.321  Community college district board of trustees;

  2  rules for admissions of students.--Each district The board of

  3  trustees shall make rules governing admissions of students.

  4  These rules shall include the following:

  5         (1)  Admissions counseling shall be provided to all

  6  students entering college credit programs, which counseling

  7  shall use utilize tests to measure achievement of

  8  college-level communication and computation competencies by

  9  all students entering college credit programs.

10         (2)  Admission to associate degree programs is subject

11  to minimum standards adopted by the State Board of Education

12  and shall require:

13         (a)  A standard high school diploma, a high school

14  equivalency diploma as prescribed in s. 229.814, previously

15  demonstrated competency in college credit postsecondary

16  coursework, or, in the case of a student who is home educated,

17  a signed affidavit submitted by the student's parent or legal

18  guardian attesting that the student has completed a home

19  education program pursuant to the requirements of s. 232.0201.

20  Students who are enrolled in a dual enrollment or early

21  admission program pursuant to s. 240.116 and secondary

22  students enrolled in college-level instruction creditable

23  toward the associate degree, but not toward the high school

24  diploma, shall be exempt from this requirement.

25         (b)  A demonstrated level of achievement of

26  college-level communication and computation skills. Students

27  entering a postsecondary education program within 2 years of

28  graduation from high school with an earned college-ready

29  diploma issued pursuant to s. 232.2466 shall be exempt from

30  this testing requirement.

31  

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  1         (c)  Any other requirements established by the board of

  2  trustees.

  3         (3)  Admission to other programs within the community

  4  college shall include education requirements as established by

  5  the board of trustees.

  6  

  7  Each board of trustees shall establish policies that notify

  8  students about, and place students into, adult basic

  9  education, adult secondary education, or other instructional

10  programs that provide students with alternatives to

11  traditional college-preparatory instruction, including private

12  provider instruction. Such notification shall include a

13  written listing or a prominent display of information on

14  alternative remedial options that must be available to each

15  student who scores below college level in any area on the

16  common placement test. The list or display shall include, but

17  is not limited to, options provided by the community college,

18  adult education programs, and programs provided by private

19  sector providers. The college shall not endorse, recommend,

20  evaluate, or rank any of the providers. The list of providers

21  or the display materials shall include all those providers

22  that request to be included. The written list must provide

23  students with specific contact information and disclose the

24  full costs of the course tuition, laboratory fees, and

25  instructional materials of each option listed. A student who

26  elects a private provider for remedial instruction is entitled

27  to enroll in up to 12 credits of college-level courses in

28  skill areas other than those for which the student is being

29  remediated. A student is prohibited from enrolling in

30  additional college-level courses until the student scores

31  

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  1  above the cut-score on all sections of the common placement

  2  test.

  3         Section 116.  Notwithstanding subsection (7) of section

  4  3 of chapter 2000-321, Laws of Florida, section 240.3215,

  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         240.3215  Community college district board of trustees;

  9  degrees and certificates; tests for certain skills.--

10         (1)  Each district board of trustees shall adopt rules

11  establishing student performance standards for the award of

12  degrees and certificates.

13         (2)  Each district board of trustees shall require the

14  use of scores on tests for college-level communication and

15  computation skills provided in s. 229.551 as a condition for

16  graduation with an associate in arts degree.

17         Section 117.  Notwithstanding subsection (7) of section

18  3 of chapter 2000-321, Laws of Florida, section 240.323,

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         240.323  Student records.--Rules of the State Board of

23  Education Community Colleges may prescribe the content and

24  custody of records and reports that which a community college

25  may maintain on its students. Such records are confidential

26  and exempt from s. 119.07(1) and are open to inspection only

27  as provided in s. 228.093.

28         Section 118.  Notwithstanding subsection (7) of section

29  3 of chapter 2000-321, Laws of Florida, section 240.324,

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         240.324  Community college accountability process.--

  4         (1)  It is the intent of the Legislature that a

  5  management and accountability process be implemented which

  6  provides for the systematic, ongoing improvement and

  7  assessment of the improvement of the quality and efficiency of

  8  the community colleges Florida Community College System.

  9  Accordingly, the State Board of Education Community Colleges

10  and the community college district boards of trustees shall

11  develop and implement an accountability plan to improve and

12  evaluate the instructional and administrative efficiency and

13  effectiveness of the community colleges Florida Community

14  College System. This plan shall be designed in consultation

15  with staff of the Governor and the Legislature and must

16  address the following issues:

17         (a)  Graduation rates of A.A. and A.S. degree-seeking

18  students compared to first-time-enrolled students seeking the

19  associate degree.

20         (b)  Minority student enrollment and retention rates.

21         (c)  Student performance, including student performance

22  in college-level academic skills, mean grade point averages

23  for community college A.A. transfer students, and community

24  college student performance on state licensure examinations.

25         (d)  Job placement rates of community college

26  vocational students.

27         (e)  Student progression by admission status and

28  program.

29         (f)  Vocational accountability standards identified in

30  s. 239.229.

31  

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  1         (g)  Institutional assessment efforts related to the

  2  requirements of s. III in the Criteria for Accreditation of

  3  the Commission on Colleges of the Southern Association of

  4  Colleges and Schools.

  5         (h)  Other measures as identified by the Council for

  6  Education Policy Research and Improvement Postsecondary

  7  Education Planning Commission and approved by the State Board

  8  of Education Community Colleges.

  9         (2)  Each district board of trustees Beginning

10  September 1, 1998, the State Board of Community Colleges shall

11  submit an annual report, to coincide with the submission of

12  the agency strategic plan required by law, providing the

13  results of initiatives taken during the prior year and the

14  initiatives and related objective performance measures

15  proposed for the next year.

16         (3)  The Commissioner of Education State Board of

17  Community Colleges shall address within the annual evaluation

18  of the performance of the executive director of the Division

19  of Community Colleges, and the district boards of trustees

20  shall address within the annual evaluation of the presidents,

21  the achievement of the performance goals established by the

22  accountability process.

23         Section 119.  Section 240.325, Florida Statutes, is

24  repealed.

25         Section 120.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.326,

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         240.326  Hazing prohibited at community colleges.--

31  

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  1         (1)  As used in this section, "hazing" means any action

  2  or situation which recklessly or intentionally endangers the

  3  mental or physical health or safety of a student for the

  4  purpose of initiation or admission into or affiliation with

  5  any organization operating under the sanction of a community

  6  college, which organization is hereinafter referred to as a

  7  "community college organization."  Such term includes, but is

  8  not limited to, any brutality of a physical nature, such as

  9  whipping; beating; branding; forced calisthenics; exposure to

10  the elements; forced consumption of any food, liquor, drug, or

11  other substance; or other forced physical activity which could

12  adversely affect the physical health or safety of the

13  individual, and also includes any activity which would subject

14  the individual to extreme mental stress, such as sleep

15  deprivation, forced exclusion from social contact, forced

16  conduct which could result in extreme embarrassment, or other

17  forced activity which could adversely affect the mental health

18  or dignity of the individual.  For the purposes of this

19  section, any activity as described above upon which the

20  initiation or admission into or affiliation with a community

21  college organization is directly or indirectly conditioned

22  shall be presumed to be a "forced" activity, the willingness

23  of an individual to participate in such activity

24  notwithstanding.

25         (2)  Each community college district board of trustees

26  shall adopt a written antihazing policy and, pursuant to such

27  policy, shall adopt rules prohibiting students or other

28  persons associated with any community college organization

29  from engaging in any activity which can be described as

30  hazing.

31  

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  1         (a)  Each community college district board of trustees

  2  shall provide a program for the enforcement of such rules and

  3  shall adopt appropriate penalties for violations of such

  4  rules, to be administered by the person or agency at the

  5  community college responsible for the sanctioning of such

  6  community college organizations.

  7         1.  Such penalties may include the imposition of fines;

  8  the withholding of diplomas or transcripts pending compliance

  9  with the rules or pending payment of fines; and the imposition

10  of probation, suspension, or dismissal.

11         2.  In the case of a community college organization

12  which authorizes hazing in blatant disregard of such rules,

13  penalties may also include rescission of permission for that

14  organization to operate on campus property or to otherwise

15  operate under the sanction of the community college.

16         3.  All penalties imposed under the authority of this

17  subsection shall be in addition to any penalty imposed for

18  violation of any of the criminal laws of this state or for

19  violation of any other community college rule to which the

20  violator may be subject.

21         (b)  Rules adopted pursuant to this section hereto

22  shall apply to acts conducted on or off campus whenever such

23  acts are deemed to constitute hazing.

24         (3)  Upon approval by the State Board of Education of

25  the antihazing policy of a community college and of the rules

26  and penalties adopted pursuant thereto, The community college

27  district board of trustees shall provide a copy of such

28  policy, rules, and penalties to each student enrolled in that

29  community college and shall require the inclusion of such

30  policy, rules, and penalties in the bylaws of every

31  

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  1  organization operating under the sanction of the community

  2  college.

  3         (4)  Any amendments to such approved policy, rules, or

  4  penalties shall be submitted, within 10 days after the

  5  adoption of such amendments, to the State Board of Education

  6  for its approval.

  7         Section 121.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.327,

  9  Florida Statutes, shall not stand repealed January 7, 2003, as

10  scheduled by that law, but that section is reenacted to read:

11         240.327  Planning and construction of community college

12  facilities; property acquisition.--

13         (1)  The need for community college facilities shall be

14  established by a survey conducted pursuant to chapter 235; the

15  facilities recommended by such survey must be approved by the

16  State Board of Education; and the projects must be constructed

17  according to the provisions of chapter 235 and State Board of

18  Education rules.

19         (2)  No community college may expend public funds for

20  the acquisition of additional property without the specific

21  approval of the Legislature.

22         (3)  No facility may be acquired or constructed by a

23  community college or its direct-support organization if such

24  facility requires general revenue funds for operation or

25  maintenance upon project completion or in subsequent years of

26  operation, unless prior approval is received from the

27  Legislature.

28         Section 122.  Notwithstanding subsection (7) of section

29  3 of chapter 2000-321, Laws of Florida, section 240.331,

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         240.331  Community college direct-support

  4  organizations.--

  5         (1)  DEFINITIONS.--For the purposes of this section,

  6  the term:

  7         (a)  "Community college direct-support organization"

  8  means an organization that is:

  9         1.  A Florida corporation not for profit, incorporated

10  under the provisions of chapter 617 and approved by the

11  Department of State.

12         2.  Organized and operated exclusively to receive,

13  hold, invest, and administer property and to make expenditures

14  to, or for the benefit of, a community college in this state.

15         3.  An organization that the district board of

16  trustees, after review, has certified to be operating in a

17  manner consistent with the goals of the community college and

18  in the best interest of the state. Any organization that is

19  denied certification by the board of trustees may not use the

20  name of the community college that it serves.

21         (b)  "Personal services" includes full-time or

22  part-time personnel as well as payroll processing.

23         (2)  BOARD OF DIRECTORS.--The chair of the district

24  board of trustees shall appoint a representative to the board

25  of directors and the executive committee of each

26  direct-support organization established under this section,

27  including those established before July 1, 1998. The president

28  of the community college for which the direct-support

29  organization is established, or the president's designee,

30  shall also serve on the board of directors and the executive

31  

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  1  committee of the direct-support organization, including any

  2  direct-support organization established before July 1, 1998.

  3         (3)  USE OF PROPERTY.--

  4         (a)  The district board of trustees is authorized to

  5  permit the use of property, facilities, and personal services

  6  at any state community college by any community college

  7  direct-support organization, subject to the provisions of this

  8  section.

  9         (b)  The district board of trustees is authorized to

10  prescribe by rule any condition with which a community college

11  direct-support organization must comply in order to use

12  property, facilities, or personal services at any state

13  community college.

14         (c)  The district board of trustees may not permit the

15  use of property, facilities, or personal services at any state

16  community college by any community college direct-support

17  organization that does not provide equal employment

18  opportunities to all persons regardless of race, color,

19  national origin, sex, age, or religion.

20         (4)  ACTIVITIES; RESTRICTIONS.--

21         (a)  A direct-support organization may, at the request

22  of the district board of trustees, provide residency

23  opportunities on or near campus for students.

24         (b)  A direct-support organization that constructs

25  facilities for use by a community college or its students must

26  comply with all requirements of this chapter relating to the

27  construction of facilities by a community college, including

28  requirements for competitive bidding.

29         (c)  Any transaction or agreement between one

30  direct-support organization and another direct-support

31  organization or between a direct-support organization and a

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  1  center of technology innovation designated under s. 240.3335

  2  must be approved by the district board of trustees.

  3         (d)  A community college direct-support organization is

  4  prohibited from giving, either directly or indirectly, any

  5  gift to a political committee or committee of continuous

  6  existence as defined in s. 106.011 for any purpose other than

  7  those certified by a majority roll call vote of the governing

  8  board of the direct-support organization at a regularly

  9  scheduled meeting as being directly related to the educational

10  mission of the community college.

11         (5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support

12  organization shall submit to the district board of trustees

13  its federal Internal Revenue Service Application for

14  Recognition of Exemption form (Form 1023) and its federal

15  Internal Revenue Service Return of Organization Exempt from

16  Income Tax form (Form 990).

17         (6)  ANNUAL AUDIT.--Each direct-support organization

18  shall provide for an annual financial audit in accordance with

19  rules adopted by the Auditor General pursuant to s. 11.45(8).

20  The annual audit report must be submitted, within 9 months

21  after the end of the fiscal year, to the Auditor General, the

22  Commissioner of Education State Board of Community Colleges,

23  and the district board of trustees for review.  The district

24  board of trustees, the Auditor General, and the Office of

25  Program Policy Analysis and Government Accountability may

26  require and receive from the organization or from its

27  independent auditor any detail or supplemental data relative

28  to the operation of the organization.  The identity of donors

29  and prospective donors who desire to remain anonymous shall be

30  protected, and that anonymity shall be maintained in the

31  auditor's report. All records of the organization, other than

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  1  the auditor's report, any information necessary for the

  2  auditor's report, any information related to the expenditure

  3  of funds, and any supplemental data requested by the district

  4  board of trustees, the Auditor General, and the Office of

  5  Program Policy Analysis and Government Accountability, shall

  6  be confidential and exempt from the provisions of s.

  7  119.07(1).

  8         Section 123.  Notwithstanding subsection (7) of section

  9  3 of chapter 2000-321, Laws of Florida, section 240.3315,

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         240.3315  Statewide community college direct-support

14  organizations.--

15         (1)  DEFINITIONS.--For the purposes of this section,

16  the term:

17         (a)  "Statewide community college direct-support

18  organization" means an organization that is:

19         1.  A Florida corporation not for profit, incorporated

20  under the provisions of chapter 617 and approved by the

21  Department of State.

22         2.  Organized and operated exclusively to receive,

23  hold, invest, and administer property and to make expenditures

24  to, or for the benefit of, the community colleges College

25  System in this state.

26         3.  An organization that the State Board of Education

27  Community Colleges, after review, has certified to be

28  operating in a manner consistent with the goals of the

29  community colleges College System and in the best interest of

30  the state. Any organization that is denied certification by

31  

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  1  the State Board of Education Community Colleges may not use

  2  the name of any community college.

  3         (b)  "Personal services" includes full-time or

  4  part-time personnel as well as payroll processing.

  5         (2)  BOARD OF DIRECTORS.--The Commissioner of Education

  6  chair of the State Board of Community Colleges may appoint a

  7  representative to the board of directors and the executive

  8  committee of any statewide, direct-support organization

  9  established under this section or s. 240.331. The Commissioner

10  of Education chair of the State Board of Community Colleges,

11  or the commissioner's chair's designee, shall also serve on

12  the board of directors and the executive committee of any

13  direct-support organization established to benefit community

14  colleges the Florida Community College System.

15         (3)  USE OF PROPERTY.--

16         (a)  The Commissioner of Education State Board of

17  Community Colleges may permit the use of property, facilities,

18  and personal services of the Division of community colleges by

19  any statewide community college direct-support organization,

20  subject to the provisions of this section.

21         (b)  The State Board of Education Community Colleges

22  may prescribe by rule any condition with which a statewide

23  community college direct-support organization must comply in

24  order to use property, facilities, or personal services of the

25  Division of community colleges.

26         (c)  The State Board of Education Community Colleges

27  may not permit the use of property, facilities, or personal

28  services of the Division of community colleges by any

29  statewide community college direct-support organization that

30  does not provide equal employment opportunities to all persons

31  

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  1  regardless of race, color, national origin, sex, age, or

  2  religion.

  3         (4)  RESTRICTIONS.--

  4         (a)  A statewide, direct-support organization may not

  5  use public funds to acquire, construct, maintain, or operate

  6  any facilities.

  7         (b)  Any transaction or agreement between a statewide,

  8  direct-support organization and any other direct-support

  9  organization or between a statewide, direct-support

10  organization and a center of technology innovation designated

11  under s. 240.3335 must be approved by the State Board of

12  Education Community Colleges.

13         (c)  A statewide community college direct-support

14  organization is prohibited from giving, either directly or

15  indirectly, any gift to a political committee or committee of

16  continuous existence as defined in s. 106.011 for any purpose

17  other than those certified by a majority roll call vote of the

18  governing board of the direct-support organization at a

19  regularly scheduled meeting as being directly related to the

20  educational mission of the State Board of community colleges.

21         (5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support

22  organization shall submit to the State Board of Education

23  Community Colleges its federal Internal Revenue Service

24  Application for Recognition of Exemption form (Form 1023) and

25  its federal Internal Revenue Service Return of Organization

26  Exempt from Income Tax form (Form 990).

27         (6)  ANNUAL AUDIT.--A statewide community college

28  direct-support organization shall provide for an annual

29  financial audit in accordance with s. 240.331. The identity of

30  a donor or prospective donor who desires to remain anonymous

31  and all information identifying such donor or prospective

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  1  donor are confidential and exempt from the provisions of s.

  2  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

  3  anonymity shall be maintained in the auditor's report.

  4         Section 124.  Notwithstanding subsection (7) of section

  5  3 of chapter 2000-321, Laws of Florida, section 240.333,

  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         240.333  Purchase of land by municipality.--Any

10  municipality wherein a community college (as defined by s.

11  228.041(1)) is situated is authorized and empowered to

12  purchase land with municipal funds and to donate and convey

13  such land or any other land to the community college district

14  school board of trustees of the district wherein such

15  municipality is located for the use of any such community

16  college.

17         Section 125.  Notwithstanding subsection (7) of section

18  3 of chapter 2000-321, Laws of Florida, section 240.3335,

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         240.3335  Centers of technology innovation.--

23         (1)  The State Board of Education Community Colleges

24  may designate centers of technology innovation at single

25  community colleges, consortia of community colleges, or

26  consortia of community colleges with other educational

27  institutions. The state board shall adopt rules necessary to

28  implement the provisions of this section. The State Board of

29  Education Community Colleges shall cooperate with the Jobs and

30  Partnership of Enterprise Florida in the designation of the

31  centers as it relates to the centers of applied technology.

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  1         (2)  Centers shall be designated when a community

  2  college or consortia provides evidence that it has developed

  3  expertise in one or more specialized technologies. To be

  4  designated, the community college or consortia must provide

  5  benefits to the community college system and the state, which

  6  may include, but are not limited to:

  7         (a)  Curriculum development.

  8         (b)  Faculty development.

  9         (c)  Research, testing, and technology transfer.

10         (d)  Instructional equipment and materials

11  identification and development.

12         (e)  Partnerships with industries dependent upon

13  staying current in the related technologies and in the

14  development of workforce capabilities.

15         (f)  Partnerships with industries needing to convert

16  their existing technology base to other technologies in order

17  to continue conducting business in Florida, including

18  converting defense-related technologies to other technologies.

19         (3)  Centers may provide services to their service area

20  and receive funding through:

21         (a)  Serving as a technology transfer center, as

22  created in s. 240.334.

23         (b)  Serving as an incubator facility for small

24  business concerns, as created in s. 240.3341.

25         (c)  Serving as an economic development center, as

26  created in s. 240.3575.

27         (4)  Centers may provide instruction, as follows:

28         (a)  To students enrolled in the community college,

29  especially for purposes of providing training for technicians

30  in areas that support the employers involved in the technology

31  specialization.

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  1         (b)  To students enrolled at the undergraduate and

  2  graduate level in a community college, college, or university

  3  that which is a member of the designated consortia. Such

  4  enrollment shall be funded by the enrolling institution.

  5         (c)  To employees in the service area needing training

  6  and retraining in the technology of specialization, which may

  7  include, but is not limited to, the retraining necessary to

  8  convert defense-related technologies to other technologies.

  9         (d)  To secondary school students and teachers where

10  such instruction will stimulate interest in further education.

11         (5)  The State Board of Education Community Colleges

12  shall give priority in the designation of centers to those

13  community colleges that specialize in technology in

14  environmental areas and in areas related to target industries

15  of the Department of Commerce or Enterprise Florida. Priority

16  in designation shall also be given to community colleges that

17  develop new and improved manufacturing techniques and related

18  business practices.

19         (6)  Centers, including the facilities of the center,

20  may be made available to the public agencies of the state, the

21  counties and cities of the service area, and the employers of

22  the state and service area. Centers may also be used for

23  applied research in the area of specialization.

24         (7)  Each center shall have a board of directors with

25  at least five members who shall be appointed by the district

26  board of trustees. The board of directors is responsible for

27  overseeing the operation of the center, approval of the annual

28  budget, and setting policy to guide the director in the

29  operation of the center. The board of directors shall consist

30  of at least the following:

31         (a)  The director of the center.

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  1         (b)  The vice president of academic affairs, or the

  2  equivalent, of the community college.

  3         (c)  The vice president of business affairs, or the

  4  equivalent, of the community college.

  5         (d)  Two members designated by the president of the

  6  community college.

  7         (8)  Each center shall establish a schedule of fees or

  8  rates to be charged to all who use the facilities of the

  9  center. In addition, each center may negotiate user contracts

10  with governmental users, industrial users, researchers, public

11  or private educational institutions, or individuals for use of

12  the facilities. It is the intent of the Legislature that the

13  centers of technology innovation established pursuant to this

14  act shall not seek any additional state funding. Centers may

15  solicit and accept grants and donations, including, but not

16  limited to, federal and state grants to assist companies in

17  converting defense-related technologies to other technologies.

18         (9)  The State Board of Education may award grants to

19  designated centers for the purposes of this section. Grants

20  awarded shall be in accordance with rules established by the

21  State Board of Education Community Colleges, which rules shall

22  require an annual report.

23         Section 126.  Notwithstanding subsection (7) of section

24  3 of chapter 2000-321, Laws of Florida, section 240.334,

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         240.334  Technology transfer centers at community

29  colleges.--

30         (1)  Each public community college may establish a

31  technology transfer center for the purpose of providing

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  1  institutional support to local business and industry and

  2  governmental agencies in the application of new research in

  3  technology.  The primary responsibilities of such centers may

  4  include:  identifying technology research developed by

  5  universities, research institutions, businesses, industries,

  6  the United States Armed Forces, and other state or federal

  7  governmental agencies; determining and demonstrating the

  8  application of technologies; training workers to integrate

  9  advanced equipment and production processes; and determining

10  for business and industry the feasibility and efficiency of

11  accommodating advanced technologies.

12         (2)  The district board of trustees shall set such

13  policies to regulate the activities of the technology transfer

14  center as it may consider necessary to effectuate the purposes

15  of this act and to administer the programs of the center in a

16  manner which assures efficiency and effectiveness, producing

17  the maximum benefit for the educational programs and maximum

18  service to the state. To this end, materials that relate to

19  methods of manufacture or production, potential trade secrets,

20  potentially patentable material, actual trade secrets,

21  business transactions, or proprietary information received,

22  generated, ascertained, or discovered during the course of

23  activities conducted within the community colleges shall be

24  confidential and exempt from the provisions of s. 119.07(1),

25  except that a community college shall make available upon

26  request the title and description of a project, the name of

27  the investigator, and the amount and source of funding

28  provided for such project.

29         (3)  A technology transfer center created under the

30  provisions of this act shall be under the supervision of the

31  board of trustees of that community college, which is

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  1  authorized to appoint a director; to employ full-time and

  2  part-time staff, research personnel, and professional

  3  services; to employ on a part-time basis personnel of the

  4  community college; and to employ temporary employees whose

  5  salaries are paid entirely from the permanent technology

  6  transfer fund or from that fund in combination with other

  7  nonstate sources, with such positions being exempt from the

  8  requirements of the Florida Statutes relating to salaries,

  9  except that no such appointment shall be made for a total

10  period of longer than 1 year.

11         (4)  The district board of trustees of the community

12  college in which a technology transfer center is created, or

13  its designee, may negotiate, enter into, and execute

14  contracts; solicit and accept grants and donations; and fix

15  and collect fees, other payments, and donations that may

16  accrue by reason thereof for technology transfer activities.

17  The district board of trustees or its designee may negotiate,

18  enter into, and execute contracts on a cost-reimbursement

19  basis and may provide temporary financing of such costs prior

20  to reimbursement from moneys on deposit in the technology

21  transfer fund, except as may be prohibited elsewhere by law.

22         (5)  A technology transfer center shall be financed

23  from the Academic Improvement Program or from moneys of a

24  community college which are on deposit or received for use in

25  the activities conducted in the center. Such moneys shall be

26  deposited by the community college in a permanent technology

27  transfer fund in a depository or depositories approved for the

28  deposit of state funds and shall be accounted for and

29  disbursed subject to regular audit by the Auditor General.

30         (6)  The fund balance in any existing research trust

31  fund of a community college at the time a technology transfer

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  1  center is created shall be transferred to a permanent

  2  technology transfer fund established for the community

  3  college, and thereafter the fund balance of the technology

  4  transfer fund at the end of any fiscal period may be used

  5  during any succeeding period pursuant to this section.

  6         (7)  Moneys deposited in the permanent technology

  7  transfer fund of a community college shall be disbursed in

  8  accordance with the terms of the contract, grant, or donation

  9  under which they are received.  Moneys received for overhead

10  or indirect costs and other moneys not required for the

11  payment of direct costs shall be applied to the cost of

12  operating the technology transfer center.

13         (8)  All purchases of a technology transfer center

14  shall be made in accordance with the policies and procedures

15  of the community college.

16         (9)  The district board of trustees may authorize the

17  construction, alteration, or remodeling of buildings when the

18  funds used are derived entirely from the technology transfer

19  fund of a community college or from that fund in combination

20  with other nonstate sources, provided that such construction,

21  alteration, or remodeling is for use exclusively by the

22  center. It also may authorize the acquisition of real property

23  when the cost is entirely from said funds.  Title to all real

24  property shall vest in the board of trustees.

25         (10)  The State Board of Education Community Colleges

26  may award grants to community colleges, or consortia of public

27  and private colleges and universities and other public and

28  private entities, for the purpose of supporting the objectives

29  of this section. Grants awarded pursuant to this subsection

30  shall be in accordance with rules of the State Board of

31  

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  1  Education Community Colleges.  Such rules shall include the

  2  following provisions:

  3         (a)  The number of centers established with state funds

  4  provided expressly for the purpose of technology transfer

  5  shall be limited, but shall be geographically located to

  6  maximize public access to center resources and services;

  7         (b)  Grants to centers funded with state revenues

  8  appropriated specifically for technology transfer activities

  9  shall be reviewed and approved by the State Board of Education

10  Community Colleges using proposal solicitation, evaluation,

11  and selection procedures established by the board in

12  consultation with Enterprise Florida, Inc. Such procedures may

13  include designation of specific areas or applications of

14  technology as priorities for the receipt of funding; and

15         (c)  Priority for the receipt of state funds

16  appropriated specifically for the purpose of technology

17  transfer shall be given to grant proposals developed jointly

18  by community colleges and public and private colleges and

19  universities.

20         (11)  Each technology transfer center established under

21  the provisions of this section shall establish a technology

22  transfer center advisory committee. Each committee shall

23  include representatives of a university or universities

24  conducting research in the area of specialty of the center.

25  Other members shall be determined by the community college

26  district board of trustees.

27         Section 127.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.3341,

29  Florida Statutes, shall not stand repealed January 7, 2003, as

30  scheduled by that law, but that section is reenacted to read:

31  

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  1         240.3341  Incubator facilities for small business

  2  concerns.--

  3         (1)  Each community college established pursuant to s.

  4  240.3031 may provide incubator facilities to eligible small

  5  business concerns.  As used in this section, "small business

  6  concern" shall be defined as an independently owned and

  7  operated business concern incorporated in Florida which is not

  8  an affiliate or a subsidiary of a business dominant in its

  9  field of operation, and which employs 25 or fewer full-time

10  employees. "Incubator facility" shall be defined as a facility

11  in which small business concerns share common space,

12  equipment, and support personnel and through which such

13  concerns have access to professional consultants for advice

14  related to the technical and business aspects of conducting a

15  commercial enterprise.  The community college board of

16  trustees shall authorize concerns for inclusion in the

17  incubator facility.

18         (2)  Each community college that provides an incubator

19  facility shall provide the following:

20         (a)  Management and maintenance of the incubator

21  facility;

22         (b)  Secretarial and other support personnel,

23  equipment, and utilities; and

24         (c)  Mechanisms to assist with the acquisition of

25  technical, management, and entrepreneurial expertise to

26  resident and other local small business concerns.

27         (3)  The incubator facility and any improvements to the

28  facility shall be owned or leased by the community college.

29  The community college may charge residents of the facility all

30  or part of the cost for facilities, utilities, and support

31  personnel and equipment.  No small business concern shall

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  1  reside in the incubator facility for more than 5 calendar

  2  years.  The state shall not be liable for any act or failure

  3  to act of any small business concern residing in an incubator

  4  facility pursuant to this section or of any such concern

  5  benefiting from the incubator facilities program.

  6         (4)  Community colleges are encouraged to establish

  7  incubator facilities through which emerging small businesses

  8  supportive of spaceport endeavors and other high-technology

  9  enterprises may be served.

10         (5)  Community colleges are encouraged to establish

11  incubator facilities through which emerging small businesses

12  supportive of development of content and technology for

13  digital broadband media and digital broadcasting may be

14  served.

15         Section 128.  Notwithstanding subsection (7) of section

16  3 of chapter 2000-321, Laws of Florida, section 240.335,

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         240.335  Employment of community college personnel;

21  discrimination in granting salary prohibited.--

22         (1)(a)  Employment of all personnel in each community

23  college shall be upon recommendation of the president, subject

24  to rejection for cause by the district board of trustees and

25  subject; to the rules and regulations of the State Board of

26  Education relative to certification, tenure, leaves of absence

27  of all types, including sabbaticals, remuneration, and such

28  other conditions of employment as the State Board of Community

29  Colleges deems necessary and proper; and to policies of the

30  board of trustees not inconsistent with law.

31  

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  1         (b)  Any internal auditor employed by a community

  2  college shall be hired by the board of trustees of the

  3  community college and shall report directly to the board.

  4         (2)  Each board of trustees shall undertake a program

  5  to eradicate any discrimination on the basis of gender, race,

  6  or physical handicap in the granting of salaries to employees.

  7         Section 129.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.3355,

  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         240.3355  Community college system employment equity

13  accountability program.--

14         (1)  Each community college shall include in its annual

15  equity update a plan for increasing the representation of

16  women and minorities in senior-level administrative positions

17  and in full-time faculty positions, and for increasing the

18  representation of women and minorities who have attained

19  continuing-contract status. Positions shall be defined in the

20  personnel data element directory of the State Board of

21  Education Division of Community Colleges. The plan must

22  include specific measurable goals and objectives, specific

23  strategies and timelines for accomplishing these goals and

24  objectives, and comparable national standards as provided by

25  the State Board of Education Division of Community Colleges.

26  The goals and objectives shall be based on meeting or

27  exceeding comparable national standards and shall be reviewed

28  and recommended by the Commissioner of Education State Board

29  of Community Colleges as appropriate.  Such plans shall be

30  maintained until appropriate representation has been achieved

31  and maintained for at least 3 consecutive reporting years.

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  1         (2)(a)  On or before May 1 of each year, each community

  2  college president shall submit an annual employment

  3  accountability plan to the Executive director of the Division

  4  State Board of Community Colleges.  The accountability plan

  5  must show faculty and administrator employment data according

  6  to requirements specified on the federal Equal Employment

  7  Opportunity (EE0-6) report.

  8         (b)  The plan must show the following information for

  9  those positions including, but not limited to:

10         1.  Job classification title.

11         2.  Gender.

12         3.  Ethnicity.

13         4.  Appointment status.

14         5.  Salary information.  At each community college,

15  salary information shall also include the salary ranges in

16  which new hires were employed compared to the salary ranges

17  for employees with comparable experience and qualifications.

18         6.  Other comparative information including, but not

19  limited to, composite information regarding the total number

20  of positions within the particular job title classification

21  for the community college by race, gender, and salary range

22  compared to the number of new hires.

23         7.  A statement certifying diversity and balance in the

24  gender and ethnic composition of the selection committee for

25  each vacancy, including a brief description of guidelines used

26  for ensuring balanced and diverse membership on selection and

27  review committees.

28         (c)  The annual employment accountability plan shall

29  also include an analysis and an assessment of the community

30  college's attainment of annual goals and of long-range goals

31  for increasing the number of women and minorities in faculty

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  1  and senior-level administrative positions, and a corrective

  2  action plan for addressing underrepresentation.

  3         (d)  Each community college's employment accountability

  4  plan must also include:

  5         1.  The requirements for receiving a continuing

  6  contract.

  7         2.  A brief description of the process used to grant

  8  continuing-contract status.

  9         3.  A brief description of the process used to annually

10  apprise each eligible faculty member of progress toward

11  attainment of continuing-contract status.

12         (3)  Community college presidents and the heads of each

13  major administrative division shall be evaluated annually on

14  the progress made toward meeting the goals and objectives of

15  the community college's employment accountability plan.

16         (a)  The community college presidents, or the

17  presidents' designees, shall annually evaluate each department

18  chairperson, dean, provost, and vice president in achieving

19  the annual and long-term goals and objectives.  A summary of

20  the results of such evaluations shall be reported annually by

21  the president of the community college to the board of

22  trustees. Annual budget allocations by the board of trustees

23  for positions and funding must take into consideration these

24  evaluations.

25         (b)  Community college district boards of trustees

26  shall annually evaluate the performance of the community

27  college presidents in achieving the annual and long-term goals

28  and objectives. A summary of the results of such evaluations

29  shall be reported to the Executive director of the Division

30  State Board of Community Colleges as part of the community

31  college's annual employment accountability plan, and to the

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  1  Legislature and State Board of Education as part of the annual

  2  equity progress report submitted by the State Board of

  3  Community Colleges.

  4         (4)  The State Board of Education Community Colleges

  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  January 1 of each year.

  9         (5)  Each community college president 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 district board of trustees community college

16  president and the State Board of Community Colleges, the plan

17  shall be submitted as part of the annual employment

18  accountability plan submitted by each community college to the

19  State Board of Education Community Colleges.

20         (6)  Subject to available funding, the Legislature

21  shall provide an annual appropriation to the State Board of

22  community colleges to be allocated to community college

23  presidents, faculty, and administrative personnel to further

24  enhance equity initiatives and related priorities that support

25  the mission of colleges and departments in recognition of the

26  attainment of the equity goals and objectives.

27         Section 130.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.337,

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         240.337  Records of personnel.--Rules of the district

  2  board of trustees State Board of Community Colleges shall

  3  prescribe the content and custody of limited-access records

  4  that which a community college may maintain on its employees.

  5  Such records shall be limited to information reflecting

  6  evaluations of employee performance and shall be open to

  7  inspection only by the employee and by officials of the

  8  college who are responsible for supervision of the employee.

  9  Such limited access employee records are confidential and

10  exempt from the provisions of s. 119.07(1). Except as required

11  for use by the president in the discharge of his or her

12  official responsibilities, the custodian of limited access

13  employee records may release information from such records

14  only upon authorization in writing from the employee or the

15  president or upon order of a court of competent jurisdiction.

16         Section 131.  Notwithstanding subsection (7) of section

17  3 of chapter 2000-321, Laws of Florida, section 240.339,

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         240.339  Contracts with administrative and

22  instructional staff.--Each person employed in an

23  administrative or instructional capacity in a community

24  college shall be entitled to a contract or letter of

25  appointment as provided by rules of the State Board of

26  Community Colleges.

27         Section 132.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.341,

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         240.341  Teaching faculty; minimum teaching hours per

  2  week.--Each full-time member of the teaching faculty at a any

  3  institution under the supervision of the State Board of

  4  community college Colleges of the Department of Education who

  5  is paid wholly from funds appropriated from the state

  6  community college program fund shall teach a minimum of 15

  7  classroom contact hours per week at such institution.

  8  However, the required classroom contact hours per week may be

  9  reduced upon approval of the president of the institution in

10  direct proportion to specific duties and responsibilities

11  assigned the faculty member by his or her departmental chair

12  or other appropriate college administrator, which may include

13  class schedules for compressed or extended sessions. Such

14  specific duties may include specific research duties, specific

15  duties associated with developing television, video tape, or

16  other specifically assigned innovative teaching techniques or

17  devices, or assigned responsibility for off-campus student

18  internship or work-study programs.  A "classroom contact hour"

19  consists of a regularly scheduled classroom activity of not

20  less than 50 minutes in a course of instruction which has been

21  approved by the district board of trustees of the community

22  college.  Any full-time faculty member who is paid partly from

23  state community college program funds and partly from other

24  funds or appropriations shall teach a minimum number of

25  classroom contact hours per week in such proportion to 15

26  classroom contact hours as his or her salary paid from state

27  community college program funds bears to his or her total

28  salary.

29         Section 133.  Notwithstanding subsection (7) of section

30  3 of chapter 2000-321, Laws of Florida, section 240.343,

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         240.343  Sick leave.--Each community college district

  4  board of trustees shall adopt rules whereby any full-time

  5  employee who is unable to perform his or her duties at the

  6  college on account of personal sickness, accident disability,

  7  or extended personal illness, or because of illness or death

  8  of the employee's father, mother, brother, sister, husband,

  9  wife, child, or other close relative or member of the

10  employee's own household, and who consequently has to be

11  absent from work shall be granted leave of absence for

12  sickness by the president or by the president's designated

13  representative.  The following provisions shall govern sick

14  leave:

15         (1)  DEFINITIONS.--As used in this section, unless the

16  context otherwise requires, the term:

17         (a)  "Educational support employee" means any person

18  employed by a community college as an education or

19  administrative paraprofessional; a member of the operations,

20  maintenance, or comparable department; or a secretary,

21  clerical, or comparable level support employee.

22         (b)  "Instructional staff" shall be used synonymously

23  with the word "teacher" or "faculty" and includes faculty

24  members, librarians, counselors, and other comparable members

25  engaged in an instructional capacity in the community college.

26         (2)  EXTENT OF LEAVE WITH COMPENSATION.--

27         (a)  Each full-time employee shall earn 1 day of sick

28  leave with compensation for each calendar month or major

29  fraction of a calendar month of service, not to exceed 12 days

30  for each fiscal year.  Such leave shall be taken only when

31  necessary because of sickness as herein prescribed.  Such sick

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  1  leave shall be cumulative from year to year.  Accumulated sick

  2  leave may be transferred from another Florida community

  3  college, the Florida Department of Education, the state

  4  universities and colleges University System, a Florida

  5  district school board, or a state agency, provided that at

  6  least one-half of the sick leave accumulated at any time must

  7  have been established in the college in which such employee is

  8  currently employed.

  9         (b)  A district board of trustees may establish rules

10  and prescribe procedures whereby a full-time employee may, at

11  the beginning date of employment in any year, be credited with

12  12 days of sick leave with compensation in excess of the

13  number of days the employee has earned. Upon termination of

14  employment, the employee's final compensation shall be

15  adjusted in an amount necessary to ensure that sick leave with

16  compensation does not exceed the days of earned sick leave as

17  provided herein.

18         (c)  A district board of trustees may establish rules

19  and prescribe standards to permit a full-time employee to be

20  absent no more than 4 days for personal reasons. However, such

21  absences for personal reasons shall be charged only to accrued

22  sick leave, and leave for personal reasons shall be

23  noncumulative.

24         (d)  A district board of trustees may establish rules

25  to provide terminal pay for accumulated sick leave to

26  full-time instructional staff and educational support

27  employees or to the employee's beneficiary if service is

28  terminated by death. However, such terminal pay may not exceed

29  an amount determined as follows:

30  

31  

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  1         1.  During the first 3 years of service, the daily rate

  2  of pay multiplied by 35 percent times the number of days of

  3  accumulated sick leave.

  4         2.  During the next 3 years of service, the daily rate

  5  of pay multiplied by 40 percent times the number of days of

  6  accumulated sick leave.

  7         3.  During the next 3 years of service, the daily rate

  8  of pay multiplied by 45 percent times the number of days of

  9  accumulated sick leave.

10         4.  During the 10th year of service, the daily rate of

11  pay multiplied by 50 percent times the number of days of

12  accumulated sick leave.

13         5.  During the next 20 years of service, the daily rate

14  of pay multiplied by 50 percent plus up to an additional 2.5

15  percent per year for each year of service beyond 10 years,

16  times the number of days of accumulated sick leave.

17  

18  If an employee receives terminal pay benefits based on unused

19  sick leave credit, all unused sick leave credit shall become

20  invalid; however, if an employee terminates his or her

21  employment without receiving terminal pay benefits and is

22  reemployed, his or her sick leave credit shall be reinstated.

23         (e)  A district board of trustees may, by rule, provide

24  for terminal pay for accumulated unused sick leave to be paid

25  to any full-time employee of a community college other than

26  instructional staff or educational support employees. If

27  termination of employment is by death of the employee, any

28  terminal pay to which the employee may have been entitled

29  shall be made to the employee's beneficiary.

30  

31  

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  1         1.  For unused sick leave accumulated before July 1,

  2  2001, terminal pay shall be made pursuant to rules or policies

  3  of the board of trustees which are in effect on June 30, 2001.

  4         2.  For unused sick leave accumulated on or after July

  5  1, 2001, terminal payment may not exceed an amount equal to

  6  one-fourth of the employee's unused sick leave or 60 days of

  7  the employee's pay, whichever amount is less.

  8         3.  If the employee has an accumulated sick leave

  9  balance of 60 days or more on June 30, 2001, sick leave earned

10  after that date may not be accumulated for terminal pay

11  purposes until the accumulated leave balance as of June 30,

12  2001, is less than 60 days.

13         (3)  CLAIM MUST BE FILED.--Any full-time employee who

14  finds it necessary to be absent from his or her duties because

15  of illness as defined in this section shall notify the

16  president or a college official designated by the president,

17  if possible before the opening of college on the day on which

18  the employee must be absent or during the day, except when he

19  or she is absent for emergency reasons recognized by the board

20  of trustees as valid. Any employee shall, before claiming and

21  receiving compensation for the time absent from his or her

22  duties while absent because of sick leave as prescribed in

23  this section, make and file a written certificate which shall

24  set forth the day or days absent, that such absence was

25  necessary, and that he or she is entitled or not entitled to

26  receive pay for such absence in accordance with the provisions

27  of this section. The district board of trustees may prescribe

28  rules under which the president may require a certificate of

29  illness from a licensed physician or from the county health

30  officer.

31  

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  1         (4)  COMPENSATION.--Any full-time employee who has

  2  unused sick leave credit shall receive full-time compensation

  3  for the time justifiably absent on sick leave; no compensation

  4  may be allowed beyond that provided in subsection (6).

  5         (5)  EXPENDITURE AUTHORIZED.--Community college

  6  district boards of trustees may are authorized to expend

  7  public funds for payment to employees on account of sickness.

  8  The expending and excluding of such funds shall be in

  9  compliance with rules adopted by the Department of Management

10  Services pursuant to chapter 650.

11         (6)  SICK LEAVE POOL.--Notwithstanding any other

12  provision of this section, a district board of trustees may,

13  by rule, based upon the maintenance of reliable and accurate

14  records by the community college showing the amount of sick

15  leave which has been accumulated and is unused by employees in

16  accordance with this section, establish a plan allowing

17  participating full-time employees of the community college to

18  pool sick leave accrued and allowing any sick leave thus

19  pooled to be disbursed to any participating employee who is in

20  need of sick leave in excess of that amount he or she has

21  personally accrued. Such rules shall include, but not be

22  limited to, the following provisions:

23         (a)  Participation in the sick leave pool shall at all

24  times be voluntary on the part of employees.

25         (b)  Any full-time employee shall be eligible for

26  participation in the sick leave pool after 1 year of

27  employment with the community college, provided such employee

28  has accrued a minimum amount of unused sick leave, which

29  minimum shall be established by rule.

30  

31  

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  1         (c)  Any sick leave pooled pursuant to this section

  2  shall be removed from the personally accumulated sick leave

  3  balance of the employee donating such leave.

  4         (d)  Participating employees shall make equal

  5  contributions to the sick leave pool.  There shall be

  6  established a maximum amount of sick leave which may be

  7  contributed to the pool by an employee.  After the initial

  8  contribution which an employee makes upon electing to

  9  participate, no further contributions shall be required except

10  as may be necessary to replenish the pool.  Any such further

11  contribution shall be equally required of all employees

12  participating in the pool.

13         (e)  Any sick leave time drawn from the pool by a

14  participating employee must be used for that employee's

15  personal illness, accident, or injury.

16         (f)  A participating employee will not be eligible to

17  use sick leave from the pool until all of his or her sick

18  leave has been depleted.  There shall be established a maximum

19  number of days for which an employee may draw sick leave from

20  the sick leave pool.

21         (g)  A participating employee who uses sick leave from

22  the pool will not be required to recontribute such sick leave

23  to the pool, except as otherwise provided herein.

24         (h)  A participating employee who chooses to no longer

25  participate in the sick leave pool will not be eligible to

26  withdraw any sick leave already contributed to the pool.

27         (i)  Alleged abuse of the use of the sick leave pool

28  shall be investigated, and, on a finding of wrongdoing, the

29  employee shall repay all of the sick leave credits drawn from

30  the sick leave pool and shall be subject to such other

31  disciplinary action as is determined by the board to be

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  1  appropriate.  Rules adopted for the administration of this

  2  program shall provide for the investigation of the use of sick

  3  leave utilized by the participating employee in the sick leave

  4  pool.

  5         Section 134.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, section 240.344,

  7  Florida Statutes, shall not stand repealed January 7, 2003, as

  8  scheduled by that law, but that section is reenacted to read:

  9         240.344  Retirement annuities authorized.--Each

10  community college district board of trustees is authorized to

11  purchase annuities for its community college personnel who

12  have 25 or more years of creditable service and who have

13  reached age 55 and have applied for retirement under the

14  Florida Retirement System. No such annuity may provide for

15  more than the total difference in retirement income between

16  the retirement benefit based on average monthly compensation

17  and creditable service as of the member's early retirement

18  date and the early retirement benefit.  Community college

19  district boards of trustees may also purchase annuities for

20  members of the Florida Retirement System who have out-of-state

21  teaching service in another state or country which is

22  documented as valid by the appropriate educational entity.

23  Such annuities may be based on no more than 5 years of

24  out-of-state teaching service and may equal, but not exceed,

25  the benefits that would be payable under the Florida

26  Retirement System if credit for out-of-state teaching was

27  authorized under that system. Each district board of trustees

28  is authorized to invest funds, purchase annuities, or provide

29  local supplemental retirement programs for purposes of

30  providing retirement annuities for community college

31  

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  1  personnel.  All such retirement annuities shall comply with s.

  2  14, Art. X of the State Constitution.

  3         Section 135.  Notwithstanding subsection (7) of section

  4  3 of chapter 2000-321, Laws of Florida, section 240.345,

  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         240.345  Financial support of community colleges.--

  9         (1)  STATE SUPPORT OF COMMUNITY COLLEGES.--Each

10  community college, as defined in s. 240.3031, which that has

11  been approved by the Department of Education and meets the

12  requirements of law and regulations of the State Board of

13  Education shall participate in the state community college

14  program fund. However, funds to support workforce development

15  programs conducted by community colleges shall be provided by

16  the Workforce Development Education Fund pursuant to s.

17  239.115.

18         (2)  STUDENT FEES.--

19         (a)  Fees may be charged to students attending a

20  community college only as authorized by this part.

21         (b)  The State Board of Community Colleges shall adopt

22  rules permitting the deferral of registration and tuition fees

23  for those students who receive financial aid from federal or

24  state assistance programs when such aid is delayed in being

25  transmitted to the student through circumstances beyond the

26  control of the student.  The failure to make timely

27  application for such aid control of the student.  The failure

28  to make timely application for such aid is insufficient reason

29  to receive such deferral.

30         1.  A veteran or other eligible student who receives

31  benefits under chapter 30, chapter 31, chapter 32, chapter 34,

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  1  or chapter 35, 38 U.S.C., or chapter 106, 10 U.S.C., is

  2  entitled to one deferment each academic year and an additional

  3  deferment each time there is a delay in the receipt of his or

  4  her benefits.

  5         1.2.  Each community college shall be responsible for

  6  collecting all deferred fees pursuant to s. 240.4043. If a

  7  community college has not collected a deferred fee, the

  8  student shall not earn full-time equivalent student enrollment

  9  for any course for which the student subsequently registers

10  until the fee has been paid.

11         2.3.  In adopting such rules, the State Board of

12  Education Community Colleges is required to enforce the

13  collection of or otherwise settle delinquent accounts.

14         3.4.  The State Board of Education shall require that

15  each institution within the community college system withdraw

16  all requests for course approval from the United States

17  Department of Veterans Affairs for education programs offered

18  in correctional facilities which are provided through state

19  funding at no cost to the inmate.

20         (b)(c)  The spouse of a deceased state employee is

21  entitled, when eligible for the payment of student fees by the

22  state as employer pursuant to s. 440.16, in lieu of such

23  payment, to a full waiver of student fees for up to 80

24  semester hours in any community college.

25         Section 136.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.347,

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         240.347  State Community College Program Fund.--

31  

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  1         (1)  There is established a State Community College

  2  Program Fund. This fund shall comprise all appropriations made

  3  by the Legislature for the support of the current operating

  4  program and shall be apportioned and distributed to the

  5  community college districts of the state on the basis of

  6  procedures established by law and regulations of the State

  7  Board of Education and the State Board of Community Colleges.

  8  The annual apportionment for each community college district

  9  shall be distributed monthly in payments as nearly equal as

10  possible.

11         (2)  For each year's Beginning with the 1985-1987

12  legislative budget request, the prior year's June 30 adjusted

13  expenditure database for salaries and benefits shall be

14  included in the budget request for the State Community College

15  Program Fund within the following categories:  "Instructional"

16  with subcategories including "Faculty," "Nonfaculty," "Faculty

17  Other Personal Services," and "Nonfaculty Other Personal

18  Services"; and "Noninstructional" with subcategories including

19  "Administrative," "Professional," "Nonprofessional," and

20  "Noninstructional Other Personal Services."  Within the

21  foregoing categories and subcategories, the following shall be

22  reported:  salaries and employer contributions for retirement,

23  social security, health insurance, life insurance, and other

24  employer-paid personnel benefits.

25         Section 137.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.349,

27  Florida Statutes, shall not stand repealed January 7, 2003, as

28  scheduled by that law, but that section is reenacted to read:

29         240.349  Requirements for participation in Community

30  College Program Fund.--Each district which participates in the

31  state appropriations for the Community College Program Fund

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  1  shall provide evidence of its effort to maintain an adequate

  2  community college program which shall:

  3         (1)  Meet the minimum standards prescribed by the State

  4  Board of Education in accordance with s. 240.325.

  5         (2)  Effectively fulfill the mission of the community

  6  colleges in accordance with s. 240.301.

  7         Section 138.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.35,

  9  Florida Statutes, shall not stand repealed January 7, 2003, as

10  scheduled by that law, but that section, as amended by

11  sections 8 and 11 of chapter 2001-254, Laws of Florida, is

12  reenacted and amended to read:

13         240.35  Student fees.--Unless otherwise provided, the

14  provisions of this section apply only to fees charged for

15  community college credit instruction leading to an associate

16  in arts degree, an associate in applied science degree, or an

17  associate in science degree and noncollege credit

18  college-preparatory courses defined in s. 239.105.

19         (1)  The State Board of Education Community Colleges

20  shall establish the matriculation and tuition fees for

21  college-preparatory instruction and for credit instruction

22  which may be counted toward an associate in arts degree, an

23  associate in applied science degree, or an associate in

24  science degree.

25         (2)(a)  Any student for whom the state is paying a

26  foster care board payment pursuant to s. 409.145(3) or parts

27  II and III of chapter 39, for whom the permanency planning

28  goal pursuant to part III of chapter 39 is long-term foster

29  care or independent living, or who is adopted from the

30  Department of Children and Family Services after May 5, 1997,

31  shall be exempt from the payment of all undergraduate fees,

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  1  including fees associated with enrollment in

  2  college-preparatory instruction or completion of the

  3  college-level communication and computation skills testing

  4  program. Before a fee exemption can be given, the student

  5  shall have applied for and been denied financial aid, pursuant

  6  to s. 240.404, which would have provided, at a minimum,

  7  payment of all student fees. Such exemption shall be available

  8  to any student adopted from the Department of Children and

  9  Family Services after May 5, 1997; however, the exemption

10  shall be valid for no more than 4 years after the date of

11  graduation from high school.

12         (b)  Any student qualifying for a fee exemption under

13  this subsection shall receive such an exemption for not more

14  than 2 consecutive years or 4 semesters, unless the student is

15  participating in college-preparatory instruction or requires

16  additional time to complete the college-level communication

17  and computation skills testing program.  Such a student is

18  eligible to receive a fee exemption for a maximum of 3

19  consecutive years or 6 semesters.

20         (c)  As a condition for continued fee exemption, a

21  student shall earn a grade point average of at least 2.0 on a

22  4.0 scale for the previous term, maintain at least an overall

23  2.0 average for college work, or have an average below 2.0 for

24  only the previous term and be eligible for continued

25  enrollment in the institution.

26         (3)  Students enrolled in dual enrollment and early

27  admission programs under s. 240.116 and students enrolled in

28  employment and training programs under the welfare transition

29  program are exempt from the payment of registration,

30  matriculation, and laboratory fees; however, such students may

31  not be included within calculations of fee-waived enrollments.

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  1  The regional workforce board shall pay the community college

  2  for costs incurred by that participant related to that

  3  person's classes or program. Other fee-exempt instruction

  4  provided under this subsection generates an additional

  5  one-fourth full-time equivalent enrollment.

  6         (4)  Any proprietor, owner, or worker of a company

  7  whose business has been at least 50-percent negatively

  8  financially impacted by the buyout of property around Lake

  9  Apopka by the State of Florida is exempt from the payment of

10  registration, matriculation, and laboratory fees.  A student

11  receiving a fee exemption in accordance with this subsection

12  must not have received compensation because of the buyout,

13  must be designated a Florida resident for tuition purposes

14  pursuant to s. 240.1201, and must first have applied for and

15  been denied financial aid, pursuant to s. 240.404, which would

16  have provided, at a minimum, payment of all student fees. The

17  student is responsible for providing evidence to the

18  postsecondary education institution verifying that the

19  conditions of this subsection have been met, including support

20  documentation provided by the Department of Revenue.  The

21  student must be currently enrolled in, or begin coursework

22  within, a program area by fall semester 2000.  The exemption

23  is valid for a period of 4 years from the date that the

24  postsecondary education institution confirms that the

25  conditions of this subsection have been met.

26         (5)(a)  Fees shall be waived for certain members of the

27  active Florida National Guard pursuant to s. 250.10(8).

28         (2)(b)  Community colleges may waive fees for any

29  fee-nonexempt student. A student whose fees are waived in

30  excess of the amount authorized annually in the General

31  Appropriations Act may not be included in calculations of

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  1  full-time equivalent enrollments for state funding purposes.

  2  Any community college that waives fees and requests state

  3  funding for a student in violation of the provisions of this

  4  subsection shall be penalized at a rate equal to two times the

  5  value of the full-time equivalent student enrollment reported

  6  served.  Such penalty shall be charged against the following

  7  year's allocation from the Community College Program Fund.

  8         (3)(6)  The State Board of Education Community Colleges

  9  shall adopt by December 31 of each year a resident fee

10  schedule for the following fall for advanced and professional,

11  associate in science degree, and college-preparatory programs

12  that produce revenues in the amount of 25 percent of the full

13  prior year's cost of these programs. However, the district

14  board may not adopt an annual fee increase in any program for

15  resident students which exceeds 10 percent. Fees for courses

16  in college-preparatory programs and associate in arts and

17  associate in science degree programs may be established at the

18  same level. In the absence of a provision to the contrary in

19  an appropriations act, the fee schedule shall take effect and

20  the colleges shall expend the funds on instruction. If the

21  Legislature provides for an alternative fee schedule in an

22  appropriations act, the fee schedule shall take effect the

23  subsequent fall semester.

24         (4)(a)(7)  Each community college board of trustees

25  shall establish matriculation and tuition fees, which may vary

26  no more than 10 percent below and 15 percent above the fee

27  schedule adopted by the State Board of Education Community

28  Colleges, provided that any amount from 10 to 15 percent above

29  the fee schedule is used only to support safety and security

30  purposes. In order to assess an additional amount for safety

31  and security purposes, a community college district board of

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  1  trustees must provide written justification to the State Board

  2  of Education Community Colleges based on criteria approved by

  3  the local board of trustees, including but not limited to

  4  criteria such as local crime data and information, and

  5  strategies for the implementation of local safety plans.

  6         (b)  Each community college board of trustees may

  7  designate matriculation and tuition fees to be expended

  8  according to technology improvement plans approved by the

  9  board. In order to fund the technology improvement plans, up

10  to 5 percent of the total matriculation and tuition fee

11  revenues may be pledged as a dedicated revenue source for the

12  repayment of debt, including lease-purchase agreements, not

13  exceeding the useful life of the assets being financed. These

14  fee revenues may not be bonded.

15         (c)  Each community college board of trustees may

16  establish a separate fee for student activity and service,

17  student financial aid, and capital improvements as provided

18  for in this section. The sum of these fees may not exceed 20

19  percent of the matriculation fee for all students and an

20  additional 20 percent of the tuition fee for nonresidents.

21  These fees must be collected as a component part of the

22  registration and tuition fees. For 1999-2000, each community

23  college is authorized to increase the sum of the matriculation

24  fee and technology fee by not more than 5 percent of the sum

25  of the matriculation and local safety and security fees in

26  1998-1999. However, no fee in 1999-2000 shall exceed the

27  prescribed statutory limit. Should a college decide to

28  increase the matriculation fee, the funds raised by increasing

29  the matriculation fee must be expended solely for additional

30  safety and security purposes and shall not supplant funding

31  

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  1  expended in the 1998-1999 budget for safety and security

  2  purposes.

  3         (5)(8)  The sum of nonresident student matriculation

  4  and tuition fees must be sufficient to defray the full cost of

  5  each program. The annual fee increases for nonresident

  6  students established by the district board, in the absence of

  7  legislative action to the contrary in an appropriations act,

  8  may not exceed 25 percent.

  9         (6)(9)  The State Board of Education Community Colleges

10  shall adopt a rule specifying the definitions and procedures

11  to be used in the calculation of the percentage of cost paid

12  by students. The rule must provide for the calculation of the

13  full cost of educational programs based on the allocation of

14  all funds provided through the general current fund to

15  programs of instruction, and other activities as provided in

16  the annual expenditure analysis. The rule shall be developed

17  in consultation with the Legislature.

18         (7)(10)  Each community college district board of

19  trustees may establish a separate activity and service fee not

20  to exceed 10 percent of the matriculation fee, according to

21  rules of the State Board of Education. The student activity

22  and service fee shall be collected as a component part of the

23  registration and tuition fees. The student activity and

24  service fees shall be paid into a student activity and service

25  fund at the community college and shall be expended for lawful

26  purposes to benefit the student body in general. These

27  purposes include, but are not limited to, student publications

28  and grants to duly recognized student organizations, the

29  membership of which is open to all students at the community

30  college without regard to race, sex, or religion.

31  

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  1         (8)(11)(a)  Each community college must establish a

  2  financial aid fee not less than 5 percent of the matriculation

  3  fee. is authorized to establish a separate fee for financial

  4  aid purposes in an additional amount up to, but not to exceed,

  5  5 percent of the total student tuition or matriculation fees

  6  collected.  Each community college may collect up to an

  7  additional 2 percent if the amount generated by the total

  8  financial aid fee is less than $250,000. If the amount

  9  generated by this financial aid fee is less than $250,000, a

10  community college that charges tuition and matriculation fees

11  at least equal to the average fees established by rule may

12  transfer from the general current fund to the scholarship fund

13  an amount equal to the difference between $250,000 and the

14  amount generated by the total financial aid fee assessment. No

15  other transfer from the general current fund to the loan,

16  endowment, or scholarship fund, by whatever name known, is

17  authorized.

18         (b)  All funds collected under this program shall be

19  placed in the loan and endowment fund or scholarship fund of

20  the college, by whatever name known. Such funds shall be

21  disbursed to students as quickly as possible.  An amount not

22  greater than 40 percent of the fees collected in a fiscal year

23  may be carried forward unexpended to the following fiscal

24  year.  However, funds collected prior to July 1, 1989, and

25  placed in an endowment fund may not be considered part of the

26  balance of funds carried forward unexpended to the following

27  fiscal year.

28         (c)  Up to 25 percent or $300,000, whichever is

29  greater, of the financial aid fees collected may be used to

30  assist students who demonstrate academic merit; who

31  participate in athletics, public service, cultural arts, and

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  1  other extracurricular programs as determined by the

  2  institution; or who are identified as members of a targeted

  3  gender or ethnic minority population. The financial aid fee

  4  revenues allocated for athletic scholarships and fee

  5  exemptions provided pursuant to subsection (12) (17) for

  6  athletes shall be distributed equitably as required by s.

  7  228.2001(3)(d).  A minimum of 50 percent of the balance of

  8  these funds shall be used to provide financial aid based on

  9  absolute need, and the remainder of the funds shall be used

10  for academic merit purposes and other purposes approved by the

11  district boards of trustees.  Such other purposes shall

12  include the payment of child care fees for students with

13  financial need. The State Board of Education Community

14  Colleges shall develop criteria for making financial aid

15  awards.  Each college shall report annually to the Department

16  of Education on the criteria used to make awards, the amount

17  and number of awards for each criterion, and a delineation of

18  the distribution of such awards. Awards which are based on

19  financial need shall be distributed in accordance with a

20  nationally recognized system of need analysis approved by the

21  State Board of Education Community Colleges. An award for

22  academic merit shall require a minimum overall grade point

23  average of 3.0 on a 4.0 scale or the equivalent for both

24  initial receipt of the award and renewal of the award.

25         (d)  These funds may not be used for direct or indirect

26  administrative purposes or salaries.

27         (e)  For fiscal year 2002-2003, each community college

28  district board of trustees shall establish a student financial

29  aid fee that will result in the collection of student

30  financial aid fee revenue at least equal to the amount

31  collected in fiscal year 2001-2002.

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  1         (9)(12)  Any community college that reports students

  2  who have not paid fees in an approved manner in calculations

  3  of full-time equivalent enrollments for state funding purposes

  4  shall be penalized at a rate equal to two times the value of

  5  such enrollments.  Such penalty shall be charged against the

  6  following year's allocation from the Community College Program

  7  Fund and shall revert to the General Revenue Fund.  The State

  8  Board of Education shall specify, as necessary, by rule,

  9  approved methods of student fee payment.  Such methods shall

10  include, but not be limited to, student fee payment; payment

11  through federal, state, or institutional financial aid; and

12  employer fee payments.  A community college may not charge any

13  fee except as authorized by law or rules of the State Board of

14  Education.

15         (10)(13)  Each community college shall report only

16  those students who have actually enrolled in instruction

17  provided or supervised by instructional personnel under

18  contract with the community college in calculations of actual

19  full-time equivalent enrollments for state funding purposes.

20  No student who has been exempted from taking a course or who

21  has been granted academic or vocational credit through means

22  other than actual coursework completed at the granting

23  institution shall be calculated for enrollment in the course

24  from which he or she has been exempted or granted credit.

25  Community colleges that report enrollments in violation of

26  this subsection shall be penalized at a rate equal to two

27  times the value of such enrollments. Such penalty shall be

28  charged against the following year's allocation from the

29  Community College Program Fund and shall revert to the General

30  Revenue Fund.

31  

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  1         (11)(14)  Each community college district board of

  2  trustees may establish a separate fee for capital

  3  improvements, technology enhancements, or equipping student

  4  buildings which may not exceed $1 per credit hour or

  5  credit-hour equivalent for residents and which equals or

  6  exceeds $3 per credit hour for nonresidents. Funds collected

  7  by community colleges through these fees may be bonded only

  8  for the purpose of financing or refinancing new construction

  9  and equipment, renovation, or remodeling of educational

10  facilities. The fee shall be collected as a component part of

11  the registration and tuition fees, paid into a separate

12  account, and expended only to construct and equip, maintain,

13  improve, or enhance the educational facilities of the

14  community college. Capital projects funded through the use of

15  the capital improvement fee shall meet the survey and

16  construction requirements of chapter 235. Pursuant to s.

17  216.0158, each community college shall identify each project,

18  including maintenance projects, proposed to be funded in whole

19  or in part by such fee. Capital improvement fee revenues may

20  be pledged by a board of trustees as a dedicated revenue

21  source to the repayment of debt, including lease-purchase

22  agreements and revenue bonds, with a term not to exceed 20

23  years, and not to exceed the useful life of the asset being

24  financed, only for the new construction and equipment,

25  renovation, or remodeling of educational facilities. Community

26  colleges may use the services of the Division of Bond Finance

27  of the State Board of Administration to issue any bonds

28  authorized through the provisions of this subsection. Any such

29  bonds issued by the Division of Bond Finance shall be in

30  compliance with the provisions of the State Bond Act. Bonds

31  issued pursuant to the State Bond Act shall be validated in

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  1  the manner provided by chapter 75. The complaint for such

  2  validation shall be filed in the circuit court of the county

  3  where the seat of state government is situated, the notice

  4  required to be published by s. 75.06 shall be published only

  5  in the county where the complaint is filed, and the complaint

  6  and order of the circuit court shall be served only on the

  7  state attorney of the circuit in which the action is pending.

  8  A maximum of 15 cents per credit hour may be allocated from

  9  the capital improvement fee for child care centers conducted

10  by the community college.

11         (12)(15)  In addition to matriculation, tuition,

12  financial aid, capital improvement, and student activity and

13  service, and technology fees authorized in this section, each

14  board of trustees is authorized to establish fee schedules for

15  the following user fees and fines: laboratory fees; parking

16  fees and fines; library fees and fines; fees and fines

17  relating to facilities and equipment use or damage; access or

18  identification card fees; duplicating, photocopying, binding,

19  or microfilming fees; standardized testing fees; diploma

20  replacement fees; transcript fees; application fees;

21  graduation fees; transportation fees; and late fees related to

22  registration and payment. Such user fees and fines shall not

23  exceed the cost of the services provided and shall only be

24  charged to persons receiving the service. Community colleges

25  are not authorized to charge any fee that is not specifically

26  authorized by statute. Parking fee revenues may be pledged by

27  a community college board of trustees as a dedicated revenue

28  source for the repayment of debt, including lease-purchase

29  agreements and revenue bonds with terms not exceeding 20 years

30  and not exceeding the useful life of the asset being financed.

31  Community colleges shall use the services of the Division of

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  1  Bond Finance of the State Board of Administration to issue any

  2  revenue bonds authorized by the provisions of this subsection.

  3  Any such bonds issued by the Division of Bond Finance shall be

  4  in compliance with the provisions of the State Bond Act. Bonds

  5  issued pursuant to the State Bond Act shall be validated in

  6  the manner established in chapter 75. The complaint for such

  7  validation shall be filed in the circuit court of the county

  8  where the seat of state government is situated, the notice

  9  required to be published by s. 75.06 shall be published only

10  in the county where the complaint is filed, and the complaint

11  and order of the circuit court shall be served only on the

12  state attorney of the circuit in which the action is pending.

13         (16)  Each community college district board of trustees

14  is authorized to establish a separate fee for technology,

15  which may not exceed $1.80 per credit hour or credit-hour

16  equivalent for resident students and not more than $5.40 per

17  credit hour or credit-hour equivalent for nonresident

18  students, to be expended according to technology improvement

19  plans. The technology fee may apply to both college credit and

20  college-preparatory instruction. Fifty percent of technology

21  fee revenues may be pledged by a community college board of

22  trustees as a dedicated revenue source for the repayment of

23  debt, including lease-purchase agreements, not to exceed the

24  useful life of the asset being financed. Revenues generated

25  from the technology fee may not be bonded.

26         (12)(17)  Each community college is authorized to grant

27  student fee exemptions from all fees adopted by the State

28  Board of Education Community Colleges and the community

29  college board of trustees for up to 40 full-time equivalent

30  students at each institution.

31  

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  1         Section 139.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.353,

  3  Florida Statutes, shall not stand repealed January 7, 2003, as

  4  scheduled by that law, but that section is reenacted to read:

  5         240.353  Procedure for determining number of

  6  instruction units for community colleges.--The number of

  7  instruction units for community colleges in districts which

  8  meet the requirements of law for operating a community college

  9  shall be determined from the full-time equivalent students in

10  the community college, provided that full-time equivalent

11  students may not be counted more than once in determining

12  instruction units. Instruction units for community colleges

13  shall be computed as follows:

14         (1)  One unit for each 12 full-time equivalent students

15  at a community college for the first 420 students and one unit

16  for each 15 full-time equivalent students for all over 420

17  students, in other than vocational programs as defined by

18  rules of the State Board of Education, and one unit for each

19  10 full-time equivalent students in vocational programs and

20  compensatory education programs as defined by rules of the

21  State Board of Education.  Full-time equivalent students

22  enrolled in a community college shall be defined by rules of

23  the State Board of Education.

24         (2)  For each 8 instruction units in a community

25  college, 1 instruction unit or proportionate fraction of a

26  unit shall be allowed for administrative and special

27  instructional services, and for each 20 instruction units, 1

28  instruction unit or proportionate fraction of a unit shall be

29  allowed for student personnel services.

30         Section 140.  Notwithstanding subsection (7) of section

31  3 of chapter 2000-321, Laws of Florida, section 240.3575,

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  1  Florida Statutes, shall not stand repealed January 7, 2003, as

  2  scheduled by that law, but that section is reenacted and

  3  amended to read:

  4         240.3575  Economic development centers.--

  5         (1)  Community colleges may establish economic

  6  development centers for the purpose of serving as liaisons

  7  between community colleges and the business sector.  The

  8  responsibilities of each center shall include:

  9         (a)  Promoting the economic well-being of businesses

10  and industries.

11         (b)  Coordinating, with chambers of commerce,

12  government agencies, school boards, and other organizations,

13  efforts to provide educational programs which promote economic

14  development, including, but not limited to, business

15  incubators, industrial development and research parks,

16  industry recruitment efforts, publication of business research

17  and resource guides, and sponsorship of workshops,

18  conferences, seminars, and consultation services.

19         (2)  The district board of trustees of a community

20  college in which an economic development center is created, or

21  its designee, may negotiate, enter into, and execute

22  contracts; solicit and accept grants and donations; and fix

23  and collect fees, other payments, and donations that may

24  accrue by reason of activities of the center and its staff.

25         (3)  Economic development centers shall operate under

26  policies and procedures established by the community college

27  district board of trustees.

28         (4)  The State Board of Education Community Colleges

29  may award grants to economic development centers for the

30  purposes of this section in accordance with its rules. Grants

31  awarded pursuant to this subsection shall be in accordance

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  1  with rules established by the State Board of Community

  2  Colleges.

  3         Section 141.  Notwithstanding subsection (7) of section

  4  3 of chapter 2000-321, Laws of Florida, section 240.359,

  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         240.359  Procedure for determining state financial

  9  support and annual apportionment of state funds to each

10  community college district.--The procedure for determining

11  state financial support and the annual apportionment to each

12  community college district authorized to operate a community

13  college under the provisions of s. 240.313 shall be as

14  follows:

15         (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE

16  COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING

17  PROGRAM.--

18         (a)  The Department of Education shall determine

19  annually from an analysis of operating costs, prepared in the

20  manner prescribed by rules of the State Board of Education,

21  the costs per full-time equivalent student served in courses

22  and fields of study offered in community colleges.  This

23  information and current college operating budgets shall be

24  submitted to the Executive Office of the Governor with the

25  legislative budget request prior to each regular session of

26  the Legislature.

27         (b)  The allocation of funds for community colleges

28  shall be based on advanced and professional disciplines,

29  college-preparatory programs, and other programs for adults

30  funded pursuant to s. 239.115.

31  

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  1         (c)  The category of lifelong learning is for students

  2  enrolled pursuant to s. 239.301.  A student shall also be

  3  reported as a lifelong learning student for his or her

  4  enrollment in any course that he or she has previously taken,

  5  unless it is a credit course in which the student earned a

  6  grade of D or F.

  7         (d)  If an adult student has been determined to be a

  8  disabled student eligible for an approved educational program

  9  for disabled adults provided pursuant to s. 239.301 and rules

10  of the State Board of Education and is enrolled in a class

11  with curriculum frameworks developed for the program, state

12  funding for that student shall be provided at a level double

13  that of a student enrolled in a special adult general

14  education program provided by a community college.

15         (d)(e)  The State Board of Education shall adopt rules

16  to implement s. 9(d)(8)f., Art. XII of the State Constitution.

17  These rules shall provide for the use of the funds available

18  under s. 9(d)(8)f., Art. XII by an individual community

19  college for operating expense in any fiscal year during which

20  the State Board of Education has determined that all major

21  capital outlay needs have been met.  Highest priority for the

22  use of these funds for purposes other than financing approved

23  capital outlay projects shall be for the proper maintenance

24  and repair of existing facilities for projects approved by the

25  State Board of Education. However, in any fiscal year in which

26  funds from this source are authorized for operating expenses

27  expense other than approved maintenance and repair projects,

28  the allocation of community college program funds shall be

29  reduced by an amount equal to the sum used for such operating

30  expenses expense for that community college that year, and

31  

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  1  that amount shall not be released or allocated among the other

  2  community colleges that year.

  3         (2)  DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL

  4  OUTLAY AND DEBT SERVICE.--The amount included for capital

  5  outlay and debt service shall be as determined and provided in

  6  s. 18, Art. XII of the State Constitution of 1885, as adopted

  7  by s. 9(d), Art. XII of the 1968 revised State Constitution

  8  and State Board of Education rules.

  9         (3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.--

10         (a)  By December 15 of each year, the Department of

11  Education shall estimate the annual enrollment of each

12  community college for the current fiscal year and for the 6

13  subsequent fiscal years.  These estimates shall be based upon

14  prior years' enrollments, upon the initial fall term

15  enrollments for the current fiscal year for each college, and

16  upon each community college's estimated current enrollment and

17  demographic changes in the respective community college

18  districts.

19         (b)  The apportionment to each community college from

20  the Community College Program Fund shall be determined

21  annually in the General Appropriations Act.  In determining

22  each college's apportionment, the Legislature shall consider

23  the following components:

24         1.  Base budget, which includes the state appropriation

25  to the Community College Program Fund in the current year plus

26  the related student matriculation and tuition fees assigned in

27  the current General Appropriations Act.

28         2.  The cost-to-continue allocation, which consists of

29  incremental changes to the base budget, including salaries,

30  price levels, and other related costs.

31  

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  1         3.  Enrollment workload adjustment, which shall be

  2  determined as follows:

  3         a.  The actual full-time equivalent enrollment for the

  4  prior year, as accepted or modified by the Legislature, shall

  5  be the assigned enrollment and the basis for allocating

  6  appropriated funds for enrollment workload.  If the enrollment

  7  workload allocation to a college is determined to be less than

  8  zero, the reduction in allocation shall be implemented over a

  9  2-year period.

10         b.  The systemwide average direct instructional cost

11  level of each program of study shall be used to calculate the

12  enrollment workload adjustment.  This amount, multiplied by a

13  factor of 1.3, for support services shall be multiplied by the

14  change in enrollment as determined in sub-subparagraph a.

15  From this amount, student matriculation and tuition fees

16  generated by the change in assigned enrollment shall be

17  deducted and the remaining amount shall be the state

18  allocation to each community college for enrollment workload.

19         c.  Students enrolled in a recreation and leisure

20  program and students enrolled in a lifelong learning program

21  may not be counted as full-time equivalent enrollments for

22  purposes of enrollment workload adjustments.

23         4.  Operating costs of new facilities adjustments,

24  which shall be provided, from funds available, for each new

25  facility that is owned by the community college and is

26  recommended in accordance with s. 235.15.

27         5.  New and improved program enhancements, which shall

28  be determined by the Legislature.

29  

30  Student fees in the base budget plus student fee revenues

31  generated by increases in fee rates shall be deducted from the

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  1  sum of the components determined in subparagraphs 1.-5. The

  2  amount remaining shall be the net annual state apportionment

  3  to each community college.

  4         (c)  No community college shall commit funds for the

  5  employment of personnel or resources in excess of those

  6  required to continue the same level of support for either the

  7  previously approved enrollment or the revised enrollment,

  8  whichever is lower.

  9         (d)  The apportionment to each community college

10  district for capital outlay and debt service shall be the

11  amount determined in accordance with subsection (2). This

12  amount, less any amount determined as necessary for

13  administrative expense by the State Board of Education and any

14  amount necessary for debt service on bonds issued by the State

15  Board of Education, shall be transmitted to the community

16  college district board of trustees to be expended in a manner

17  prescribed by rules of the State Board of Education.

18         (e)  Community colleges shall seek to maintain an

19  unencumbered fund balance of between 4 percent and 10 percent

20  of the funds available in the current general fund of the

21  operating budget.  If the 10-percent upper level is exceeded

22  for 2 consecutive years, the appropriation to the community

23  college in a succeeding fiscal year shall be reduced by the

24  average of the excess of the fund balance over the 10 percent

25  for the 2 years.  In exceptional cases, when fund balances

26  greater than 10 percent are necessary for a community college,

27  prior approval shall be obtained from the State Board of

28  Education Community Colleges.

29         (f)  Expenditures for apprenticeship programs shall be

30  reported separately.

31  

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  1         (4)  EXPENDITURE OF ALLOCATED FUNDS.--Any funds

  2  allocated herein to any district for a public community

  3  college shall be expended only for the purpose of supporting

  4  that community college.

  5         (5)  REPORT OF REMEDIAL EDUCATION.--Each community

  6  college shall report the volume and cost of remedial education

  7  activities as a separate item in its annual cost accounting

  8  system.

  9         Section 142.  Notwithstanding subsection (7) of section

10  3 of chapter 2000-321, Laws of Florida, section 240.36,

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         240.36  Dr. Philip Benjamin Matching Grant Academic

15  Improvement Program for Community Colleges.--

16         (1)  There is created the Dr. Philip Benjamin Matching

17  Grant Academic Improvement Program for Community Colleges as a

18  single matching gifts program that encompasses the goals

19  originally set out in the Academic Improvement Program, the

20  Scholarship Matching Program, and the Health Care Education

21  Quality Enhancement Challenge Grant. The program shall to be

22  administered according to rules of the State Board of

23  Education and Community Colleges. This program shall be used

24  to encourage private support in enhancing public community

25  colleges by providing the community college system with the

26  opportunity to receive and match challenge grants.

27         (2)  Each district board of trustees and respective

28  college president receiving state appropriations under this

29  program shall approve each gift to ensure alignment with the

30  unique institutional mission of the community college.

31  Institutions must link all requests for a state match to the

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  1  goals and mission statement. The Florida Community College

  2  Foundation Board and the Director of the Division of Community

  3  Colleges receiving state appropriations under this program

  4  shall approve each gift to ensure alignment with its goals and

  5  mission statement. For every year in which there is a

  6  legislative appropriation to the program, no less than $25,000

  7  must be reserved to permit each community college and the

  8  State Board of Community Colleges, which shall be an eligible

  9  community college entity for the purposes of this section, an

10  opportunity to match challenge grants. The balance of the

11  funds shall be available for matching by any eligible

12  community college entity. Funds which remain unmatched by

13  contribution on March 1 of any year shall also be available

14  for matching by any community college entity. The State Board

15  of Community Colleges shall adopt rules providing all

16  community college entities with an opportunity to apply for

17  excess funds prior to the awarding of such funds. However, no

18  community college may receive more than its percentage of the

19  total full-time equivalent enrollment or 15 percent, whichever

20  is greater, of the funds appropriated to the program for that

21  fiscal year and, likewise, the State Board of Community

22  Colleges may not receive more than 15 percent of the funds

23  appropriated to the program for that fiscal year. A community

24  college entity shall place all funds it receives in excess of

25  the first challenge grant and its matching funds in its

26  endowment fund and only the earnings on that amount may be

27  spent for approved projects. A community college entity may

28  spend the first challenge grant and its matching funds as cash

29  for any approved project, except scholarships. If a community

30  college entity proposes to use any amount of the grant or the

31  matching funds for scholarships, it must deposit that amount

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  1  in its endowment in its academic improvement trust fund and

  2  use the earnings of the endowment to provide scholarships.

  3         (3)  Upon approval by the institutional board and the

  4  state Board of Education, the ordering of donations for

  5  priority listing of unmatched gifts should be determined by

  6  the submitting institution. Challenge grants shall be

  7  proportionately allocated from the program on the basis of

  8  matching each $4 of state funds with $6 of local or private

  9  funds. To be eligible, a minimum of $4,500 must be raised from

10  private sources.

11         (4)  Each year, eligible contributions received by a

12  college's foundation or the State Board of Education by

13  February 1 shall be eligible for state matching funds.

14         (a)  Each district board of trustees and respective

15  college president or, when applicable, the Florida Community

16  College Foundation Board receiving state appropriations under

17  this program shall also certify in an annual report to the

18  State Board of Education the receipt of eligible cash

19  contributions that were previously unmatched by the state. The

20  State Board of Education shall adopt rules providing all

21  community college entities with an opportunity to apply for

22  excess funds before the awarding of such funds.

23         (b)  Institutions must submit to the State Board of

24  Education an annual expenditure report tracking the use of all

25  matching funds.

26         (c)  The audit of each foundation receiving state funds

27  from this program must include a certification of accuracy in

28  the amount reported for matching funds.

29         (5)  Funds shall be proportionately allocated to the

30  colleges on the basis of matching each $4 of state funds with

31  $6 of local or private funds, except for donations received

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  1  for scholarships, loans, or need-based grants. For all

  2  scholarships, loans, or need-based grants, the matching ratio

  3  shall be $1 of state funds to $1 of local private funds. The

  4  determination of whether the need-based scholarships and

  5  scholarships that are not need-based awarded through the

  6  combined program are endowed should be left to the

  7  institutions.

  8         (6)(a)(4)  Funds sufficient to provide the match shall

  9  be transferred from the state appropriation to the local

10  community college foundation or the statewide community

11  college foundation upon notification that a proportionate

12  amount has been received and deposited by the community

13  college entity in its own trust fund.

14         (b)  If state funds appropriated for the program are

15  insufficient to match contributions, the amount allocated

16  shall be reduced in proportion to its share of the total

17  eligible contributions. However, in making proportional

18  reductions, every college shall receive a minimum of $75,000

19  in state matching funds if its eligible contributions would

20  have generated an amount at least equal to $75,000. All unmet

21  contributions shall be eligible for state matching funds in

22  subsequent fiscal years.

23         (7)(5)  Each community college entity shall establish

24  its own matching grant program academic improvement trust fund

25  as a depository for the private contributions and matching

26  state funds provided under this section. The foundations of

27  the community college entities are responsible for the

28  maintenance, investment, and administration of their matching

29  grant program academic improvement trust funds.

30         (8)  The Division of Community Colleges may receive

31  submissions of requests for matching funds and documentation

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  1  relating to those requests, may approve requests for matching

  2  funds, and may allocate such funds to the community colleges.

  3         (9)(6)(a)  Each community college district The board of

  4  trustees and the State Board of Education shall determine of

  5  the community college and the State Board of Community

  6  Colleges are responsible for determining the uses for the

  7  proceeds of their respective trust funds. Such uses of the

  8  proceeds shall include, but not be limited to, expenditure of

  9  the funds for:

10         (a)1.  Scientific and technical equipment.

11         (b)2.  Other activities that will benefit future

12  students as well as students currently enrolled at the

13  community college; and that will improve the quality of

14  education at the community college or in the community college

15  system; and will enhance economic development in the

16  community.

17         (c)3.  Scholarships, loans, or need-based grants.

18         (b)  If a community college includes scholarships,

19  loans, or need-based grants in its proposal, it shall create

20  an endowment in its academic improvement trust fund and use

21  the earnings of the endowment to provide scholarships, loans,

22  or need-based grants.

23         (c)  Proposals for use of the trust fund shall be

24  submitted to the State Board of Community Colleges for

25  approval. Any proposal not acted upon in 60 days shall be

26  considered not approved.

27         (7)  The State Board of Community Colleges shall

28  establish rules to provide for the administration of this

29  program. Such rules shall establish the minimum challenge

30  grant reserved for each community college entity and the

31  maximum amount which a community college entity may receive

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  1  from a legislative appropriation in any fiscal year in

  2  accordance with the provisions of the General Appropriations

  3  Act.

  4         Section 143.  Notwithstanding subsection (7) of section

  5  3 of chapter 2000-321, Laws of Florida, section 240.361,

  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         240.361  Budgets for community colleges.--The president

10  of each community college shall recommend to the district

11  board of trustees a budget of income and expenditures at such

12  time and in such form as the state board may prescribe. Upon

13  approval of a budget by the district board of trustees, such

14  budget shall be transmitted to the Division State Board of

15  Community Colleges and the Department of Education for review

16  and approval. Rules and regulations of the State Board of

17  Education shall prescribe procedures for effecting budget

18  amendments subsequent to the final approval of a budget for a

19  given year.

20         Section 144.  Notwithstanding subsection (7) of section

21  3 of chapter 2000-321, Laws of Florida, section 240.363,

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         240.363  Financial accounting and expenditures.--All

26  funds accruing to a community college must be received,

27  accounted for, and expended in accordance with rules of the

28  State Board of Education Community Colleges. A direct-support

29  organization shall have sole responsibility for the acts,

30  debts, liabilities, and obligations of the organization. A

31  community college shall have no responsibility for such acts,

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  1  debts, liabilities, or obligations incurred or assumed by a

  2  direct-support organization solely by reason of certification.

  3  Each community college district board of trustees may adopt

  4  rules policies that provide procedures for transferring

  5  contributions made to the community college to the

  6  direct-support organization of that community college for

  7  administration by such organization contributions made to the

  8  community college.

  9         Section 145.  Notwithstanding subsection (7) of section

10  3 of chapter 2000-321, Laws of Florida, section 240.364,

11  Florida Statutes, shall not stand repealed January 7, 2003, as

12  scheduled by that law, but that section is reenacted to read:

13         240.364  Prohibited expenditures.--No community college

14  or direct-support organization shall expend any funds,

15  regardless of source, to purchase membership in, or goods and

16  services from, any organization which discriminates on the

17  basis of race, national origin, sex, or religion.

18         Section 146.  Notwithstanding subsection (7) of section

19  3 of chapter 2000-321, Laws of Florida, section 240.365,

20  Florida Statutes, shall not stand repealed January 7, 2003, as

21  scheduled by that law, but that section is reenacted to read:

22         240.365  Delinquent accounts.--

23         (1)  The district board of trustees shall exert every

24  effort to collect all delinquent accounts.

25         (2)  The district board of trustees is authorized to

26  charge off such accounts as may prove uncollectible in

27  accordance with rules and regulations of the state board.

28         (3)  The district board of trustees is authorized to

29  employ the services of a collection agency when deemed

30  advisable in collecting delinquent accounts.

31  

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  1         Section 147.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.367,

  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         240.367  Current loans to community college district

  7  boards of trustees.--

  8         (1)  At any time the current funds on hand are

  9  insufficient to pay obligations created by the district board

10  of trustees of any community college district in accordance

11  with the approved budget of the community college, the

12  district board of trustees may request approval by the

13  Commissioner of Education of a proposal to negotiate a current

14  loan, with provisions for the repayment of such loan during

15  the fiscal year in which the loan is made, in order to meet

16  these obligations.

17         (2)  The State Board of Education department shall

18  approve such proposal when, in its opinion, the proposal is

19  reasonable and just, the expenditure is necessary, and

20  revenues sufficient to meet the requirements of the loan can

21  reasonably be anticipated.

22         Section 148.  Notwithstanding subsection (7) of section

23  3 of chapter 2000-321, Laws of Florida, section 240.369,

24  Florida Statutes, shall not stand repealed January 7, 2003, as

25  scheduled by that law, but that section is reenacted to read:

26         240.369  Exemption from county civil service

27  commissions.--

28         (1)  Any community college located in a county which

29  has either a budget commission or a civil service commission

30  is exempt from the regulation, supervision, and control of any

31  such commission.

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  1         (2)  Any general or special law conflicting with this

  2  section is repealed to the extent that said law conflicts with

  3  this section.

  4         Section 149.  Notwithstanding subsection (7) of section

  5  3 of chapter 2000-321, Laws of Florida, section 240.371,

  6  Florida Statutes, shall not stand repealed January 7, 2003, as

  7  scheduled by that law, but that section is reenacted to read:

  8         240.371  Transfer of benefits arising under local or

  9  special acts.--All local or special acts in force on July 1,

10  1968, which provide benefits for a community college through a

11  school board shall continue in full force and effect, and such

12  benefits shall be transmitted to the community college

13  district board of trustees.

14         Section 150.  Notwithstanding subsection (7) of section

15  3 of chapter 2000-321, Laws of Florida, section 240.375,

16  Florida Statutes, shall not stand repealed January 7, 2003, as

17  scheduled by that law, but that section is reenacted and

18  amended to read:

19         240.375  Payment of costs of civil actions against

20  officers, employees, or agents of district board of

21  trustees.--Whenever any civil action has been brought against

22  any officer of the district board of trustees, including a

23  board member, or any person employed by or agent of the

24  district board of trustees, of any public community college

25  for any act or omission arising out of and in the course of

26  the performance of his or her duties and responsibilities, the

27  district board of trustees may defray all costs of defending

28  such action, including reasonable attorney's fees and expenses

29  together with costs of appeal, if any, and may save harmless

30  and protect such person from any financial loss resulting

31  therefrom; and the board of trustees is authorized to be

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  1  self-insured, to enter into risk management programs, or to

  2  purchase insurance for whatever coverage it may choose, or to

  3  have any combination thereof, to cover all such losses and

  4  expenses. However, any attorney's fees paid from public funds

  5  for any officer, employee, or agent who is found to be

  6  personally liable by virtue of acting outside the scope of his

  7  or her employment or acting in bad faith, with malicious

  8  purpose, or in a manner exhibiting wanton and willful

  9  disregard of human rights, safety, or property may be

10  recovered by the state, county, municipality, or political

11  subdivision in a civil action against such officer, employee,

12  or agent. Failure by a district board of trustees to perform

13  any act authorized by this section shall not constitute a

14  cause of action against the community college or its trustees,

15  officers, employees, agents, or members.

16         Section 151.  Notwithstanding subsection (7) of section

17  3 of chapter 2000-321, Laws of Florida, section 240.376,

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         240.376  Provisions for the protection of property by

22  district boards of trustees.--The district boards of trustees

23  shall be responsible for managing and protecting real and

24  personal property acquired or held in trust for use by and for

25  the benefit of such community college. To that end, any board

26  is authorized to be self-insured, to enter into risk

27  management programs, or to purchase insurance for whatever

28  coverage it may choose, or to have any combination thereof, in

29  anticipation of any loss, damage, or destruction.

30         Section 152.  Notwithstanding subsection (7) of section

31  3 of chapter 2000-321, Laws of Florida, section 240.3763,

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  1  Florida Statutes, shall not stand repealed January 7, 2003, as

  2  scheduled by that law, but that section is reenacted and

  3  amended to read:

  4         240.3763  Expenditures for self-insurance services;

  5  special account.--

  6         (1)  The district boards of trustees, singly or

  7  collectively, may are authorized to contract with an

  8  administrator or service company approved by the Department of

  9  Insurance pursuant to chapter 626 to provide self-insurance

10  services, including, but not limited to, the evaluation,

11  settlement, and payment of self-insurance claims on behalf of

12  the district board or a consortium of boards.

13         (2)  Pursuant to such a contract, a district board may

14  advance money to the administrator or service company to be

15  deposited in a special account for paying claims against the

16  board under its self-insurance program. The special account

17  shall be maintained in a designated depository as provided by

18  s. 136.01. The district board may replenish such account as

19  often as necessary upon the presentation by the administrator

20  or service company of documentation for claims paid in an

21  amount equal to the amount of the requested reimbursement. Any

22  contract for disbursement of funds from the special account

23  shall ensure that the payments are subject to proper

24  disbursement controls and accounting procedures.

25         Section 153.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.377,

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         240.377  Promotion and public relations funding.--Each

31  community college district board of trustees may is authorized

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  1  to budget and use a portion of the funds accruing to it from

  2  auxiliary enterprises and undesignated gifts for promotion and

  3  public relations as prescribed by rules regulations of the

  4  State Board of Education. Such funds may be used to provide

  5  expenditures for hospitality of business guests at the

  6  community college or elsewhere. However, such hospitality

  7  expenses may not exceed the amount authorized for such

  8  contingency fund as prescribed by rules of the State Board of

  9  Education.

10         Section 154.  Notwithstanding subsection (7) of section

11  3 of chapter 2000-321, Laws of Florida, section 240.379,

12  Florida Statutes, shall not stand repealed January 7, 2003, as

13  scheduled by that law, but that section is reenacted to read:

14         240.379  Certain chapters inapplicable to community

15  colleges.--Chapters 231, 233, 234, 236, and 237 are not

16  applicable to community colleges, except for those sections

17  specifically referred to in this part and in the State Board

18  of Education rules.

19         Section 155.  Notwithstanding subsection (7) of section

20  3 of chapter 2000-321, Laws of Florida, section 240.38,

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         240.38  Community college police.--

25         (1)  As used in this section, the term "campus" means

26  any property or facilities of the community college or any

27  direct support organization certified by the community

28  college.

29         (2)(1)  Each community college may is permitted and

30  empowered to employ police officers for the community college,

31  who must be designated community college police.

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  1         (3)(2)  Each community college police officer is a law

  2  enforcement officer of the state and a conservator of the

  3  peace who has the authority to arrest, in accordance with the

  4  laws of this state, any person for a violation of state law or

  5  applicable county or municipal ordinance if that violation

  6  occurs on or in any property or facilities of the community

  7  college by which he or she is employed.  A community college

  8  police officer may also arrest a person off campus for a

  9  violation committed on campus after a hot pursuit of that

10  person which began on campus.  A community college police

11  officer may bear arms in the performance of his or her duties

12  and carry out a search pursuant to a search warrant on the

13  campus where he or she is employed. Community college police,

14  upon request of the sheriff or local police authority, may

15  serve subpoenas or other legal process and may make arrests of

16  persons against whom arrest warrants have been issued or

17  against whom charges have been made for violations of federal

18  or state laws or county or municipal ordinances.

19         (4)(3)  Community college police shall promptly deliver

20  all persons arrested and charged with felonies to the sheriff

21  of the county within which the community college is located

22  and all persons arrested and charged with misdemeanors to the

23  applicable authority as provided by law, but otherwise to the

24  sheriff of the county in which the community college is

25  located.

26         (5)(4)  Community college police must meet the minimum

27  standards established by the Police Standards and Training

28  Commission of the Department of Law Enforcement and chapter

29  943 for law enforcement officers. Each community college

30  police officer must, before entering into the performance of

31  his or her duties, take the oath of office established by the

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  1  community college. Each community college that employs police

  2  officers may obtain and approve a bond on each police officer,

  3  conditioned upon the officer's faithful performance of his or

  4  her duties, which bond must be payable to the Governor. The

  5  community college may determine the amount of the bond. In

  6  determining the amount of the bond, the community college may

  7  consider the amount of money or property likely to be in the

  8  custody of the officer at any one time.  The community college

  9  shall provide a uniform set of identifying credentials to each

10  community college police officer it employs.

11         (6)(5)  In performance of any of the powers, duties,

12  and functions authorized by law, community college police have

13  the same rights, protections, and immunities afforded other

14  law enforcement officers.

15         (6)  The community college, with the approval of the

16  Department of Law Enforcement, shall adopt rules, including,

17  without limitation, rules for the appointment, employment, and

18  removal of community college police in accordance with the

19  state Career Service System and shall establish in writing a

20  policy manual, that includes, without limitation, procedures

21  for managing routine law enforcement situations and emergency

22  law enforcement situations. The community college shall

23  furnish a copy of the policy manual to each of the police

24  officers it employs.

25         Section 156.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.3815,

27  Florida Statutes, shall not stand repealed January 7, 2003, as

28  scheduled by that law, but that section is reenacted to read:

29         240.3815  Report of campus crime statistics.--Each

30  community college shall prepare annually a report of

31  statistics of crimes committed on its campus for the preceding

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  1  3 years.  The community college shall give students and

  2  prospective students notice that this report is available upon

  3  request.

  4         Section 157.  Notwithstanding subsection (7) of section

  5  3 of chapter 2000-321, Laws of Florida, section 240.382,

  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         240.382  Establishment of child development training

10  centers at community colleges.--

11         (1)  The Legislature recognizes the importance of

12  preschool developmental education and the need for adult

13  students with limited economic resources to have access to

14  high-quality, affordable child care at variable hours for

15  their children. It is therefore the intent of the Legislature

16  that community colleges provide high-quality, affordable child

17  care to the children of adult students enrolled in community

18  colleges. The primary purpose of these child development

19  training centers is to provide affordable child care for

20  children of adult students, particularly those who demonstrate

21  financial need, as well as for employees and staff of the

22  institution. Further, the child development training centers

23  are intended to provide both preschool instruction to the

24  children and clinical experiences for prospective child care

25  and early childhood instructional and administrative

26  personnel. A secondary mission of the centers shall be to

27  provide instruction in parenting skills for the clients of the

28  center as well as for the community.

29         (2)  In consultation with the student government

30  association or a recognized student group representing the

31  student body, the district board of trustees of any community

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  1  college may establish a child development training center in

  2  accordance with this section. Each child development training

  3  center shall be a child care center established to provide

  4  child care during the day and at variable hours, including

  5  evenings and weekends, for the children of students. Emphasis

  6  should be placed on serving students who demonstrate financial

  7  need as defined by the district board of trustees. At least 50

  8  percent of the child care slots must be made available to

  9  students, and financially needy students, as defined by the

10  district board of trustees, shall receive child care slots

11  first. The center may serve the children of staff, employees,

12  and faculty; however, a designated number of child care slots

13  shall not be allocated for employees. Whenever possible, the

14  center shall be located on the campus of the community

15  college. However, the district board may elect to provide

16  child care services for students through alternative

17  mechanisms, which may include contracting with private

18  providers.

19         (3)  There shall be a board of directors of each child

20  development training center, consisting of the president or

21  his or her designee, the student government president or his

22  or her designee, the chair of the department participating in

23  the center or his or her designee, and one parent for each 25

24  children enrolled in the center, elected by the parents of the

25  children enrolled in the center. There shall be a director of

26  each center, selected by the board of directors of the center.

27  The director shall be an ex officio, nonvoting member of the

28  board. The district board of trustees shall establish local

29  policies and perform local oversight and operational guidance

30  for the center.

31  

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  1         (4)  Each center may charge fees for the care and

  2  services it provides. Each district board of trustees shall

  3  establish mechanisms to facilitate access to center services

  4  for students with financial need, which shall include a

  5  sliding fee scale and other methods adopted by the district

  6  board to reduce or defray payment of fees for students. The

  7  district board of trustees is authorized to seek and receive

  8  grants and other resources to support the operation of the

  9  child development center.

10         (5)  In addition to revenues derived from child care

11  fees charged to parents and other external resources, each

12  child development training center may be funded by a portion

13  of funds from the student activity and service fee authorized

14  by s. 240.35(6) s. 240.35(10) and the capital improvement fee

15  authorized by s. 240.35(10) s. 240.35(14). Community colleges

16  are authorized to transfer funds as necessary from the

17  community college's general fund to support the operation of

18  the child development training center.

19         (6)  This section does not preclude the continuation of

20  or in any way affect child care centers operated by community

21  colleges which were established by the district board of

22  trustees prior to July 1, 1994.

23         Section 158.  Notwithstanding subsection (7) of section

24  3 of chapter 2000-321, Laws of Florida, section 240.383,

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         240.383  State Community College System Facility

29  Enhancement Challenge Grant Program.--

30         (1)  The Legislature recognizes that the Florida

31  community colleges do College System does not have sufficient

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  1  physical facilities to meet the current demands of its

  2  instructional and community programs. It further recognizes

  3  that, to strengthen and enhance the Florida community colleges

  4  College System, it is necessary to provide facilities in

  5  addition to those currently available from existing revenue

  6  sources.  It further recognizes that there are sources of

  7  private support that, if matched with state support, can

  8  assist in constructing much needed facilities and strengthen

  9  the commitment of citizens and organizations in promoting

10  excellence throughout the state community colleges. Therefore,

11  it is the intent of the Legislature to establish a program to

12  provide the opportunity for each community college through its

13  direct-support organization to receive and match challenge

14  grants for instructional and community-related capital

15  facilities within the community college.

16         (2)  There is established the State Community College

17  System Facility Enhancement Challenge Grant Program for the

18  purpose of assisting the Florida community colleges College

19  System in building high priority instructional and

20  community-related capital facilities consistent with s.

21  240.301, including common areas connecting such facilities.

22  The direct-support organizations that serve the community

23  colleges shall solicit gifts from private sources to provide

24  matching funds for capital facilities. For the purposes of

25  this section, private sources of funds shall not include any

26  federal or state government funds that a community college may

27  receive.

28         (3)  The Community College Capital Facilities Matching

29  Program shall provide funds to match private contributions for

30  the development of high priority instructional and

31  community-related capital facilities, including common areas

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  1  connecting such facilities, within the Florida community

  2  colleges College System.

  3         (4)  Within the direct-support organization of each

  4  community college there must be established a separate capital

  5  facilities matching account for the purpose of providing

  6  matching funds from the direct-support organization's

  7  unrestricted donations or other private contributions for the

  8  development of high priority instructional and

  9  community-related capital facilities, including common areas

10  connecting such facilities.  The Legislature shall appropriate

11  funds for distribution to a community college after matching

12  funds are certified by the direct-support organization and

13  community college. The Public Education Capital Outlay and

14  Debt Service Trust Fund shall not be used as the source of the

15  state match for private contributions.

16         (5)  A project may not be initiated unless all private

17  funds for planning, construction, and equipping the facility

18  have been received and deposited in the direct-support

19  organization's matching account and the state's share for the

20  minimum amount of funds needed to begin the project has been

21  appropriated by the Legislature.  The Legislature may

22  appropriate the state's matching funds in one or more fiscal

23  years for the planning, construction, and equipping of an

24  eligible facility.  However, these requirements shall not

25  preclude the community college or direct-support organization

26  from expending available funds from private sources to develop

27  a prospectus, including preliminary architectural schematics

28  and and/or models, for use in its efforts to raise private

29  funds for a facility. Additionally, any private sources of

30  funds expended for this purpose are eligible for state

31  

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  1  matching funds should the project materialize as provided for

  2  in this section.

  3         (6)  To be eligible to participate in the State

  4  Community College System Facility Enhancement Challenge Grant

  5  Program, a community college, through its direct-support

  6  organization, shall raise a contribution equal to one-half of

  7  the total cost of a facilities construction project from

  8  private sources which shall be matched by a state

  9  appropriation equal to the amount raised for a facilities

10  construction project, subject to the General Appropriations

11  Act.

12         (7)  If the state's share of the required match is

13  insufficient to meet the requirements of subsection (6), the

14  community college shall renegotiate the terms of the

15  contribution with the donors.  If the project is terminated,

16  each private donation, plus accrued interest, reverts to the

17  direct-support organization for remittance to the donor.

18         (8)  By September 1 of each year, the director of the

19  Division of Community Colleges shall transmit to the

20  Legislature a list of projects which meet all eligibility

21  requirements to participate in the State Community College

22  System Facility Enhancement Challenge Grant Program and a

23  budget request which includes the recommended schedule

24  necessary to complete each project.

25         (9)  In order for a project to be eligible under this

26  program, it must be survey recommended under the provisions of

27  s. 235.15 and included in the Florida community college System

28  5-year capital improvement plan, and it must receive prior

29  approval from the State Board of Education Community Colleges.

30         (10)  A community college project may not be removed

31  from the approved 3-year PECO priority list because of its

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  1  successful participation in this program until approved by the

  2  Legislature and provided for in the General Appropriations

  3  Act. When such a project is completed and removed from the

  4  list, all other projects shall move up on the 3-year PECO

  5  priority list.

  6         (11)  Any project funds that are unexpended after a

  7  project is completed shall revert to the community college's

  8  direct-support organization capital facilities matching

  9  account.  Fifty percent of such unexpended funds shall be

10  reserved for the community college which originally received

11  the private contribution for the purpose of providing private

12  matching funds for future facility construction projects as

13  provided in this section.  The balance of such unexpended

14  funds shall be returned to the General Revenue Fund.

15         (12)  The surveys, architectural plans, facility, and

16  equipment shall be the property of the participating community

17  college. A facility constructed under this section may be

18  named in honor of a donor at the option of the community

19  college district board of trustees. A facility may not be

20  named after a living person without prior approval by the

21  State Board of Education Community Colleges.

22         Section 159.  Notwithstanding subsection (7) of section

23  3 of chapter 2000-321, Laws of Florida, section 240.3836,

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         240.3836  Site-determined baccalaureate degree

28  access.--

29         (1)  The Legislature recognizes that public and private

30  postsecondary education institutions play essential roles in

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

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  1  state and its residents. The Legislature also recognizes that

  2  economic development needs and the educational needs of

  3  place-bound, nontraditional students have increased the demand

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

  5  but not all, geographic regions, baccalaureate degree programs

  6  are being delivered successfully at the local community

  7  college through agreements between the community college and

  8  4-year postsecondary institutions within or outside of the

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

10  further expand access to baccalaureate degree programs through

11  the use of community colleges.

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

13  Florida Board of Education to offer a limited number of

14  baccalaureate degrees designed to meet local workforce needs

15  through one of the following processes:

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

17  agreement with the state university or college in its service

18  area for the community college to deliver specified

19  baccalaureate degree programs. The agreement must be submitted

20  to the State Florida Board of Education for approval. The

21  community college's proposal must include the following

22  information:

23         1.  Demand for the baccalaureate degree program is

24  identified by the workforce development board, local

25  businesses and industry, local chambers of commerce, and

26  potential students.

27         2.  Unmet need for graduates of the proposed degree

28  program is substantiated.

29         3.  The community college has the facilities and

30  academic resources to deliver the program.

31  

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  1  The proposal must be submitted to the Council for Education

  2  Policy Research and Improvement for review and comment. Upon

  3  approval of the State Florida Board of Education for the

  4  specific degree program or programs, the community college

  5  shall pursue regional accreditation by the Commission on

  6  Colleges of the Southern Association of Colleges and Schools.

  7  Any additional baccalaureate degree programs the community

  8  college wishes to offer must be approved by the State Florida

  9  Board of Education.

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

11  deliver specified baccalaureate degree programs in its

12  district. The proposal must be submitted to the State Florida

13  Board of Education for approval. The community college's

14  proposal must include the following information:

15         1.  Demand for the baccalaureate degree program is

16  identified by the workforce development board, local

17  businesses and industry, local chambers of commerce, and

18  potential students.

19         2.  Unmet need for graduates of the proposed degree

20  program is substantiated.

21         3.  The community college has the facilities and

22  academic resources to deliver the program.

23  

24  The proposal must be submitted to the Council for Education

25  Policy Research and Improvement for review and comment. Upon

26  approval of the State Florida Board of Education for the

27  specific degree program or programs, the community college

28  shall pursue regional accreditation by the Commission on

29  Colleges of the Southern Association of Colleges and Schools.

30  Any additional baccalaureate degree programs the community

31  

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  1  college wishes to offer must be approved by the State Florida

  2  Board of Education.

  3         (3)  A community college may not terminate its

  4  associate in arts or associate in science degree programs as a

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

  6  Legislature intends that the primary mission of a community

  7  college, including a community college that offers

  8  baccalaureate degree programs, continues to be the provision

  9  of associate degrees that provide access to a university or

10  college.

11         Section 160.  Notwithstanding subsection (7) of section

12  3 of chapter 2000-321, Laws of Florida, section 240.384,

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         240.384  Training school consolidation pilot

17  projects.--

18         (1)  ESTABLISHMENT.--To consolidate and more

19  efficiently use state and taxpayer resources by combining

20  training programs, pilot training centers are established to

21  provide public criminal justice training in Leon and St. Johns

22  Counties. The following pilot training centers are

23  established:

24         (a)  The Pat Thomas Center at Tallahassee Community

25  College.

26         (b)  The Criminal Justice Academy at St. Johns River

27  Community College.

28         (2)  EXISTING PUBLIC CRIMINAL JUSTICE TRAINING

29  PROGRAMS.--Notwithstanding ss. 229.551(1)(g), 230.02, 230.35,

30  and 230.64, or any other provision of law to the contrary,

31  criminal justice training programs in the pilot counties shall

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  1  will transfer to community colleges., effective July 1, 1999,

  2  at which time Responsibility for the provision of basic

  3  recruit, advanced, career development, and continuing training

  4  courses and programs offered in public criminal justice

  5  training programs and for the operation of existing public

  6  criminal justice training programs shall will be shifted from

  7  the school district to the community college in whose service

  8  area the public criminal justice training program is located.

  9  Certification of the program granted by the Criminal Justice

10  Standards and Training Commission shall will be transferred to

11  the respective community college and the community college

12  must continue to meet the requirements of the commission.

13         (3)  FACILITIES.--

14         (a)  Criminal justice training program educational

15  facilities, educational plants, and related equipment as

16  defined in s. 235.011(6) and (7) which are owned by the state

17  and paid for with only state funds shall be transferred to the

18  community college, except that, if such an educational

19  facility or educational plant or part of such facility or

20  plant is used for other purposes in addition to public

21  criminal justice training, the Criminal Justice Standards and

22  Training Commission shall mediate the transfer or a suitable

23  multiuse arrangement.

24         (b)  Criminal justice training program educational

25  facilities, educational plants, and related equipment as

26  defined in s. 235.011(6) and (7) which are owned by the school

27  district and paid for in whole or in part with local tax funds

28  shall be leased to the community college. However, if such an

29  educational facility or educational plant, or part of such

30  facility or plant, is used for other purposes in addition to

31  public criminal justice training, the Criminal Justice

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  1  Standards and Training Commission shall mediate a suitable

  2  lease agreement. If a school district and a community college

  3  cannot agree on the terms and conditions of the lease

  4  agreement, the Criminal Justice Standards and Training

  5  Commission shall finalize the agreement and report its

  6  decision to the Legislature. The Department of Education,

  7  Office of Educational Facilities, shall conduct an analysis,

  8  by December 31, 1999, to determine the amount of local tax

  9  contribution used in the construction of a

10  school-district-owned criminal justice training program,

11  educational facility, or educational plant affected by the

12  transfer. This analysis shall be used to establish a purchase

13  price for the facility or plant. The local community college

14  district board of trustees may make a legislative budget

15  request through the State Board of Education Community

16  Colleges to purchase the facility or plant, or it may continue

17  to lease the facility or plant.

18         (4)  PROGRAM REQUIREMENTS.--Each pilot training center

19  shall will be regional in nature, as defined by the Criminal

20  Justice Standards and Training Commission. Each community

21  college with responsibility for a public criminal justice

22  training program must:

23         (a)  Establish a pilot training center advisory

24  committee made up of professionals from the field of each

25  training program included in the pilot project.

26         (b)  Provide certificate and noncredit options for

27  students and training components of the pilot training center

28  that so require.

29         (c)  Develop an articulation agreement with the

30  universities or colleges State University System to facilitate

31  the transfer of graduates of a community college degree

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  1  training program to the upper division of a state university

  2  or college with a corresponding program.

  3         (5)  STAFFING.--The community college board of trustees

  4  may provide for school district public criminal justice

  5  training staff employed in full-time budgeted positions to be

  6  transferred into the community college personnel system at the

  7  same rate of salary. Retirement and leave provisions shall

  8  will be transferred according to law.

  9         (6)  FUNDING.--Beginning July 1, 1999, The Department

10  of Education shall shift funds generated by students in the

11  pilot training centers established by this section, including

12  workforce development recurring and nonrecurring funds, from

13  the appropriate school district to the respective community

14  college. The community college shall qualify for future

15  facilities funding upon transfer of the facility.

16         (a)  Consistent with s. 236.081(7), school districts

17  that transfer programs shall will receive an amount equal to

18  15 percent of the funding generated for the program under the

19  FEFP in 1996-1997.

20         (b)  Reflecting the lower program costs in the

21  community colleges College System, notwithstanding the funding

22  generated in paragraph (a), community colleges shall will

23  receive 90 percent of the funding generated for the program

24  under the FEFP in 1996-1997. The school district shall will

25  retain the remaining 10 percent.

26         (c)  Notwithstanding ss. 239.115(6)(a) and

27  239.117(6)(a), or any other provision of law to the contrary,

28  fees for continuing workforce education for public law

29  enforcement officers at these pilot centers shall not exceed

30  25 percent of the cost of the course, and state funding shall

31  

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  1  not under any circumstances exceed 50 percent of the cost of

  2  the course.

  3         Section 161.  Part IV of chapter 240, Florida Statutes,

  4  is redesignated as "State-funded Student Assistance."

  5         Section 162.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, section 240.40,

  7  Florida Statutes, shall not stand repealed January 7, 2003, as

  8  scheduled by that law, but that section is reenacted to read:

  9         240.40  State Student Financial Assistance Trust

10  Fund.--

11         (1)  The State Student Financial Assistance Trust Fund

12  is hereby created, to be administered by the Department of

13  Education. Funds shall be credited to the trust fund as

14  provided in the General Appropriations Act or similar

15  legislation, to be used for the purposes set forth therein.

16         (2)  The department may transfer into this trust fund

17  general revenue, private donations for the purpose of matching

18  state funds, and federal receipts for scholarships and grant

19  programs. An individual account code shall be established for

20  each funded scholarship and grant program for auditing

21  purposes.

22         (3)  Notwithstanding the provisions of s. 216.301, and

23  pursuant to s. 216.351, any balance in the trust fund at the

24  end of any fiscal year shall remain in the trust fund and

25  shall be available for carrying out the purposes of the trust

26  fund.

27         Section 163.  Subsections (3), (4), and (8) of section

28  240.4015, Florida Statutes, are amended to read:

29         240.4015  Florida Bright Futures Scholarship Testing

30  Program.--

31  

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  1         (3)  Beginning with initial award recipients for the

  2  2002-2003 academic year and continuing thereafter, students

  3  eligible for a Florida Academic Scholars award or a Florida

  4  Medallion Merit Scholars award who are admitted to and enroll

  5  in a community college or state university shall, prior to

  6  registering for courses that may be earned through a CLEP

  7  examination and no later than registration for their second

  8  term, complete at least five examinations from those specified

  9  in subsection (1) in the following areas: English; humanities;

10  mathematics; natural sciences; and social sciences. Successful

11  completion of dual enrollment courses, Advanced Placement

12  examinations, and International Baccalaureate examinations

13  taken prior to high school graduation satisfy this

14  requirement. The Articulation Coordinating Committee shall

15  identify the examinations that satisfy each component of this

16  requirement.

17         (4)  Initial award recipients for the 2001-2002

18  academic year who are eligible for a Florida Academic Scholars

19  award or a Florida Medallion Merit Scholars award and who are

20  admitted to and enroll in a community college or state

21  university may choose, prior to registering for courses that

22  may be earned through CLEP examination, to complete up to five

23  CLEP examinations, one in each of the following areas:

24  English; humanities; mathematics; natural sciences; and social

25  sciences.

26         (8)  Beginning with the 2002-2003 award recipients, the

27  Department of Education shall track and annually report on the

28  effectiveness of the program, and include information on the

29  number of students participating in the program; the CLEP

30  examinations taken and the passage rate of Florida Academic

31  Scholars and Florida Medallion Merit Scholars award

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  1  recipients; the use of Advanced Placement and International

  2  Baccalaureate examinations and dual enrollment courses to

  3  satisfy the requirements of the program; and the course credit

  4  provided.

  5         Section 164.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, section 240.40201,

  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         240.40201  Florida Bright Futures Scholarship

11  Program.--

12         (1)  The Florida Bright Futures Scholarship Program is

13  created to establish a lottery-funded scholarship program to

14  reward any Florida high school graduate who merits recognition

15  of high academic achievement and who enrolls in a degree

16  program, certificate program, or applied technology diploma

17  program at an eligible Florida public or private postsecondary

18  education institution within 7 3 years after of graduation

19  from high school. An award may not be provided to a student

20  beyond 7 years after high school graduation, regardless of the

21  year in which the student first receives scholarship funding.

22         (2)  The Bright Futures Scholarship Program consists of

23  three types of awards, the Florida Academic Scholarship, the

24  Florida Medallion Merit Scholarship, and the Florida

25  Vocational Gold Seal Vocational Scholarship.

26         (3)  The Department of Education shall administer the

27  Bright Futures Scholarship Program according to rules and

28  procedures established by the State Board Commissioner of

29  Education. A single application must be sufficient for a

30  student to apply for any of the three types of awards. The

31  department must advertise the availability of the scholarship

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  1  program and must notify students, teachers, parents, guidance

  2  counselors, and principals or other relevant school

  3  administrators of the criteria and application procedures. The

  4  department must begin this process of notification no later

  5  than January 1 of each year.

  6         (4)  Funding for the Bright Futures Scholarship Program

  7  must be allocated from the Education Enhancement Trust Fund

  8  and must be provided before allocations from that fund are

  9  calculated for disbursement to other educational entities.

10         (a)  If funds appropriated are not adequate to provide

11  the maximum allowable award to each eligible applicant, awards

12  in all three components of the program must be prorated using

13  the same percentage reduction.

14         (b)  Notwithstanding s. 216.301, if all funds allocated

15  to the Bright Futures Scholarship Program are not used in any

16  fiscal year, up to 10 percent of the total allocation may be

17  carried forward and used for awards in the following year.

18         (5)  The department shall issue awards from the

19  scholarship program annually. Annual awards may be for up to

20  45 semester credit hours or the equivalent. Before the

21  registration period each semester, the department shall

22  transmit payment for each award to the president or director

23  of the postsecondary education institution, or his or her

24  representative, except that the department may withhold

25  payment if the receiving institution fails to report or to

26  make refunds to the department as required by law in this act.

27         (a)  Within 30 days after the end of regular

28  registration each semester, the educational institution shall

29  certify to the department the eligibility status of each

30  student who receives an award. After the end of the drop and

31  add period, an institution is not required to reevaluate or

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  1  revise a student's eligibility status, but must make a refund

  2  to the department if a student who receives an award

  3  disbursement terminates enrollment for any reason during an

  4  academic term and a refund is permitted by the institution's

  5  refund policy.

  6         (b)  An institution that receives funds from the

  7  program shall certify to the department the amount of funds

  8  disbursed to each student and shall remit to the department

  9  any undisbursed advances within 60 days after the end of

10  regular registration.

11         (c)  Each institution that receives moneys through this

12  program shall prepare an annual report that includes an

13  independent external audit or an audit prepared by the Office

14  of the Auditor General. The report shall include an audit of

15  the institution's administration of the program and a complete

16  accounting of the moneys for the program. This report must be

17  submitted to the department annually by March 1. The

18  department may conduct its own annual audit of an

19  institution's administration of the program. The department

20  may request a refund of any moneys overpaid to the institution

21  for the program. The department may suspend or revoke an

22  institution's eligibility to receive future moneys for the

23  program if the department finds that an institution has not

24  complied with this section. The institution must remit within

25  60 days any refund requested in accordance with this

26  subsection.

27         (6)  A student enrolled in 6 to 8 semester credit hours

28  may receive up to one-half of the maximum award; a student

29  enrolled in 9 to 11 credit hours may receive up to

30  three-fourths of the maximum award; and a student enrolled in

31  12 or more credit hours may receive up to the full award.

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  1         (7)  A student may receive only one type of award from

  2  the Florida Bright Futures Scholarship Program at a time, but

  3  may transfer from one type of award to another through the

  4  renewal application process, if the student's eligibility

  5  status changes. However, a student is not eligible to transfer

  6  from a Florida Medallion Merit Scholarship or a Florida

  7  Vocational Gold Seal Vocational Scholarship to a Florida

  8  Academic Scholarship. A student who receives an award from the

  9  program may also receive a federal family education loan or a

10  federal direct loan, and the value of the award must be

11  considered in the certification or calculation of the

12  student's loan eligibility.

13         (8)  If a recipient transfers from one eligible

14  institution to another and continues to meet eligibility

15  requirements, the award must be transferred with the student.

16         (9)  A student may use an award for summer term

17  enrollment if funds are available.

18         (10)  Funds from any scholarship within the Florida

19  Bright Futures Scholarship Program may not be used to pay for

20  remedial or college-preparatory coursework.

21         (11)  A student who graduated from high school in 1997

22  or earlier and who is eligible for the Florida Undergraduate

23  Scholar's Program pursuant to s. 240.402, Florida Statutes,

24  1996 Supplement, is eligible for the Florida Academic Scholars

25  award as provided in this chapter. A student who graduated

26  from high school in 1997 or earlier and who is eligible for

27  the Florida Gold Seal Vocational Endorsement Scholarship award

28  pursuant to s. 240.40201, Florida Statutes, 1996 Supplement,

29  is eligible for the Florida Gold Seal Vocational Scholarship

30  award as provided in this chapter. Award eligibility ends 7

31  years after high school graduation.

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  1         Section 165.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.40202,

  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         240.40202  Florida Bright Futures Scholarship Program;

  7  student eligibility requirements for initial awards.--

  8         (1)  To be eligible for an initial award from any of

  9  the three types of scholarships under the Florida Bright

10  Futures Scholarship Program, a student must:

11         (a)  Be a Florida resident as defined in s. 240.404 and

12  rules of the State Board of Education.

13         (b)  Earn a standard Florida high school diploma or its

14  equivalent as described in s. 232.246 or s. 229.814 unless:

15         1.  The student is enrolled full time in the early

16  admission program of an eligible postsecondary education

17  institution or completes a home education program according to

18  s. 232.0201; or

19         2.  The student earns a high school diploma from a

20  non-Florida school while living with a parent or guardian who

21  is on military or public service assignment away from Florida.

22  The term "public service assignment," as used in this

23  subparagraph, means the occupational assignment outside this

24  state of a person who is a permanent resident of this state

25  and who is employed by the United States Government or the

26  State of Florida conditioned upon assignment outside this

27  state.

28         (c)  Be accepted by and enroll in an eligible Florida

29  public or independent postsecondary education institution.

30         (d)  Be enrolled for at least 6 semester credit hours

31  or the equivalent in quarter hours or clock hours.

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  1         (e)  Not have been found guilty of, or plead nolo

  2  contendere to, a felony charge, unless the student has been

  3  granted clemency by the Governor and Cabinet sitting as the

  4  Executive Office of Clemency.

  5         (f)  Apply for a scholarship from the program within 2

  6  years after by April 1 of the last semester before high school

  7  graduation.

  8         (2)  A student is eligible to accept an initial award

  9  for 3 years following high school graduation and to accept a

10  renewal award for 7 years following high school graduation. A

11  student who applies for an award by April 1 and who meets all

12  other eligibility requirements, but who does not accept his or

13  her award during the first year of eligibility after high

14  school graduation, may apply for reinstatement of the award

15  for use within 7 reapply during subsequent application periods

16  up to 3 years after high school graduation. Reinstatement

17  applications must be received by the deadline established by

18  the Department of Education.

19         (3)  For purposes of calculating the grade point

20  average to be used in determining initial eligibility for a

21  Florida Bright Futures scholarship, the department shall

22  assign additional weights to grades earned in the following

23  courses:

24         (a)  Courses identified in the course code directory as

25  Advanced Placement, pre-International Baccalaureate, or

26  International Baccalaureate.

27         (b)  Courses designated as academic dual enrollment

28  courses in the statewide course numbering system.

29  

30  The department may assign additional weights to courses, other

31  than those described in paragraphs (a) and (b), that are

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  1  identified by the Articulation Coordinating Committee as

  2  containing rigorous academic curriculum and performance

  3  standards. The additional weight assigned to a course pursuant

  4  to this subsection shall not exceed 0.5 per course. The

  5  weighted system shall be developed and distributed to all high

  6  schools in the state prior to January 1, 1998. The department

  7  may determine a student's eligibility status during the senior

  8  year before graduation and may inform the student of the award

  9  at that time.

10         (4)  Each school district shall annually provide to

11  each high school student a complete and accurate Florida

12  Bright Futures Scholarship Evaluation Report and Key. The

13  report shall be disseminated at the beginning of each school

14  year. The report must include all high school coursework

15  attempted, the number of credits earned toward each type of

16  award, and the calculation of the grade-point average for each

17  award. The report must also identify all requirements not met

18  per award, including the grade-point-average requirement, as

19  well as identify the awards for which the student has met the

20  academic requirements. The student report cards must contain a

21  disclosure that the grade-point average calculated for

22  purposes of the Bright Futures Scholarship Program may differ

23  from the grade-point average on the report card.

24         (5)(4)  A student who wishes to qualify for a

25  particular award within the Florida Bright Futures Scholarship

26  Program, but who does not meet all of the requirements for

27  that level of award, may, nevertheless, receive the award if

28  the principal of the student's school or the district

29  superintendent verifies that the deficiency is caused by the

30  fact that school district personnel provided inaccurate or

31  incomplete information to the student. The school district

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  1  must provide a means for the student to correct the

  2  deficiencies and the student must correct them, either by

  3  completing comparable work at the postsecondary institution or

  4  by completing a directed individualized study program

  5  developed and administered by the school district. If the

  6  student does not complete the requirements by December 31

  7  immediately following high school graduation, the student is

  8  ineligible to participate in the program.

  9         Section 166.  Notwithstanding subsection (7) of section

10  3 of chapter 2000-321, Laws of Florida, section 240.40203,

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         240.40203  Florida Bright Futures Scholarship Program;

15  student eligibility requirements for renewal, reinstatement,

16  and restoration awards.--

17         (1)  After the first year of eligibility, if a student

18  wishes to receive To be eligible to renew a scholarship from

19  any of the three types of scholarships under the Florida

20  Bright Futures Scholarship Program, the a student must meet

21  the following requirements for either renewal, reinstatement,

22  or restoration:

23         (a)  Renewal applies to a student who received an award

24  for at least one term during the previous academic year. For

25  renewal, a student must complete at least 12 semester credit

26  hours or the equivalent in the last academic year in which the

27  student earned a scholarship and.

28         (b)  maintain the cumulative grade point average

29  required by the scholarship program, except that:

30         1.  If a recipient's grades fall beneath the average

31  required to renew a Florida Academic Scholarship, but are

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  1  sufficient to renew a Florida Medallion Merit Scholarship or a

  2  Florida Vocational Gold Seal Scholarship, the Department of

  3  Education may grant a renewal from the Florida Medallion

  4  Scholarship Program one of those other scholarship programs,

  5  if the student meets the renewal eligibility requirements; or

  6         2.  If, upon renewal evaluation at any time during the

  7  eligibility period, a student's grades or hours, or both, are

  8  not sufficient insufficient to renew the scholarship, the

  9  student may use the cumulative grades or hours, or both,

10  earned during the following summer to renew the scholarship

11  restore eligibility by improving the grade point average to

12  the required level. A student is eligible for such a

13  reinstatement only once. The Legislature encourages education

14  institutions to assist students to calculate whether or not it

15  is possible to raise the grade point average during the summer

16  term. If the institution determines that it is possible, the

17  education institution may so inform the department, which may

18  reserve the student's award if funds are available. The

19  renewal, however, must not be granted until the student

20  achieves the required cumulative grade point average and earns

21  the required number of credit hours. If during the summer term

22  the student does not earn is not sufficient hours or to raise

23  the grade point average to the required renewal level, the

24  student is not eligible for an award student's next

25  opportunity for renewal is the fall semester of the following

26  academic year.

27         (b)  Reinstatement applies to a student who was

28  eligible for, but did not receive, an award during the

29  previous academic year or years and who may apply to

30  reestablish use of the scholarship. For reinstatement, a

31  student must have been eligible at the time of the student's

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  1  most recent Bright Futures eligibility determination. The

  2  student must apply for reinstatement by submitting a

  3  reinstatement application by the deadline established by the

  4  Department of Eduction.

  5         (c)  Restoration applies to a student who did not meet

  6  renewal grade-point-average or hours-earned requirements at a

  7  prior evaluation period. A student may restore eligibility by

  8  meeting the required renewal grade-point average at a

  9  subsequent renewal evaluation period. A student is eligible

10  for restoration only once. The student must submit a

11  restoration application by the deadlines established by the

12  Department of Education.

13         (2)  A student who is enrolled in a program that

14  terminates in an associate degree or a baccalaureate degree

15  may receive an award for a maximum of 110 percent of the

16  number of credit hours required to complete the program. A

17  student who is enrolled in a program that terminates in a

18  technical certificate may receive an award for a maximum of

19  110 percent of the credit hours or clock hours required to

20  complete the program up to 90 credit hours. A student who

21  transfers from one of these program levels to another becomes

22  eligible for the higher of the two credit hour limits.

23  Effective for students who receive an initial award in 2002

24  and thereafter, a student may receive an award for the

25  undergraduate portion of a program that terminates in the

26  simultaneous award of a baccalaureate and postbaccalaureate

27  degree or only a postbaccalaureate degree but may not generate

28  funds from the Bright Futures Program for enrollment in

29  courses that are designated at the postbaccalaureate degree

30  level.

31  

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  1         Section 167.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.40204,

  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         240.40204  Florida Bright Futures Scholarship Program;

  7  eligible postsecondary education institutions.--A student is

  8  eligible for an award or the renewal of an award from the

  9  Florida Bright Futures Scholarship Program if the student

10  meets the requirements for the program as described in this

11  act and is enrolled in a postsecondary education institution

12  that meets the description in any one of the following

13  subsections:

14         (1)  A Florida public university, college, community

15  college, or technical center.

16         (2)  An independent Florida college or university that

17  is accredited by an accrediting association whose standards

18  are comparable to the minimum standards required to operate an

19  institution at that level in this state, as determined by

20  rules of the Commission for Independent Education, a member of

21  the Commission on Recognition of Postsecondary Accreditation

22  and that which has operated in the state for at least 3 years.

23         (3)  An independent Florida postsecondary education

24  institution that is licensed by the Commission for Independent

25  Education State Board of Independent Colleges and Universities

26  and that which:

27         (a)  Is authorized to grant degrees;

28         (b)(a)  Shows evidence of sound financial condition;

29  and

30  

31  

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  1         (c)(b)  Has operated in the state for at least 3 years

  2  without having its approval, accreditation, or license placed

  3  on probation.

  4         (4)  A Florida independent postsecondary education

  5  institution that offers a nursing diploma approved by the

  6  Board of Nursing.

  7         (5)  A Florida independent postsecondary education

  8  institution that is licensed by the Commission for Independent

  9  Education State Board of Nonpublic Career Education and that

10  which:

11         (a)  Is authorized to award certificates or credentials

12  other than degrees;

13         (b)(a)  Has a program completion and placement rate of

14  at least the rate required by the current Florida Statutes,

15  the Florida Administrative Code, or the Department of

16  Education for an institution at its level; and

17         (c)(b)  Shows evidence of sound financial condition;

18  and either:

19         1.  Is accredited at the institutional level by an

20  accrediting agency recognized by the United States Department

21  of Education and has operated in the state for at least 3

22  years during which there has been no complaint for which

23  probable cause has been found; or

24         2.  Has operated in Florida for 5 years during which

25  there has been no complaint for which probable cause has been

26  found.

27         Section 168.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.40205,

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         240.40205  Florida Academic Scholars award.--

  2         (1)  A student is eligible for a Florida Academic

  3  Scholars award if the student meets the general eligibility

  4  requirements for the Florida Bright Futures Scholarship

  5  Program and the student:

  6         (a)  Has achieved a 3.5 weighted grade point average as

  7  calculated pursuant to s. 240.40202, or its equivalent, in

  8  high school courses that are designated by the State Board of

  9  Education adopted by the Board of Regents and recommended by

10  the State Board of Community Colleges as college-preparatory

11  academic courses; and

12         (b)  has attained at least the score identified by

13  rules of the State Board Department of Education on the

14  combined verbal and quantitative parts of the Scholastic

15  Aptitude Test, the Scholastic Assessment Test, or the

16  recentered Scholastic Assessment Test of the College Entrance

17  Examination, or an equivalent score on the American College

18  Testing Program; or

19         (b)(c)  Has attended a home education program according

20  to s. 232.0201 during grades 11 and 12 or has completed the

21  International Baccalaureate curriculum but failed to earn the

22  International Baccalaureate Diploma, and has attained at least

23  the score identified by rules of the State Board Department of

24  Education on the combined verbal and quantitative parts of the

25  Scholastic Aptitude Test, the Scholastic Assessment Test, or

26  the recentered Scholastic Assessment Test of the College

27  Entrance Examination, or an equivalent score on the American

28  College Testing Program; or

29         (c)(d)  Has been awarded an International Baccalaureate

30  Diploma from the International Baccalaureate Office; or

31  

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  1         (d)(e)  Has been recognized by the merit or achievement

  2  programs of the National Merit Scholarship Corporation as a

  3  scholar or finalist; or

  4         (e)(f)  Has been recognized by the National Hispanic

  5  Recognition Program as a scholar recipient.

  6  

  7  Effective with the 1998-1999 school year. A student must

  8  complete a program of community service work, as approved by

  9  the district school board or the administrators of a nonpublic

10  school, which shall include a minimum of 75 hours of service

11  work and require the student to identify a social problem that

12  interests him or her, develop a plan for his or her personal

13  involvement in addressing the problem, and, through papers or

14  other presentations, evaluate and reflect upon his or her

15  experience.

16         (2)  A Florida Academic Scholar who is enrolled in a

17  public postsecondary education institution is eligible for an

18  award equal to the amount required to pay matriculation, fees,

19  and $600 for college-related expenses annually. A student who

20  is enrolled in a nonpublic postsecondary education institution

21  is eligible for an award equal to the amount that would be

22  required to pay for the average matriculation and fees of a

23  public postsecondary education institution at the comparable

24  level, plus the annual $600.

25         (3)  To be eligible for a renewal award as a Florida

26  Academic Scholar, a student must maintain the equivalent of a

27  grade point average of 3.0 on a 4.0 scale for all

28  postsecondary education work attempted, with an opportunity

29  for one restoration reinstatement as provided in this chapter

30  act.

31  

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  1         (4)  In each school district, the Florida Academic

  2  Scholar with the highest academic ranking shall be designated

  3  as an Academic Top Scholar and shall be entitled to receive an

  4  additional award of $1,500 for college-related expenses. This

  5  award must be funded from the Florida Bright Futures

  6  Scholarship Program.

  7         Section 169.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.40206,

  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         240.40206  Florida Medallion Merit Scholars award.--

13         (1)  A student is eligible for a Florida Medallion

14  Merit Scholars award if the student meets the general

15  eligibility requirements for the Florida Bright Futures

16  Scholarship Program and the student:

17         (a)  Has achieved a weighted grade point average of 3.0

18  as calculated pursuant to s. 240.40202, or the equivalent, in

19  high school courses that are designated by the State Board of

20  Education adopted by the Board of Regents and recommended by

21  the State Board of Community Colleges as college-preparatory

22  academic courses; and

23         (b)  has attained at least the score identified by

24  rules of the State Board Department of Education on the

25  combined verbal and quantitative parts of the Scholastic

26  Aptitude Test, the Scholastic Assessment Test, or the

27  recentered Scholastic Assessment Test of the College Entrance

28  Examination, or an equivalent score on the American College

29  Testing Program; or

30         (b)(c)  Has attended a home education program according

31  to s. 232.0201 during grades 11 and 12 or has completed the

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  1  International Baccalaureate curriculum but failed to earn the

  2  International Baccalaureate Diploma, and has attained at least

  3  the score identified by rules of the State Board Department of

  4  Education on the combined verbal and quantitative parts of the

  5  Scholastic Aptitude Test, the Scholastic Assessment Test, or

  6  the recentered Scholastic Assessment Test of the College

  7  Entrance Examination, or an equivalent score on the American

  8  College Testing Program;.

  9         (c)  Has been recognized by the merit or achievement

10  programs of the National Merit Scholarship Corporation as a

11  scholar or finalist but has not completed a program of

12  community service as provided in s. 240.40205; or

13         (d)  Has been recognized by the National Hispanic

14  Recognition Program as a scholar, but has not completed a

15  program of community service as provided in s. 240.40205.

16         (2)  A Florida Medallion Merit Scholar is eligible for

17  an award equal to the amount required to pay 75 percent of

18  matriculation and fees, if the student is enrolled in a public

19  postsecondary education institution. A student who is enrolled

20  in a nonpublic postsecondary education institution is eligible

21  for an award equal to the amount that would be required to pay

22  75 percent of the matriculation and fees of a public

23  postsecondary education institution at the comparable level.

24         (3)  To be eligible for a renewal award as a Florida

25  Merit Scholar, a student must maintain the equivalent of a

26  grade point average of 2.75 on a 4.0 scale for all

27  postsecondary education work attempted, with an opportunity

28  for restoration reinstatement one time as provided in this

29  chapter act.

30         Section 170.  Notwithstanding subsection (7) of section

31  3 of chapter 2000-321, Laws of Florida, section 240.40207,

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  1  Florida Statutes, shall not stand repealed January 7, 2003, as

  2  scheduled by that law, but that section is reenacted and

  3  amended to read:

  4         240.40207  Florida Gold Seal Vocational Scholars

  5  award.--The Florida Gold Seal Vocational Scholars award is

  6  created within the Florida Bright Futures Scholarship Program

  7  to recognize and reward academic achievement and vocational

  8  preparation by high school students who wish to continue their

  9  education.

10         (1)  A student is eligible for a Florida Gold Seal

11  Vocational Scholars award if the student meets the general

12  eligibility requirements for the Florida Bright Futures

13  Scholarship Program and the student:

14         (a)  Completes the secondary school portion of a

15  sequential program of studies that requires at least three

16  consecutive secondary school vocational credits. taken over at

17  least 2 academic years, and is continued in a planned, related

18  postsecondary education program. If the student's school does

19  not offer such a two-plus-two or tech-prep program, the

20  student must complete a job-preparatory career education

21  program selected by the Workforce Estimating Conference or

22  Workforce Florida, Inc., for its ability to provide high-wage

23  employment in an occupation with high potential for employment

24  opportunities. On-the-job training may not be substituted for

25  any of the three required vocational credits.

26         (b)  Demonstrates readiness for postsecondary education

27  by earning a passing score on the Florida College Entry Level

28  Placement Test or its equivalent as identified by the

29  Department of Education.

30         (c)  Earns a minimum cumulative weighted grade point

31  average of 3.0, as calculated pursuant to s. 240.40202, on all

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  1  subjects required for a standard high school diploma,

  2  excluding elective courses.

  3         (d)  Earns a minimum unweighted grade point average of

  4  3.5 on a 4.0 scale for secondary vocational courses comprising

  5  the vocational program.

  6         (e)  Completes the requirements of a vocational-ready

  7  diploma program, as defined by rules of the State Board of

  8  Education.

  9         (2)  A Florida Gold Seal Vocational Scholar is eligible

10  for an award equal to the amount required to pay 75 percent of

11  matriculation and fees, if the student is enrolled in a public

12  postsecondary education institution. A student who is enrolled

13  in a nonpublic postsecondary education institution is eligible

14  for an award equal to the amount that would be required to pay

15  75 percent of the matriculation and mandatory fees of a public

16  postsecondary education institution at the comparable level.

17         (3)  To be eligible for a renewal or restoration award

18  as a Florida Gold Seal Vocational Scholar, a student must meet

19  the requirements of s. 240.40203 and the maintain the

20  equivalent of a grade point average requirement of 2.75 on a

21  4.0 scale for all postsecondary education work attempted. A

22  student has, with an opportunity for restoration reinstatement

23  one time as provided in this chapter act.

24         (4)  A student may earn a Florida Gold Seal Vocational

25  Scholarship for 110 percent of the number of credit hours

26  required to complete the program, up to 90 credit hours or the

27  equivalent. A Florida Gold Seal Vocational Scholar who meets

28  all renewal requirements for a Florida Medallion Scholars

29  award has a cumulative grade point average of 2.75 in all

30  postsecondary education work attempted may apply for a Florida

31  Medallion Merit Scholars award at any renewal period, or the

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  1  department may transfer the student to the Florida Medallion

  2  Scholars award during any renewal period. All other provisions

  3  of that program apply, and the credit-hour limitation must be

  4  calculated by subtracting from the student's total eligibility

  5  the number of credit hours the student attempted while earning

  6  the Gold Seal Vocational Scholarship.

  7         Section 171.  Section 240.40208, Florida Statutes, as

  8  amended by section 26 of chapter 2001-61, Laws of Florida, is

  9  repealed.

10         Section 172.  Notwithstanding subsection (7) of section

11  3 of chapter 2000-321, Laws of Florida, section 240.40209,

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         240.40209  Bright Futures Scholarship recipients

16  attending nonpublic institutions; calculation of

17  awards.--Notwithstanding ss. 240.40201, 240.40205, 240.40206,

18  and 240.40207, a student who receives any award under the

19  Florida Bright Futures Scholarship Program, who is enrolled in

20  a nonpublic postsecondary education institution, and who is

21  assessed tuition and fees that are the same as those of a

22  full-time student at that institution, shall receive a fixed

23  award calculated by using the average matriculation and fee

24  calculation as prescribed by the Department of Education for

25  full-time attendance at a public postsecondary education

26  institution at the comparable level. If the student is

27  enrolled part-time and is assessed tuition and fees at a

28  reduced level, the award shall be either one-half of the

29  maximum award or three-fourths of the maximum award, depending

30  on the level of fees assessed.

31  

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  1         Section 173.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.40242,

  3  Florida Statutes, shall not stand repealed January 7, 2003, as

  4  scheduled by that law, but that section is reenacted to read:

  5         240.40242  Use of certain scholarship funds by children

  6  of deceased or disabled veterans.--The criteria for the use of

  7  scholarship funds which apply to students under the Florida

  8  Bright Futures Scholarship Program shall also apply to the

  9  children of deceased or disabled veterans who receive

10  scholarships under chapter 295.

11         Section 174.  Notwithstanding subsection (7) of section

12  3 of chapter 2000-321, Laws of Florida, section 240.404,

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         240.404  General requirements for student eligibility

17  for state-funded student assistance state financial aid.--

18         (1)(a)  The general requirements for eligibility of

19  students for state financial aid awards consist of the

20  following:

21         1.  Achievement of the academic requirements of and

22  acceptance at a state university or community college; a

23  nursing diploma school approved by the Florida Board of

24  Nursing; a Florida college, university, or community college

25  which is accredited by an accrediting agency whose standards

26  are comparable to the minimum standards required to operate a

27  nonpublic institution in this state a member of the Commission

28  on Recognition of Postsecondary Accreditation; any Florida

29  institution the credits of which are acceptable for transfer

30  to state universities; any area technical center; or any

31  nonpublic private vocational-technical institution accredited

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  1  by an accrediting association recognized by the United States

  2  Department of Education a member of the Commission on

  3  Recognition of Postsecondary Accreditation.

  4         2.  Residency in this state for no less than 1 year

  5  preceding the award of aid for a program established pursuant

  6  to s. 240.409, s. 240.4095, s. 240.4097, s. 240.412, s.

  7  240.4125, s. 240.413, s. 240.4987, s. 240.499 s. 240.605, or

  8  s. 240.4993 s. 240.606. Residency in this state must be for

  9  purposes other than to obtain an education. Resident status

10  for purposes of receiving state financial aid awards shall be

11  determined in the same manner as resident status for tuition

12  purposes pursuant to s. 240.1201 and rules of the State Board

13  of Education. A person who has been properly classified as a

14  resident by a postsecondary education institution for initial

15  receipt of state-funded student financial assistance and found

16  to be eligible to participate in a financial assistance

17  program may continue to qualify as a resident for state-funded

18  financial aid programs if the student maintains continuous

19  enrollment at the postsecondary education institution, with no

20  break in enrollment greater than 12 consecutive months.

21         3.  Submission of certification attesting to the

22  accuracy, completeness, and correctness of information

23  provided to demonstrate a student's eligibility to receive

24  state financial aid awards. Falsification of such information

25  shall result in the denial of any pending application and

26  revocation of any award currently held to the extent that no

27  further payments shall be made. Additionally, students who

28  knowingly make false statements in order to receive state

29  financial aid awards shall be guilty of a misdemeanor of the

30  second degree subject to the provisions of s. 837.06 and shall

31  

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  1  be required to return all state financial aid awards

  2  wrongfully obtained.

  3         (b)1.  Eligibility for the renewal of undergraduate

  4  financial aid awards shall be evaluated at the end of the

  5  second semester or third quarter of each academic year.  As a

  6  condition for renewal, a student shall:

  7         a.  Have earned a minimum cumulative grade point

  8  average of 2.0 on a 4.0 scale; and

  9         b.  Have earned, for full-time study, 12 credits per

10  term or the equivalent for the number of terms for which aid

11  was received.

12         2.  A student who earns the minimum number of credits

13  required for renewal, but who fails to meet the minimum 2.0

14  cumulative grade point average, may be granted a probationary

15  award for up to the equivalent of 1 academic year and shall be

16  required to earn a cumulative grade point average of 2.0 on a

17  4.0 scale by the end of the probationary period to be eligible

18  for subsequent renewal.  A student who receives a probationary

19  award and who fails to meet the conditions for renewal by the

20  end of his or her probationary period shall be ineligible to

21  receive additional awards for the equivalent of 1 academic

22  year following his or her probationary period. Each such

23  student may, however, reapply for assistance during a

24  subsequent application period and may be eligible for an award

25  if he or she has earned a cumulative grade point average of

26  2.0 on a 4.0 scale.

27         3.  A student who fails to earn the minimum number of

28  credits required for renewal shall lose his or her eligibility

29  for renewal for a period equivalent to 1 academic year.

30  However, the student may reapply during a subsequent

31  application period and may be eligible for an award if he or

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  1  she has earned a minimum cumulative grade point average of 2.0

  2  on a 4.0 scale.

  3         4.  Students who receive state student aid and

  4  subsequently fail to meet state academic progress requirements

  5  due to verifiable illness or other emergencies may be granted

  6  an exception from the academic requirements.  Such students

  7  shall make a written appeal to the institution.  The appeal

  8  shall include a description and verification of the

  9  circumstances. Verification of illness or other emergencies

10  may include but not be limited to a physician's statement or

11  written statement of a parent or college official.  The

12  institution shall recommend exceptions with necessary

13  documentation to the department.  The department may accept or

14  deny such recommendations for exception from the institution.

15         (2)  These requirements do not preclude higher

16  standards specified in other sections of this part, in rules

17  of the state board, or in rules of a participating

18  institution.

19         (3)  Undergraduate students shall be eligible to

20  receive financial aid for a maximum of 8 semesters or 12

21  quarters. However, undergraduate students participating in

22  college-preparatory instruction, students requiring additional

23  time to complete the college-level communication and

24  computation skills testing programs, or students enrolled in a

25  5-year undergraduate degree program shall be eligible to

26  receive financial aid for a maximum of 10 semesters or 15

27  quarters.

28         (4)  A No student is not shall be eligible to receive

29  more than one state scholarship that is based on academic

30  merit.  Students who qualify for more than one such

31  scholarship shall be notified of all awards for which they

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  1  qualify and shall be provided the opportunity to accept one of

  2  their choosing.

  3         Section 175.  Notwithstanding subsection (7) of section

  4  3 of chapter 2000-321, Laws of Florida, section 240.40401,

  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         240.40401  State-funded student financial assistance

  9  database.--

10         (1)  The Department of Education, in conjunction with

11  the Florida Advisory Council for State-Funded of Student

12  Assistance Financial Aid Advisors, staff of the Executive

13  Office of the Governor, the Legislature, the Council for

14  Education Policy Research and Improvement, the Division of

15  Colleges and Universities, the Division of Community Colleges

16  the Postsecondary Education Planning Commission, the Board of

17  Regents, the State Board of Community Colleges, and the three

18  largest student loan lenders by volume serving Florida

19  students as of the effective date of this act, shall design a

20  student financial assistance database that can be used to

21  support all aspects of the administration and delivery of

22  state-funded student financial aid.  In addition, the database

23  must have the capability of providing policymakers with

24  comprehensive information regarding the various financial

25  assistance programs available to students attending Florida

26  postsecondary education institutions.

27         (2)  For purposes of this section, financial assistance

28  includes:

29         (a)  For all students, any scholarship, grant, loan,

30  fee waiver, tuition assistance payment, or other form of

31  compensation provided from state or federal funds.

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  1         (b)  For students attending public institutions, any

  2  scholarship, grant, loan, fee waiver, tuition assistance

  3  payment, or other form of compensation supported by

  4  institutional funds.

  5         (3)  The database must include records on any student

  6  receiving any form of financial assistance as described in

  7  subsection (2).  Institutions participating in any state

  8  financial assistance program shall annually submit such

  9  information to the Department of Education in a format

10  prescribed by the department and consistent with the

11  provisions of s. 228.093.

12         Section 176.  Notwithstanding subsection (7) of section

13  3 of chapter 2000-321, Laws of Florida, section 240.4041,

14  Florida Statutes, shall not stand repealed January 7, 2003, as

15  scheduled by that law, but that section is reenacted to read:

16         240.4041  State financial aid; students with a

17  disability.--Notwithstanding the provisions of s.

18  240.404(1)(b)1.b. regarding the number of credits earned per

19  term, or other financial aid eligibility requirements related

20  to the number of required credits earned per term, a student

21  with a documented disability, as defined by the Americans with

22  Disabilities Act, shall be eligible to be considered for state

23  financial aid while attending an eligible postsecondary

24  institution on a part-time basis. The State Board of Education

25  shall establish the necessary criteria for documentation of

26  the student's disability and the postsecondary institution

27  shall make the determination as to whether or not the

28  disability is such that part-time status is a necessary

29  accommodation.  For the purposes of this section, financial

30  aid funds may be prorated based on the number of credit hours

31  taken.

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  1         Section 177.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.4042,

  3  Florida Statutes, shall not stand repealed January 7, 2003, as

  4  scheduled by that law, but that section is reenacted to read:

  5         240.4042  Financial aid appeal process.--

  6         (1)  The State Board of Education shall adopt, by rule,

  7  a procedure for the appeal of errors in eligibility

  8  determinations, or failure to transfer awards between eligible

  9  institutions, made by the Office of Student Financial

10  Assistance, Department of Education, regarding applicants'

11  eligibility for receiving state student financial aid awards.

12  The procedure must provide for establishment of a committee to

13  consider appeals that are not resolved by other administrative

14  action.  Each committee must be comprised of four members

15  appointed by the Commissioner of Education, including one

16  representative of the Office of Student Financial Assistance;

17  two practicing financial aid administrators from public or

18  private postsecondary institutions in this state, one of whom

19  must be from an institution other than one to which the

20  applicant is seeking admission; and one student enrolled in a

21  public postsecondary institution in this state, nominated by

22  the Florida Student Association.  An applicant for state

23  student financial aid who believes an error has been made in

24  determining eligibility for student financial assistance or

25  who believes the department has failed to transfer an award

26  between eligible institutions may appeal the decision in

27  writing to the Office of Student Financial Assistance. The

28  Office of Student Financial Assistance shall investigate the

29  complaint and take appropriate action within 30 days after its

30  receipt of the appeal. If the student wishes further review of

31  the appeal, the Office of Student Financial Assistance shall

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  1  forward the appeal to the committee. Within 30 days after the

  2  receipt of a request for a hearing, a final decision shall be

  3  rendered by the committee established under this section, and

  4  a copy of the decision shall be provided to the applicant.

  5  The decision rendered by the committee constitutes final

  6  agency action. A description of the financial aid appeals

  7  process shall be included in the application form for each

  8  state student financial aid program.

  9         (2)  The president of each state university and each

10  community college shall establish a procedure for appeal, by

11  students, of grievances related to the award or administration

12  of financial aid at the institution.

13         (3)  A student involved in a financial aid appeal

14  proceeding is eligible for a deferral of registration and fee

15  payments pursuant to s. 240.235(2).

16         Section 178.  Section 240.4043, Florida Statutes, is

17  created to read:

18         240.4043  State-funded student fees.--

19         (1)  The following fee waivers are available to

20  students enrolled in state universities:

21         (a)  A state university may grant a fee waiver for up

22  to 6 credit hours per term to a full-time employee of the

23  university who meets academic requirements, if space is

24  available in the course.

25         (b)  A state university may grant a waiver of

26  state-resident fees to a student who is 60 years of age or

27  older who attends classes but does not intend to accrue credit

28  hours for those classes. A university may not award credit for

29  attendance in classes for which fees are waived under this

30  authority. A university may grant this privilege only if space

31  is available in classes that are not filled at the close of

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  1  registration. A university may limit or deny the privilege for

  2  courses in programs that have selective admissions criteria.

  3  Persons paying full fees and state employees have priority

  4  over these noncredit students.

  5         (c)  A state university may waive out-of-state tuition

  6  fees for nondegree-seeking students if the earned student

  7  credit hours generated by those students are nonfundable and

  8  the direct cost for the program of study is recovered from the

  9  fees charged to all students.

10         (d)  A graduate student enrolled in a state-approved

11  school psychology training program is entitled to a waiver of

12  registration fees for internship credit hours applicable to an

13  internship in the public school system under the supervision

14  of a school psychologist certified by the Department of

15  Education and employed by the school system.

16         (e)  A state university shall waive matriculation and

17  other mandatory fees for persons who supervise student

18  interns, under conditions and limitations provided by the

19  State Board of Education.

20         (2)  The following fee exemptions are available to

21  students enrolled in any type of public postsecondary

22  education institution:

23         (a)  A state employee may receive a voucher, grant, or

24  waiver of state-resident tuition fees to attend work-related

25  courses at public postsecondary education institutions.

26  Student credit hours generated by students receiving these

27  benefits are fundable credit hours. The Department of

28  Management Services may provide the vouchers, grants, or

29  waivers from funds appropriated for this purpose or, if

30  insufficient funds are appropriated to the department, each

31  

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  1  state agency may support the training and education needs of

  2  its employees from funds appropriated to the agency.

  3         (b)  A student for whom the state is paying a board

  4  payment for foster care under s. 409.145(3) or parts II and

  5  III of chapter 39, for whom the permanency planning goal

  6  pursuant to part III of chapter 39 is long-term foster care or

  7  independent living, or who is adopted from the Department of

  8  Children and Family Services after May 5, 1997, is exempt from

  9  the payment of undergraduate fees, including fees associated

10  with enrollment in vocational-preparatory or

11  college-preparatory instruction.

12         1.  The student must apply for other federal and state

13  grants that are authorized to pay fees, and the postsecondary

14  education institution must exempt the student only from the

15  portion of fees not paid by another state or federal program.

16         2.  Eligibility for the exemption ends 7 years after

17  graduation from high school, and a student may not use the

18  exemption for more than 110 percent of the number of hours

19  required to complete the program, including any required

20  vocational-preparatory or college-preparatory enrollment.

21         3.  A student must earn a grade-point average of 2.0 or

22  higher for the previous term, maintain a cumulative

23  grade-point average of 2.0 or higher for all postsecondary

24  education courses attempted, or have a grade-point average

25  below 2.0 only for the previous term.

26         (c)  A student enrolled in a dual enrollment or early

27  admission programs is exempt from the payment of registration,

28  tuition, and laboratory fees.

29         (d)  Each public postsecondary education institution

30  shall waive one-half of tuition and course-related fees for

31  certain members of the active Florida National Guard who are

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  1  eligible for the tuition-assistance program under rules of the

  2  Adjutant General authorized by s. 250.10(7) and (8).

  3         (e)  Any proprietor, owner, or worker of a company

  4  whose business has been at least 50-percent negatively

  5  financially impacted by the buyout of property around Lake

  6  Apopka by the State of Florida is exempt from the payment of

  7  registration, matriculation, and laboratory fees. A student

  8  receiving a fee exemption in accordance with this paragraph

  9  must not have received compensation because of the buyout,

10  must be designated a Florida resident for tuition purposes

11  pursuant to s. 240.1201, and must first have applied for and

12  been denied financial aid, pursuant to s. 240.404, which would

13  have provided, at a minimum, payment of all student fees. The

14  student must provide evidence to the postsecondary education

15  institution verifying that the conditions of this paragraph

16  have been met, including support documentation provided by the

17  Department of Revenue. The student must be currently enrolled

18  in, or begin coursework within, a program area by fall

19  semester 2000. The exemption is valid for 4 years following

20  the date that the postsecondary education institution confirms

21  that the conditions of this paragraph have been met.

22         (f)  A university, a community college, a college, or a

23  school district that conducts postsecondary education programs

24  may defer matriculation and other mandatory fees for a student

25  whose state or federal financial-assistance payment is

26  delayed, if the delay is beyond the student's control and the

27  student meets the program requirements, including the

28  application deadline. Veterans and others receiving benefits

29  under chapter 30, chapter 31, chapter 32, chapter 34, or

30  chapter 35 of Title 38 U.S.C., or under chapter 106 of Title

31  10 U.S.C., are entitled to one deferment each academic year

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  1  and an additional deferment each time those benefits are

  2  delayed.

  3         (3)  The following fee exemptions are available to

  4  students enrolled in adult general education programs or

  5  career and technical education programs conducted by school

  6  districts or community colleges.

  7         (a)  A student enrolled in an approved apprenticeship

  8  program, as defined in s. 446.021, or enrolled in an

  9  employment and training program under the welfare transition

10  program is exempt from registration, matriculation, and

11  laboratory fees.

12         (b)  A student is exempt from registration,

13  matriculation, and laboratory fees if the student lacks a

14  fixed, regular, and adequate nighttime residence or uses as a

15  primary nighttime residence a public or private shelter

16  designed to provide temporary residence for individuals

17  intended to be institutionalized, or a public or private place

18  not designed for, or ordinarily used as, a regular sleeping

19  accommodation for human beings.

20         (c)  A student is exempt from fees for enrollment in

21  adult basic instruction or vocational preparatory instruction

22  if the student demonstrates literacy skills at or below the

23  eighth grade level.

24         (d)  A student is exempt from fees for enrollment in

25  adult basic or secondary education if the student has not

26  obtained a high school diploma.

27         Section 179.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.405,

29  Florida Statutes, shall not stand repealed on January 7, 2003,

30  as scheduled by that law, but that section is reenacted and

31  amended to read:

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  1         (Substantial rewording of section. See

  2         s. 240.405, F.S., for present text.)

  3         240.405  State-funded assistance for school

  4  employees.--State-funded assistance for school employees is

  5  provided to attract capable and promising students to

  6  employment in the public school system, especially to areas of

  7  projected or current critical shortage. Funds appropriated by

  8  the Legislature or repaid by students for the programs

  9  governed by this section must be deposited in the State

10  Student Financial Assistance Trust Fund. Any balance at the

11  end of a fiscal year remains in the trust fund and is

12  available for the individual programs in future years. This

13  section shall be implemented only to the extent specifically

14  funded and authorized by law. Pursuant to ss. 120.536(1) and

15  120.54, the State Board of Education shall adopt rules

16  necessary to identify the areas of critical shortage and to

17  administer the programs. The Department of Education shall

18  administer the programs or shall delegate administrative

19  responsibility as required in this section or rules of the

20  State Board of Education.

21         (1)  The reimbursement program for college expenses is

22  established to encourage qualified personnel to seek

23  employment in areas in which critical shortages exist in

24  publicly funded schools. For purposes of this chapter, a

25  school is publicly funded if it receives at least 75 percent

26  of its operating costs from governmental agencies and operates

27  its educational program under contract with a public school

28  district or the Department of Education. The two components of

29  the program are for repayment of student loans or for tuition

30  reimbursement, as follows:

31  

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  1         (a)  Loan repayments are intended to be made to

  2  qualified applicants who begin employment for the first time

  3  in designated shortage areas and who apply during their first

  4  year of teaching as certified teachers or licensed therapists

  5  in these areas. Repayment is limited to loans from a federal

  6  program or a commercial lending institution. A student who

  7  receives a scholarship loan or a fellowship loan provided

  8  under this section is not eligible to receive a loan repayment

  9  from the program. From the funds available, the Department of

10  Education may make loan principal repayments as follows:

11         1.  Up to $2,500 a year for up to 4 years on behalf of

12  selected graduates of state-approved undergraduate

13  postsecondary teacher preparation programs; persons certified

14  to teach pursuant to any applicable teacher certification

15  requirements; selected teacher preparation graduates from any

16  state participating in the Interstate Agreement on the

17  Qualification of Educational Personnel; or selected graduates

18  of accredited programs for undergraduate preparation of

19  occupational therapists or physical therapists. A licensed

20  occupational therapist assistant or licensed physical

21  therapist assistant is eligible for an award for up to 2

22  years.

23         2.  Up to $5,000 a year for up to 2 years on behalf of

24  selected graduates of state-approved graduate postsecondary

25  teacher preparation programs, persons with graduate degrees

26  certified to teach pursuant to any applicable teacher

27  certification requirements, or selected teacher preparation

28  graduates from any state participating in the Interstate

29  Agreement on the Qualification of Educational Personnel.

30  

31  

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  1  All repayments are contingent on continued proof of employment

  2  in the designated areas in this state and shall be made

  3  directly to the holder of the loan or, if the loan is paid in

  4  full, directly to the teacher or therapist. The state is not

  5  responsible for collecting any interest charges or other

  6  remaining balance. If the State Board of Education changes the

  7  designated critical shortage areas, an employee remains

  8  eligible for loan repayment as long as he or she continues

  9  employment in the area for which the original loan repayment

10  was made and otherwise meets all conditions of eligibility.

11         (b)  Tuition reimbursement is intended for current

12  employees or persons preparing for employment in critical

13  shortage areas. Any full-time certified teacher, licensed

14  physical therapist or assistant, or licensed occupational

15  therapist or assistant in a publicly funded school or

16  developmental research school in this state is eligible for

17  tuition reimbursement for the following courses in areas of

18  critical shortage:

19         1.  Graduate-level courses leading to a master's,

20  specialist, or doctoral degree;

21         2.  Graduate-level courses leading to a new

22  certification area; or

23         3.  State-approved undergraduate courses leading to an

24  advanced degree or new certification area.

25  

26  Participants may receive tuition reimbursement payments for up

27  to 9 semester hours, or the equivalent in quarter hours, per

28  year, at a rate not to exceed $78 per semester hour, up to a

29  total of 36 semester hours. Tuition reimbursements are

30  contingent on passing an approved course with a minimum

31  grade-point average of 3.0 or its equivalent.

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  1         (2)  The forgivable loan program for school employees

  2  in areas of critical shortage is intended to make

  3  undergraduate-level and graduate-level forgivable loans

  4  available to eligible students entering programs of study

  5  which lead to a degree in a program in an area of critical

  6  shortage in the public school system. A person is not eligible

  7  for both a forgivable loan and a reimbursement of college

  8  expenses under this section.

  9         (a)  The Legislature finds that reimbursement of

10  college expenses is a more effective method of meeting the

11  needs of the state than are forgivable loans. The Legislature

12  intends to phase out the forgivable loan program.

13         (b)  To be eligible for a loan under this program, a

14  candidate must:

15         1.  Be a full-time student at the upper-division

16  undergraduate or graduate level in a state-approved teacher

17  preparation program leading to certification in a critical

18  teacher shortage subject area, or be a full-time student in a

19  therapy assistant program or in the upper division or higher

20  level in an occupational therapist or physical therapist

21  educational program. Occupational therapist and occupational

22  therapy assistant programs must be accredited by the American

23  Medical Association in collaboration with the American

24  Occupational Therapy Association. Physical therapist and

25  physical therapist assistant programs must be accredited by

26  the American Physical Therapy Association.

27         2.  Have declared an intent to be employed, for at

28  least the number of years for which a forgivable loan is

29  received, in publicly funded elementary or secondary schools

30  in this state in a critical shortage area identified by the

31  State Board of Education.

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  1         3.  Meet the general requirements for student

  2  eligibility as provided in s. 240.404.

  3         4.  If applying for an undergraduate forgivable loan

  4  for employment as a teacher, have maintained a minimum

  5  cumulative grade-point average of 2.5 on a 4.0 scale for all

  6  undergraduate work.

  7         5.  If applying for an undergraduate forgivable loan

  8  for employment as an occupational therapist, physical

  9  therapist, or therapist assistant, have maintained a minimum

10  cumulative grade-point average of 2.0 on a 4.0 scale for all

11  undergraduate work.

12         6.  If applying for renewal of an undergraduate loan,

13  have maintained a minimum cumulative grade-point average of at

14  least a 2.5 on a 4.0 scale for all undergraduate work and have

15  earned at least 12 semester credits per term, or the

16  equivalent.

17         7.  If applying for a graduate forgivable loan for any

18  eligible employment, have maintained an undergraduate

19  cumulative grade-point average of at least a 3.0 on a 4.0

20  scale or have attained a Graduate Record Examination score of

21  at least 1,000. Renewal applicants for graduate loans shall

22  maintain a minimum cumulative grade-point average of at least

23  a 3.0 on a 4.0 scale for all graduate work and have earned at

24  least 9 semester credits per term, or the equivalent.

25         (c)  An undergraduate forgivable loan may be awarded

26  for 2 undergraduate years, not to exceed $4,000 per year, or

27  for a maximum of 3 years for programs requiring a fifth year

28  of instruction to obtain initial teaching certification.

29         (d)  A graduate forgivable loan may be awarded for 2

30  graduate years and may not exceed $8,000 per year for a

31  teacher and $4,000 per year for a therapist or therapist

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  1  assistant. At the graduate level, a loan recipient must meet

  2  the educational and general criteria required of an

  3  undergraduate recipient and must also:

  4         1.  Hold a bachelor's degree from a college or

  5  university accredited by the Commission on Colleges of the

  6  Southern Association of Colleges and Schools, the American

  7  Physical Therapy Association, or the American Medical

  8  Association in collaboration with the American Occupational

  9  Therapy Association.

10         2.  Not already hold a teaching certificate or therapy

11  license resulting from an undergraduate degree in education or

12  therapy in an area of critical shortage as designated by the

13  State Board of Education.

14         3.  Not have received a forgivable loan from this

15  program at the undergraduate level.

16         (e)  Recipients of the Paul Douglas Teacher Scholarship

17  Loan Program as authorized under Title IV, part D, subpart 1

18  of the Higher Education Act of 1965, as amended, are not

19  eligible to participate in the Florida Critical Teacher

20  Shortage Forgivable Loan Program.

21         (f)  A forgivable loan must be repaid within 10 years

22  after completion of a program of studies.

23         1.  Credit for repayment of an undergraduate or

24  graduate forgivable loan shall be in an amount not to exceed

25  $4,000 in loan principal, plus applicable accrued interest,

26  for each full year of eligible teaching service. However,

27  credit in an amount not to exceed $8,000 in loan principal,

28  plus applicable accrued interest, shall be given for each full

29  year of eligible teaching service completed at a high-density,

30  low-economic urban school or at a low-density, low-economic

31  rural school, as identified by the State Board of Education.

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  1         2.  Any forgivable loan recipient who fails to teach in

  2  a publicly funded elementary or secondary school in this

  3  state, or a nonpublic school teaching any grades from K-12 in

  4  this state which is recognized by the Florida Association of

  5  Academic Nonpublic Schools, is responsible for repaying the

  6  loan plus accrued interest at 8 percent annually.

  7         3.  Forgivable loan recipients may receive loan

  8  repayment credit for teaching service rendered at any time

  9  during the scheduled repayment period. However, this repayment

10  credit is applicable only to the current principal and accrued

11  interest balance that remains at the time the repayment credit

12  is earned. A loan recipient may not be reimbursed for previous

13  cash payments of principal and interest.

14         (3)(a)  The grant program for teachers preparing for

15  exceptional student education is designed for teachers who:

16         1.  Hold a full-time contract to teach in a district

17  school system, a state-operated or state-supported program, or

18  an agency or organization under contract with the Department

19  of Education;

20         2.  Hold a valid Florida educator's certificate that

21  does not reflect an exceptional-student-education coverage or

22  endorsement that is appropriate for the teacher's assignment;

23  and

24         3.  Satisfactorily complete the eligible courses.

25         (b)  The Department of Education shall establish rates

26  to determine grant amounts.

27         (4)  The "Chappie" James Most Promising Teacher

28  Scholarship shall be offered to a top graduating senior from

29  each publicly funded secondary school in the state. An

30  additional number of "Chappie" James Most Promising Teacher

31  Scholarship awards shall be offered annually to graduating

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  1  seniors from nonpublic secondary schools in the state which

  2  are listed with the Department of Education and accredited by

  3  the Southern Association of Colleges and Schools or any other

  4  private statewide accrediting agency that makes public its

  5  standards, procedures, and member schools. The nonpublic

  6  secondary schools must be in compliance with regulations of

  7  the Office for Civil Rights. The number of awards to nonpublic

  8  secondary school students shall be proportional to the number

  9  of awards available to public secondary school students and

10  shall be calculated as the ratio of the number of nonpublic to

11  public secondary school seniors in the state multiplied by the

12  number of public secondary schools in the state.

13         (a)  The scholarship may be used for attendance at a

14  state university, a community college, or an independent

15  institution eligible for the William L. Boyd, IV, Florida

16  Resident Access Grant.

17         (b)  The amount of the scholarship is $1,500 and may be

18  renewed for 1 year if the student earns a 2.5 cumulative

19  grade-point average and 12 credit hours per term and meets the

20  eligibility requirements for renewal of the award.

21         (c)  To be eligible for the scholarship, a student must

22  be ranked within the top quartile of the senior class; have

23  been an active member of a high school future teacher

24  organization, if such organization exists in the student's

25  school; have earned a minimum unweighted cumulative

26  grade-point average of 3.0 on a 4.0 scale; file an application

27  within the application period; meet the general requirements

28  for student eligibility as provided in s. 240.404, except as

29  otherwise provided in this section; and have the intent to

30  enter the public teaching profession in this state.

31  

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  1         (d)  Three candidates from each public secondary school

  2  and one candidate from each nonpublic secondary school in this

  3  state shall be nominated by the principal and a committee of

  4  teachers, based on criteria that includes, but need not be

  5  limited to, rank in class, standardized test scores,

  6  cumulative grade-point average, extracurricular activities,

  7  letters of recommendation, an essay, and a declaration of

  8  intention to teach in a public school in this state.

  9         (e)  From public secondary school nominees, the

10  Commissioner of Education shall select a graduating senior

11  from each public high school to receive a scholarship.

12  Selection of recipients from nonpublic secondary schools shall

13  be made by a committee, appointed by the Commissioner of

14  Education, comprised of representatives from nonpublic

15  secondary schools and the Department of Education.

16         (f)  Fifteen percent of scholarships awarded shall be

17  to minority students. However, if fewer than 15 percent of the

18  total eligible nominees are minority students, the

19  commissioner may allocate all award funds as long as a

20  scholarship loan is reserved for each eligible minority

21  nominee.

22         (5)  The minority teacher education scholars program is

23  a collaborative performance-based scholarship program for

24  African-American, Hispanic-American, Asian-American, and

25  Native American students. The participants in the program

26  include the state's public community colleges and its public

27  and private universities that have teacher education programs.

28         (a)  The minority teacher education scholars program

29  provides an annual scholarship of $4,000 for each approved

30  minority teacher education scholar who is enrolled in one of

31  

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  1  the state's public or private universities in the junior year

  2  and is admitted into a teacher education program.

  3         (b)  To assist each participating education institution

  4  in recruiting and retaining minority teacher scholars, the

  5  administrators of the Florida Fund for Minority Teachers,

  6  Inc., shall implement a systemwide training program. The

  7  training program must include an annual conference or series

  8  of conferences for students who are in the program or who are

  9  identified by a high school or a community college as likely

10  candidates for the program. The training program must also

11  include research about and dissemination of information

12  concerning successful activities or programs that recruit

13  minority students for teacher education and retain them

14  through graduation, certification, and employment. Staff

15  employed by the corporation may work with each participating

16  education institution to assure that local faculty and

17  administrators receive the benefit of all available research

18  and resources to increase retention of their minority teacher

19  education scholars.

20         (c)  The total amount appropriated annually for new

21  scholarships in the program must be divided by $4,000 and by

22  the number of participating colleges and universities. Each

23  participating institution has access to the same number of

24  scholarships and may award all of them to eligible minority

25  students. If a college or university does not award all of its

26  scholarships by the date set by the program administration at

27  the Florida Fund for Minority Teachers, Inc., the remaining

28  scholarships must be transferred to another institution that

29  has eligible students.

30         (d)  A student may receive a scholarship from the

31  program for 3 consecutive years if the student remains

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  1  enrolled full-time in the program and makes satisfactory

  2  progress toward a baccalaureate degree with a major in

  3  education.

  4         (e)  If a minority teacher education scholar graduates

  5  and is employed as a teacher in a publicly funded school in

  6  this state, the scholar is not required to repay the

  7  scholarship amount so long as the scholar teaches in a

  8  publicly funded school. A scholar may repay the entire

  9  scholarship amount by remaining employed as a teacher for 1

10  year for each year he or she received the scholarship.

11         (f)  If a minority teacher education scholar does not

12  graduate within 3 years, or if the scholar graduates but does

13  not teach in a publicly funded school in this state, the

14  scholar must repay the total amount awarded, plus annual

15  interest of 8 percent.

16         1.  Interest begins accruing the first day of the 13th

17  month after the month in which the recipient completes an

18  approved teacher education program or after the month in which

19  enrollment as a full-time student is terminated. Interest does

20  not accrue during any period of deferment or eligible teaching

21  service.

22         2.  The repayment period begins the first day of the

23  13th month after the month in which the recipient completes an

24  approved teacher education program or after the month in which

25  enrollment as a full-time student is terminated.

26         3.  The terms and conditions of the scholarship

27  repayment must be contained in a promissory note and a

28  repayment schedule. The loan must be paid within 10 years

29  after the date of graduation or termination of full-time

30  enrollment, including any periods of deferment. A shorter

31  repayment period may be granted. The minimum monthly repayment

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  1  is $50 or the unpaid balance, unless otherwise approved,

  2  except that the monthly payment may not be less than the

  3  accruing interest. The recipient may prepay any part of the

  4  scholarship without penalty.

  5         4.  The holder of the promissory note may grant a

  6  deferment of repayment for a recipient who is a full-time

  7  student, who is unable to secure a teaching position that

  8  would qualify as repayment, who becomes disabled, or who

  9  experiences other hardships. Such a deferment may be granted

10  for a total of 24 months.

11         5.  If a student defaults on the scholarship, the

12  entire unpaid balance, including interest accrued, becomes due

13  and payable at the option of the holder of the promissory

14  note, or when the recipient is no longer able to pay or no

15  longer intends to pay. The recipient shall pay all reasonable

16  attorney's fees and other costs and charges necessary for

17  administering the collection process.

18         (g)  The Florida Fund for Minority Teachers, Inc.,

19  shall report annually to the Department of Education any data

20  required to respond to requests for information by the

21  Legislature or the public. The department may define the

22  required information, but may not require data other than what

23  is commonly reported in the annual financial aid report for

24  other state-funded student assistance programs.

25         Section 180.  Sections 240.4063, 240.4064, and

26  240.4065, Florida Statutes, are repealed.

27         Section 181.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.4067,

29  Florida Statutes, shall not stand repealed January 7, 2003, as

30  scheduled by that law, but that section is reenacted to read:

31  

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  1         240.4067  Medical Education Reimbursement and Loan

  2  Repayment Program.--

  3         (1)  To encourage qualified medical professionals to

  4  practice in underserved locations where there are shortages of

  5  such personnel, there is established the Medical Education

  6  Reimbursement and Loan Repayment Program. The function of the

  7  program is to make payments that offset loans and educational

  8  expenses incurred by students for studies leading to a medical

  9  or nursing degree, medical or nursing licensure, or advanced

10  registered nurse practitioner certification or physician

11  assistant licensure. The following licensed or certified

12  health care professionals are eligible to participate in this

13  program: medical doctors with primary care specialties,

14  doctors of osteopathic medicine with primary care specialties,

15  physician's assistants, licensed practical nurses and

16  registered nurses, and advanced registered nurse practitioners

17  with primary care specialties such as certified nurse

18  midwives. Primary care medical specialties for physicians

19  include obstetrics, gynecology, general and family practice,

20  internal medicine, pediatrics, and other specialties which may

21  be identified by the Department of Health.

22         (2)  From the funds available, the Department of Health

23  shall make payments to selected medical professionals as

24  follows:

25         (a)  Up to $4,000 per year for licensed practical

26  nurses and registered nurses, up to $10,000 per year for

27  advanced registered nurse practitioners and physician's

28  assistants, and up to $20,000 per year for physicians.

29  Penalties for noncompliance shall be the same as those in the

30  National Health Services Corps Loan Repayment Program.

31  Educational expenses include costs for tuition, matriculation,

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  1  registration, books, laboratory and other fees, other

  2  educational costs, and reasonable living expenses as

  3  determined by the Department of Health.

  4         (b)  All payments shall be contingent on continued

  5  proof of primary care practice in an area defined in s.

  6  395.602(2)(e), or an underserved area designated by the

  7  Department of Health, provided the practitioner accepts

  8  Medicaid reimbursement if eligible for such reimbursement.

  9  Correctional facilities, state hospitals, and other state

10  institutions that employ medical personnel shall be designated

11  by the Department of Health as underserved locations.

12  Locations with high incidences of infant mortality, high

13  morbidity, or low Medicaid participation by health care

14  professionals may be designated as underserved.

15         (c)  The Department of Health may use funds

16  appropriated for the Medical Education Reimbursement and Loan

17  Repayment Program as matching funds for federal loan repayment

18  programs such as the National Health Service Corps State Loan

19  Repayment Program.

20         (3)  The Department of Health may adopt any rules

21  necessary for the administration of the Medical Education

22  Reimbursement and Loan Repayment Program. The department may

23  also solicit technical advice regarding conduct of the program

24  from the Department of Education and Florida universities and

25  community colleges.  The Department of Health shall submit a

26  budget request for an amount sufficient to fund medical

27  education reimbursement, loan repayments, and program

28  administration.

29         Section 182.  Section 240.40685, Florida Statutes, is

30  repealed.

31  

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  1         Section 183.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.4069,

  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         240.4069  Virgil Hawkins Fellows Assistance Program.--

  7         (1)  The Virgil Hawkins Fellows Assistance Program

  8  shall provide financial assistance for study in law to

  9  minority students at the public law schools in this state

10  Florida State University College of Law and minority students

11  at the University of Florida College of Law.  For the purposes

12  of this section, a minority student qualified to receive

13  assistance from the Virgil Hawkins Fellows Assistance Program

14  shall be identified pursuant to policies adopted by the State

15  Board of Education Regents.

16         (2)  Each student who is awarded a fellowship may shall

17  be entitled to receive an award under this section act for

18  each academic term that the student is in good standing as

19  approved by the Board of Regents' Office for Equal Opportunity

20  Programs within the Division of Colleges and Universities and

21  the dean at the law school Florida State University College of

22  Law or at the University of Florida College of Law.

23         (3)  If a fellowship vacancy occurs, that slot shall be

24  reassigned and funded as a continuing fellowship for the

25  remainder of the period for which the award was originally

26  designated.

27         (4)  The State Board of Education Regents shall adopt

28  policies and the Division of Colleges and Universities shall

29  administer the Virgil Hawkins Fellows Assistance Program.

30         Section 184.  Notwithstanding subsection (7) of section

31  3 of chapter 2000-321, Laws of Florida, section 240.4075,

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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         240.4075  Nursing Student Loan Forgiveness Program.--

  4         (1)  To encourage qualified personnel to seek

  5  employment in areas of this state in which critical nursing

  6  shortages exist, there is established the Nursing Student Loan

  7  Forgiveness Program.  The primary function of the program is

  8  to increase employment and retention of registered nurses and

  9  licensed practical nurses in nursing homes and hospitals in

10  the state and in state-operated medical and health care

11  facilities, public schools, birth centers, federally sponsored

12  community health centers, family practice teaching hospitals,

13  and specialty children's hospitals by making repayments toward

14  loans received by students from federal or state programs or

15  commercial lending institutions for the support of

16  postsecondary study in accredited or approved nursing

17  programs.

18         (2)  To be eligible, a candidate must have graduated

19  from an accredited or approved nursing program and have

20  received a Florida license as a licensed practical nurse or a

21  registered nurse or a Florida certificate as an advanced

22  registered nurse practitioner.

23         (3)  Only loans to pay the costs of tuition, books, and

24  living expenses shall be covered, at an amount not to exceed

25  $4,000 for each year of education towards the degree obtained.

26         (4)  Receipt of funds pursuant to this program shall be

27  contingent upon continued proof of employment in the

28  designated facilities in this state. Loan principal payments

29  shall be made by the Department of Health directly to the

30  federal or state programs or commercial lending institutions

31  holding the loan as follows:

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  1         (a)  Twenty-five percent of the loan principal and

  2  accrued interest shall be retired after the first year of

  3  nursing;

  4         (b)  Fifty percent of the loan principal and accrued

  5  interest shall be retired after the second year of nursing;

  6         (c)  Seventy-five percent of the loan principal and

  7  accrued interest shall be retired after the third year of

  8  nursing; and

  9         (d)  The remaining loan principal and accrued interest

10  shall be retired after the fourth year of nursing.

11  

12  In no case may payment for any nurse exceed $4,000 in any

13  12-month period.

14         (5)  There is created the Nursing Student Loan

15  Forgiveness Trust Fund to be administered by the Department of

16  Health pursuant to this section and s. 240.4076 and department

17  rules.  The Comptroller shall authorize expenditures from the

18  trust fund upon receipt of vouchers approved by the Department

19  of Health. All moneys collected from the private health care

20  industry and other private sources for the purposes of this

21  section shall be deposited into the Nursing Student Loan

22  Forgiveness Trust Fund. Any balance in the trust fund at the

23  end of any fiscal year shall remain therein and shall be

24  available for carrying out the purposes of this section and s.

25  240.4076.

26         (6)  In addition to licensing fees imposed under part I

27  of chapter 464, there is hereby levied and imposed an

28  additional fee of $5, which fee shall be paid upon licensure

29  or renewal of nursing licensure. Revenues collected from the

30  fee imposed in this subsection shall be deposited in the

31  Nursing Student Loan Forgiveness Trust Fund of the Department

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  1  of Health and will be used solely for the purpose of carrying

  2  out the provisions of this section and s. 240.4076. Up to 50

  3  percent of the revenues appropriated to implement this

  4  subsection may be used for the nursing scholarship program

  5  established pursuant to s. 240.4076.

  6         (7)

  7         (a)  Funds contained in the Nursing Student Loan

  8  Forgiveness Trust Fund which are to be used for loan

  9  forgiveness for those nurses employed by hospitals, birth

10  centers, and nursing homes must be matched on a

11  dollar-for-dollar basis by contributions from the employing

12  institutions, except that this provision shall not apply to

13  state-operated medical and health care facilities, public

14  schools, county health departments, federally sponsored

15  community health centers, teaching hospitals as defined in s.

16  408.07, family practice teaching hospitals as defined in s.

17  395.805, or specialty hospitals for children as used in s.

18  409.9119. If in any given fiscal quarter there are

19  insufficient funds in the trust fund to grant all eligible

20  applicant requests, awards shall be based on the following

21  priority of employer:  county health departments; federally

22  sponsored community health centers; state-operated medical and

23  health care facilities; public schools; teaching hospitals as

24  defined in s. 408.07; family practice teaching hospitals as

25  defined in s. 395.805; specialty hospitals for children as

26  used in s. 409.9119; and other hospitals, birth centers, and

27  nursing homes.

28         (b)  All Nursing Student Loan Forgiveness Trust Fund

29  moneys shall be invested pursuant to s. 18.125.  Interest

30  income accruing to that portion of the trust fund not matched

31  shall increase the total funds available for loan forgiveness

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  1  and scholarships. Pledged contributions shall not be eligible

  2  for matching prior to the actual collection of the total

  3  private contribution for the year.

  4         (8)  The Department of Health may solicit technical

  5  assistance relating to the conduct of this program from the

  6  Department of Education.

  7         (9)  The Department of Health is authorized to recover

  8  from the Nursing Student Loan Forgiveness Trust Fund its costs

  9  for administering the Nursing Student Loan Forgiveness

10  Program.

11         (10)  The Department of Health may adopt rules

12  necessary to administer this program.

13         (11)  This section shall be implemented only as

14  specifically funded.

15         Section 185.  Notwithstanding subsection (7) of section

16  3 of chapter 2000-321, Laws of Florida, section 240.4076,

17  Florida Statutes, shall not stand repealed January 7, 2003, as

18  scheduled by that law, but that section is reenacted to read:

19         240.4076  Nursing scholarship program.--

20         (1)  There is established within the Department of

21  Health a scholarship program for the purpose of attracting

22  capable and promising students to the nursing profession.

23         (2)  A scholarship applicant shall be enrolled as a

24  full-time or part-time student in the upper division of an

25  approved nursing program leading to the award of a

26  baccalaureate degree or graduate degree to qualify for a

27  nursing faculty position or as an advanced registered nurse

28  practitioner or be enrolled as a full-time or part-time

29  student in an approved program leading to the award of an

30  associate degree in nursing.

31  

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  1         (3)  A scholarship may be awarded for no more than 2

  2  years, in an amount not to exceed $8,000 per year. However,

  3  registered nurses pursuing a graduate degree for a faculty

  4  position or to practice as an advanced registered nurse

  5  practitioner may receive up to $12,000 per year. Beginning

  6  July 1, 1998, these amounts shall be adjusted by the amount of

  7  increase or decrease in the consumer price index for urban

  8  consumers published by the United States Department of

  9  Commerce.

10         (4)  Credit for repayment of a scholarship shall be as

11  follows:

12         (a)  For each full year of scholarship assistance, the

13  recipient agrees to work for 12 months in a faculty position

14  in a college of nursing or community college nursing program

15  in this state or at a health care facility in a medically

16  underserved area as approved by the Department of Health.

17  Scholarship recipients who attend school on a part-time basis

18  shall have their employment service obligation prorated in

19  proportion to the amount of scholarship payments received.

20         (b)  Eligible health care facilities include nursing

21  homes and hospitals in this state, state-operated medical or

22  health care facilities, public schools, county health

23  departments, federally sponsored community health centers,

24  colleges of nursing in universities in this state, and

25  community college nursing programs in this state, family

26  practice teaching hospitals as defined in s. 395.805, or

27  specialty children's hospitals as described in s. 409.9119.

28  The recipient shall be encouraged to complete the service

29  obligation at a single employment site. If continuous

30  employment at the same site is not feasible, the recipient may

31  

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  1  apply to the department for a transfer to another approved

  2  health care facility.

  3         (c)  Any recipient who does not complete an appropriate

  4  program of studies or who does not become licensed shall repay

  5  to the Department of Health, on a schedule to be determined by

  6  the department, the entire amount of the scholarship plus 18

  7  percent interest accruing from the date of the scholarship

  8  payment. Moneys repaid shall be deposited into the Nursing

  9  Student Loan Forgiveness Trust Fund established in s.

10  240.4075.  However, the department may provide additional time

11  for repayment if the department finds that circumstances

12  beyond the control of the recipient caused or contributed to

13  the default.

14         (d)  Any recipient who does not accept employment as a

15  nurse at an approved health care facility or who does not

16  complete 12 months of approved employment for each year of

17  scholarship assistance received shall repay to the Department

18  of Health an amount equal to two times the entire amount of

19  the scholarship plus interest accruing from the date of the

20  scholarship payment at the maximum allowable interest rate

21  permitted by law.  Repayment shall be made within 1 year of

22  notice that the recipient is considered to be in default.

23  However, the department may provide additional time for

24  repayment if the department finds that circumstances beyond

25  the control of the recipient caused or contributed to the

26  default.

27         (5)  Scholarship payments shall be transmitted to the

28  recipient upon receipt of documentation that the recipient is

29  enrolled in an approved nursing program. The Department of

30  Health shall develop a formula to prorate payments to

31  

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  1  scholarship recipients so as not to exceed the maximum amount

  2  per academic year.

  3         (6)  The Department of Health shall adopt rules,

  4  including rules to address extraordinary circumstances that

  5  may cause a recipient to default on either the school

  6  enrollment or employment contractual agreement, to implement

  7  this section and may solicit technical assistance relating to

  8  the conduct of this program from the Department of Health.

  9         (7)  The Department of Health is authorized to recover

10  from the Nursing Student Loan Forgiveness Trust Fund its costs

11  for administering the nursing scholarship program.

12         Section 186.  Section 240.4082, Florida Statutes, is

13  repealed.

14         Section 187.  Notwithstanding subsection (7) of section

15  3 of chapter 2000-321, Laws of Florida, section 240.409,

16  Florida Statutes, shall not stand repealed January 7, 2003, as

17  scheduled by that law, but that section is reenacted and

18  amended to read:

19         (Substantial rewording of section. See

20         s. 240.409, F.S., for present text.)

21         240.409  Florida Student Assistance Grant Program;

22  eligibility for grants.--

23         (1)  The Florida Student Assistance Grant Program is

24  for full-time degree-seeking students who meet the general

25  requirements for student eligibility provided in s. 240.404. A

26  student is eligible to receive the award for not more than 110

27  percent of the length of the program in which the student is

28  enrolled. The program consists of three components, which

29  shall be administered according to rules of the State Board of

30  Education. A student may not simultaneously receive an award

31  from more than one component of the program.

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  1         (a)  The Florida Public Student Assistance Grant

  2  Program shall be administered by public universities,

  3  colleges, and community colleges in this state.

  4         (b)  The Florida Private Student Assistance Grant

  5  Program shall be administered by nonpublic postsecondary

  6  education institutions that are under the jurisdiction of the

  7  Division of Colleges and Universities within the Department of

  8  Education and that are baccalaureate-degree-granting nonprofit

  9  colleges or universities, accredited by the Commission on

10  Colleges of the Southern Association of Colleges and Schools,

11  and located in and chartered as domestic corporations in this

12  state.

13         (c)  The Florida Postsecondary Student Assistance Grant

14  Program shall be administered by nonpublic institutions that

15  are located in this state and that:

16         1.  Offer a nursing diploma and are approved by the

17  Board of Nursing; or

18         2.  Are under the jurisdiction of the Commission for

19  Independent Education and are licensed or otherwise authorized

20  without restriction to grant degrees above the specialized

21  associate degree level.

22         (2)(a)  Student assistance grants through the program

23  shall be awarded annually for the amount of demonstrated unmet

24  need for the cost of education, or as specified in the General

25  Appropriations Act. However, a grant to a recipient enrolled

26  in a public postsecondary education institution may not exceed

27  the average prior academic-year cost of matriculation fees and

28  other registration fees for 30 credit hours at state

29  universities, and a grant to a recipient enrolled in a

30  nonpublic postsecondary education institution may exceed that

31  average by not more than $1,000. A student whose demonstrated

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  1  unmet need is less than $200 is ineligible for a student

  2  assistance grant. A student is eligible for the award for 110

  3  percent of the number of credit hours required to complete the

  4  program, except as provided by law for students in 5-year

  5  undergraduate programs or for students who require additional

  6  time to complete college preparatory coursework or prepare for

  7  the College Level Academic Skills Test.

  8         (b)  An applicant for a student assistance grant must

  9  apply for the Pell Grant. The institution shall consider the

10  the student's entitlement to the Pell Grant when assessing the

11  financial resources available to each student.

12         (c)  Students with the lowest total family resources

13  have priority in the distribution of grant funds. Institutions

14  must use a nationally recognized system of need analysis to

15  determine the student needs, and an institution may not make a

16  grant to a student whose expected family contribution exceeds

17  the level established by the department. An institution may

18  not impose additional criteria to determine a student's

19  eligibility to receive a grant award.

20         (d)  Each participating institution shall report to the

21  department, by the established date, the eligible students to

22  whom grant moneys are disbursed each academic term. Each

23  institution shall also report to the department necessary

24  demographic and eligibility data concerning the recipients.

25         (3)  Based on the unmet financial need of an eligible

26  applicant, the amount of a student assistance grant must be

27  between $200 and the weighted average of the cost of

28  matriculation and other registration fees for 30 credit hours

29  at state universities per academic year or the amount

30  specified in the General Appropriations Act.

31  

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  1         (4)(a)  The funds appropriated for each component of

  2  the Florida Student Assistance Grant Program shall be

  3  distributed to eligible institutions in accordance with a

  4  formula recommended by the Department of Education's Florida

  5  Advisory Council for State-Funded Student Assistance and

  6  reviewed by the Council for Education Policy Research and

  7  Improvement, the Division of Colleges and Universities, and

  8  the Division of Community Colleges. The formula must consider

  9  at least the prior year's distribution of funds for students

10  in each sector, the number of full-time eligible applicants

11  who did not receive awards, the standardization of the

12  expected family contribution, and provisions for unused funds.

13         (b)  Payment of student assistance grants shall be

14  transmitted to the president of the college, university, or

15  community college, or to his or her representative, in advance

16  of the registration period. Institutions shall notify students

17  of the amount of their awards.

18         (c)  By the end of the regular registration period,

19  including any drop-add period, an institution must determine

20  the eligibility status of each applicant. Institutions are not

21  required to reevaluate a student's eligibility status after

22  this date for purposes of changing eligibility determinations

23  previously made.

24         (d)  Institutions shall certify to the department the

25  amount of funds disbursed to each student and shall remit to

26  the department any undisbursed advances by June 1 of each

27  year.

28         (5)  Funds appropriated by the Legislature for student

29  assistance grants shall be deposited in the State Student

30  Financial Assistance Trust Fund. Notwithstanding s. 216.301

31  and pursuant to s. 216.351, any balance in the trust fund at

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  1  the end of any fiscal year which has been allocated to the

  2  Florida Student Assistance Grant Program shall remain in the

  3  trust fund and shall be available for carrying out the

  4  purposes of this section.

  5         (6)  The State Board of Education shall adopt rules

  6  necessary to administer this section.

  7         Section 188.  Sections 240.4095 and 240.4097, Florida

  8  Statutes, are repealed.

  9         Section 189.  Notwithstanding subsection (7) of section

10  3 of chapter 2000-321, Laws of Florida, section 240.4098,

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         240.4098  State-funded State student financial

15  assistance; authorization for use in program of study in

16  another state or foreign country.--A student who is enrolled

17  in a public or private college or university in this state may

18  apply state-funded state student financial assistance towards

19  the cost of a program of study in another state or a foreign

20  country for a period of up to 1 year, if the program of study

21  is offered or promoted by the Florida institution as an

22  integral part of the academic studies of that degree-seeking

23  student or as a program that would enhance the student's

24  academic experience.  This program must be approved by the

25  president of the public or private college or university in

26  this state or by his or her designee; however, private,

27  postsecondary Florida institutions with out-of-state

28  subsidiary institutions are not authorized to make Florida

29  residents attending their out-of-state subsidiary institutions

30  eligible for Florida financial assistance.

31  

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  1         Section 190.  Section 240.40985, Florida Statutes, is

  2  repealed.

  3         Section 191.  Notwithstanding subsection (7) of section

  4  3 of chapter 2000-321, Laws of Florida, section 240.412,

  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         240.412  Jose Marti Scholarship Challenge Grant

  9  Program.--

10         (1)  There is hereby established a Jose Marti

11  Scholarship Challenge Grant Program to be administered by the

12  Department of Education pursuant to this section and rules of

13  the State Board of Education.  The program shall provide

14  matching grants for private sources that raise money for

15  scholarships to be awarded to Hispanic-American students.

16         (2)  Funds appropriated by the Legislature for the

17  program shall be deposited in the State Student Financial

18  Assistance Trust Fund. The Comptroller shall authorize

19  expenditures from the trust fund upon receipt of vouchers

20  approved by the Department of Education.  All moneys collected

21  from private sources for the purposes of this section shall be

22  deposited into the trust fund. Any balance in the trust fund

23  at the end of any fiscal year that has been allocated to the

24  program shall remain therein and shall be available for

25  carrying out the purposes of the program.

26         (3)  The Legislature shall designate funds to be

27  transferred to the trust fund for the program from the General

28  Revenue Fund.  Such funds shall be divided into challenge

29  grants to be administered by the Department of Education.  All

30  appropriated funds deposited into the trust fund for the

31  program shall be invested pursuant to the provisions of s.

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  1  18.125. Interest income accruing to that portion of the funds

  2  that are allocated to the program in the trust fund and not

  3  matched shall increase the total funds available for the

  4  program.

  5         (4)  The amount appropriated to the trust fund for the

  6  program shall be allocated by the department on the basis of

  7  one $5,000 challenge grant for each $2,500 raised from private

  8  sources. Matching funds shall be generated through

  9  contributions made after July 1, 1986, and pledged for the

10  purposes of this section.  Pledged contributions shall not be

11  eligible for matching prior to the actual collection of the

12  total funds.

13         (5)(a)  In order to be eligible to receive a

14  scholarship pursuant to this section, an applicant shall:

15         1.  Be a Hispanic-American, or a person of Spanish

16  culture with origins in Mexico, South America, Central

17  America, or the Caribbean, regardless of race.

18         2.  Be a citizen of the United States and meet the

19  general requirements for student eligibility as provided in s.

20  240.404, except as otherwise provided in this section.

21         3.  Be accepted at a state university or community

22  college or any Florida college or university that is

23  accredited by an association whose standards are comparable to

24  the minimum standards required to operate a postsecondary

25  education institution at that level in this state accredited

26  by a member of the Commission on Recognition of Postsecondary

27  Accreditation the credits of which are acceptable without

28  qualification for transfer to state universities.

29         4.  Enroll as a full-time undergraduate or graduate

30  student.

31  

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  1         5.  Earn a 3.0 unweighted grade point average on a 4.0

  2  scale, or the equivalent for high school subjects creditable

  3  toward a diploma. If an applicant applies as a graduate

  4  student, he or she shall have earned a 3.0 cumulative grade

  5  point average for undergraduate college-level courses.

  6         (b)  In order to renew a scholarship awarded pursuant

  7  to this section, a student must:

  8         1.  Earn a grade point average of at least 3.0 on a 4.0

  9  scale for the previous term, maintain at least a 3.0 average

10  for college work, or have an average below 3.0 only for the

11  previous term and be eligible for continued enrollment at the

12  institution.

13         2.  Maintain full-time enrollment.

14         (6)  The annual scholarship to each recipient shall be

15  $2,000. Priority in the distribution of scholarships shall be

16  given to students with the lowest total family resources.

17  Renewal scholarships shall take precedence over new awards in

18  any year in which funds are not sufficient to meet the total

19  need.  No undergraduate student shall receive an award for

20  more than the equivalent of 8 semesters or 12 quarters over a

21  period of no more than 6 consecutive years, except as

22  otherwise provided in s. 240.404(3).  No graduate student

23  shall receive an award for more than the equivalent of 4

24  semesters or 6 quarters.

25         (7)  The criteria and procedure for establishing

26  standards of eligibility shall be determined by the

27  department. The department is directed to establish a rating

28  system upon which to base the approval of grants.  Such system

29  shall include a certification of acceptability by the

30  postsecondary institution of the applicant's choice.

31  

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  1         (8)  Payment of scholarships shall be transmitted to

  2  the president of the postsecondary institution that the

  3  recipient is attending or to the president's designee.  Should

  4  a recipient terminate his or her enrollment during the

  5  academic year, the president or his or her designee shall

  6  refund the unused portion of the scholarship to the department

  7  within 60 days.  In the event that a recipient transfers from

  8  one eligible institution to another, his or her scholarship

  9  shall be transferable upon approval of the department.

10         (9)  This section shall be implemented during the

11  1986-1987 academic year and thereafter to the extent funded

12  and authorized by law.

13         Section 192.  Notwithstanding subsection (7) of section

14  3 of chapter 2000-321, Laws of Florida, section 240.4125,

15  Florida Statutes, shall not stand repealed January 7, 2003, as

16  scheduled by that law, but that section is reenacted to read:

17         240.4125  Mary McLeod Bethune Scholarship Program.--

18         (1)  There is established the Mary McLeod Bethune

19  Scholarship Program to be administered by the Department of

20  Education pursuant to this section and rules of the State

21  Board of Education. The program shall provide matching grants

22  for private sources that raise money for scholarships to be

23  awarded to students who attend Florida Agricultural and

24  Mechanical University, Bethune-Cookman College, Edward Waters

25  College, or Florida Memorial College.

26         (2)  Funds appropriated by the Legislature for the

27  program shall be deposited in the State Student Financial

28  Assistance Trust Fund. The Comptroller shall authorize

29  expenditures from the trust fund upon receipt of vouchers

30  approved by the Department of Education.  The Department of

31  Education shall receive all moneys collected from private

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  1  sources for the purposes of this section and shall deposit

  2  such moneys into the trust fund. Notwithstanding the

  3  provisions of s. 216.301 and pursuant to s. 216.351, any

  4  balance in the trust fund at the end of any fiscal year that

  5  has been allocated to the program shall remain in the trust

  6  fund and shall be available for carrying out the purposes of

  7  the program.

  8         (3)  The Legislature shall appropriate moneys to the

  9  trust fund for the program from the General Revenue Fund. Such

10  moneys shall be applied to scholarships to be administered by

11  the Department of Education.  All moneys deposited into the

12  trust fund for the program shall be invested pursuant to the

13  provisions of s. 18.125.  Interest income accruing to the

14  program shall be expended to increase the total moneys

15  available for scholarships.

16         (4)  The moneys in the trust fund for the program shall

17  be allocated by the department among the institutions of

18  higher education listed in subsection (1) on the basis of one

19  $2,000 challenge grant for each $1,000 raised from private

20  sources. Matching funds shall be generated through

21  contributions made after July 1, 1990, and pledged for the

22  purposes of this section. Pledged contributions shall not be

23  eligible for matching prior to the actual collection of the

24  total funds.  The department shall allocate to each of those

25  institutions a proportionate share of the contributions

26  received on behalf of those institutions and a share of the

27  appropriations and matching funds generated by such

28  institution.

29         (5)(a)  In order to be eligible to receive a

30  scholarship pursuant to this section, an applicant must:

31  

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  1         1.  Meet the general eligibility requirements set forth

  2  in s. 240.404.

  3         2.  Be a resident for tuition purposes pursuant to s.

  4  240.1201.

  5         3.  Be accepted at Florida Agricultural and Mechanical

  6  University, Bethune-Cookman College, Edward Waters College, or

  7  Florida Memorial College.

  8         4.  Enroll as a full-time undergraduate student.

  9         5.  Earn a 3.0 grade point average on a 4.0 scale, or

10  the equivalent, for high school subjects creditable toward a

11  diploma.

12         (b)  In order to renew a scholarship awarded pursuant

13  to this section, a student must earn a minimum cumulative

14  grade point average of 3.0 on a 4.0 scale and complete 12

15  credits each term for which the student received the

16  scholarship.

17         (6)  The amount of the scholarship to be granted to

18  each recipient is $3,000 annually.  Priority in the awarding

19  of scholarships shall be given to students having financial

20  need as determined by the institution. If funds are

21  insufficient to provide the full amount of the scholarship

22  authorized in this section to each eligible applicant, the

23  institution may prorate available funds and make a partial

24  award to each eligible applicant. A student may not receive an

25  award for more than the equivalent of 8 semesters or 12

26  quarters over a period of 6 consecutive years, except that a

27  student who is participating in college-preparatory

28  instruction or who requires additional time to complete the

29  college-level communication and computation skills testing

30  program may continue to receive a scholarship while enrolled

31  

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  1  for the purpose of receiving college-preparatory instruction

  2  or while completing the testing program.

  3         (7)  The criteria and procedure for establishing

  4  standards of eligibility shall be determined by the

  5  department.  The department shall establish a rating system

  6  upon which the institutions shall award the scholarships.  The

  7  system must require a certification of eligibility issued by

  8  the postsecondary institution selected by the applicant.

  9         (8)  Scholarship moneys shall be transmitted to the

10  president or the president's designee of the postsecondary

11  institution that the recipient is attending. The president or

12  his or her designee shall submit a report annually to the

13  Department of Education on the scholarships. If a recipient

14  terminates his or her enrollment during the academic year, the

15  president or his or her designee shall refund the unused

16  portion of the scholarship to the department within 60 days.

17  If a recipient transfers from one of the institutions listed

18  in subsection (1) to another of those institutions, the

19  recipient's scholarship is transferable upon approval of the

20  department.

21         (9)  This section shall be implemented in any academic

22  year to the extent funded and authorized by law.

23         (10)  The State Board of Education may adopt any rules

24  necessary to implement the provisions of this section.

25         Section 193.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.4126,

27  Florida Statutes, shall not stand repealed January 7, 2003, as

28  scheduled by that law, but, effective July 1, 2002, that

29  section is reenacted and amended to read:

30         240.4126  Rosewood Family Scholarship Program.--

31  

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  1         (1)  There is created a Rosewood Family Scholarship

  2  Program for minority persons with preference given to the

  3  direct descendants of the Rosewood families, not to exceed 25

  4  scholarships per year. However, if more than 25 eligible

  5  applicants are direct descendants of Rosewood families, the

  6  department shall equitably disburse funds available to each of

  7  them. Funds appropriated by the Legislature for the program

  8  shall be deposited in the State Student Financial Assistance

  9  Trust Fund.

10         (2)  The Rosewood Family Scholarship Program shall be

11  administered by the Department of Education.  The State Board

12  of Education shall adopt rules for administering this program

13  which shall at a minimum provide for the following:

14         (a)  The annual award to a student shall be up to

15  $4,000 but should not exceed an amount in excess of tuition

16  and registration fees.

17         (b)  If funds are insufficient to provide a full

18  scholarship to each eligible applicant, the department may

19  prorate available funds and make a partial award to each

20  eligible applicant.

21         (c)  The department shall rank eligible initial

22  applicants for the purposes of awarding scholarships with

23  preference being given to the direct descendants of the

24  Rosewood families. The remaining applicants shall be ranked

25  based on need as determined by the Department of Education.

26         (d)  Payment of an award shall be transmitted in

27  advance of the registration period each semester on behalf of

28  the student to the president of the university or community

29  college, or his or her representative, or to the director of

30  the area vocational-technical school which the recipient is

31  attending.

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  1         (3)  Beginning with the 1994-1995 academic year, The

  2  department may is authorized to make awards for undergraduate

  3  study to students who:

  4         (a)  Meet the general requirements for student

  5  eligibility as provided in s. 240.404, except as otherwise

  6  provided in this section;

  7         (b)  File an application for the scholarship within the

  8  established time limits; and

  9         (c)  Enroll as certificate-seeking or degree-seeking

10  students at a public university, community college, or area

11  vocational-technical school authorized by law.

12         Section 194.  Notwithstanding subsection (7) of section

13  3 of chapter 2000-321, Laws of Florida, section 240.4128,

14  Florida Statutes, shall not stand repealed January 7, 2003, as

15  scheduled by that law, but that section is reenacted to read:

16         240.4128  Minority teacher education scholars

17  program.--There is created the minority teacher education

18  scholars program, which is a collaborative performance-based

19  scholarship program for African-American, Hispanic-American,

20  Asian-American, and Native American students. The participants

21  in the program include Florida's public community colleges and

22  its public and private universities that have teacher

23  education programs.

24         (1)  The minority teacher education scholars program

25  shall provide an annual scholarship of $4,000 for each

26  approved minority teacher education scholar who is enrolled in

27  one of Florida's public or private universities in the junior

28  year and is admitted into a teacher education program.

29         (2)  To assist each participating education institution

30  in the recruitment and retention of minority teacher scholars,

31  the administrators of the Florida Fund for Minority Teachers,

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  1  Inc., shall implement a systemwide training program. The

  2  training program must include an annual conference or series

  3  of conferences for students who are in the program or who are

  4  identified by a high school or a community college as likely

  5  candidates for the program. The training program must also

  6  include research about and dissemination concerning successful

  7  activities or programs that recruit minority students for

  8  teacher education and retain them through graduation,

  9  certification, and employment. Staff employed by the

10  corporation may work with each participating education

11  institution to assure that local faculty and administrators

12  receive the benefit of all available research and resources to

13  increase retention of their minority teacher education

14  scholars.

15         (3)  The total amount appropriated annually for new

16  scholarships in the program must be divided by $4,000 and by

17  the number of participating colleges and universities. Each

18  participating institution has access to the same number of

19  scholarships and may award all of them to eligible minority

20  students. If a college or university does not award all of its

21  scholarships by the date set by the program administration at

22  the Florida Fund for Minority Teachers, Inc., the remaining

23  scholarships must be transferred to another institution that

24  has eligible students.

25         (4)  A student may receive a scholarship from the

26  program for 3 consecutive years if the student remains

27  enrolled full-time in the program and makes satisfactory

28  progress toward a baccalaureate degree with a major in

29  education.

30         (5)  If a minority teacher education scholar graduates

31  and is employed as a teacher by a Florida district school

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  1  board, the scholar is not required to repay the scholarship

  2  amount so long as the scholar teaches in a Florida public

  3  school. A scholar may repay the entire scholarship amount by

  4  remaining employed as a Florida public school teacher for 1

  5  year for each year he or she received the scholarship.

  6         (6)  If a minority teacher education scholar does not

  7  graduate within 3 years, or if the scholar graduates but does

  8  not teach in a Florida public school, the scholar must repay

  9  the total amount awarded, plus annual interest of 8 percent.

10         (a)  Interest begins accruing the first day of the 13th

11  month after the month in which the recipient completes an

12  approved teacher education program or after the month in which

13  enrollment as a full-time student is terminated. Interest does

14  not accrue during any period of deferment or eligible teaching

15  service.

16         (b)  The repayment period begins the first day of the

17  13th month after the month in which the recipient completes an

18  approved teacher education program or after the month in which

19  enrollment as a full-time student is terminated.

20         (c)  The terms and conditions of the scholarship

21  repayment must be contained in a promissory note and a

22  repayment schedule. The loan must be paid within 10 years

23  after the date of graduation or termination of full-time

24  enrollment, including any periods of deferment. A shorter

25  repayment period may be granted. The minimum monthly repayment

26  is $50 or the unpaid balance, unless otherwise approved,

27  except that the monthly payment may not be less than the

28  accruing interest. The recipient may prepay any part of the

29  scholarship without penalty.

30         (d)  The holder of the promissory note may grant a

31  deferment of repayment for a recipient who is a full-time

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  1  student, who is unable to secure a teaching position that

  2  would qualify as repayment, who becomes disabled, or who

  3  experiences other hardships. Such a deferment may be granted

  4  for a total of 24 months.

  5         (e)  If a student defaults on the scholarship, the

  6  entire unpaid balance, including interest accrued, becomes due

  7  and payable at the option of the holder of the promissory

  8  note, or when the recipient is no longer able to pay or no

  9  longer intends to pay. The recipient is responsible for paying

10  all reasonable attorney's fees and other costs and charges

11  necessary for administration of the collection process.

12         Section 195.  Notwithstanding subsection (7) of section

13  3 of chapter 2000-321, Laws of Florida, section 240.4129,

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         240.4129  Florida Fund for Minority Teachers, Inc.--

18         (1)  There is created the Florida Fund for Minority

19  Teachers, Inc., which is a not-for-profit statutory

20  corporation housed in the College of Education at the

21  University of Florida. The corporation shall administer and

22  manage the minority teacher education scholars program.

23         (2)  The corporation shall submit an annual budget

24  projection to the Department of Education to be included in

25  the annual legislative budget request. The projection must be

26  based on a 7-year plan that would be capable of awarding the

27  following schedule of scholarships:

28         (a)  In the initial year, 700 scholarships of $4,000

29  each to scholars in the junior year of college.

30  

31  

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  1         (b)  In the second year, 350 scholarships to new

  2  scholars in their junior year and 700 renewal scholarships to

  3  the rising seniors.

  4         (c)  In each succeeding year, 350 scholarships to new

  5  scholars in the junior year and renewal scholarships to the

  6  350 rising seniors.

  7         (3)  A board of directors shall administer the

  8  corporation. The Governor shall appoint to the board at least

  9  15 but not more than 25 members, who shall serve terms of 3

10  years, except that 4 of the initial members shall serve 1-year

11  terms and 4 shall serve 2-year terms. At least 4 members must

12  be employed by public community colleges and at least 11

13  members must be employed by public or private postsecondary

14  institutions that operate colleges of education. At least one

15  member must be a financial aid officer employed by a

16  postsecondary education institution operating in Florida. The

17  Commissioner of Education and the executive director of the

18  Commission for Independent Education Board of Regents, the

19  State Board of Community Colleges, and the State Board of

20  Independent Colleges and Universities shall collaborate to

21  provide the Governor with a list of at least 15

22  recommendations of members to be appointed to the board.

23  Administrative costs for support of the Board of Directors and

24  the Florida Fund for Minority Teachers may not exceed 5

25  percent of funds allocated for the program. The board shall:

26         (a)  Hold meetings to implement this section.

27         (b)  Select a chairperson annually.

28         (c)  Make rules for its own government.

29         (d)  Appoint an executive director to serve at its

30  pleasure. The executive director shall be the chief

31  administrative officer and agent of the board.

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  1         (e)  Maintain a record of its proceedings.

  2         (f)  Delegate to the chairperson the responsibility for

  3  signing final orders.

  4         (g)  Carry out the training program as required for the

  5  minority teacher education scholars program. No more than 5

  6  percent of the funds appropriated for the minority teacher

  7  education scholars program may be expended for administration,

  8  including administration of the required training program.

  9         Section 196.  Notwithstanding subsection (7) of section

10  3 of chapter 2000-321, Laws of Florida, section 240.413,

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         240.413  Seminole and Miccosukee Indian Scholarships.--

15         (1)  There is created a Seminole and Miccosukee Indian

16  Scholarship Program to be administered by the Department of

17  Education in accordance with rules established by the State

18  Board of Education.  The Seminole Tribe of Florida and the

19  Miccosukee Tribe of Indians of Florida shall act in an

20  advisory capacity in the development of the rules.

21         (2)  The department shall award scholarships shall be

22  awarded by the department to students who:

23         (a)  Have graduated from high school, have earned an

24  equivalency diploma issued by the Department of Education

25  pursuant to s. 229.814, have earned an equivalency diploma

26  issued by the United States Armed Forces Institute, or have

27  been accepted through an early admission program;

28         (b)  Are enrolled at a state university or community

29  college authorized by Florida law; a nursing diploma school

30  approved by the Board of Nursing; any Florida college,

31  university, or community college which is accredited by an

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  1  accrediting association whose standards are comparable to the

  2  minimum standards required to operate an institution at that

  3  level in this state, as determined by rules of the Commission

  4  for Independent Education a member of the Commission on

  5  Recognition of Postsecondary Accreditation; or any Florida

  6  institution the credits of which are acceptable for transfer

  7  to state universities;

  8         (c)  Are enrolled as either full-time or part-time

  9  undergraduate or graduate students and make satisfactory

10  academic progress as defined by the college or university;

11         (d)  Have been recommended by the Seminole Tribe of

12  Florida or the Miccosukee Tribe of Indians of Florida; and

13         (e)  Meet the general requirements for student

14  eligibility as provided in s. 240.404, except as otherwise

15  provided in this section.

16         (3)  Recommendation by the Seminole Tribe of Florida or

17  the Miccosukee Tribe of Indians of Florida shall:

18         (a)  Be based upon established standards of financial

19  need as determined by the respective tribe and the department;

20         (b)  Be based upon such other eligibility requirements

21  for student financial assistance as are adopted by the

22  respective tribe; and

23         (c)  Include certification of membership or eligibility

24  for membership in the Seminole Tribe of Florida or the

25  Miccosukee Tribe of Indians of Florida.

26         (4)  The amount of the scholarship shall be determined

27  by the Seminole Tribe of Florida or the Miccosukee Tribe of

28  Indians of Florida, for its respective applicants, within the

29  amount of funds appropriated for this purpose.  The amount

30  shall be prorated accordingly for part-time students. At the

31  beginning of each semester or quarter, the department shall

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  1  certify the name of each scholarship holder eligible to

  2  receive funds for that registration period to the Comptroller,

  3  who shall draw a warrant in favor of each scholarship

  4  recipient.  Each recipient shall be eligible to have the

  5  scholarship renewed from year to year, provided all academic

  6  and other requirements of the college or university and rules

  7  established by the State Board of Education are met.

  8         (5)  The Commissioner of Education shall include

  9  amounts sufficient for continuation of this program in the

10  legislative budget requests of the department.

11         (6)  Funds appropriated by the Legislature for the

12  program shall be deposited in the State Student Financial

13  Assistance Trust Fund.

14         Section 197.  Effective July 1, 2002, sections 240.414,

15  240.4145, 240.4146, and 240.417, Florida Statutes, are

16  repealed.

17         Section 198.  Notwithstanding subsection (7) of section

18  3 of chapter 2000-321, Laws of Florida, section 240.418,

19  Florida Statutes, shall not stand repealed January 7, 2003, as

20  scheduled by that law, but that section is reenacted to read:

21         240.418  Need-based financial aid; no preference to

22  students receiving other aid.--From the funds collected by

23  state universities and community colleges as a financial aid

24  fee and from other funds appropriated by the Legislature for

25  financial aid from the Educational Enhancement Trust Fund,

26  institutions shall expend those moneys designated as

27  need-based financial aid with no preference given to students

28  who also qualify for merit-based or other financial aid

29  awards.

30         Section 199.  Notwithstanding subsection (7) of section

31  3 of chapter 2000-321, Laws of Florida, section 240.421,

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  1  Florida Statutes, shall not stand repealed January 7, 2003, as

  2  scheduled by that law, but that section is reenacted and

  3  amended to read:

  4         240.421  Florida Advisory Council for State-Funded of

  5  Student Assistance Financial Aid Advisors.--

  6         (1)  There is created The Florida Advisory Council for

  7  State-Funded of Student Assistance shall advise Student

  8  Financial Aid Advisors for the purpose of advising the State

  9  Board of Education, the Legislature, the Division of Colleges

10  and Universities, the Division of Community Colleges, and the

11  Council for Education Policy Research and Improvement Board of

12  Regents, the State Board of Community Colleges, and the

13  Postsecondary Education Planning Commission on policy matters

14  related to student assistance financial aid.

15         (a)  The council shall be composed of the directors of

16  the Division of Colleges and Universities, the Division of

17  Community Colleges, the Independent Colleges and Universities

18  of Florida, the Association of Postsecondary Schools and

19  Colleges, or their designees Chancellor of the State

20  University System, or his or her designee, the Executive

21  Director of the Division of Community Colleges, or his or her

22  designee, the Executive Director of the Independent Colleges

23  and Universities of Florida, the Executive Director of the

24  Florida Association of Postsecondary Schools and Colleges, or

25  his or her designee, and 14 members who shall be appointed by

26  the Commissioner of Education.  The commissioner's appointees

27  membership of the council appointed by the Commissioner of

28  Education shall include:

29         1.  Two persons from the commercial financial community

30  in this state.

31  

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  1         2.  Two persons from the postsecondary education

  2  community in this state who must be either the president,

  3  chief academic officer, or principal administrator for student

  4  services of a postsecondary educational institution.

  5         3.  Two practicing financial aid administrators for

  6  accredited nonpublic private postsecondary institutions in

  7  this state.

  8         4.  Two practicing financial aid administrators for

  9  public community colleges in this state.

10         5.  Two practicing financial aid administrators for

11  state universities in this state.

12         6.  Two practicing financial aid administrators for

13  postsecondary career schools or technical degree career

14  education centers in this state, one of whom shall represent

15  proprietary schools.

16         7.  One lay citizen who does not derive a majority of

17  his or her income from education or the commercial financial

18  field.

19         8.  One full-time student enrolled in postsecondary

20  education in this state.

21         (b)  The Commissioner of Education in appointing the

22  members specified in subparagraphs (a)3.-5. shall consider any

23  membership recommendations submitted by the Florida

24  Association of Student Financial Aid Administrators.

25         (c)  At no time may more than one person from the same

26  institution serve as a member of the council, with the

27  exception of the student member, who shall be selected at

28  large.

29         (d)  The terms of members shall be 4 years, except for

30  the full-time student member, who shall serve for 2 years, but

31  the terms of new members shall be fixed by the commissioner in

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  1  such manner as will provide for the expiration every 2 years

  2  of the terms of seven members.

  3         (e)  Any vacancy shall be filled by the appointment of

  4  a person of the same classification or status as his or her

  5  predecessor, and such appointee shall hold office for the

  6  balance of the unexpired term.

  7         (2)(a)  The council shall elect a recording secretary,

  8  a vice chairperson, and a chairperson from its membership who

  9  shall be its principal officers.  The council shall meet no

10  less frequently than quarterly at the call of its chairperson;

11  at the request of a majority of its membership; at the request

12  of the Commissioner of Education, the State Board of

13  Education, the Legislature, or the Governor; or at such times

14  as may be prescribed by its rules. Minutes of all meetings of

15  the council must be submitted to the department, each member

16  of the council, the financial aid director of each community

17  college and state university, and to the financial aid

18  directors of each independent postsecondary institution that

19  requests the minutes.

20         (b)  The members of the council shall receive no

21  compensation for their services, but they shall be entitled to

22  per diem and travel expenses, as provided in s. 112.061, when

23  actually engaged in discharging their duties as members of the

24  council.

25         (3)  The council shall:

26         (a)  Prepare and submit to the State Board of

27  Education, the President of the Senate, the Speaker of the

28  House of Representatives, the Governor, and the Council for

29  Education Policy Research and Improvement Board of Regents,

30  the State Board of Community Colleges, and the Postsecondary

31  Education Planning Commission, long-range plans and annual

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  1  reports for state-funded student assistance financial aid in

  2  this state. The long-range plans shall establish goals and

  3  objectives for providing a comprehensive program of assistance

  4  financial aid for students in this state and shall be updated

  5  every 5 years.  The council shall also prepare an annual

  6  report that includes an assessment of progress made in

  7  achieving goals and objectives established in the long-range

  8  plans and includes recommendations for repealing or modifying

  9  existing financial aid programs or establishing new programs.

10  A long-range plan shall be submitted by January 1, 1993, and

11  every 5 years thereafter.  An annual report shall be submitted

12  on January 1, 1994, and in each successive year that a

13  long-range plan is not submitted.

14         (b)  Review biennial financial aid reports of the

15  department, required by this chapter, prior to their

16  submission to the Legislature and the State Board of

17  Education.

18         (c)  Review and make recommendations to the Legislature

19  related to proposed financial aid legislation.

20         (d)  Meet at least once annually with the Commissioner

21  of Education.

22         Section 200.  Notwithstanding subsection (7) of section

23  3 of chapter 2000-321, Laws of Florida, section 240.424,

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         240.424  Duties of the department.--The duties of the

28  department shall include:

29         (1)  Administration of this part and rules adopted by

30  the State Board of Education.

31  

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  1         (2)  Administration of federal funding, insurance, or

  2  reinsurance in full compliance with applicable federal laws

  3  and regulations.

  4         (3)  Development of written administrative procedures

  5  and controls for the administration of each financial aid

  6  program conducted by the office, maintenance of program

  7  records and documents, timely collection and remittance of

  8  insurance premiums, and timely assignment of defaulted loans

  9  to collection agencies.

10         (4)  Annual compilation of sources of financial aid

11  available to students in this state.

12         (5)  Biennial analysis of the amount of available

13  financial aid moneys and the effect of such moneys on student

14  access to postsecondary institutions.

15         (6)  Biennial internal evaluation of the administrative

16  efficiency and effectiveness of the office.

17         (7)  Annual assessment of the accuracy of eligibility

18  information from a random sample of award recipients.

19         (8)  Annual review of procedures for the distribution

20  of state financial aid funds.

21         (9)  Development and submission of an annual a report,

22  by March 1, 1988, and annually thereafter, to the State Board

23  of Education, the President of the Senate, and the Speaker of

24  the House of Representatives, which includes shall include,

25  but not be limited to, recommendations for the distribution of

26  state financial aid funds.

27         (10)  Development and evaluation of a comprehensive,

28  long-range program of all sources of student financial aid.

29         (11)  Dissemination of information on available

30  financial aid programs to superintendents of schools and other

31  persons who request such information.

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  1         (12)  Calculation of the amount of need-based,

  2  state-funded student assistance financial aid required to

  3  offset fee increases recommended by the state universities and

  4  community colleges Board of Regents and State Board of

  5  Community Colleges and inclusion of such amount within the

  6  legislative budget request for student assistance grant

  7  programs.

  8         Section 201.  Notwithstanding subsection (7) of section

  9  3 of chapter 2000-321, Laws of Florida, section 240.429,

10  Florida Statutes, shall not stand repealed January 7, 2003, as

11  scheduled by that law, but that section is reenacted to read:

12         240.429  Assistance programs and activities of the

13  department.--

14         (1)  The department may contract for the administration

15  of the student financial assistance programs as specifically

16  provided in ss. 240.413, 240.417, 240.439, and 295.01.

17         (2)  The department may contract to provide the

18  planning and development activities required pursuant to the

19  provisions of this part.

20         (3)  The department shall administer the guarantee of

21  student loans made by participating commercial financial

22  institutions in such a manner as to fully comply with

23  applicable provisions of the Higher Education Act of 1965, as

24  amended, relating to loan reinsurance.

25         (4)  The department shall maintain records on the

26  student loan default rate of each Florida postsecondary

27  institution and report that information annually to both the

28  institution and the respective sector board.

29         Section 202.  Notwithstanding subsection (7) of section

30  3 of chapter 2000-321, Laws of Florida, section 240.431,

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         240.431  Funding for programs administered by the

  4  department.--

  5         (1)  In the preparation of its annual budget, the

  6  department shall request that the Legislature continue to

  7  provide funding for applicable programs from the General

  8  Revenue Fund.

  9         (2)  The department is authorized to expend moneys from

10  available trust funds in applicable student financial

11  assistance programs.

12         (3)  There is created a Student Loan Guaranty Reserve

13  Fund, which shall be administered by the department in

14  carrying out the provisions of this act.

15         (4)  The principal sources of operating funds shall be

16  from the earnings from the temporary investment of the Student

17  Loan Guaranty Reserve Fund and from compensation for services

18  performed under contract for the administration of student

19  financial assistance programs pursuant to s. 240.429.

20         (5)  The department is authorized to accept grant funds

21  under the State Student Incentive Grant Program of the Federal

22  Government, as provided by the Higher Education Act of 1965,

23  as amended.

24         (6)  The department is authorized to accept federal

25  advances for the establishment of the Student Loan Guaranty

26  Reserve Fund pursuant to the Higher Education Act of 1965, as

27  amended, under agreement with the United States Commissioner

28  of Education and to maintain such advances until recalled by

29  the United States Commissioner of Education.

30         (7)  The department is authorized to assess a student

31  loan insurance premium on each loan guaranteed by the

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  1  department. The amount of insurance premium will be determined

  2  by the department in the amount sufficient to maintain the

  3  pledged level of reserve funds but in no event may the amount

  4  of the insurance premium exceed the maximum provided by

  5  federal law.

  6         (8)  The department shall invest, or contract for the

  7  temporary investment of, any unencumbered cash, and the

  8  interest earned therefrom, except as otherwise provided for by

  9  law or covenant, shall accrue to the Student Loan Guaranty

10  Reserve Fund or for the administration of financial aid

11  programs.

12         Section 203.  Notwithstanding subsection (7) of section

13  3 of chapter 2000-321, Laws of Florida, section 240.437,

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         240.437  State-funded student assistance financial aid

18  planning and development.--

19         (1)  There is created a student financial aid planning

20  and development program which shall be administered by the

21  Department of Education.  It is the intent of The Legislature

22  intends that a specific sum of funds be allocated each year to

23  sponsor for the purpose of sponsoring the design, development,

24  and implementation of a comprehensive program of state-funded

25  student assistance financial aid and of initiating activities

26  of inservice training for student financial aid administrators

27  and activities to encourage maximum lender participation in

28  guaranteed loans.  The Florida Advisory Council for

29  State-Funded of Student Assistance Financial Aid Advisors

30  shall serve as the advisory body to the Department of

31  

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  1  Education in the development of a comprehensive program of

  2  student assistance financial aid.

  3         (2)  The objective of a state program is the

  4  maintenance of a state-funded state student assistance

  5  financial aid program to supplement a basic national program

  6  in order to which will provide equal access to postsecondary

  7  education for to citizens of this state who have the ability

  8  and motivation to benefit from a postsecondary education. In

  9  the development of a state program to achieve this objective,

10  it shall be the policy that:

11         (a)  State student assistance financial aid be provided

12  primarily on the basis of financial need;

13         (b)  Students receiving need-based assistance financial

14  aid be expected to contribute toward their cost of education

15  through self-help resources such as savings, work, and loans;

16         (c)  Student assistance financial aid be available to

17  state residents for attendance at accredited public or private

18  institutions of higher education in this state;

19         (d)  Student assistance financial aid be provided for

20  all levels of postsecondary education; and

21         (e)  State student assistance financial aid be

22  administered by a central state agency.

23  

24  Planning and development must be in accordance with the

25  foregoing objective and policies.

26         (3)  The planning and development procedures shall

27  provide for:

28         (a)  The review of public policy;

29         (b)  The development of performance objectives;

30         (c)  The development of alternate approaches;

31         (d)  The evaluation of performance; and

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  1         (e)  The participation and involvement in the planning

  2  process of representatives of the groups affected by

  3  state-funded a state program of student assistance financial

  4  aid.

  5         (4)  The state board shall adopt rules providing for

  6  the verification of the independent status of state financial

  7  aid recipients of state-funded student assistance.

  8         (5)  The department shall encourage industry and

  9  education linkages through the development of temporary

10  employment opportunities for students attending postsecondary

11  institutions in this state.

12         (6)  State-funded student Effective July 1, 1992, all

13  new and existing financial assistance programs authorized

14  under this part which are not funded for 3 consecutive years

15  after enactment shall stand repealed. Financial aid programs

16  provided under this part on July 1, 1992, which lose funding

17  for 3 consecutive years shall stand repealed. The Office of

18  Student Financial Assistance of The Department of Education

19  shall annually review the legislative appropriation of

20  financial aid to identify such programs.

21         Section 204.  Notwithstanding subsection (7) of section

22  3 of chapter 2000-321, Laws of Florida, section 240.439,

23  Florida Statutes, shall not stand repealed January 7, 2003, as

24  scheduled by that law, but that section is reenacted to read:

25         240.439  Student Loan Program.--There is hereby created

26  a Student Loan Program, referred to in ss. 240.439-240.463 as

27  the program.

28         Section 205.  Notwithstanding subsection (7) of section

29  3 of chapter 2000-321, Laws of Florida, section 240.441,

30  Florida Statutes, shall not stand repealed January 7, 2003, as

31  scheduled by that law, but that section is reenacted to read:

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  1         240.441  Issuance of revenue bonds pursuant to s. 15,

  2  Art. VII, State Constitution.--

  3         (1)  The issuance of revenue bonds to finance the

  4  establishment of the program, to be payable primarily from

  5  payments of interest, principal, and handling charges to the

  6  program from the recipients of the loans, and with the other

  7  revenues authorized hereby being pledged as additional

  8  security, is hereby authorized, subject and pursuant to the

  9  provisions of s. 15, Art. VII, State Constitution; the State

10  Bond Act, ss. 215.57-215.83; and ss. 240.439-240.463.

11         (2)  The amount of such revenue bonds to be issued

12  shall be determined by the Division of Bond Finance of the

13  State Board of Administration.  However, the total principal

14  amount outstanding shall not exceed $80 million, other than

15  refunding bonds issued pursuant to s. 215.79.

16         Section 206.  Notwithstanding subsection (7) of section

17  3 of chapter 2000-321, Laws of Florida, section 240.447,

18  Florida Statutes, shall not stand repealed January 7, 2003, as

19  scheduled by that law, but that section is reenacted to read:

20         240.447  Approval of loans; administration of

21  program.--

22         (1)  The loans to be made with the proceeds of the

23  program shall be determined and approved by the Department of

24  Education, pursuant to rules promulgated by the State Board of

25  Education.  The program shall be administered by the

26  Department of Education as provided by law and the proceeds

27  thereof shall be maintained and secured in the same manner as

28  other public trust funds.

29         (2)  The Department of Education is authorized to

30  contract for the purchase of federally insured student loans

31  to be made by other eligible lenders under the guaranteed

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  1  student loan program; however, any such loans must comply with

  2  all applicable requirements of s. 15, Art. VII of the State

  3  Constitution, ss. 240.439-240.463, the rules of the State

  4  Board of Education relating to the guaranteed student loan

  5  program, and the proceedings authorizing the student loan

  6  revenue bonds, and the loans so purchased shall have been made

  7  during the period specified in the contract.

  8         (3)  The Department of Education is authorized to sell

  9  loan notes acquired pursuant to ss. 240.439-240.463 to the

10  federally created Student Loan Marketing Association or

11  another federally authorized holder of such notes. The

12  department may also repurchase loan notes from authorized

13  holders of such notes.  The department shall comply with

14  applicable federal law and regulations and the provisions of

15  any agreement with the Student Loan Marketing Association or

16  the other authorized holders.

17         Section 207.  Notwithstanding subsection (7) of section

18  3 of chapter 2000-321, Laws of Florida, section 240.449,

19  Florida Statutes, shall not stand repealed January 7, 2003, as

20  scheduled by that law, but that section is reenacted to read:

21         240.449  Loan agreements.--The Department of Education

22  is hereby authorized to enter into loan agreements between the

23  department and the recipients of loans from the program for

24  such periods and under such other terms and conditions as may

25  be prescribed by the applicable rules and regulations and

26  mutually agreed upon by the parties thereto in order to carry

27  out the purposes of s. 15, Art. VII, State Constitution and

28  ss. 240.439-240.463.

29         Section 208.  Notwithstanding subsection (7) of section

30  3 of chapter 2000-321, Laws of Florida, section 240.451,

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         240.451  Terms of loans.--The term of all authorized

  4  loans shall be fixed by rules adopted by the state board and

  5  the loan agreements to be entered into with the student

  6  borrowers.

  7         Section 209.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.453,

  9  Florida Statutes, shall not stand repealed January 7, 2003, as

10  scheduled by that law, but that section is reenacted to read:

11         240.453  Rate of interest and other charges.--The

12  Department of Education shall from time to time fix the

13  interest and other charges to be paid for any student loan, at

14  rates sufficient to pay the interest on revenue bonds issued

15  pursuant to ss. 240.439-240.463, plus any costs incident to

16  issuance, sale, security, and retirement thereof, including

17  administrative expenses.

18         Section 210.  Notwithstanding subsection (7) of section

19  3 of chapter 2000-321, Laws of Florida, section 240.457,

20  Florida Statutes, shall not stand repealed January 7, 2003, as

21  scheduled by that law, but that section is reenacted to read:

22         240.457  Procurement of insurance as security for

23  loans.--The Department of Education may contract with any

24  insurance company or companies licensed to do business in the

25  state for insurance payable in the event of the death or total

26  disability of any student borrower in an amount sufficient to

27  retire the principal and interest owed under a loan made as

28  provided in ss. 240.439-240.463.  The cost of any insurance

29  purchased under this section shall be paid by the student

30  borrower as a part of the handling charges for the loan or as

31  a separate item to be paid in connection with the loan.

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  1         Section 211.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.459,

  3  Florida Statutes, shall not stand repealed January 7, 2003, as

  4  scheduled by that law, but that section is reenacted to read:

  5         240.459  Participation in guaranteed student loan

  6  program.--The state board shall adopt rules necessary for

  7  participation in the guaranteed student loan program, as

  8  provided by the Higher Education Act of 1965 (20 U.S.C. ss.

  9  1071 et seq.), as amended or as may be amended.  The intent of

10  this act is to authorize student loans when this state,

11  through the Department of Education, has become an eligible

12  lender under the provisions of the applicable federal laws

13  providing for the guarantee of loans to students and the

14  partial payment of interest on such loans by the United States

15  Government.

16         Section 212.  Notwithstanding subsection (7) of section

17  3 of chapter 2000-321, Laws of Florida, section 240.4595,

18  Florida Statutes, shall not stand repealed January 7, 2003, as

19  scheduled by that law, but that section is reenacted to read:

20         240.4595  Student Loan Operating Trust Fund.--

21         (1)  The Student Loan Operating Trust Fund is hereby

22  created, to be administered by the Department of Education.

23  Funds shall be credited to the trust fund pursuant to the

24  Higher Education Act of 1965, as amended, from loan processing

25  and issuance fees, administrative cost allowances, account

26  maintenance fees, default aversion fees, amounts remaining

27  from collection of defaulted loans, amounts borrowed from the

28  Student Loan Guaranty Reserve Fund, and other amounts

29  specified in federal regulation. The purpose of the trust fund

30  is to segregate funds used for administration of the

31  guaranteed student loan program from the reserve funds used to

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  1  guarantee student loans contained in the Student Loan Guaranty

  2  Reserve Fund. The fund is exempt from the service charges

  3  imposed by s. 215.20.

  4         (2)  Notwithstanding the provisions of s. 216.301 and

  5  pursuant to s. 216.351, any balance in the trust fund at the

  6  end of any fiscal year shall remain in the trust fund at the

  7  end of the year and shall be available for carrying out the

  8  purposes of the trust fund.

  9         (3)  Pursuant to the provisions of s. 19(f)(2), Art.

10  III of the State Constitution, the trust fund shall, unless

11  terminated sooner, be terminated on July 1, 2003. However,

12  prior to its scheduled termination, the trust fund shall be

13  reviewed as provided in s. 215.3206(1) and (2).

14         Section 213.  Notwithstanding subsection (7) of section

15  3 of chapter 2000-321, Laws of Florida, section 240.461,

16  Florida Statutes, shall not stand repealed January 7, 2003, as

17  scheduled by that law, but that section is reenacted to read:

18         240.461  Provisions of ss. 240.439-240.463

19  cumulative.--The provisions of ss. 240.439-240.463 shall be in

20  addition to the other provisions of this chapter and shall not

21  be construed to be in derogation thereof, except as otherwise

22  expressly provided hereby.

23         Section 214.  Notwithstanding subsection (7) of section

24  3 of chapter 2000-321, Laws of Florida, section 240.463,

25  Florida Statutes, shall not stand repealed January 7, 2003, as

26  scheduled by that law, but that section is reenacted to read:

27         240.463  Validation of bonds.--Revenue bonds issued

28  pursuant to ss. 240.439-240.463 shall be validated in the

29  manner provided by chapter 75.  In actions to validate such

30  revenue bonds, the complaint shall be filed in the circuit

31  court of the county where the seat of state government is

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  1  situated, the notice required by s. 75.06 to be published

  2  shall be published only in the county where the complaint is

  3  filed, and the complaint and order of the circuit court shall

  4  be served only on the attorney of the circuit in which the

  5  action is pending.

  6         Section 215.  Notwithstanding subsection (7) of section

  7  3 of chapter 2000-321, Laws of Florida, section 240.465,

  8  Florida Statutes, shall not stand repealed January 7, 2003, as

  9  scheduled by that law, but that section is reenacted and

10  amended to read:

11         240.465  Delinquent accounts.--

12         (1)  The Department of Education is directed to exert

13  every lawful and reasonable effort to collect all delinquent

14  unpaid and uncanceled scholarship loan notes, student loan

15  notes, and defaulted guaranteed loan notes.

16         (2)  The department is authorized to establish a

17  recovery account into which unpaid and uncanceled scholarship

18  loan note, student loan note, and defaulted guaranteed loan

19  note accounts may be transferred.

20         (3)  The department is authorized to settle any

21  delinquent unpaid and uncanceled scholarship loan notes,

22  student loan notes, and defaulted guaranteed loan notes and to

23  employ the service of a collection agent when deemed advisable

24  in collecting delinquent or defaulted accounts.  However, no

25  collection agent may be paid a commission in excess of 35

26  percent of the amount collected.  Any expense incurred by the

27  department in enforcing the collection of a loan note may be

28  borne by the signer of the note and may be added to the amount

29  of the principal of such note.

30         (4)  The department is authorized to charge off unpaid

31  and uncanceled scholarship loan notes and student loan notes

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  1  which are at least 3 years delinquent and which prove

  2  uncollectible after good faith collection efforts.  However, a

  3  delinquent account with a past due balance of $25 or less may

  4  be charged off as uncollectible when it becomes 6 months past

  5  due and the cost of further collection effort or assignment to

  6  a collection agent would not be warranted.

  7         (5)  No individual borrower who has been determined to

  8  be in default in making legally required scholarship loan,

  9  student loan, or guaranteed loan repayments shall be furnished

10  with his or her academic transcripts or other student records

11  until such time as the loan is paid in full or the default

12  status has been removed.

13         (5)(6)  The department is authorized to charge an

14  individual borrower who has been determined to be in default

15  in making legally required loan repayments the maximum

16  interest rate authorized by law.

17         (6)(7)  The State Board of Education shall adopt such

18  rules as are necessary to regulate the collection, settlement,

19  and charging off of delinquent unpaid and uncanceled

20  scholarship loan notes, student loan notes, and defaulted

21  guaranteed loan notes.

22         Section 216.  Notwithstanding subsection (7) of section

23  3 of chapter 2000-321, Laws of Florida, section 240.47,

24  Florida Statutes, shall not stand repealed January 7, 2003, as

25  scheduled by that law, but that section is reenacted to read:

26         240.47  Short title.--Sections 240.47-240.497 may be

27  cited as the "Florida Higher Education Loan Authority Act."

28         Section 217.  Notwithstanding subsection (7) of section

29  3 of chapter 2000-321, Laws of Florida, section 240.471,

30  Florida Statutes, shall not stand repealed January 7, 2003, as

31  scheduled by that law, but that section is reenacted to read:

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  1         240.471  Purpose.--It is the purpose of this act to

  2  provide assistance and an additional method of financing the

  3  cost of higher education to students and the families of

  4  students attending institutions of higher education in this

  5  state and to encourage investment of private capital to

  6  provide funds for financing student loans.

  7         Section 218.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.472,

  9  Florida Statutes, shall not stand repealed January 7, 2003, as

10  scheduled by that law, but that section is reenacted to read:

11         240.472  Definitions.--As used in this act:

12         (1)  "Authority" means any public corporation created

13  by s. 240.473 or any board, body, commission, department, or

14  officer of the county succeeding to the principal functions

15  thereof or to whom the powers conferred upon an authority by

16  this act are given by this act.

17         (2)  "Authority loan" means any loan by an authority to

18  an institution of higher education for the purpose of funding

19  education loans.

20         (3)  "Bond" or "revenue bond" means any revenue bond of

21  an authority issued under the provisions of this act,

22  including any revenue-refunding bond, notwithstanding that the

23  bond may be secured by mortgage or the full faith and credit

24  of a participating institution of higher education or any

25  other lawfully pledged security of a participating institution

26  of higher education.

27         (4)  "Bond resolution" means the resolution of an

28  authority and the trust agreement, if any, and any supplement

29  or amendment to the foregoing, authorizing the issuance of,

30  and providing for the terms and conditions applicable to,

31  obligations.

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  1         (5)  "Bond service charge" means the principal

  2  (including mandatory sinking fund requirements for retirement

  3  of obligations) and interest, and redemption premium, if any,

  4  required to be paid by an authority on obligations.

  5         (6)  "Borrower" means any student who has received an

  6  education loan or any parent who has received or agreed to pay

  7  an education loan.

  8         (7)  "Clerk" means the clerk of a commission or the

  9  county officer charged with the duties customarily imposed

10  upon the clerk.

11         (8)  "Commission" means a board of county commissioners

12  or other body charged with governing the county.

13         (9)  "Default insurance" means insurance insuring

14  education loans, authority loans, or obligations against

15  default.

16         (10)  "Default reserve fund" means a fund established

17  pursuant to a bond resolution for the purpose of securing

18  education loans, authority loans, or obligations.

19         (11)  "Education loan" means a loan which is made by an

20  institution to a student or the parents of a student, or both,

21  in an amount not in excess of the maximum amount specified in

22  regulations to be formulated by the authority, in order to

23  finance all or any part of the cost of the student's

24  attendance at such institution.

25         (12)  "Education loan series portfolio" means all

26  educational loans made by a specific institution which are

27  funded from the proceeds of an authority loan to such

28  institution out of the proceeds of a related specific issue of

29  obligations through the authority.

30         (13)  "Institution" means any college or university

31  which, by virtue of law or charter, is accredited by and holds

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  1  membership in the Commission on Recognition of Postsecondary

  2  Accreditation; which grants baccalaureate or associate

  3  degrees; which is not a pervasively sectarian institution; and

  4  which does not discriminate in the admission of students on

  5  the basis of race, color, religion, sex, or creed.

  6         (14)  "Loan funding deposit" means moneys or other

  7  property which is deposited by an institution with the

  8  authority or a trustee for the purpose of:

  9         (a)  Providing security for obligations;

10         (b)  Funding a default reserve fund;

11         (c)  Acquiring default insurance; or

12         (d)  Defraying costs of the authority, and

13  

14  which shall be in such amounts as are deemed necessary by the

15  authority as a condition for participation by such institution

16  in the program of the authority.

17         (15)  "Obligation" means any revenue bond, note, or

18  other evidence of indebtedness of an authority, including any

19  interest coupon pertaining thereto, issued under this act,

20  including any refunding bond.

21         (16)  "Parent" means any parent or guardian of a

22  student at an institution.

23         (17)  "Participating institution" means an institution

24  of higher education which, pursuant to the provisions of this

25  act, undertakes the financing of an educational student loan

26  program or undertakes the refunding or refinancing of

27  obligations, a mortgage, or advances as provided in and

28  permitted by this act.

29         (18)  "Person" means any person, firm, partnership,

30  association, corporation, or other body, public or private.

31  

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  1         Section 219.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.473,

  3  Florida Statutes, shall not stand repealed January 7, 2003, as

  4  scheduled by that law, but that section is reenacted to read:

  5         240.473  Authority; creation, membership, terms of

  6  members, expenses.--

  7         (1)  In each county there is created a public body

  8  corporate and politic to be known as the ".... County

  9  Education Loan Authority."  Each such authority is constituted

10  as a public instrumentality, and its exercise of the powers

11  conferred by this act shall be deemed the performance of an

12  essential public function.  No authority shall transact any

13  business or exercise any power pursuant to this act until the

14  commission by ordinance or resolution declares that there is a

15  need for an authority to function in such county.

16         (2)  The commission may adopt such an ordinance or

17  resolution of need if it finds that the youth of the county

18  and state do not have the opportunity to attend institutions

19  of higher learning located within the county because of their

20  inability to obtain financing for the cost of such education

21  and the inability of such institutions to provide adequate

22  financial aid to their students.

23         (3)  In any suit, action, or proceeding involving the

24  validity or enforcement of or relating to any contract of the

25  authority, the authority shall be conclusively deemed to have

26  been established and authorized to transact business and

27  exercise its powers hereunder upon proof of the adoption of an

28  ordinance or resolution by the commission declaring the need

29  for the authority. Such ordinance or resolution shall be

30  sufficient if it declares that there is such a need for an

31  authority in the county.  A copy of such ordinance or

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  1  resolution certified by the clerk shall be admissible in

  2  evidence in any suit, action, or proceeding.

  3         (4)  The ordinance or resolution shall designate five

  4  persons as members of the authority.  The membership of the

  5  authority shall include:

  6         (a)  A trustee, director, officer, or employee of an

  7  institution located in such county.

  8         (b)  One lay citizen who does not derive a majority of

  9  his or her income from education or an education-related

10  field.

11         (c)  Two persons from the commercial financial

12  community in the county, each of whom has a favorable

13  reputation for skill, knowledge, and experience in the field

14  of state and municipal finance.

15         (d)  One person from the commercial financial community

16  or educational community in the state who has a favorable

17  reputation for skill, knowledge, and experience in the field

18  of higher education loan finance.

19         (5)  Of the members first appointed, one shall serve

20  for 1 year, one for 2 years, one for 3 years, one for 4 years,

21  and one for 5 years, in each case until his or her successor

22  is appointed and has qualified. Thereafter, the commission

23  shall appoint for terms of 5 years each members to succeed

24  those whose terms will expire. The commission shall fill any

25  vacancy for the unexpired portion of the term.  Any member of

26  the authority may be reappointed.  Any member of the authority

27  may be removed by the commission for misfeasance, malfeasance,

28  or willful neglect of duty.  Before entering upon his or her

29  duties, each member of the authority shall take and subscribe

30  to the oath or affirmation required by the State Constitution.

31  

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  1  A record of each such oath shall be filed with the Department

  2  of State and with the clerk.

  3         (6)  The authority shall annually elect one of its

  4  members as chair and one as vice chair and shall also appoint

  5  an executive director who shall not be a member of the

  6  authority and who shall serve at the pleasure of the authority

  7  and receive such compensation as fixed by the authority.

  8         (7)  The executive director shall keep a record of the

  9  proceedings of the authority and shall be custodian of all

10  books, documents, and papers filed with the authority; the

11  minute book or journal of the authority; and its official

12  seal.  The director may have copies made of all minutes and

13  other records and documents of the authority and may give

14  certificates under the official seal of the authority to the

15  effect that such copies are true copies, and any person

16  dealing with the authority may rely upon any such certificate.

17         (8)  Three members of the authority shall constitute a

18  quorum, and the affirmative vote of a majority of the members

19  present at a meeting shall be necessary for any action to be

20  taken; however, any action may be taken by an authority with

21  the unanimous consent of all of the members.  A vacancy in the

22  membership of the authority shall not impair the right of a

23  quorum to exercise the rights or perform the duties of the

24  authority. The majority shall not include any member who has a

25  conflict of interest, and a statement by a member of a

26  conflict of interest is conclusive for this purpose.  Any

27  action taken by the authority under the provisions of this act

28  may be authorized by resolution at any regular or special

29  meeting.  Each such resolution shall take effect immediately

30  and need not be published or posted.

31  

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  1         (9)  The members of the authority shall receive no

  2  compensation for the performance of their duties, but each

  3  member, when engaged in the performance of such duties, shall

  4  be entitled to per diem and travel expenses as provided in s.

  5  112.061.

  6         (10)  Notwithstanding any other law to the contrary, it

  7  shall not be, nor shall it constitute, a conflict of interest

  8  for a trustee, director, officer, or employee of an

  9  institution to serve as a member of the authority.

10         Section 220.  Notwithstanding subsection (7) of section

11  3 of chapter 2000-321, Laws of Florida, section 240.474,

12  Florida Statutes, shall not stand repealed January 7, 2003, as

13  scheduled by that law, but that section is reenacted to read:

14         240.474  Functions and powers of authority.--Each

15  authority shall have the following functions and powers:

16         (1)  To adopt rules for the regulation of its affairs

17  and the conduct of its business.

18         (2)  To adopt an official seal.

19         (3)  To maintain an office at a place it designates.

20         (4)  To sue and be sued in its own name and to plead

21  and be impleaded.

22         (5)  To establish rules for the use of education loan

23  financing programs and to designate a participating

24  institution as its agent to establish rules for the use of a

25  program undertaken by such participating institution.

26         (6)  To issue obligations for the purpose of making

27  authority loans to participating institutions for the purpose

28  of providing education loans utilizing such eligibility

29  standards for borrowers as the authority determines to be

30  necessary, but such standards shall include the following:

31  

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  1         (a)  Each student shall have a certificate of admission

  2  or enrollment at a participating institution;

  3         (b)  Each student or his or her parents shall satisfy

  4  such financial qualifications as the authority shall

  5  establish; and

  6         (c)  Each student and his or her parents shall submit

  7  such information to the applicable institution as may be

  8  required by the authority.

  9         (7)  To contract with financial institutions and other

10  qualified loan origination and servicing organizations, which

11  shall assist in prequalifying borrowers for education loans

12  and which shall service and administer each education loan and

13  the respective loan series portfolio of each institution, and

14  to establish sufficient fees for each educational loan to

15  cover the applicable pro rata cost of such servicing and

16  originating organizations.

17         (8)  To establish criteria governing the eligibility of

18  institutions to participate in its programs, the making and

19  allocation of authority loans and education loans, provisions

20  for default, the establishment of default reserve funds, the

21  purchase of default insurance, the provision of prudent debt

22  service reserves, and the furnishing by participating

23  institutions of such additional guarantees of the education

24  loans, authority loans, or obligations as the authority shall

25  determine necessary to assure the marketability of the

26  obligations and the adequacy of the security therefor;

27  however, the provisions applicable to participation by Florida

28  public participating institutions in the financing programs of

29  the authority shall be subject to approval and authorization

30  by the budgetary and other state agencies having jurisdiction

31  over those institutions.

                                 458

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  1         (9)  To fix, revise, charge, and collect rates, fees,

  2  and charges for services furnished by the authority and to

  3  contract with any person in respect thereto, including any

  4  financial institution, loan originator, servicer,

  5  administrator, issuer of letters of credit, or insurer.

  6         (10)  To employ consultants, attorneys, accountants,

  7  financial experts, loan processors, bankers, managers, and

  8  such other employees and agents as may be necessary and to fix

  9  their compensation.

10         (11)  To receive and accept, from any source, loans,

11  contributions, or grants for or in aid of an authority

12  education loan financing program or any portion thereof and,

13  when required, to use such funds, property, or labor only for

14  the purposes for which it was loaned, contributed, or granted.

15         (12)  To make authority loans to institutions and

16  require that the proceeds thereof be used solely for making

17  education loans or for costs and fees in connection therewith

18  and to require institutions to obtain certification from each

19  borrower that proceeds from any education loan are used solely

20  for the purpose intended by this act.

21         (13)  To charge to and apportion among participating

22  institutions administrative and operating costs and expenses

23  incurred in the exercise of the powers and duties conferred by

24  this act.

25         (14)  To borrow working capital funds and other funds

26  as may be necessary for startup and continuing operations,

27  provided that such funds are borrowed solely in the name of

28  the authority. Such borrowings shall be limited obligations of

29  the character described in s. 240.479 and shall be payable

30  solely from revenues of the authority or proceeds of

31  obligations pledged for that purpose.

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  1         (15)  Notwithstanding any other provisions of this act,

  2  to commingle and pledge as security for a series or issue of

  3  obligations, with the consent of all of the institutions which

  4  are participating in such series or issue:

  5         (a)  The education loan series portfolios and some or

  6  all future education loan series portfolios of such

  7  institutions; and

  8         (b)  The loan funding deposits of such institutions,

  9  except that education loan series portfolios and other

10  security and moneys set aside in any fund pledged for any

11  series or issue of obligations shall be held for the sole

12  benefit of such series or issue separate and apart from

13  education loan series portfolios and other security and moneys

14  pledged for any other series of issue of obligations of the

15  authority.  Obligations may be issued in series under one or

16  more resolutions or trust agreements in the discretion of the

17  authority.

18         (16)  To examine records and financial reports of

19  participating institutions and to examine records and

20  financial reports of any contractor organization or

21  institution retained by the authority under the provisions of

22  this act.

23         (17)  To make loans to a participating institution to

24  refund outstanding obligations, mortgages, or advances issued,

25  made, or given by such institution for authority loans; and

26  whenever such refunding obligations are issued to refund

27  obligations, the proceeds of which were used to make authority

28  loans, the authority may reduce the amount of interest owed to

29  it by the institution which had received authority loans from

30  the proceeds of the refunded obligations.  Such institution

31  may use this reduced amount to reduce the amount of interest

                                 460

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  1  being paid on education loans which the institution had made

  2  pursuant to the authority loans from the proceeds of the

  3  refunded obligations.

  4         (18)  To authorize its officers, agents, and employees

  5  to take any other action which is necessary in order to carry

  6  out the purposes of this act.

  7         Section 221.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.475,

  9  Florida Statutes, shall not stand repealed January 7, 2003, as

10  scheduled by that law, but that section is reenacted to read:

11         240.475  Expenses of authority.--All expenses incurred

12  in carrying out the provisions of this act shall be payable

13  solely from funds provided under the provisions of this act;

14  and, except as specifically authorized under this act, no

15  liability shall be incurred by an authority beyond the extent

16  to which moneys have been provided under this act.

17         Section 222.  Notwithstanding subsection (7) of section

18  3 of chapter 2000-321, Laws of Florida, section 240.476,

19  Florida Statutes, shall not stand repealed January 7, 2003, as

20  scheduled by that law, but that section is reenacted to read:

21         240.476  Higher education facilities authority as

22  higher education loan authority.--As an alternative to the

23  creation of an authority, a commission may confer all rights,

24  powers, privileges, duties, and immunities of an authority

25  upon any entity in existence on July 1, 1982, which has been

26  authorized by law to function as a higher education facilities

27  authority pursuant to the provisions of chapter 243.  Any such

28  entity which has been vested with the rights, powers,

29  privileges, duties, and immunities of a higher education loan

30  authority shall be subject to all provisions and

31  responsibilities imposed by this act, notwithstanding any

                                 461

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  1  provisions to the contrary in any law which established the

  2  entity. Nothing in this act shall be construed to impair or

  3  diminish any powers of any other entity in existence on July

  4  1, 1982, or to repeal, modify, or amend any law establishing

  5  such entity, except as specifically set forth herein.

  6         Section 223.  Notwithstanding subsection (7) of section

  7  3 of chapter 2000-321, Laws of Florida, section 240.477,

  8  Florida Statutes, shall not stand repealed January 7, 2003, as

  9  scheduled by that law, but that section is reenacted to read:

10         240.477  Moneys, endowments, properties; acquisition,

11  deposit, and guarantees.--Each authority is authorized to

12  establish specific guidelines relating to the deposits of

13  moneys, endowments, or properties by institutions which

14  moneys, endowments, or properties would provide prudent

15  security for education loan funding programs, authority loans,

16  education loans, or obligations; and it may establish

17  guidelines relating to guarantees of, or contracts to

18  purchase, education loans or obligations by such institutions,

19  financial institutions, or others. A default reserve fund may

20  be established for each series or issue of obligations.  In

21  this regard, the authority is empowered to receive such

22  moneys, endowments, properties, and guarantees as it deems

23  appropriate and, if necessary, to take title in the name of

24  the authority or in the name of a participating institution or

25  a trustee, subject, however, to the limitations applicable to

26  public participating institutions set forth in s. 240.474(8).

27         Section 224.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.478,

29  Florida Statutes, shall not stand repealed January 7, 2003, as

30  scheduled by that law, but that section is reenacted to read:

31  

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  1         240.478  Conveyance of loan funding deposit to

  2  participating institutions.--When the principal of and

  3  interest on obligations of an authority issued to finance the

  4  cost of an education loan financing program, including any

  5  refunding obligations issued to refund and refinance such

  6  obligations, have been fully paid and retired or when adequate

  7  provision has been made to fully pay and retire the

  8  obligations and all other conditions of the bond resolution

  9  have been satisfied and the lien created by such bond

10  resolution has been released in accordance with the provisions

11  thereof, the authority shall promptly do such things and

12  execute such deeds and conveyances as are necessary to convey

13  any remaining moneys, properties, and other assets comprising

14  loan funding deposits to the institutions in proportion to the

15  amounts furnished by the respective institutions.

16         Section 225.  Notwithstanding subsection (7) of section

17  3 of chapter 2000-321, Laws of Florida, section 240.479,

18  Florida Statutes, shall not stand repealed January 7, 2003, as

19  scheduled by that law, but that section is reenacted to read:

20         240.479  Notes of authority.--An authority may issue

21  its negotiable notes for any corporate purpose and renew any

22  notes by the issuance of new notes, whether or not the notes

23  to be renewed have matured.  The authority may issue notes

24  partly to renew notes or to discharge other obligations then

25  outstanding and partly for any other purpose. The notes may be

26  authorized, sold, executed, and delivered in the same manner

27  as bonds.  Any resolution authorizing notes of the authority

28  or any issue thereof may contain any provisions which the

29  authority is authorized to include in any resolution

30  authorizing revenue bonds or any issue thereof, and the

31  authority may include in any notes any terms, covenants, or

                                 463

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  1  conditions which it is authorized to include in any bonds.

  2  All such notes shall be payable solely from the revenues of

  3  the authority, subject only to any contractual rights of the

  4  holders of any of its notes or other obligations then

  5  outstanding.

  6         Section 226.  Notwithstanding subsection (7) of section

  7  3 of chapter 2000-321, Laws of Florida, section 240.48,

  8  Florida Statutes, shall not stand repealed January 7, 2003, as

  9  scheduled by that law, but that section is reenacted to read:

10         240.48  Issuance of obligations.--

11         (1)  An authority may issue its negotiable revenue

12  obligations for any corporate purpose.  In anticipation of the

13  sale of such obligations, the authority may issue negotiable

14  bond anticipation notes and may renew them, but the maximum

15  maturity of any such note, including renewals thereof, shall

16  not exceed 5 years from the date of issue of the original

17  note.  Such notes shall be paid from revenues of the authority

18  available therefor and not otherwise pledged or from the

19  proceeds of sale of the revenue bonds of the authority in

20  anticipation of which they were issued.  The notes shall be

21  issued in the same manner as the revenue bonds. Such notes and

22  the resolution authorizing them may contain any provisions,

23  conditions, or limitations which a bond resolution of the

24  authority may contain.

25         (2)  Each issue of obligations shall be payable solely

26  out of those revenues of the authority that pertain to the

27  program relating to such issue, including principal and

28  interest on authority loans and education loans; payments by

29  institutions of higher education, banks, insurance companies,

30  or others pursuant to letters of credit or purchase

31  agreements; investment earnings from funds or accounts

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  1  maintained pursuant to the bond resolution; insurance

  2  proceeds; loan funding deposits; proceeds of sales of

  3  education loans; proceeds of refunding obligations; and fees,

  4  charges, and other revenues of the authority from such

  5  program, subject only to any agreements with the holders of

  6  particular revenue bonds or notes pledging any particular

  7  reserves.

  8         (3)  The obligations may be issued as serial

  9  obligations or as term obligations, or in both forms.  The

10  obligations shall be authorized by a bond resolution of the

11  authority and shall bear such dates; mature at such times, not

12  to exceed the year following the last year in which the final

13  payments in an education loan series portfolio are due or 30

14  years, whichever is sooner, from their respective dates of

15  issue; bear interest at such rates; be payable at such times;

16  be in such denominations; be in such form, either coupon or

17  fully registered; carry such registration and conversion

18  privileges; be payable in lawful money of the United States of

19  America at such places; and be subject to such terms of

20  redemption as such bond resolution may provide. Obligations

21  shall be executed by the manual or facsimile signatures of

22  such officers of the authority as shall be designated by the

23  authority. Obligations may be sold at public or private sale

24  in such manner and for such price as the authority shall

25  determine.  Pending preparation of the definitive bonds, the

26  authority may issue interim receipts or certificates which

27  shall be exchanged for such definitive bonds.

28         (4)  Any bond resolution may contain provisions, which

29  shall be a part of the contract with the holders of the

30  obligations to be authorized, as to:

31  

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  1         (a)  The pledging or assigning of all or part of the

  2  revenues derived from the authority loans and education loans

  3  to secure the payment of the obligations to be issued.

  4         (b)  The fees and other amounts to be charged; the sums

  5  to be raised in each year thereby; and the use, investment,

  6  and disposition of such sums.

  7         (c)  The setting aside of loan funding deposits, debt

  8  service reserves, capitalized interest accounts, cost of

  9  insurance accounts, and sinking funds and the regulation,

10  investment, and disposition thereof.

11         (d)  Limitations on the right of the authority or its

12  agent to restrict and regulate the use of education loans.

13         (e)  Limitations on the purpose to which the proceeds

14  of sale of any issue of obligations then or thereafter to be

15  issued may be invested or applied.

16         (f)  Limitations on the issuance of additional

17  obligations; the terms upon which additional obligations may

18  be issued and secured; the terms upon which additional

19  obligations may rank on a parity with, or be subordinate or

20  superior to, other obligations; and the refunding of

21  outstanding obligations.

22         (g)  The procedure, if any, by which the terms of any

23  contract with bondholders may be amended or abrogated, the

24  amount of obligations the holders of which must consent

25  thereto, and the manner in which such consent may be given.

26         (h)  Limitations on the amount of moneys derived from

27  the loan program to be expended for operating, administrative,

28  or other expenses of the authority.

29         (i)  Defining the acts or omissions to act which

30  constitute a default in the duties of the authority to holders

31  

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  1  of obligations and providing the rights or remedies of such

  2  holders in the event of a default.

  3         (j)  Providing for guarantees, pledges or endowments,

  4  letters of credit, property, or other security for the benefit

  5  of the holders of such obligations.

  6         (k)  Any other matters relating to the obligations

  7  which the authority deems desirable to include in the bond

  8  resolution.

  9         (5)  Neither the members of the authority nor any

10  person executing the obligations shall be liable personally on

11  the obligations or be subject to any personal liability or

12  accountability by reason of the issuance thereof.

13         (6)  The authority shall have power to purchase its

14  obligations out of any funds available therefor.  The

15  authority may hold, pledge, cancel, or resell such obligations

16  subject to and in accordance with agreements with bondholders.

17         (7)  The authority shall have the power to refund any

18  of its obligations.  Such refunding obligations shall be

19  issued in the same manner as other obligations of the

20  authority.

21         Section 227.  Notwithstanding subsection (7) of section

22  3 of chapter 2000-321, Laws of Florida, section 240.481,

23  Florida Statutes, shall not stand repealed January 7, 2003, as

24  scheduled by that law, but that section is reenacted to read:

25         240.481  Trust agreement to secure obligations.--In the

26  discretion of the authority, any obligations issued under the

27  provisions of this act may be secured by a trust agreement by

28  and between the authority and a corporate trustee, which may

29  be any trust company or bank having the powers of a trust

30  company within or without the state.  The trust agreement may

31  pledge or assign the revenues to be received by the authority;

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  1  may contain such provisions for protecting and enforcing the

  2  rights and remedies of the bondholders as may be reasonable

  3  and proper and not in violation of law, particularly including

  4  such provisions as have hereinabove been specifically

  5  authorized to be included in any bond resolution of the

  6  authority; and may restrict individual rights of action by

  7  bondholders.  Any bank or trust company incorporated under the

  8  laws of this state which may act as depository of the proceeds

  9  of bonds or of revenues or other moneys may furnish such

10  indemnifying bonds or pledge such securities as may be

11  required by the authority.  Any such trust agreement may set

12  forth the rights and remedies of the bondholders and of the

13  trustee.  In addition, any trust agreement may contain such

14  other provisions as the authority may deem reasonable and

15  proper for the security of the bondholders.  All expenses

16  incurred in carrying out the provisions of the trust agreement

17  may be treated as part of the cost of the operation of an

18  education loan program.

19         Section 228.  Notwithstanding subsection (7) of section

20  3 of chapter 2000-321, Laws of Florida, section 240.482,

21  Florida Statutes, shall not stand repealed January 7, 2003, as

22  scheduled by that law, but that section is reenacted to read:

23         240.482  Payment of obligations.--Obligations issued

24  under the provisions of this act shall not be deemed to

25  constitute a debt or liability of the state or the county or a

26  pledge of the faith and credit of the state or any county, but

27  such obligations shall be payable solely from the funds herein

28  provided therefor from revenues.  Each such obligation shall

29  contain on its face a statement to the effect that neither the

30  county nor the authority shall be obligated to pay the same or

31  the interest thereon except from revenues of the loan program

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  1  for which it is issued and that neither the faith and credit

  2  nor the taxing power of the state or of any political

  3  subdivision thereof is pledged to the payment of the principal

  4  of or the interest on such bonds.  The issuance of obligations

  5  under the provisions of this act shall not directly,

  6  indirectly, or contingently obligate the state or any

  7  political subdivision thereof to levy or pledge any form of

  8  taxation whatever therefor or to make any appropriation for

  9  their payment.

10         Section 229.  Notwithstanding subsection (7) of section

11  3 of chapter 2000-321, Laws of Florida, section 240.483,

12  Florida Statutes, shall not stand repealed January 7, 2003, as

13  scheduled by that law, but that section is reenacted to read:

14         240.483  Pledge of revenues.--Each authority shall fix,

15  revise, charge, and collect fees, and it is empowered to

16  contract with any person in respect thereof.  Each agreement

17  entered into by the authority with an institution shall

18  provide that the fees and other amounts payable by the

19  institution of higher education with respect to any program of

20  the authority shall be sufficient at all times to:

21         (1)  Pay the institution's share of the administrative

22  costs and expenses of such program;

23         (2)  Pay the principal of, the premium, if any, on, and

24  the interest on outstanding obligations of the authority which

25  have been issued in respect of such program to the extent that

26  other revenues of the authority pledged for the payment of the

27  obligations are insufficient to pay the obligations as they

28  become due and payable;

29         (3)  Create and maintain reserves which may, but need

30  not, be required or provided for in the bond resolution

31  relating to such obligations of the authority; and

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  1         (4)  Establish and maintain whatever education loan

  2  servicing, control, or audit procedures are deemed necessary

  3  to the prudent operations of the authority.

  4  

  5  The authority shall pledge the revenues from each program as

  6  security for the issue of obligations relating to such

  7  program. Such pledge shall be valid and binding from the time

  8  the pledge is made; the revenues so pledged by the authority

  9  shall immediately be subject to the lien of such pledge

10  without any physical delivery thereof or further act, and the

11  lien of any such pledge shall be valid and binding against all

12  parties having claims of any kind in tort, in contract, or

13  otherwise against the authority or any participating

14  institution, irrespective of whether such parties have notice

15  thereof.

16         Section 230.  Notwithstanding subsection (7) of section

17  3 of chapter 2000-321, Laws of Florida, section 240.484,

18  Florida Statutes, shall not stand repealed January 7, 2003, as

19  scheduled by that law, but that section is reenacted to read:

20         240.484  Funds as trust funds.--All moneys received by

21  or on behalf of an authority pursuant to this act, whether as

22  proceeds from the sale of obligations or as revenues, shall be

23  deemed to be trust funds to be held and applied solely as

24  provided in this act.  Any officer with whom, or any bank or

25  trust company with which, such moneys are deposited shall act

26  as trustee of such moneys and shall hold and apply the same

27  for the purposes of this act, subject to such regulations as

28  this act and the bond resolution authorizing the issue of any

29  obligations may provide.

30         Section 231.  Notwithstanding subsection (7) of section

31  3 of chapter 2000-321, Laws of Florida, section 240.485,

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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         240.485  Obligations; qualities of investment

  4  securities.--All obligations issued under the provisions of

  5  this act, regardless of form or terms, shall have all the

  6  qualities and incidents, including negotiability, of

  7  investment securities under the Uniform Commercial Code.

  8  Compliance with the provisions of such code respecting the

  9  filing of a financing statement to perfect a security interest

10  is not necessary for perfecting any security interest granted

11  by an authority.

12         Section 232.  Notwithstanding subsection (7) of section

13  3 of chapter 2000-321, Laws of Florida, section 240.486,

14  Florida Statutes, shall not stand repealed January 7, 2003, as

15  scheduled by that law, but that section is reenacted to read:

16         240.486  Rights of holders of obligations.--Any holder

17  of obligations issued pursuant to this act or a trustee under

18  a trust agreement entered into pursuant to this act, except to

19  the extent that the rights herein given may be restricted by

20  any bond resolution or trust agreement, may, by any suitable

21  form of legal proceedings:

22         (1)  Protect and enforce any and all rights under the

23  laws of this state or granted hereunder or by the bond

24  resolution or trust agreement;

25         (2)  Enjoin unlawful activities; and

26         (3)  In the event of default with respect to the

27  payment of any principal of, premiums, if any, on, and

28  interest on any obligation or in the performance of any

29  covenant or agreement on the part of the authority in the bond

30  resolution, apply to the circuit court to appoint a receiver

31  to administer and operate the education loan program or

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  1  programs, the revenues of which are pledged to the payment of

  2  principal of, premium, if any, on, and interest on such

  3  obligations, with full power to pay, and to provide for

  4  payment of, principal of, premium, if any, on, and interest on

  5  such obligations and with such powers, subject to the

  6  direction of the court, as are permitted by law and are

  7  accorded receivers, excluding any power to pledge additional

  8  revenues of the authority to the payment of such principal,

  9  premium, and interest.

10         Section 233.  Notwithstanding subsection (7) of section

11  3 of chapter 2000-321, Laws of Florida, section 240.487,

12  Florida Statutes, shall not stand repealed January 7, 2003, as

13  scheduled by that law, but that section is reenacted to read:

14         240.487  Refunding obligations; purpose, proceeds;

15  investment of proceeds.--

16         (1)  An authority may provide for the issuance of

17  obligations for the purpose of refunding any of its

18  obligations then outstanding, including the payment of any

19  redemption premium thereon and any interest accrued or to

20  accrue to the earliest or any subsequent date of redemption,

21  purchase, or maturity of such obligations.

22         (2)  The proceeds of any such obligations issued for

23  the purpose of refunding outstanding obligations may, in the

24  discretion of the authority, be applied to the purchase or

25  retirement at maturity or redemption of such outstanding

26  obligations either on their earliest or any subsequent

27  redemption date or upon the purchase or at the maturity

28  thereof and may, pending such application, be placed in escrow

29  to be applied to such purchase or retirement at maturity or

30  redemption on such date as may be determined by the authority.

31  

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  1         (3)  Any such escrowed proceeds, pending such use, may

  2  be invested and reinvested in direct obligations of the United

  3  States of America or in certificates of deposit or time

  4  deposits of financial institutions secured as to principal by

  5  such direct obligations, which direct obligations,

  6  certificates of deposit, or time deposits mature at such time

  7  as shall be appropriate to assure the prompt payment, as to

  8  principal, interest, and redemption premium, if any, of the

  9  outstanding obligations to be so refunded. The interest,

10  income, and profits, if any, earned or realized on any such

11  investment may also be applied to the payment of the

12  outstanding obligations to be so refunded.  After the terms of

13  the escrow have been fully satisfied and carried out, any

14  balance of such proceeds and interest, income, and profits, if

15  any, earned or realized on the investments thereof shall be

16  returned to the authority for use in any lawful manner.

17         (4)  All such refunding bonds shall be subject to this

18  act in the same manner and to the same extent as other revenue

19  bonds issued pursuant to this act.

20         Section 234.  Notwithstanding subsection (7) of section

21  3 of chapter 2000-321, Laws of Florida, section 240.488,

22  Florida Statutes, shall not stand repealed January 7, 2003, as

23  scheduled by that law, but that section is reenacted to read:

24         240.488  Investment of funds of authority.--Except as

25  otherwise provided in s. 240.487(3), an authority may invest

26  any funds in:

27         (1)  Direct obligations of the United States of

28  America;

29         (2)  Obligations as to which the timely payment of

30  principal and interest is fully guaranteed by the United

31  States of America;

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  1         (3)  Obligations of the Federal Intermediate Credit

  2  Banks, Federal Banks for Cooperatives, Federal Land Banks,

  3  Federal Home Loan Banks, Federal National Mortgage

  4  Association, Government National Mortgage Association, and

  5  Student Loan Marketing Association;

  6         (4)  Certificates of deposit or time deposits

  7  constituting direct obligations of any financial institution

  8  as defined by the financial institutions codes, as now or

  9  hereafter amended, except that investments may be made only in

10  those certificates of deposit or time deposits in financial

11  institutions which are insured by the appropriate federal

12  regulatory agency as defined in s. 655.005; and

13         (5)  Withdrawable capital accounts or deposits of state

14  or federally chartered savings and loan associations which are

15  insured by an agency of the Federal Government.  Any such

16  securities may be purchased at the offering or market price

17  thereof at the time of such purchase.  All such securities so

18  purchased shall mature or be redeemable on a date prior to the

19  time when, in the judgment of the authority, the funds so

20  invested will be required for expenditure.  The express

21  judgment of the authority as to the time when any funds will

22  be required for expenditure or be redeemable is final and

23  conclusive.

24         Section 235.  Notwithstanding subsection (7) of section

25  3 of chapter 2000-321, Laws of Florida, section 240.489,

26  Florida Statutes, shall not stand repealed January 7, 2003, as

27  scheduled by that law, but that section is reenacted to read:

28         240.489  Obligations as legal investments.--Any bank,

29  banker, trust company, savings bank or institution, building

30  and loan association, savings and loan association, investment

31  company, or other person carrying on a banking business or

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  1  investment business; insurance company or insurance

  2  association; executor, administrator, guardian, trustee, or

  3  other fiduciary; or public officer or public body of the state

  4  or its political subdivisions may legally invest any sinking

  5  funds, moneys, or other funds belonging to it or within its

  6  control in any obligations issued pursuant to this act.

  7         Section 236.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.49,

  9  Florida Statutes, shall not stand repealed January 7, 2003, as

10  scheduled by that law, but that section is reenacted to read:

11         240.49  Validation of bonds and proceedings.--A higher

12  education loan authority shall determine its authority to

13  issue any of its bonds, and the legality of all proceedings in

14  connection therewith, as provided in chapter 75.

15         Section 237.  Notwithstanding subsection (7) of section

16  3 of chapter 2000-321, Laws of Florida, section 240.491,

17  Florida Statutes, shall not stand repealed January 7, 2003, as

18  scheduled by that law, but that section is reenacted to read:

19         240.491  Actions to contest validity of bonds.--An

20  action or proceeding to contest the validity of any bond

21  issued under this act, other than a proceeding pursuant to s.

22  240.49, shall be commenced within 30 days after notification,

23  in a newspaper of general circulation within the area, of the

24  passage by the authority of the resolution authorizing the

25  issuance of such bond.

26         Section 238.  Notwithstanding subsection (7) of section

27  3 of chapter 2000-321, Laws of Florida, section 240.492,

28  Florida Statutes, shall not stand repealed January 7, 2003, as

29  scheduled by that law, but that section is reenacted to read:

30         240.492  Annual report.--Each authority shall keep an

31  accurate account of all of its activities and shall annually

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  1  provide a report thereof to the commission and to the

  2  Commissioner of Education.  Such report shall be a public

  3  record and open for inspection at the offices of the authority

  4  during normal business hours.  The report shall include:

  5         (1)  Summaries of all applications by institutions of

  6  higher education for education loan financing assistance

  7  presented to the authority during such fiscal year;

  8         (2)  Summaries of all education loan programs which

  9  have received any form of financial assistance from the

10  authority during such year;

11         (3)  The nature and amount of all education loan

12  financing assistance;

13         (4)  A report concerning the financial condition of the

14  various education loan series portfolios; and

15         (5)  Projected activities of the authority for the next

16  fiscal year, including projections of the total amount of

17  financial assistance anticipated and the amount of obligations

18  that will be necessary to provide the projected level of

19  assistance during the next fiscal year.

20         Section 239.  Notwithstanding subsection (7) of section

21  3 of chapter 2000-321, Laws of Florida, section 240.493,

22  Florida Statutes, shall not stand repealed January 7, 2003, as

23  scheduled by that law, but that section is reenacted to read:

24         240.493  Act as alternative method.--This act shall be

25  deemed to provide a complete, additional, and alternative

26  method for the doing of the things authorized hereby and shall

27  be regarded as supplemental and additional to powers or rights

28  conferred by other laws; however, the issuance of obligations

29  and refunding obligations under this act need not comply with

30  the requirements of any other law applicable to the issuance

31  of obligations.  Except as otherwise expressly provided in

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  1  this act, none of the powers granted to an authority under

  2  this act shall be subject to the supervision or regulation, or

  3  require the approval or consent, of any municipality or

  4  political subdivision or any department, division, commission,

  5  board, body, bureau, official, or agency thereof or of the

  6  state.

  7         Section 240.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.494,

  9  Florida Statutes, shall not stand repealed January 7, 2003, as

10  scheduled by that law, but that section is reenacted to read:

11         240.494  State agreement.--The state does hereby pledge

12  to and agree with the holders of any obligations issued under

13  this act, and with those parties who may enter into contracts

14  with an authority pursuant to the provisions of this act, that

15  the state will not limit or alter the rights hereby vested in

16  the authority until such obligations, together with the

17  interest thereon, are fully met and discharged and such

18  contracts are fully performed on the part of the authority;

19  however, nothing herein contained shall preclude such

20  limitation or alteration if adequate provision is made by law

21  for the protection of the holders of such obligations of an

22  authority or those entering into such contracts with an

23  authority.  An authority is authorized to include this pledge

24  and undertaking for the state in such obligations or

25  contracts.

26         Section 241.  Notwithstanding subsection (7) of section

27  3 of chapter 2000-321, Laws of Florida, section 240.495,

28  Florida Statutes, shall not stand repealed January 7, 2003, as

29  scheduled by that law, but that section is reenacted to read:

30         240.495  Conflicts of interest.--

31  

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  1         (1)  If any member, officer, or employee of an

  2  authority has an interest, either direct or indirect, in any

  3  contract to which the authority is, or is to be, a party or in

  4  any institution requesting an authority loan from the

  5  authority, such interest shall be disclosed to the authority

  6  in writing and shall be set forth in the minutes of the

  7  authority. The person having such interest shall not

  8  participate in any action by the authority with respect to

  9  such contract or such institution.

10         (2)  Nothing in this section shall be construed to

11  limit the right of any member, officer, or employee of an

12  authority to acquire an interest in bonds of the authority or

13  to have an interest in any banking institution in which the

14  bonds of the authority are, or are to be, deposited or which

15  is, or is to be, acting as trustee or paying agent under any

16  bond resolution, trust indenture, or similar instrument to

17  which the authority is a party.

18         Section 242.  Notwithstanding subsection (7) of section

19  3 of chapter 2000-321, Laws of Florida, section 240.496,

20  Florida Statutes, shall not stand repealed January 7, 2003, as

21  scheduled by that law, but that section is reenacted to read:

22         240.496  Liberal construction.--This act, being

23  necessary for the welfare of the state and its inhabitants,

24  shall be liberally construed to effect its purpose.

25         Section 243.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.497,

27  Florida Statutes, shall not stand repealed January 7, 2003, as

28  scheduled by that law, but that section is reenacted to read:

29         240.497  Tax exemption.--Neither an authority nor its

30  agent or trustee shall be required to pay any taxes or

31  assessments upon any transactions, or any property acquired or

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  1  used by the authority or its agents or trustees under the

  2  provisions of this act or upon the income therefrom.  Any

  3  bonds, notes, or other obligations issued under the provisions

  4  of this act and their transfer and the income therefrom,

  5  including any profit made on the sale thereof, shall at all

  6  times be exempt from taxation of any kind by the state or any

  7  of its political subdivisions.  The exemption granted by this

  8  section shall not be applicable to any tax imposed by chapter

  9  220 on interest, income, or profits on debt obligations owned

10  by corporations.

11         Section 244.  Notwithstanding subsection (7) of section

12  3 of chapter 2000-321, Laws of Florida, section 240.4975,

13  Florida Statutes, shall not stand repealed January 7, 2003, as

14  scheduled by that law, but that section is reenacted to read:

15         240.4975  State Board of Administration authority to

16  borrow and lend funds to finance student loans; conditions and

17  limitations.--

18         (1)  The State of Florida, acting through the State

19  Board of Administration, is authorized to borrow funds to

20  finance student loans and to lend such funds to eligible

21  lenders described under the provisions of the Higher Education

22  Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may

23  be amended, or other federal laws providing for the guarantee

24  of loans to students and the partial payment of interest on

25  such loans by the United States Government.

26         (2)  In order to obtain such funds, the State of

27  Florida, acting through the State Board of Administration, is

28  authorized to enter into loan agreements and interlocal

29  agreements with any county, municipality, special district, or

30  other local governmental body. Such agreements shall be for

31  such periods and under such terms and conditions as may be

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  1  mutually agreed upon by the parties thereto in order to carry

  2  out the purposes of s. 15, Art. VII of the State Constitution.

  3  The loans shall be repaid only from the proceeds received

  4  under loan agreements with eligible lenders or from the

  5  proceeds received from the repayment of the student loans.

  6  Such agreements shall provide that the loans to the state will

  7  not constitute a general or moral obligation or a pledge of

  8  the faith and credit or the taxing power of the state.

  9         (3)  The State of Florida, acting through the State

10  Board of Administration, is further authorized to enter into

11  loan agreements or other contracts under which the state will

12  loan the funds obtained from the local governments to eligible

13  lenders as defined in s. 435(g)(1)(D) of the Higher Education

14  Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may

15  be amended, or other federal laws providing for the guarantee

16  of loans to students and the partial payment of interest on

17  such loans by the United States Government.  Such agreements

18  or contracts shall be for such periods and under such terms

19  and conditions as may be mutually agreed upon by the parties

20  thereto in order to carry out the purposes of s. 15, Art. VII

21  of the State Constitution.  Higher Education Loan Program of

22  Florida, Inc., a Florida nonprofit corporation, is hereby

23  designated an eligible lender hereunder, and any other lender,

24  to the extent permitted under s. 435(g)(1)(D) of the Higher

25  Education Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended

26  or as may be amended, or other federal laws providing for the

27  guarantee of loans to students and the partial payment of

28  interest on such loans by the United States Government, may be

29  designated by the Governor, with the concurrence of the State

30  Board of Administration, as an eligible lender hereunder.

31  

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  1         (4)  The State of Florida, acting through the State

  2  Board of Administration, is further authorized to enter into

  3  such further contracts and to take such further actions as may

  4  be necessary or convenient in order to carry out the purposes

  5  of this section.

  6         (5)  Notice shall be published in a newspaper of

  7  general circulation within the territorial jurisdiction of the

  8  governmental body following adoption by the local governmental

  9  body of a resolution authorizing a loan agreement or

10  interlocal agreement under this section.  An action or

11  proceeding to contest the validity of any such loan agreement

12  or interlocal agreement must be commenced within 30 days after

13  publication of such notice.

14         (6)  The provisions of this section shall be liberally

15  construed in order to effectively carry out its purposes.

16  This section shall be deemed to provide an additional and

17  alternative method for the doing of the things authorized

18  hereby and shall be regarded as supplemental to powers

19  conferred by other laws, and shall not be regarded as in

20  derogation of any powers now existing.

21         Section 245.  Notwithstanding subsection (7) of section

22  3 of chapter 2000-321, Laws of Florida, section 240.498,

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         240.498  Florida Education Fund.--

27         (1)  This section shall be known and may be cited as

28  the "Florida Education Fund Act."

29         (2)(a)  The Florida Education Fund, a not-for-profit

30  statutory corporation, is created from a challenge endowment

31  grant from the McKnight Foundation and operates on income

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  1  derived from the investment of endowment gifts and other gifts

  2  as provided by state statute and appropriate matching funds as

  3  provided by the state.

  4         (b)  The amount appropriated to the fund shall be on

  5  the basis of $1 for each $2 contributed by private sources.

  6  The Florida Education Fund shall certify to the Legislature

  7  the amount of donations contributed between July 1, 1990, and

  8  June 30, 1991. Only the new donations above the certified base

  9  shall be calculated for state matching funds during the first

10  year of the program. In subsequent years, only the new

11  donations above the certified prior year base shall be

12  calculated for state matching funds.

13         (3)  The Florida Education Fund shall use the income of

14  the fund to provide for programs which seek to:

15         (a)  Enhance the quality of higher educational

16  opportunity in this state;

17         (b)  Enhance equality by providing access to effective

18  higher education programs by minority and economically

19  deprived individuals in this state, with particular

20  consideration to be given to the needs of both blacks and

21  women; and

22         (c)  Increase the representation of minorities in

23  faculty and administrative positions in higher education in

24  this state and to provide more highly educated minority

25  leadership in business and professional enterprises in this

26  state.

27         (4)  The Florida Education Fund shall be administered

28  by a board of directors, which is hereby established.

29         (a)  The board of directors shall consist of 12

30  members, to be appointed as follows:

31         1.  Two laypersons appointed by the Governor;

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  1         2.  Two laypersons appointed by the President of the

  2  Senate;

  3         3.  Two laypersons appointed by the Speaker of the

  4  House of Representatives;

  5         4.  Two representatives of the state universities State

  6  University System appointed by the director of the Division of

  7  Colleges and Universities and two representatives of the state

  8  community colleges appointed by the director of the Division

  9  of Community Colleges; and Board of Regents;

10         5.  Two representatives of the Florida Community

11  College System appointed by the State Board of Community

12  Colleges; and

13         5.6.  One representative Two representatives of

14  independent colleges or universities appointed by the

15  Commission for Independent Education and one representative of

16  independent colleges and universities appointed by the State

17  Board of Independent Colleges and Universities of Florida.

18  

19  The board of directors may appoint to the board an additional

20  five members from the private sector for the purpose of

21  assisting in the procurement of private contributions. Such

22  members shall serve as voting members of the board.

23         (b)  Each of the educational sectors in paragraph (a)

24  shall be represented by a president and a faculty member of

25  the corresponding institutions.

26         (c)  Each director shall hold office for a term of 3

27  years or until resignation or removal for cause.  A director

28  may resign at any time by filing his or her written

29  resignation with the executive secretary for the board. The

30  terms of the directors shall be staggered so that the terms of

31  one-third of the directors will expire annually.

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  1         (d)  In the event of a vacancy on the board caused by

  2  other than the expiration of a term, a new member shall be

  3  appointed by the appointing entity in the sector of which the

  4  vacancy occurs.

  5         (e)  Each member is accountable to the Governor for the

  6  proper performance of the duties of his or her office.  The

  7  Governor shall cause any complaint or unfavorable report

  8  received concerning an action of the board or any of its

  9  members to be investigated and shall take appropriate action

10  thereon.  The Governor may remove any member from office for

11  malfeasance, misfeasance, neglect of duty, incompetence, or

12  permanent inability to perform his or her official duties or

13  for pleading nolo contendere to, or being found guilty of, a

14  crime.

15         (5)  The Board of Directors of the Florida Education

16  Fund shall review and evaluate initial programs created by the

17  McKnight Foundation and continue funding the Black Doctorate

18  Fellowship Program and the Junior Fellowship Program if the

19  evaluation is positive, and the board shall identify,

20  initiate, and fund new and creative programs and monitor,

21  review, and evaluate those programs.  The purpose of this

22  commitment is to broaden the participation and funding

23  potential for further significant support of higher education

24  in this state. In addition, the board shall:

25         (a)  Hold such meetings as are necessary to implement

26  the provisions of this section.

27         (b)  Select a chairperson annually.

28         (c)  Adopt and use an official seal in the

29  authentication of its acts.

30         (d)  Make rules for its own government.

31         (e)  Administer this section.

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  1         (f)  Appoint an executive director to serve at its

  2  pleasure and perform all duties assigned by the board.  The

  3  executive director shall be the chief administrative officer

  4  and agent of the board.

  5         (g)  Maintain a record of its proceedings.

  6         (h)  Delegate to the chairperson of the board the

  7  responsibility for signing final orders.

  8         (i)  Utilize existing higher education organizations,

  9  associations, and agencies to carry out its educational

10  programs and purposes with minimal staff employment.

11         (j)  Be empowered to enter into contracts with the

12  Federal Government, state agencies, or individuals.

13         (k)  Receive bequests, gifts, grants, donations, and

14  other valued goods and services.  Such bequests and gifts

15  shall be used only for the purpose or purposes stated by the

16  donor.

17         (6)  The board of directors is authorized to establish

18  a trust fund from the proceeds of the Florida Education Fund.

19  All funds deposited into the trust fund shall be invested

20  pursuant to the provisions of s. 215.47. Interest income

21  accruing to the unused portion of the trust fund shall

22  increase the total funds available for endowments.  The

23  Department of Education may, at the request of the board of

24  directors, administer the fund for investment purposes.

25         (7)  It is the intent of the Legislature that the Board

26  of Directors of the Florida Education Fund recruit eligible

27  residents of the state before it extends its search to

28  eligible nonresidents. However, for the purposes of subsection

29  (8), the board of directors shall recruit eligible residents

30  only. It is further the intent of the Legislature that the

31  

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  1  board of directors establish service terms, if any, that

  2  accompany the award of moneys from the fund.

  3         (8)  There is created a legal education component of

  4  the Florida Education Fund to provide the opportunity for

  5  minorities to attain representation within the legal

  6  profession proportionate to their representation within the

  7  general population. The legal education component of the

  8  Florida Education Fund includes a law school program and a

  9  pre-law program.

10         (a)  The law school scholarship program of the Florida

11  Education Fund is to be administered by the Board of Directors

12  of the Florida Education Fund for the purpose of increasing by

13  200 the number of minority students enrolled in law schools in

14  this state. Implementation of this program is to be phased in

15  over a 3-year period.

16         1.  The board of directors shall provide financial,

17  academic, and other support to students selected for

18  participation in this program from funds appropriated by the

19  Legislature.

20         2.  Student selection must be made in accordance with

21  rules adopted by the board of directors for that purpose and

22  must be based, at least in part, on an assessment of potential

23  for success, merit, and financial need.

24         3.  Support must be made available to students who

25  enroll in private, as well as public, law schools in this

26  state which are accredited by the American Bar Association.

27         4.  Scholarships must be paid directly to the

28  participating students.

29         5.  Students who participate in this program must agree

30  in writing to sit for The Florida Bar examination and, upon

31  successful admission to The Florida Bar, to either practice

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  1  law in the state for a period of time equal to the amount of

  2  time for which the student received aid, up to 3 years, or

  3  repay the amount of aid received.

  4         6.  Annually the board of directors shall compile a

  5  report that includes a description of the selection process,

  6  an analysis of the academic progress of all scholarship

  7  recipients, and an analysis of expenditures. This report must

  8  be submitted to the President of the Senate, the Speaker of

  9  the House of Representatives, and the Governor.

10         (b)  The minority pre-law scholarship loan program of

11  the Florida Education Fund is to be administered by the Board

12  of Directors of the Florida Education Fund for the purpose of

13  increasing the opportunity of minority students to prepare for

14  law school.

15         1.  From funds appropriated by the Legislature, the

16  board of directors shall provide for student fees, room,

17  board, books, supplies, and academic and other support to

18  selected minority undergraduate students matriculating at

19  eligible public and independent colleges and universities in

20  Florida.

21         2.  Student selection must be made in accordance with

22  rules adopted by the board of directors for that purpose and

23  must be based, at least in part, on an assessment of potential

24  for success, merit, and financial need.

25         3.  To be eligible, a student must make a written

26  agreement to enter or be accepted to enter a law school in

27  this state within 2 years after graduation or repay the

28  scholarship loan amount plus interest at the prevailing rate.

29         4.  Recipients who fail to gain admission to a law

30  school within the specified period of time, may, upon

31  

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  1  admission to law school, be eligible to have their loans

  2  canceled.

  3         5.  Minority pre-law scholarship loans shall be

  4  provided to 34 minority students per year for up to 4 years

  5  each, for a total of 136 scholarship loans.  To continue

  6  receipt of scholarship loans, recipients must maintain a 2.75

  7  grade point average for the freshman year and a 3.25 grade

  8  point average thereafter. Participants must also take

  9  specialized courses to enhance competencies in English and

10  logic.

11         6.  The board of directors shall maintain records on

12  all scholarship loan recipients. Participating institutions

13  shall submit academic progress reports to the board of

14  directors following each academic term.  Annually, the board

15  of directors shall compile a report that includes a

16  description of the selection process, an analysis of the

17  academic progress of all scholarship loan recipients, and an

18  analysis of expenditures.  This report must be submitted to

19  the President of the Senate, the Speaker of the House of

20  Representatives, and the Governor.

21         Section 246.  Section 240.4986, Florida Statutes, is

22  repealed.

23         Section 247.  Notwithstanding subsection (7) of section

24  3 of chapter 2000-321, Laws of Florida, section 240.4987,

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         240.4987  Florida Minority Medical Education Program.--

29         (1)  There is created a Florida Minority Medical

30  Education Program to be administered by the Department of

31  Education in accordance with rules established by the State

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  1  Board of Education. The program shall provide scholarships to

  2  enable minority students to pursue a medical education at

  3  Florida State University, the University of Florida, the

  4  University of South Florida, the University of Miami, or

  5  Southeastern University of the Health Sciences, for the

  6  purpose of addressing the primary health care needs of

  7  underserved groups.

  8         (2)  In order to be eligible to receive a scholarship

  9  pursuant to this section, an applicant shall:

10         (a)  Be a racial or ethnic minority student.

11         (b)  Be a citizen of the United States and meet the

12  general eligibility requirements as provided in s. 240.404,

13  except as otherwise provided in this section.

14         (c)  Have maintained residency in this state for no

15  less than 1 year preceding the award.

16         (d)  Be accepted by, and enroll as a full-time student

17  in, a Florida medical school.

18         (e)  Have an undergraduate grade point average

19  established by rule.

20         (f)  Have received scores on selected examinations

21  established by rule.

22         (g)  Meet financial need requirements established by

23  rule.

24         (h)  Agree to serve in a medical corps for a period of

25  not less than 2 years for the purpose of providing health care

26  to underserved individuals in the State of Florida.

27         (3)  In order to renew a scholarship awarded pursuant

28  to this section, a student shall maintain full-time student

29  status and a cumulative grade point average established by

30  rule.

31  

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  1         (4)  The number of scholarships annually awarded shall

  2  be three per school. Priority in the distribution of

  3  scholarships shall be given to students with the lowest total

  4  family resources.

  5         (5)  Funds appropriated by the Legislature for the

  6  program shall be deposited in the State Student Financial

  7  Assistance Trust Fund. Interest income accruing to the program

  8  from funds of the program in the trust fund not allocated

  9  shall increase the funds available for scholarships. Any

10  balance in the trust fund at the end of any fiscal year that

11  has been allocated to the program shall remain in the trust

12  fund and shall be available for carrying out the purposes of

13  this section.

14         (6)  A scholarship recipient who, upon graduation,

15  defaults on the commitment to serve in the medical corps for

16  the full 2 years shall be required to repay all scholarship

17  money plus interest.

18         (7)  The State Board of Education shall adopt rules

19  necessary to implement the provisions of this section.

20         Section 248.  Notwithstanding subsection (7) of section

21  3 of chapter 2000-321, Laws of Florida, section 240.4988,

22  Florida Statutes, shall not stand repealed January 7, 2003, as

23  scheduled by that law, but that section is reenacted to read:

24         240.4988  The Theodore R. and Vivian M. Johnson

25  Scholarship Program.--

26         (1)  There is established the Theodore R. and Vivian M.

27  Johnson Scholarship Program to be administered by the Board of

28  Regents.  The program shall provide scholarships to students

29  attending a State University System institution.  The program

30  shall be funded by contributions from the Theodore R. and

31  Vivian M. Johnson Scholarship Foundation and from state

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  1  matching funds to be allocated from the Trust Fund for Major

  2  Gifts.

  3         (2)  The amount to be allocated to the program shall be

  4  on the basis of a 50-percent match of funds from the Trust

  5  Fund for Major Gifts for each contribution received from the

  6  Theodore R. and Vivian M. Johnson Scholarship Foundation.  The

  7  funds allocated to the program, including the corpus and

  8  interest income, shall be expended for scholarships to benefit

  9  disabled students of the State University System.

10         (3)  Students eligible for receipt of scholarship funds

11  shall provide documentation of a disability and shall have a

12  demonstrated financial need for the funds.

13         Section 249.  Notwithstanding subsection (7) of section

14  3 of chapter 2000-321, Laws of Florida, section 240.4989,

15  Florida Statutes, shall not stand repealed January 7, 2003, as

16  scheduled by that law, but that section is reenacted to read:

17         240.4989  Educational leadership enhancement grants.--

18         (1)  State universities and public community colleges

19  may submit proposals for educational leadership enhancement

20  grants to the Commissioner of Education.  Proposals shall be

21  funded competitively.

22         (2)  To be eligible for funding, proposals must create

23  programs designed to strengthen the academic and professional

24  coursework or executive management preparation of women and

25  minorities.

26         (3)  Each proposal must include specific measurable

27  goals and objectives.

28         (4)  The State Board of Education may adopt any rules

29  necessary to implement the provisions of this grant program.

30         (5)  The grant program shall be implemented to the

31  extent funded in the General Appropriations Act.

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  1         Section 250.  Section 240.499, Florida Statutes, is

  2  created to read:

  3         240.499  The William L. Boyd, IV, Florida resident

  4  access grants.--

  5         (1)  The Legislature finds that independent, nonprofit

  6  colleges and universities that are eligible to participate in

  7  the William L. Boyd, IV, Florida Resident Access Grant Program

  8  are an integral part of the higher education system in this

  9  state and that a significant number of state residents choose

10  this form of higher education. The Legislature further finds

11  that a strong and viable system of independent, nonprofit

12  colleges and universities reduces the tax burden on the

13  residents of this state.

14         (2)  The William L. Boyd, IV, Florida Resident Access

15  Grant Program shall be administered by the Department of

16  Education. The State Board of Education shall adopt rules for

17  administering the program.

18         (3)  The department shall issue through the program a

19  William L. Boyd, IV, Florida resident access grant to any

20  full-time, degree-seeking undergraduate student registered at

21  an independent, nonprofit college or university that is

22  located in and chartered by the state; that is accredited by

23  the Commission on Colleges of the Southern Association of

24  Colleges and Schools; that grants baccalaureate degrees; that

25  is not a state university or state community college; and that

26  has a secular purpose, so long as the receipt of state aid by

27  students at the institution would not have the primary effect

28  of advancing or impeding religion or result in an excessive

29  entanglement between the state and any religious sect. Any

30  independent college or university that was eligible to receive

31  tuition vouchers on January 1, 1989, and that continues to

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  1  meet the criteria under which its eligibility was established,

  2  shall remain eligible to receive William L. Boyd, IV, Florida

  3  resident access grant payments.

  4         (4)  A person is eligible to receive a William L. Boyd,

  5  IV, Florida resident access grant if he or she meets the

  6  general requirements, including residency, for student

  7  eligibility as provided in s. 240.404, except as otherwise

  8  provided in this section, and if he or she:

  9         (a)  Is enrolled as a full-time undergraduate student

10  at an eligible college or university;

11         (b)  Is not enrolled in a program of study leading to a

12  degree in theology or divinity; and

13         (c)  Is making satisfactory academic progress as

14  defined by the college or university in which he or she is

15  enrolled.

16         (5)(a)  Funding for the William L. Boyd, IV, Florida

17  Resident Access Grant Program shall be based on a formula

18  composed of planned enrollment and the state cost of funding

19  undergraduate enrollment at public institutions under s.

20  240.271. The amount of the William L. Boyd, IV, Florida

21  resident access grant issued to a full-time student shall be

22  an amount specified in the General Appropriations Act. The

23  William L. Boyd, IV, Florida resident access grant may be paid

24  on a prorated basis in advance of the registration period. The

25  department shall make such payments to the college or

26  university in which the student is enrolled for credit to the

27  student's account for payment of tuition and fees.

28  Institutions shall certify to the department the amount of

29  funds disbursed to each student and shall remit to the

30  department any undisbursed advances or refunds within 60 days

31  after the end of regular registration. A student is not

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  1  eligible to receive the award for more than 9 semesters or 14

  2  quarters, except as otherwise provided in s. 240.404(3).

  3         (b)  If the combined amount of the William L. Boyd, IV,

  4  Florida resident access grant issued under this section and

  5  all other scholarships and grants for tuition or fees exceeds

  6  the amount charged to the student for tuition and fees, the

  7  department shall reduce the William L. Boyd, IV, Florida

  8  resident access grant issued under this section by an amount

  9  equal to such excess.

10         (6)  Funds appropriated by the Legislature for the

11  William L. Boyd, IV, Florida Resident Access Grant Program

12  shall be deposited in the State Student Financial Assistance

13  Trust Fund. Notwithstanding s. 216.301 and pursuant to s.

14  216.351, any balance in the trust fund at the end of any

15  fiscal year which has been allocated to the William L. Boyd,

16  IV, Florida Resident Access Grant Program shall remain in the

17  trust fund and shall be available for carrying out the

18  purposes of this section. If the number of eligible students

19  exceeds the total authorized in the General Appropriations

20  Act, an institution may use its own resources to assure that

21  each eligible student receives the full benefit of the grant

22  amount authorized.

23         Section 251.  Section 240.4991, Florida Statutes, is

24  created to read:

25         240.4991  Ethics in Business Scholarship Program.--The

26  Division of Colleges and Universities shall administer the

27  Ethics in Business Scholarship Program. The division shall use

28  moneys appropriated and allocated to the program to create

29  endowments that provide scholarships to undergraduate college

30  students enrolled in public postsecondary education

31  

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  1  institutions. First priority for the award of a scholarship is

  2  to students who demonstrate financial need.

  3         Section 252.  Section 240.4992, Florida Statutes, is

  4  created to read:

  5         240.4992  Ethics in business scholarships.--When the

  6  Department of Insurance receives a $6 million settlement as

  7  specified in the Consent Order of the Treasurer and Insurance

  8  Commissioner, case number 18900-96-c, that portion of the $6

  9  million not used to satisfy the requirements of section 18 of

10  the Consent Order must be transferred from the Insurance

11  Commissioner's Regulatory Trust Fund to the State Student

12  Financial Assistance Trust Fund and is appropriated from the

13  State Student Financial Assistance Trust Fund to provide

14  Ethics in Business scholarships to students enrolled in public

15  community colleges and independent postsecondary education

16  institutions eligible to participate in the William L. Boyd,

17  IV, Florida Resident Access Grant Program. The funds shall be

18  allocated to institutions for scholarships in the following

19  ratio: Two-thirds for community colleges and one-third for

20  eligible independent institutions. The Department of Education

21  shall administer the scholarship program for students

22  attending community colleges and independent institutions.

23  These funds must be allocated to institutions that provide an

24  equal amount of matching funds generated by private donors for

25  the purpose of providing Ethics in Business scholarships.

26  Public funds and funds collected for other purposes may not be

27  used to provide the match. Notwithstanding any other law, the

28  State Board of Administration may invest the funds

29  appropriated under this section. The State Board of Education

30  may adopt rules for administering the program.

31  

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  1         Section 253.  Section 240.4993, Florida Statutes, is

  2  created to read:

  3         240.4993  Florida Work Experience Program.--

  4         (1)  The Florida Work Experience Program is established

  5  and shall be administered by the Department of Education. The

  6  purpose of the program is to introduce eligible students to

  7  work experience that will complement and reinforce their

  8  educational program and career goals and provide a self-help

  9  student aid program. The program shall be available to any

10  student attending:

11         (a)  A state university or community college authorized

12  by state law; or

13         (b)  A nonprofit postsecondary education institution in

14  this state which is eligible to participate in the Florida

15  Private Student Assistance Grant Program or the Florida

16  Postsecondary Student Grant Program under s. 240.409.

17         (2)(a)  A participating institution may use up to 25

18  percent of its program allocation for student employment

19  within the institution.

20         (b)  A participating institution may use up to 10

21  percent of its program allocation for program administration.

22         (3)  Each participating institution may enter into

23  contractual agreements with private or public employers for

24  the purpose of establishing a Florida work experience program.

25         (4)  Each participating postsecondary educational

26  institution shall reimburse employers for student wages from

27  moneys it receives from the trust fund, as authorized in this

28  section. Public elementary or secondary school employers shall

29  be reimbursed for 100 percent of the student's wages by the

30  participating institution. All other employers shall be

31  reimbursed for 70 percent of the student's wages. When a

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  1  college or university employs a student on campus through this

  2  program, other student financial aid funds may not be used to

  3  fund the institution's 30-percent portion of the student's

  4  wages.

  5         (5)  The employer shall furnish the full cost of any

  6  mandatory benefits. Such benefits may not be considered part

  7  of the 30-percent wage requirement total for matching

  8  purposes.

  9         (6)  A student is eligible to participate in the

10  Florida Work Experience Program if the student:

11         (a)  Is enrolled at an eligible college or university

12  as no less than a half-time undergraduate student in good

13  standing. However, a student may be employed during the break

14  between two consecutive terms or employed, although not

15  enrolled, during a term if the student was enrolled at least

16  half time during the preceding term and preregisters as no

17  less than a half-time student for the subsequent academic

18  term. A student who attends an institution that does not

19  provide preregistration shall provide documentation of intent

20  to enroll as no less than a half-time student for the

21  subsequent academic term;

22         (b)  Meets the general requirements for student

23  eligibility as provided in s. 240.404, except as otherwise

24  provided in this section;

25         (c)  Demonstrates financial need; and

26         (d)  Maintains a 2.0 cumulative grade-point average on

27  a 4.0 scale for all college work.

28         (7)  The Department of Education shall prescribe rules

29  that are necessary for administering the program, for

30  determining eligibility and selecting institutions to receive

31  funds for students, for ensuring the proper expenditure of

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  1  funds, and for providing an equitable distribution of funds

  2  between students at public and independent colleges and

  3  universities.

  4         (8)  Funds appropriated by the Legislature for the

  5  Florida Work Experience Program shall be deposited into the

  6  State Student Financial Assistance Trust Fund. The Comptroller

  7  shall authorize expenditures from the trust fund upon receipt

  8  of vouchers approved by the Department of Education.

  9  Notwithstanding s. 216.301 and pursuant to s. 216.351, any

10  balance in the trust fund at the end of any fiscal year which

11  has been allocated to the program shall remain in the trust

12  fund and shall be available for carrying out the purposes of

13  the program.

14         Section 254.  Notwithstanding subsection (7) of section

15  3 of chapter 2000-321, Laws of Florida, section 240.501,

16  Florida Statutes, shall not stand repealed January 7, 2003, as

17  scheduled by that law, but that section is reenacted and

18  amended to read:

19         240.501  Assent to Smith-Lever Act provisions of Act of

20  Congress approved May 8, 1914; board of trustees Regents

21  authorized to receive grants, etc.--The Legislature, in behalf

22  of and for the state, assents to, and gives its assent to, the

23  provisions and requirements of an a certain Act of Congress

24  commonly known as the "Smith-Lever Act," and all acts

25  supplemental thereto, approved by the President May 8, 1914,

26  being entitled "An Act to provide for cooperative agricultural

27  extension work between the agricultural colleges in the

28  several states receiving the benefits of the Act of Congress,

29  approved July 2, 1862, and of acts supplementary thereto, and

30  the United States Department of Agriculture"; and the Board of

31  Trustees of the University of Florida Regents, having

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  1  supervision over and control of the University of Florida,

  2  located at Gainesville, may receive the grants of money

  3  appropriated under that said Act of Congress and organize and

  4  conduct agricultural and home economics extension work, which

  5  shall be carried on in connection with the Institute of Food

  6  and Agricultural Sciences at the University of Florida, in

  7  accordance with the terms and conditions expressed in that

  8  said Act of Congress.

  9         Section 255.  Section 240.503, Florida Statutes, is

10  repealed.

11         Section 256.  Section 240.504, Florida Statutes, is

12  created to read:

13         240.504  Assent to Sections 1444 and 1445 of the Food

14  and Agricultural Act of 1977; board of trustees authorized to

15  receive grants.--The assent of the Legislature is given to the

16  provisions and requirements of ss. 1444 and 1445 of the Act of

17  Congress commonly known as the "Food and Agricultural Act of

18  1977," and all acts supplemental thereto. The Board of

19  Trustees of Florida Agricultural and Mechanical University may

20  receive grants of money appropriated under the act and may

21  organize and conduct agricultural research, which shall be

22  carried on in conjunction with the College of Engineering

23  Services, Sciences, Technology, and Agriculture at Florida

24  Agricultural and Mechanical University, in accordance with the

25  terms and conditions in that Act of Congress.

26         Section 257.  Notwithstanding subsection (7) of section

27  3 of chapter 2000-321, Laws of Florida, section 240.505,

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         240.505  County or area extension programs; cooperation

  2  between counties, the and University of Florida, and Florida

  3  Agricultural and Mechanical University.--

  4         (1)  The Florida Cooperative Extension Service shall be

  5  administered through the University of Florida and receive

  6  program support from the University of Florida and Florida

  7  Agricultural and Mechanical University, in collaboration with

  8  individual county governments. County or area extension

  9  programs will be developed, based on local situations, needs,

10  and problems, supported by scientific and technical

11  information developed by the University of Florida, Florida

12  Agricultural and Mechanical University, the United States

13  Department of Agriculture, and other sources of research

14  information.  This information will be made available through

15  the local program, with the aid of research scientists and

16  extension specialists of the University of Florida, the

17  Institute of Food and Agricultural Sciences, and Florida

18  Agricultural and Mechanical University.

19         (2)  In each county or other geographic subdivision the

20  board of county commissioners or other legally constituted

21  governing body will annually determine the extent of its

22  financial participation in cooperative extension work.  The

23  extent of such financial participation by the counties will

24  influence the number of county extension agents and clerical

25  staff employed and the scope of the local extension program.

26         (3)  Boards of county commissioners or other legally

27  constituted governing bodies will approve or disapprove of

28  persons recommended for extension positions in the county.  If

29  the governing body of the county notifies the extension

30  service by resolution that it wants a list of three qualified

31  candidates, then the extension service shall, for each

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  1  position, make its recommendation by submitting a list of not

  2  fewer than three qualified persons, or all qualified persons

  3  if three or fewer. From this list, the board of county

  4  commissioners, or other legally constituted governing body,

  5  shall make its selection.  If none of the persons recommended

  6  are approved, the extension service shall continue to submit

  7  lists of not fewer than three additional qualified persons

  8  until one person is selected.  If the governing body of the

  9  county does not forward such a resolution to the extension

10  service, the extension service shall recommend one qualified

11  candidate to the governing body.  If a person recommended is

12  not approved, the extension service shall recommend another

13  qualified candidate and shall repeat this procedure as

14  necessary until one person is selected. Extension agents so

15  appointed shall will be faculty staff members of the

16  University of Florida or Florida Agricultural and Mechanical

17  University, depending on the source of funds. It is the

18  responsibility of the cooperative extension service to

19  determine qualifications for positions.

20         (4)  Although county extension agents are jointly

21  employed by the state universities and federal, state, and

22  county governments for the purposes of administration of the

23  cooperative extension service, the personnel policies and

24  procedures of the Board of Trustees of Regents and the

25  University of Florida or the Board of Trustees of Florida

26  Agricultural and Mechanical University, depending on the

27  appointment, shall will apply except in those instances when

28  federal legislation or the basic memorandum of understanding

29  is applicable.

30         (5)  The University of Florida shall will provide the

31  staff of county extension personnel in the county with

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  1  supervision and resources for planning and programming, and.

  2  The university is responsible for the programming process. The

  3  Florida Cooperative Extension Service shall It will make

  4  available needed program materials to the extension agents

  5  through the subject matter specialists or through other

  6  resource persons available from within the university. The

  7  Florida Cooperative Extension Service shall maintain It will

  8  be responsible for maintaining a high level of technical

  9  competence in the county extension staff through a continuous

10  program of inservice training.

11         (6)  The county extension director shall will report

12  periodically to the board of county commissioners or other

13  legally constituted governing body on programs underway and

14  results in the county. Each board of county commissioners or

15  other legally constituted governing body shall will develop a

16  plan that enables which will enable it to be kept informed on

17  the progress and results of the local extension program so

18  that its own knowledge of program needs and problems may

19  become a part of the educational work carried on by the

20  agents. Such plan shall provide for a means of communicating

21  the board's satisfaction with the extension program to the

22  county extension director and the cooperative extension

23  service.

24         Section 258.  Notwithstanding subsection (7) of section

25  3 of chapter 2000-321, Laws of Florida, section 240.507,

26  Florida Statutes, shall not stand repealed January 7, 2003, as

27  scheduled by that law, but that section is reenacted and

28  amended to read:

29         240.507  Extension personnel; federal health insurance

30  programs notwithstanding the provisions of s. 110.123.--The

31  Institute of Food and Agricultural Sciences at the University

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  1  of Florida may is authorized to pay the employer's share of

  2  premiums to the Federal Health Benefits Insurance Program from

  3  its appropriated budget for any cooperative extension employee

  4  of the institute having both state university and federal

  5  appointments and participating in the Federal Civil Service

  6  Retirement System.

  7         Section 259.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.5095,

  9  Florida Statutes, shall not stand repealed January 7, 2003, as

10  scheduled by that law, but that section is reenacted to read:

11         240.5095  Pari-mutuel wagering funded research and

12  development programs.--Each fiscal year, the first $250,000 of

13  the funds credited to the Pari-mutuel Wagering Trust Fund

14  shall be used to fund the establishment and implementation of

15  research and development programs at the University of

16  Florida. The University of Florida shall administer the

17  distribution of the funds. These programs must include, but

18  are not limited to:

19         (1)  Research related to the breeding, health, feeding,

20  or training of dogs and horses.

21         (2)  Development of continuing education programs for

22  individuals involved in the care and treatment of dogs and

23  horses at pari-mutuel facilities.

24         (3)  Establishment of a postmortem evaluation program

25  for break-down injuries of dogs and horses.

26         (4)  Research and development of helmet safety and the

27  improvement of jai alai equipment.

28         Section 260.  Notwithstanding subsection (7) of section

29  3 of chapter 2000-321, Laws of Florida, section 240.511,

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         240.511  Agricultural experiment stations; assent to

  4  Act of Congress; federal appropriation.--The objects and

  5  purposes contained in the Act of Congress entitled "An Act to

  6  provide for an increased annual appropriation for agricultural

  7  experiment stations and regulating the expenditure thereof"

  8  are assented to; and the Board of Trustees of the University

  9  of Florida may Department of Education is authorized to accept

10  and receive the annual appropriations for the use and benefit

11  of the agricultural experiment station fund of the Institute

12  of Food and Agricultural Sciences at Agricultural Department

13  of the University of Florida, located at Gainesville, upon the

14  terms and conditions contained in said Act of Congress.

15         Section 261.  Notwithstanding subsection (7) of section

16  3 of chapter 2000-321, Laws of Florida, section 240.5111,

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         240.5111  Multidisciplinary Center for Affordable

21  Housing.--

22         (1)  The Board of Regents shall establish the

23  Multidisciplinary Center for Affordable Housing is established

24  within the School of Building Construction of the College of

25  Architecture of the University of Florida with the

26  collaboration of other related disciplines such as

27  agriculture, business administration, engineering, law, and

28  medicine. The center shall work in conjunction with other

29  state universities and colleges in the State University

30  System. The Multidisciplinary Center for Affordable Housing

31  shall:

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  1         (a)  Conduct research relating to the problems and

  2  solutions associated with the availability of affordable

  3  housing in the state for families who are below the median

  4  income level and widely disseminate the results of such

  5  research to appropriate public and private audiences in the

  6  state.  Such research shall emphasize methods to improve the

  7  planning, design, and production of affordable housing,

  8  including, but not limited to, the financial, maintenance,

  9  management, and regulatory aspects of residential development.

10         (b)  Provide public services to local, regional, and

11  state agencies, units of government, and authorities by

12  helping them create regulatory climates that are amenable to

13  the introduction of affordable housing within their

14  jurisdictions.

15         (c)  Conduct special research relating to firesafety.

16         (d)  Provide a focus for the teaching of new technology

17  and skills relating to affordable housing in the state.

18         (e)  Develop a base of informational and financial

19  support from the private sector for the activities of the

20  center.

21         (f)  Develop prototypes for both multifamily and

22  single-family units.

23         (g)  Establish a research agenda and general work plan

24  in cooperation with the Department of Community Affairs which

25  is the state agency responsible for research and planning for

26  affordable housing and for training and technical assistance

27  for providers of affordable housing.

28         (h)  Submit a report to the Governor, the President of

29  the Senate, and the Speaker of the House of Representatives by

30  January 1 of each year.  The annual report shall include

31  information relating to the activities of the center,

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  1  including collaborative efforts with public and private

  2  entities, affordable housing models, and any other findings

  3  and recommendations related to the production of safe, decent,

  4  and affordable housing.

  5         (2)  The Director of the Multidisciplinary Center for

  6  Affordable Housing shall be appointed by the Dean of the

  7  College of Architecture of the University of Florida.

  8         Section 262.  Notwithstanding subsection (7) of section

  9  3 of chapter 2000-321, Laws of Florida, section 240.512,

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         240.512  H. Lee Moffitt Cancer Center and Research

14  Institute.--There is established the H. Lee Moffitt Cancer

15  Center and Research Institute at the University of South

16  Florida.

17         (1)  The State Board of Education Board of Regents

18  shall enter into an agreement for the use utilization of the

19  lands and facilities on the campus of the University of South

20  Florida to be known as the H. Lee Moffitt Cancer Center and

21  Research Institute, including all furnishings, equipment, and

22  other chattels used in the operation of said facilities, with

23  a Florida not-for-profit corporation organized solely for the

24  purpose of governing and operating the H. Lee Moffitt Cancer

25  Center and Research Institute. The This not-for-profit

26  corporation, acting as an instrumentality of the State of

27  Florida, shall govern and operate the H. Lee Moffitt Cancer

28  Center and Research Institute in accordance with the terms of

29  the agreement between the State Board of Education Regents and

30  the not-for-profit corporation. The not-for-profit corporation

31  may, with the prior approval of the State Board of Education

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  1  Regents, create not-for-profit corporate subsidiaries to

  2  fulfill its mission. The not-for-profit corporation and its

  3  not-for-profit subsidiaries shall be corporations primarily

  4  acting as instrumentalities of the state, pursuant to s.

  5  768.28(2), for purposes of sovereign immunity. The

  6  not-for-profit corporation and its subsidiaries may are

  7  authorized to receive, hold, invest, and administer property

  8  and any moneys received from private, local, state, and

  9  federal sources, as well as technical and professional income

10  generated or derived from practice activities of the

11  institute, for the benefit of the institute and the

12  fulfillment of its mission. The affairs of the corporation

13  shall be managed by a board of directors who shall serve

14  without compensation. The President of the University of South

15  Florida and the chair of the State Board of Education Board of

16  Regents, or his or her designee, shall be directors of the

17  not-for-profit corporation, together with 5 representatives

18  from other state universities and colleges of the State

19  University System and no more than 14 nor fewer than 10

20  directors who are not medical doctors or state employees. Each

21  director shall have only one vote, shall serve a term of 3

22  years, and may be reelected to the board. Other than the

23  President of the University of South Florida and the chair of

24  the State Board of Education board of Regents, directors shall

25  be elected by a majority vote of the board. The chair of the

26  board of directors shall be selected by majority vote of the

27  directors.

28         (2)  The State Board of Education Regents shall provide

29  in the agreement with the not-for-profit corporation for the

30  following:

31  

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  1         (a)  Approval of the articles of incorporation of the

  2  not-for-profit corporation by the State Board of Education

  3  Regents.

  4         (b)  Approval of the articles of incorporation of any

  5  not-for-profit corporate subsidiary created by the

  6  not-for-profit corporation.

  7         (c)  Utilization of lands, hospital facilities, and

  8  personnel by the not-for-profit corporation and its

  9  subsidiaries for mutually approved teaching and research

10  programs conducted by the University of South Florida or other

11  accredited medical schools or research institutes.

12         (d)  Preparation of an annual postaudit of the

13  not-for-profit corporation's financial accounts and the

14  financial accounts of any subsidiaries to be conducted by an

15  independent certified public accountant. The annual audit

16  report shall include management letters and shall be submitted

17  to the Auditor General and the State Board of Education Board

18  of Regents for review. The State Board of Education Board of

19  Regents, the Auditor General, and the Office of Program Policy

20  Analysis and Government Accountability may shall have the

21  authority to require and receive from the not-for-profit

22  corporation and any subsidiaries or from their independent

23  auditor any detail or supplemental data relative to the

24  operation of the not-for-profit corporation or subsidiary.

25         (e)  Provision by the not-for-profit corporation and

26  its subsidiaries of equal employment opportunities to all

27  persons regardless of race, color, religion, sex, age, or

28  national origin.

29         (3)  The State Board of Education may Regents is

30  authorized to secure comprehensive general liability

31  protection, including professional liability protection, for

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  1  the not-for-profit corporation and its subsidiaries pursuant

  2  to s. 240.213.

  3         (4)  If In the event that the agreement between the

  4  not-for-profit corporation and the State Board of Education

  5  Regents is terminated for any reason, the State Board of

  6  Education Regents shall assume resume governance and operation

  7  of the said facilities.

  8         (5)  The institute shall be administered by a chief

  9  executive officer center director who shall serve at the

10  pleasure of the board of directors of the not-for-profit

11  corporation and who shall have the following powers and duties

12  subject to the approval of the board of directors:

13         (a)  The chief executive officer center director shall

14  establish programs that which fulfill the mission of the

15  institute in research, education, treatment, prevention, and

16  the early detection of cancer; however, the chief executive

17  officer may center director shall not establish academic

18  programs for which academic credit is awarded and which

19  terminate in the conference of a degree without prior approval

20  of the State Board of Education Regents.

21         (b)  The chief executive officer center director shall

22  have control over the budget and the dollars appropriated or

23  donated to the institute from private, local, state, and

24  federal sources, as well as technical and professional income

25  generated or derived from practice activities of the

26  institute. However, professional income generated by

27  university faculty from practice activities at the institute

28  shall be shared between the institute and the university as

29  determined by the chief executive officer center director and

30  the appropriate university dean or vice president department

31  chair.

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  1         (c)  The chief executive officer center director shall

  2  appoint members to carry out the research, patient care, and

  3  educational activities of the institute and determine

  4  compensation, benefits, and terms of service.  Members of the

  5  institute shall be eligible to hold concurrent appointments at

  6  affiliated academic institutions. University faculty shall be

  7  eligible to hold concurrent appointments at the institute.

  8         (d)  The chief executive officer center director shall

  9  have control over the use and assignment of space and

10  equipment within the facilities.

11         (e)  The chief executive officer center director shall

12  have the power to create the administrative structure

13  necessary to carry out the mission of the institute.

14         (f)  The chief executive officer center director shall

15  have a reporting relationship to the State Board of Education

16  Chancellor of the State University System.

17         (g)  The chief executive officer center director shall

18  provide a copy of the institute's annual report to the

19  Governor and Cabinet, the President of the Senate, the Speaker

20  of the House of Representatives, and the chair of the State

21  Board of Education Board of Regents.

22         (6)  The board of directors of the not-for-profit

23  corporation shall create a council of scientific advisers to

24  the chief executive officer center director comprised of

25  leading researchers, physicians, and scientists.  This council

26  shall review programs and recommend research priorities and

27  initiatives so as to maximize the state's investment in the

28  institute. The council shall be appointed by the board of

29  directors of the not-for-profit corporation and shall include

30  five appointees of the Board of Regents. Each member of the

31  

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  1  council shall be appointed to serve a 2-year term and may be

  2  reappointed to the council.

  3         (7)  In carrying out the provisions of this section,

  4  the not-for-profit corporation and its subsidiaries are not

  5  "agencies" within the meaning of s. 20.03(11).

  6         (8)(a)  Records of the not-for-profit corporation and

  7  of its subsidiaries are public records unless made

  8  confidential or exempt by law.

  9         (b)  Proprietary confidential business information is

10  confidential and exempt from the provisions of s. 119.07(1)

11  and s. 24(a), Art. I of the State Constitution. However, the

12  Auditor General, the Office of Program Policy Analysis and

13  Government Accountability, and State Board of Education

14  Regents, pursuant to their oversight and auditing functions,

15  must be given access to all proprietary confidential business

16  information upon request and without subpoena and must

17  maintain the confidentiality of information so received. As

18  used in this paragraph, the term "proprietary confidential

19  business information" means information, regardless of its

20  form or characteristics, which is owned or controlled by the

21  not-for-profit corporation or its subsidiaries; is intended to

22  be and is treated by the not-for-profit corporation or its

23  subsidiaries as private and the disclosure of which would harm

24  the business operations of the not-for-profit corporation or

25  its subsidiaries; has not been intentionally disclosed by the

26  corporation or its subsidiaries unless pursuant to law, an

27  order of a court or administrative body, a legislative

28  proceeding pursuant to s. 5, Art. III of the State

29  Constitution, or a private agreement that provides that the

30  information may be released to the public; and which is

31  information concerning:

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  1         1.  Internal auditing controls and reports of internal

  2  auditors;

  3         2.  Matters reasonably encompassed in privileged

  4  attorney-client communications;

  5         3.  Contracts for managed-care arrangements, including

  6  preferred provider organization contracts, health maintenance

  7  organization contracts, and exclusive provider organization

  8  contracts, and any documents directly relating to the

  9  negotiation, performance, and implementation of any such

10  contracts for managed-care arrangements;

11         4.  Bids or other contractual data, banking records,

12  and credit agreements the disclosure of which would impair the

13  efforts of the not-for-profit corporation or its subsidiaries

14  to contract for goods or services on favorable terms;

15         5.  Information relating to private contractual data,

16  the disclosure of which would impair the competitive interest

17  of the provider of the information;

18         6.  Corporate officer and employee personnel

19  information;

20         7.  Information relating to the proceedings and records

21  of credentialing panels and committees and of the governing

22  board of the not-for-profit corporation or its subsidiaries

23  relating to credentialing;

24         8.  Minutes of meetings of the governing board of the

25  not-for-profit corporation and its subsidiaries, except

26  minutes of meetings open to the public pursuant to subsection

27  (9);

28         9.  Information that reveals plans for marketing

29  services that the corporation or its subsidiaries reasonably

30  expect to be provided by competitors;

31  

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  1         10.  Trade secrets as defined in s. 688.002, including

  2  reimbursement methodologies or rates; or

  3         11.  The identity of donors or prospective donors of

  4  property who wish to remain anonymous or any information

  5  identifying such donors or prospective donors.  The anonymity

  6  of these donors or prospective donors must be maintained in

  7  the auditor's report.

  8  

  9  As used in this paragraph, the term "managed care" means

10  systems or techniques generally used by third-party payors or

11  their agents to affect access to and control payment for

12  health care services. Managed-care techniques most often

13  include one or more of the following:  prior, concurrent, and

14  retrospective review of the medical necessity and

15  appropriateness of services or site of services; contracts

16  with selected health care providers; financial incentives or

17  disincentives related to the use of specific providers,

18  services, or service sites; controlled access to and

19  coordination of services by a case manager; and payor efforts

20  to identify treatment alternatives and modify benefit

21  restrictions for high-cost patient care.

22         (9)  Meetings of the governing board of the

23  not-for-profit corporation and meetings of the subsidiaries of

24  the not-for-profit corporation at which the expenditure of

25  dollars appropriated to the not-for-profit corporation by the

26  state are discussed or reported must remain open to the public

27  in accordance with s. 286.011 and s. 24(b), Art. I of the

28  State Constitution, unless made confidential or exempt by law.

29  Other meetings of the governing board of the not-for-profit

30  corporation and of the subsidiaries of the not-for-profit

31  

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  1  corporation are exempt from s. 286.011 and s. 24(b), Art. I of

  2  the State Constitution.

  3         Section 263.  Notwithstanding subsection (7) of section

  4  3 of chapter 2000-321, Laws of Florida, section 240.5121,

  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         240.5121  Cancer control and research.--

  9         (1)  SHORT TITLE.--This section shall be known and may

10  be cited as the "Cancer Control and Research Act."

11         (2)  LEGISLATIVE INTENT.--It is the finding of the

12  Legislature that:

13         (a)  Advances in scientific knowledge have led to the

14  development of preventive and therapeutic capabilities in the

15  control of cancer. Such knowledge and therapy must be made

16  available to all citizens of this state through educational

17  and therapeutic programs.

18         (b)  The present state of our knowledge concerning the

19  prevalence, cause or associated factors, and treatment of

20  cancer have resulted primarily from a vast federal investment

21  into basic and clinical research, some of which is expended in

22  this state. These research activities must continue, but

23  programs must be established to extend this knowledge in

24  preventive measures and patient treatment throughout the

25  state.

26         (c)  Research in cancer has implicated the environment

27  as a causal factor for many types of cancer, i.e., sunshine, X

28  rays, diet, smoking, etc., and programs are needed to further

29  document such cause and effect relationships.  Proven causes

30  of cancer should be publicized and be the subject of

31  educational programs for the prevention of cancer.

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  1         (d)  An effective cancer control program would mobilize

  2  the scientific, educational, and medical resources that

  3  presently exist into an intense attack against this dread

  4  disease.

  5         (3)  DEFINITIONS.--As The following words and phrases

  6  when used in this section have, the term unless the context

  7  clearly indicates otherwise, the meanings given to them in

  8  this subsection:

  9         (a)  "Cancer" means all malignant neoplasms, regardless

10  of the tissue of origin, including lymphoma and leukemia.

11         (b)  "Council" means the Florida Cancer Control and

12  Research Advisory Council, which is an advisory body appointed

13  to function on a continuing basis for the study of cancer and

14  which recommends solutions and policy alternatives to the

15  State Board of Education Regents and the secretary and which

16  is established by this section.

17         (c)  "Department" means the Department of Health.

18         (d)  "Fund" means the Florida Cancer Control and

19  Research Fund established by this section.

20         (e)  "Qualified nonprofit association" means any

21  association, incorporated or unincorporated, that has received

22  tax-exempt status from the Internal Revenue Service.

23         (f)  "Secretary" means the Secretary of Health.

24         (4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY

25  COUNCIL; CREATION; COMPOSITION.--

26         (a)  There is created within the H. Lee Moffitt Cancer

27  Center and Research Institute, Inc., the Florida Cancer

28  Control and Research Advisory Council.  The council shall

29  consist of 35 members, which includes the chairperson, all of

30  whom must be residents of this state. All members, except

31  those appointed by the Speaker of the House of Representatives

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  1  and the President of the Senate, must be appointed by the

  2  Governor.  At least one of the members appointed by the

  3  Governor must be 60 years of age or older.  One member must be

  4  a representative of the American Cancer Society; one member

  5  must be a representative of the Florida Tumor Registrars

  6  Association; one member must be a representative of the

  7  Sylvester Comprehensive Cancer Center of the University of

  8  Miami; one member must be a representative of the Department

  9  of Health; one member must be a representative of the

10  University of Florida Shands Cancer Center; one member must be

11  a representative of the Agency for Health Care Administration;

12  one member must be a representative of the Florida Nurses

13  Association; one member must be a representative of the

14  Florida Osteopathic Medical Association; one member must be a

15  representative of the American College of Surgeons; one member

16  must be a representative of the School of Medicine of the

17  University of Miami; one member must be a representative of

18  the College of Medicine of the University of Florida; one

19  member must be a representative of NOVA Southeastern College

20  of Osteopathic Medicine; one member must be a representative

21  of the College of Medicine of the University of South Florida;

22  one member must be a representative of the College of Public

23  Health of the University of South Florida; one member must be

24  a representative of the Florida Society of Clinical Oncology;

25  one member must be a representative of the Florida Obstetric

26  and Gynecologic Society who has had training in the specialty

27  of gynecologic oncology; one member must be a representative

28  of the Florida Medical Association; one member must be a

29  member of the Florida Pediatric Society; one member must be a

30  representative of the Florida Radiological Society; one member

31  must be a representative of the Florida Society of

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  1  Pathologists; one member must be a representative of the H.

  2  Lee Moffitt Cancer Center and Research Institute, Inc.; three

  3  members must be representatives of the general public acting

  4  as consumer advocates; one member must be a member of the

  5  House of Representatives appointed by the Speaker of the

  6  House; one member must be a member of the Senate appointed by

  7  the President of the Senate; one member must be a

  8  representative of the Department of Education; one member must

  9  be a representative of the Florida Dental Association; one

10  member must be a representative of the Florida Hospital

11  Association; one member must be a representative of the

12  Association of Community Cancer Centers; one member shall be a

13  representative from a statutory teaching hospital affiliated

14  with a community-based cancer center; one member must be a

15  representative of the Florida Association of Pediatric Tumor

16  Programs, Inc.; one member must be a representative of the

17  Cancer Information Service; one member must be a

18  representative of the Florida Agricultural and Mechanical

19  University Institute of Public Health; and one member must be

20  a representative of the Florida Society of Oncology Social

21  Workers.  Of the members of the council appointed by the

22  Governor, at least 10 must be individuals who are minority

23  persons as defined by s. 288.703(3).

24         (b)  The terms of the members shall be 4 years from

25  their respective dates of appointment.

26         (c)  A chairperson shall be appointed by the Governor

27  for a term of 2 years.  The chairperson shall appoint an

28  executive committee of no fewer than three persons to serve at

29  the pleasure of the chairperson.  This committee will prepare

30  material for the council but make no final decisions.

31  

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  1         (d)  The council shall meet no less than semiannually

  2  at the call of the chairperson or, in his or her absence or

  3  incapacity, at the call of the secretary.  Sixteen members

  4  constitute a quorum for the purpose of exercising all of the

  5  powers of the council.  A vote of the majority of the members

  6  present is sufficient for all actions of the council.

  7         (e)  The council members shall serve without pay.

  8  Pursuant to the provisions of s. 112.061, the council members

  9  may be entitled to be reimbursed for per diem and travel

10  expenses.

11         (f)  No member of the council shall participate in any

12  discussion or decision to recommend grants or contracts to any

13  qualified nonprofit association or to any agency of this state

14  or its political subdivisions with which the member is

15  associated as a member of the governing body or as an employee

16  or with which the member has entered into a contractual

17  arrangement.

18         (g)  The council may prescribe, amend, and repeal

19  bylaws governing the manner in which the business of the

20  council is conducted.

21         (h)  The council shall advise the State Board of

22  Education Regents, the secretary, and the Legislature with

23  respect to cancer control and research in this state.

24         (i)  The council shall approve each year a program for

25  cancer control and research to be known as the "Florida Cancer

26  Plan" which shall be consistent with the State Health Plan and

27  integrated and coordinated with existing programs in this

28  state.

29         (j)  The council shall formulate and recommend to the

30  secretary a plan for the care and treatment of persons

31  suffering from cancer and recommend the establishment of

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  1  standard requirements for the organization, equipment, and

  2  conduct of cancer units or departments in hospitals and

  3  clinics in this state. The council may recommend to the

  4  secretary the designation of cancer units following a survey

  5  of the needs and facilities for treatment of cancer in the

  6  various localities throughout the state.  The secretary shall

  7  consider the plan in developing departmental priorities and

  8  funding priorities and standards under chapter 395.

  9         (k)  The council is responsible for including in the

10  Florida Cancer Plan recommendations for the coordination and

11  integration of medical, nursing, paramedical, lay, and other

12  plans concerned with cancer control and research. Committees

13  shall be formed by the council so that the following areas

14  will be established as entities for actions:

15         1.  Cancer plan evaluation:  tumor registry, data

16  retrieval systems, and epidemiology of cancer in the state and

17  its relation to other areas.

18         2.  Cancer prevention.

19         3.  Cancer detection.

20         4.  Cancer patient management:  treatment,

21  rehabilitation, terminal care, and other patient-oriented

22  activities.

23         5.  Cancer education:  lay and professional.

24         6.  Unproven methods of cancer therapy:  quackery and

25  unorthodox therapies.

26         7.  Investigator-initiated project research.

27         (l)  In order to implement in whole or in part the

28  Florida Cancer Plan, the council shall recommend to the State

29  Board of Education Regents or the secretary the awarding of

30  grants and contracts to qualified profit or nonprofit

31  associations or governmental agencies in order to plan,

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  1  establish, or conduct programs in cancer control or

  2  prevention, cancer education and training, and cancer

  3  research.

  4         (m)  If funds are specifically appropriated by the

  5  Legislature, the council shall develop or purchase

  6  standardized written summaries, written in layperson's terms

  7  and in language easily understood by the average adult

  8  patient, informing actual and high-risk breast cancer

  9  patients, prostate cancer patients, and men who are

10  considering prostate cancer screening of the medically viable

11  treatment alternatives available to them in the effective

12  management of breast cancer and prostate cancer; describing

13  such treatment alternatives; and explaining the relative

14  advantages, disadvantages, and risks associated therewith.

15  The breast cancer summary, upon its completion, shall be

16  printed in the form of a pamphlet or booklet and made

17  continuously available to physicians and surgeons in this

18  state for their use in accordance with s. 458.324 and to

19  osteopathic physicians in this state for their use in

20  accordance with s. 459.0125.  The council shall periodically

21  update both summaries to reflect current standards of medical

22  practice in the treatment of breast cancer and prostate

23  cancer.  The council shall develop and implement educational

24  programs, including distribution of the summaries developed or

25  purchased under this paragraph, to inform citizen groups,

26  associations, and voluntary organizations about early

27  detection and treatment of breast cancer and prostate cancer.

28         (n)  The council shall have the responsibility to

29  advise the State Board of Education Regents and the secretary

30  on methods of enforcing and implementing laws already enacted

31  and concerned with cancer control, research, and education.

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  1         (o)  The council may recommend to the State Board of

  2  Education Regents or the secretary rules not inconsistent with

  3  law as it may deem necessary for the performance of its duties

  4  and the proper administration of this section.

  5         (p)  The council shall formulate and put into effect a

  6  continuing educational program for the prevention of cancer

  7  and its early diagnosis and disseminate to hospitals, cancer

  8  patients, and the public information concerning the proper

  9  treatment of cancer.

10         (q)  The council shall be physically located at the H.

11  Lee Moffitt Cancer Center and Research Institute, Inc., at the

12  University of South Florida.

13         (r)  On February 15 of each year, the council shall

14  report to the Governor and to the Legislature.

15         (5)  RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION

16  REGENTS, THE H. LEE MOFFITT CANCER CENTER AND RESEARCH

17  INSTITUTE, INC., AND THE SECRETARY.--

18         (a)  The State Board of Education Regents or the

19  secretary, after consultation with the council, shall award

20  grants and contracts to qualified nonprofit associations and

21  governmental agencies in order to plan, establish, or conduct

22  programs in cancer control and prevention, cancer education

23  and training, and cancer research.

24         (b)  The H. Lee Moffitt Cancer Center and Research

25  Institute, Inc., shall provide such staff, information, and

26  other assistance as reasonably necessary for the completion of

27  the responsibilities of the council.

28         (c)  The State Board of Education Regents or the

29  secretary, after consultation with the council, may adopt

30  rules necessary for the implementation of this section.

31  

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  1         (d)  The secretary, after consultation with the

  2  council, shall make rules specifying to what extent and on

  3  what terms and conditions cancer patients of the state may

  4  receive financial aid for the diagnosis and treatment of

  5  cancer in any hospital or clinic selected.  The department may

  6  furnish to citizens of this state who are afflicted with

  7  cancer financial aid to the extent of the appropriation

  8  provided for that purpose in a manner which in its opinion

  9  will afford the greatest benefit to those afflicted and may

10  make arrangements with hospitals, laboratories, or clinics to

11  afford proper care and treatment for cancer patients in this

12  state.

13         (6)  FLORIDA CANCER CONTROL AND RESEARCH FUND.--

14         (a)  There is created the Florida Cancer Control and

15  Research Fund consisting of funds appropriated therefor from

16  the General Revenue Fund and any gifts, grants, or funds

17  received from other sources.

18         (b)  The fund shall be used exclusively for grants and

19  contracts to qualified nonprofit associations or governmental

20  agencies for the purpose of cancer control and prevention,

21  cancer education and training, cancer research, and all

22  expenses incurred in connection with the administration of

23  this section and the programs funded through the grants and

24  contracts authorized by the State Board of Education Regents

25  or the secretary.

26         Section 264.  Notwithstanding subsection (7) of section

27  3 of chapter 2000-321, Laws of Florida, section 240.513,

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         240.513  University of Florida; J. Hillis Miller Health

  2  Center.--

  3         (1)  There is established the J. Hillis Miller Health

  4  Center at the University of Florida, including campuses at

  5  Gainesville and Jacksonville and affiliated teaching

  6  hospitals, which shall include the following colleges:

  7         (a)  College of Dentistry.

  8         (b)  College of Health Health-Related Professions.

  9         (c)  College of Medicine.

10         (d)  College of Nursing.

11         (e)  College of Pharmacy.

12         (f)  College of Veterinary Medicine and related

13  teaching hospitals.

14         (2)  Each college of the health center shall be so

15  maintained and operated as to comply with the standards

16  approved by a nationally recognized association for

17  accreditation.

18         (3)(a)  The University of Florida Health Center

19  Operations and Maintenance Trust Fund shall is hereby created,

20  to be administered by the Board of Trustees of the University

21  of Florida Department of Education. Funds shall be credited to

22  the trust fund from the sale of goods and services performed

23  by the University of Florida Veterinary Medicine Teaching

24  Hospital. The purpose of the trust fund is to support the

25  instruction, research, and service missions of the University

26  of Florida College of Veterinary Medicine.

27         (b)  Notwithstanding the provisions of s. 216.301, and

28  pursuant to s. 216.351, any balance in the trust fund at the

29  end of any fiscal year shall remain in the trust fund and

30  shall be available for carrying out the purposes of the trust

31  fund.

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  1         (4)(a)  The State Board of Education shall lease the

  2  hospital facilities of the health center, known as the Shands

  3  Teaching Hospital and Clinics, and consisting of Building 446

  4  and parts of Buildings 204 and 205 on the campus of the

  5  University of Florida and all furnishings, equipment, and

  6  other chattels or choses in action used in the operation of

  7  the hospital, to a private not-for-profit nonprofit

  8  corporation organized solely for the purpose of operating the

  9  hospital and ancillary health care facilities of the health

10  center and other health care facilities and programs

11  determined to be necessary by the board of the not-for-profit

12  nonprofit corporation. The rental for the hospital facilities

13  shall be an amount equal to the debt service on bonds or

14  revenue certificates issued solely for capital improvements to

15  the hospital facilities or as otherwise provided by law. The

16  board shall request recommendations from the Board of Regents

17  of the State University System as to the terms of the lease

18  not otherwise provided for in this act.

19         (b)  The Board of Trustees of the University of Florida

20  shall provide in the lease or by separate contract or

21  agreement with the not-for-profit nonprofit corporation for

22  the following:

23         1.  Approval of the articles of incorporation of the

24  not-for-profit nonprofit corporation by the Board of Trustees

25  of the University of Florida Regents and the governance of the

26  not-for-profit nonprofit corporation by a board of directors

27  appointed by the President of the University of Florida and

28  chaired by the Vice President for Health Affairs of the

29  University of Florida.

30  

31  

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  1         2.  The orderly and just transition of hospital

  2  employees from state to corporate employment with the same or

  3  equivalent seniority, earnings, and benefits.

  4         2.3.  The appropriate use of hospital facilities and

  5  personnel in support of the research programs and of the

  6  teaching role of the health center.

  7         4.  The continued recognition of the collective

  8  bargaining units and collective bargaining agreements as

  9  currently composed and recognition of the certified labor

10  organizations representing those units and agreements.

11         5.  The use of hospital facilities and personnel in

12  connection with research programs conducted by the health

13  center.

14         3.6.  Reimbursement to the hospital for indigent

15  patients, state-mandated programs, underfunded state programs,

16  and costs to the hospital for support of the teaching and

17  research programs of the health center. Such reimbursement

18  shall be appropriated to the health center or the hospital

19  each year by the Legislature after review and approval of the

20  request for funds.

21         7.  The transfer of funds appropriated for and

22  accumulated from the operation of the hospital to the health

23  center to be used to fund contracts for services with the

24  hospital.

25         (c)  The Board of Trustees of the University of Florida

26  may, with the approval of the Legislature, increase the

27  hospital facilities or remodel or renovate them, if provided

28  that the rental paid by the hospital for such new, remodeled,

29  or renovated facilities is sufficient to amortize the costs

30  thereof over a reasonable period of time or fund the debt

31  

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  1  service for any bonds or revenue certificates issued to

  2  finance such improvements.

  3         (d)  The Board of Trustees of the University of Florida

  4  may Regents is authorized to provide to the not-for-profit

  5  nonprofit corporation leasing the hospital facilities, and its

  6  not-for-profit subsidiaries, comprehensive general liability

  7  insurance, including professional liability, from a the

  8  self-insurance program trust fund established pursuant to s.

  9  240.213.

10         (e)  If In the event that the lease of the hospital

11  facilities to the not-for-profit nonprofit corporation is

12  terminated for any reason, the Board of Trustees of the

13  University of Florida Regents shall assume resume management

14  and operation of the hospital facilities. In such event, the

15  Administration Commission may is authorized to appropriate

16  revenues generated from the operation of the hospital

17  facilities to the Board of Trustees of the University of

18  Florida Regents to pay the costs and expenses of operating the

19  hospital facility for the remainder of the fiscal year in

20  which such termination occurs.

21         Section 265.  Notwithstanding subsection (7) of section

22  3 of chapter 2000-321, Laws of Florida, section 240.5135,

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         240.5135  Shands Jacksonville Healthcare, Inc.; Board

27  of Trustees of the University of Florida Regents authorized to

28  provide insurance.--The Board of Trustees of the University of

29  Florida may Regents is authorized to provide to Shands

30  Jacksonville Healthcare, Inc., and its not-for-profit

31  subsidiaries and affiliates and any successor corporation that

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  1  acts in support of the Board of Trustees of the University of

  2  Florida Regents, comprehensive general liability coverage,

  3  including professional liability, from a the self-insurance

  4  program programs established pursuant to s. 240.213.

  5         Section 266.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, section 240.514,

  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         240.514  Louis de la Parte Florida Mental Health

11  Institute.--There is established the Louis de la Parte Florida

12  Mental Health Institute within the University of South

13  Florida.

14         (1)  The purpose of the institute is to strengthen

15  mental health services throughout the state by providing

16  technical assistance and support services to mental health

17  agencies and mental health professionals.  Such assistance and

18  services shall include:

19         (a)  Technical training and specialized education.

20         (b)  Development, implementation, and evaluation of

21  mental health service programs.

22         (c)  Evaluation of availability and effectiveness of

23  existing mental health services.

24         (d)  Analysis of factors that influence the incidence

25  and prevalence of mental and emotional disorders.

26         (e)  Dissemination of information about innovations in

27  mental health services.

28         (f)  Consultation on all aspects of program development

29  and implementation.

30         (g)  Provisions for direct client services, provided

31  for a limited period of time either in the institute facility

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  1  or in other facilities within the state, and limited to

  2  purposes of research or training.

  3         (2)  The Department of Children and Family Services may

  4  is authorized to designate the Louis de la Parte Florida

  5  Mental Health Institute a treatment facility for the purpose

  6  of accepting voluntary and involuntary clients in accordance

  7  with institute programs.  Clients to be admitted are exempted

  8  from prior screening by a community mental health center.

  9         (3)  The institute may provide direct services in

10  coordination with other agencies.  The institute may also

11  provide support services to state agencies through joint

12  programs, collaborative agreements, contracts, and grants.

13         (4)  The institute shall operate under the authority of

14  the President of the University of South Florida and shall

15  employ a mental health professional as director.  The director

16  shall hold a faculty appointment in a college or department

17  related to mental health within the university.  The director

18  has primary responsibility for establishing active liaisons

19  with the community of mental health professionals and other

20  related constituencies in the state and may, with approval of

21  the university president, establish appropriate statewide

22  advisory groups to assist in developing these communication

23  links.

24         (5)  The Louis de la Parte Florida Mental Health

25  Institute is authorized to utilize the pay plan of the State

26  University System.

27         Section 267.  Notwithstanding subsection (7) of section

28  3 of chapter 2000-321, Laws of Florida, section 240.515,

29  Florida Statutes, shall not stand repealed January 7, 2003, as

30  scheduled by that law, but that section is reenacted to read:

31  

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  1         240.515  Florida Museum of Natural History;

  2  functions.--

  3         (1)  The functions of the Florida Museum of Natural

  4  History, located at the University of Florida, are to make

  5  scientific investigations toward the sustained development of

  6  natural resources and a greater appreciation of human cultural

  7  heritage, including, but not limited to, biological surveys,

  8  ecological studies, environmental impact assessments, in-depth

  9  archaeological research, and ethnological analyses, and to

10  collect and maintain a depository of biological,

11  archaeological, and ethnographic specimens and materials in

12  sufficient numbers and quantities to provide within the state

13  and region a base for research on the variety, evolution, and

14  conservation of wild species; the composition, distribution,

15  importance, and functioning of natural ecosystems; and the

16  distribution of prehistoric and historic archaeological sites

17  and an understanding of the aboriginal and early European

18  cultures that occupied them.  State institutions, departments,

19  and agencies may deposit type collections from archaeological

20  sites in the museum, and it shall be the duty of each state

21  institution, department, and agency to cooperate by depositing

22  in the museum voucher and type biological specimens collected

23  as part of the normal research and monitoring duties of its

24  staff and to transfer to the museum those biological specimens

25  and collections in its possession but not actively being

26  curated or used in the research or teaching of that

27  institution, department, or agency.  The Florida Museum of

28  Natural History is empowered to accept, preserve, maintain, or

29  dispose of these specimens and materials in a manner which

30  makes each collection and its accompanying data available for

31  research and use by the staff of the museum and by cooperating

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  1  institutions, departments, agencies, and qualified independent

  2  researchers.  The biological, archaeological, and ethnographic

  3  collections shall belong to the state with the title vested in

  4  the Florida Museum of Natural History, except as provided in

  5  s. 267.12(3).  In collecting or otherwise acquiring these

  6  collections, the museum shall comply with pertinent state

  7  wildlife, archaeological, and agricultural laws and rules.

  8  However, all collecting, quarantine, and accreditation permits

  9  issued by other institutions, departments, and agencies shall

10  be granted routinely for said museum research study or

11  collecting effort on state lands or within state jurisdiction

12  which does not pose a significant threat to the survival of

13  endangered wild species, habitats, or ecosystems.  In

14  addition, the museum shall develop exhibitions and conduct

15  programs which illustrate, interpret, and explain the natural

16  history of the state and region and shall maintain a library

17  of publications pertaining to the work as herein provided.

18  The exhibitions, collections, and library of the museum shall

19  be open, free to the public, under suitable rules to be

20  promulgated by the director of the museum and approved by the

21  University of Florida.

22         (2)  Any gifts, transfers, bequests, or other

23  conveyances made to the Florida State Museum are deemed to

24  have been made to the Florida Museum of Natural History.

25         Section 268.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.516,

27  Florida Statutes, shall not stand repealed January 7, 2003, as

28  scheduled by that law, but that section is reenacted to read:

29         240.516  Vertebrate paleontological sites and remains;

30  legislative intent and state policy.--

31  

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  1         (1)  It is the declared intention of the Legislature

  2  that vertebrate paleontological sites be protected and

  3  preserved and that, pursuant thereto, vertebrate

  4  paleontological field investigation activities, including, but

  5  not limited to, collection, excavation, salvage, restoration,

  6  and cataloging of fossils, be discouraged except when such

  7  activities are carried on in accordance with both the

  8  provisions and the spirit of this act. However, it is not the

  9  intention of the Legislature that the provisions of this act

10  impede mining or quarrying for rock, gravel, fill, phosphate,

11  and other minerals, or the construction of canals or similar

12  excavations, when such activities are permitted by law.

13  Rather, it is the intent of the Legislature that mine and

14  heavy equipment operators be encouraged to cooperate with the

15  state in preserving its vertebrate paleontological heritage

16  and vertebrate fossils by notifying the Florida Museum of

17  Natural History whenever vertebrate fossils are discovered

18  during mining or digging operations and by allowing such

19  fossils to be properly salvaged and that persons having

20  knowledge of vertebrate paleontological sites be encouraged to

21  communicate such information to the museum.

22         (2)  It is hereby declared to be the public policy of

23  this state to protect and preserve vertebrate paleontological

24  sites containing vertebrate fossils, including bones, teeth,

25  natural casts, molds, impressions, and other remains of

26  prehistoric fauna, and to provide for the collection,

27  acquisition, and study of the vertebrate fossils of the state

28  which offer documentation of the diversity of life on this

29  planet.

30         (3)  It is further declared to be the public policy of

31  the state that all vertebrate fossils found on state-owned

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  1  lands, including submerged lands and uplands, belong to the

  2  state with title to the fossils vested in the Florida Museum

  3  of Natural History for the purpose of administration of ss.

  4  240.516-240.5163.

  5         Section 269.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, section 240.5161,

  7  Florida Statutes, shall not stand repealed January 7, 2003, as

  8  scheduled by that law, but that section is reenacted to read:

  9         240.5161  Program of vertebrate paleontology within

10  Florida Museum of Natural History.--There is established

11  within the Florida Museum of Natural History a program of

12  vertebrate paleontology, which program has the following

13  responsibilities:

14         (1)  Encouraging the study of the vertebrate fossils

15  and vertebrate paleontological heritage of the state and

16  providing exhibits and other educational materials on the

17  vertebrate fauna to the universities and schools of the state.

18         (2)  Developing a statewide plan, to be submitted to

19  the director of the Florida Museum of Natural History, for

20  preserving the vertebrate paleontological resources of the

21  state in a manner which is consistent with the state policies

22  in s. 240.516 and which will not unduly hamper development in

23  this state, including mining and excavating operations.

24         (3)  Locating, surveying, acquiring, collecting,

25  salvaging, conserving, and restoring vertebrate fossils;

26  conducting research on the history and systematics of the

27  fossil fauna of the state; and maintaining the official state

28  depository of vertebrate fossils.

29         (4)  Locating, surveying, acquiring, excavating, and

30  operating vertebrate paleontological sites and properties

31  containing vertebrate fossils, which sites and properties have

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  1  great significance to the scientific study of such vertebrate

  2  fossils or to public representation of the faunal heritage of

  3  the state.

  4         (5)  Enlisting the aid of professional vertebrate

  5  paleontologists, mine and quarry operators, heavy digging

  6  equipment operators, and qualified amateurs in carrying out

  7  the provisions of subsections (1)-(4), and authorizing their

  8  active support and cooperation by issuing permits to them as

  9  provided in s. 240.5162.

10         (6)  Cooperating and coordinating activities with the

11  Department of Environmental Protection under the provisions of

12  ss. 375.021 and 375.031 and the Department of State under

13  chapter 267 in the acquisition, preservation, and operation of

14  significant vertebrate paleontological sites and properties of

15  great and continuing scientific value, so that such sites and

16  properties may be utilized to conserve the faunal heritage of

17  this state and to promote an appreciation of that heritage.

18         (7)  Designating areas as "state vertebrate

19  paleontological sites" pursuant to the provisions of this

20  section, which areas are of great and continuing significance

21  to the scientific study and public understanding of the faunal

22  history of the state.  However, no privately owned site or

23  grouping of sites shall be so designated without the express

24  written consent of the private owner of the site or group of

25  sites.  Upon designation of a state vertebrate paleontological

26  site, the owners and occupants of such site shall be given

27  written notification of such designation by the program.  Once

28  such site has been so designated, no person may conduct

29  paleontological field investigation activities on the site

30  without first securing a permit for such activities as

31  provided in s. 240.5162.

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  1         (8)  Arranging for the disposition of the vertebrate

  2  fossils by accredited institutions and for the temporary or

  3  permanent loan of such fossils for the purpose of further

  4  scientific study, interpretative display, and curatorial

  5  responsibilities by such institutions.

  6         Section 270.  Notwithstanding subsection (7) of section

  7  3 of chapter 2000-321, Laws of Florida, section 240.5162,

  8  Florida Statutes, shall not stand repealed January 7, 2003, as

  9  scheduled by that law, but that section is reenacted and

10  amended to read:

11         240.5162  Destruction, purchase, and sale of vertebrate

12  fossils prohibited, exceptions; field investigation permits

13  required; penalty for violation.--

14         (1)  The destruction, defacement, purchase, and sale of

15  vertebrate fossils found on or under land owned or leased by

16  the state and on land in state-designated vertebrate

17  paleontological sites are prohibited, except that the Florida

18  Museum of Natural History may sell vertebrate fossils and may

19  adopt rules defining "nonessential vertebrate fossils" and

20  prescribing the conditions under which such fossils may be

21  sold or otherwise disposed of by a person holding a permit

22  issued by the Florida Museum of Natural History. Field

23  investigations of vertebrate fossils, including, but not

24  limited to, the systematic collection, acquisition,

25  excavation, salvage, exhumation, or restoration of such

26  fossils, are prohibited on all lands owned or leased by the

27  state and on lands in state-designated vertebrate

28  paleontological sites, unless such activities are conducted

29  under the authority of permits issued by the Florida Museum of

30  Natural History.  A permit may be granted by the Florida

31  Museum of Natural History upon application for the permit

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  1  accompanied by an application fee not to exceed $5 as provided

  2  in rules adopted pursuant to s. 240.227(1) which rules are in

  3  furtherance of the preservation of the vertebrate

  4  paleontological resources of this state.  The privileges

  5  authorized pursuant to the grant of a permit as provided in

  6  this subsection may not be assigned or sublet to any other

  7  party.

  8         (2)  Any person who, in violation of this section,

  9  engages in any of the activities described in subsection (1)

10  without first having obtained a permit to engage in such

11  activity is guilty of a misdemeanor, punishable by a fine not

12  to exceed $500 or by imprisonment in the county jail for a

13  period not to exceed 6 months, or both; and, in addition, he

14  or she shall forfeit to the state all specimens, objects, and

15  materials collected and excavated in violation of this

16  section, together with all photographs and records relating to

17  such materials.

18         (3)  The Florida Museum of Natural History may

19  institute a civil action in the appropriate circuit court for

20  recovery of any unlawfully taken vertebrate fossil.  The

21  fossil shall be forfeited to the state if the Florida Museum

22  of Natural History shows by the greater weight of the evidence

23  that the fossil has been taken from a particular site within

24  this state and that the person found in possession of the

25  fossil is not authorized by law to possess such fossil.

26         Section 271.  Notwithstanding subsection (7) of section

27  3 of chapter 2000-321, Laws of Florida, section 240.5163,

28  Florida Statutes, shall not stand repealed January 7, 2003, as

29  scheduled by that law, but that section is reenacted to read:

30         240.5163  Certain rights of mine or quarry operators

31  and dragline or heavy equipment operators preserved.--Nothing

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  1  in ss. 240.516-240.5162 shall infringe upon the right of a

  2  legitimate mine or quarry operator to extract rock, gravel,

  3  fill, phosphate, or other minerals or infringe upon the right

  4  of a legitimate operator of draglines or similar heavy

  5  dredging, trenching, or digging equipment to construct

  6  drainage canals or other excavations because of the actual or

  7  potential destruction of vertebrate fossils.

  8         Section 272.  Notwithstanding subsection (7) of section

  9  3 of chapter 2000-321, Laws of Florida, section 240.517,

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         240.517  Certain books furnished by Clerk of Supreme

14  Court.--

15         (1)  The Clerk of the Supreme Court of the state shall

16  furnish the Board of Regents three bound copies of each volume

17  of the Florida Supreme Court Reports as the reports same are

18  issued and published to for the use of the School of Law of

19  the University of Florida, and three bound copies of each

20  volume of such reports for the use of the Florida State

21  University, Florida International University, and Florida

22  Agricultural and Mechanical University College of Law.

23         (2)  The Clerk of the Supreme Court shall transmit to

24  the universities Board of Regents for distribution to their

25  said schools of law schools any law books coming into his or

26  her possession for the Supreme Court which are not necessary

27  for the said court.  The clerk of the said court shall furnish

28  the said Supreme Court Reports and said surplus law books

29  without cost to the recipient universities Board of Regents or

30  said law schools.

31  

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  1         Section 273.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 240.518,

  3  Florida Statutes, shall not stand repealed January 7, 2003, as

  4  scheduled by that law, but that section is reenacted to read:

  5         240.518  The Historically Black College and University

  6  Library Improvement Program.--

  7         (1)  It is the intent of the Legislature to enhance the

  8  quality of the libraries at Florida Agricultural and

  9  Mechanical University, Bethune-Cookman College, Edward Waters

10  College, and Florida Memorial College.

11         (2)  There is created the Historically Black College

12  and University Library Improvement Program to be administered

13  by the Department of Education.  The primary objectives of the

14  program shall be to increase each library's holdings by 500 to

15  1,000 books per year, to increase library use by students and

16  faculty, and to enhance the professional growth of librarians

17  by providing inservice training.  At least 50 percent of

18  library acquisitions shall be in the humanities, with the

19  balance to be in all other disciplines. It is the intent of

20  the Legislature to provide general revenue funds each year to

21  support this program.

22         (3)  Each institution shall submit to the State Board

23  of Education a plan for enhancing its library through the

24  following activities:

25         (a)  Each institution shall increase the number of

26  volumes by purchasing replacement books and new titles. Funds

27  shall not be used to purchase periodicals or nonprint media.

28  The goal of these purchases is to meet the needs of students

29  and faculty in disciplines that have recently been added to

30  the curriculum, in traditional academic fields that have been

31  expanded, or in academic fields in which rapid changes in

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  1  technology result in accelerated obsolescence of related

  2  library holdings.

  3         (b)  A committee composed of librarians and faculty at

  4  each institution shall assess the adequacy of library holdings

  5  in all academic areas.  The committee shall develop a list of

  6  resources that need to be replaced.  Based on its assessment

  7  of the current collection, the committee shall develop a

  8  prioritized list of recommended acquisitions and shall submit

  9  such list to the college or university president.

10         Section 274.  Paragraph (a) of subsection (3) and

11  subsection (5) of section 240.5185, Florida Statutes, are

12  amended to read:

13         240.5185  Community and Faith-based Organizations

14  Initiative; Community and Library Technology Access

15  Partnership.--

16         (3)  AUTHORIZED ACTIVITIES.--

17         (a)  Authorized activities of the initiative.--The

18  Institute on Urban Policy and Commerce at Florida Agricultural

19  and Mechanical University may conduct the following activities

20  as part of the Community and Faith-based Organizations

21  Initiative:

22         1.  Create and operate training programs to enhance the

23  professional skills of individuals in community and

24  faith-based organizations.

25         2.  Create and operate a program to select and place

26  students and recent graduates from business and related

27  professional schools as interns with community and faith-based

28  organizations for a period not to exceed 1 year, and provide

29  stipends for such interns.

30         3.  Organize an annual conference for community and

31  faith-based organizations to discuss and share information on

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  1  best practices regarding issues relevant to the creation,

  2  operation, and sustainability of these organizations.

  3         4.  Provide funding for the development of materials

  4  for courses on topics in the area of community development,

  5  and for research on economic, operational, and policy issues

  6  relating to community development.

  7         5.  Provide financial assistance to community and

  8  faith-based organizations through small grants for

  9  partnerships with universities and colleges and the operation

10  of programs to build strong communities and future community

11  development leaders. The Institute on Urban Policy and

12  Commerce at Florida Agricultural and Mechanical University

13  shall develop selection criteria for awarding such grants

14  which are based on the goals of the initiative.

15  

16  The institute, to the maximum extent possible, shall leverage

17  state funding for the initiative with any federal funding that

18  the institute may receive to support similar community-based

19  activities.

20         (5)  REVIEW AND EVALUATION.--

21         (a)  By January 1, 2001, the Institute on Urban Policy

22  and Commerce and the Division of Library and Information

23  Services shall submit to the Governor, the President of the

24  Senate, and the Speaker of the House of Representatives brief

25  status reports on their respective implementation of the

26  activities authorized under this section. The institute and

27  the division may elect to collaborate on the submission of a

28  combined status report covering both programs. At a minimum,

29  the status reports or combined report shall address:

30         1.  The activities and accomplishments to date;

31  

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  1         2.  Any impediments to the effective implementation or

  2  utilization of each program; and

  3         3.  The initial progress toward achievement of

  4  measurable program outcomes.

  5         (b)  By January 1, 2002, the Institute on Urban Policy

  6  and Commerce and the Division of Library and Information

  7  Services shall submit to the Governor, the President of the

  8  Senate, and the Speaker of the House of Representatives final

  9  reports on the activities authorized under this section. The

10  institute and the division may elect to collaborate on the

11  submission of a combined final report covering both programs.

12  In addition to updating the elements addressed under paragraph

13  (a), the reports or combined report shall include

14  recommendations on whether it would be sound public policy to

15  continue the programs and recommendations on any changes

16  designed to enhance the effectiveness of the programs.

17         Section 275.  Subsection (10) of section 240.5186,

18  Florida Statutes, as amended by section 37 of chapter 2001-89,

19  Laws of Florida, and sections 240.519 and 240.52, Florida

20  Statutes, are repealed.

21         Section 276.  Notwithstanding subsection (7) of section

22  3 of chapter 2000-321, Laws of Florida, section 240.527,

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         240.527  The University of South Florida St.

27  Petersburg.--

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

29  South Florida is established and shall be known as the

30  "University of South Florida St. Petersburg."

31  

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  1         (a)  The Legislature intends that the University of

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

  3  separate organizational and budget entity of the University of

  4  South Florida, and that all legislative appropriations for the

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

  6  separate line items in the annual General Appropriations Act.

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

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

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

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

11  South Florida shall begin the process of application to the

12  Commission on Colleges of the Southern Association of Colleges

13  and Schools for separate accreditation of the University of

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

15  approved or is provisionally approved, the University of South

16  Florida shall correct any identified deficiencies and shall

17  continue to work for accreditation.

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

19  Florida shall appoint to the Campus Board, from

20  recommendations of the President of the University of South

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

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

23  University of South Florida, the board shall appoint that

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

25  more than one Pinellas County resident is appointed to the

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

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

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

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

30         (a)  Review and approve an annual legislative budget

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

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  1  Campus Executive Officer shall prepare the legislative budget

  2  request in accordance with guidelines established by the State

  3  Florida Board of Education. This request must include items

  4  for campus operations and fixed capital outlay.

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

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

  7  the University of South Florida. The campus operating budget

  8  must reflect the actual funding available to that campus from

  9  separate line-item appropriations contained in each annual

10  General Appropriations Act, which line-item appropriations

11  must initially reflect the funds reported to the Legislature

12  for the University of South Florida St. Petersburg campus for

13  fiscal year 2000-2001 and any additional funds provided in the

14  fiscal year 2001-2002 legislative appropriation.

15         (c)  Enter into central support services contracts with

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

17  any services that the St. Petersburg campus cannot provide

18  more economically, including payroll processing, accounting,

19  technology, construction administration, and other desired

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

21  provided by a central services contract with the university.

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

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

24  allocation or sharing of student fee revenue between the

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

26  Petersburg campus.

27  

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

29  lawfully delegate other powers and duties to the Campus Board

30  for the efficient operation and improvement of the campus and

31  for the purpose of vesting in the campus the attributes

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  1  necessary to meet the requirements for separate accreditation

  2  by the Southern Association of Colleges and Schools.

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

  4  shall be administered by a Campus Executive Officer who shall

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

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

  7  President shall consult with the Campus Board before hiring or

  8  terminating the Campus Executive Officer. The Campus Executive

  9  Officer has authority and responsibility as provided in law,

10  including the authority to:

11         (a)  Administer campus operations within the annual

12  operating budget as approved by the Campus Board.

13         (b)  Recommend to the Campus Board an annual

14  legislative budget request that includes funding for campus

15  operations and fixed capital outlay.

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

17  operating budget.

18         (d)  Recommend to the Campus Board appropriate services

19  and terms and conditions to be included in annual central

20  support services contracts.

21         (e)  Carry out any additional responsibilities assigned

22  or delegated by the President of the University of South

23  Florida for the efficient operation and improvement of the

24  campus, especially any authority necessary for the purpose of

25  vesting in the campus attributes necessary to meet the

26  requirements for separate accreditation.

27         (4)  Students enrolled at the University of South

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

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

30  rule adopted by the Board of Trustees of the University of

31  South Florida and the State Board of Education, the Florida

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  1  Department of Education, or other lawful entity. The

  2  University of South Florida shall provide a comprehensive and

  3  coordinated system of student registration so that a student

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

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

  6  University of South Florida.

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

  8  section and remain under the administrative control of the

  9  University of South Florida:

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

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

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

13  Type One Institute.

14         (c)  The University of South Florida Pediatric Research

15  Center.

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

17  facility.

18         Section 277.  Paragraphs (a) and (b) of subsection (2)

19  and subsection (4) of section 240.5275, Florida Statutes, are

20  amended to read:

21         240.5275  The University of South Florida

22  Sarasota/Manatee.--

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

24  Florida shall appoint to the Campus Board, from

25  recommendations of the President of the University of South

26  Florida, three residents of Manatee County and two residents

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

28  more residents of Sarasota County or Manatee County are

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

30  Florida, the board shall, at the next vacancy of the Campus

31  Board, appoint one of those members to serve jointly as a

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

  2  reappoint a member to the Campus Board for one additional

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

  4  law, which include the authority to:

  5         (a)  Review and approve an annual legislative budget

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

  7  Campus Executive Officer shall prepare the legislative budget

  8  request in accordance with guidelines established by the State

  9  Florida Board of Education. This request must include items

10  for campus operations and fixed capital outlay.

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

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

13  the University of South Florida. The campus operating budget

14  must reflect the actual funding available to that campus from

15  separate line-item appropriations contained in each annual

16  General Appropriations Act, which line-item appropriations

17  must initially reflect the funds reported to the Legislature

18  for the University of South Florida Sarasota/Manatee campus

19  for fiscal year 2000-2001 and any additional funds provided in

20  the fiscal year 2001-2002 legislative appropriation.

21  

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

23  lawfully delegate other powers and duties to the Campus Board

24  for the efficient operation and improvement of the campus and

25  for the purpose of vesting in the campus the attributes

26  necessary to meet the requirements for separate accreditation

27  by the Southern Association of Colleges and Schools.

28         (4)  Students enrolled at the University of South

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

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

31  rule adopted by the Board of Trustees of the University of

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  1  South Florida and the State Board of Education, the Florida

  2  Department of Education, or other lawful entity. The

  3  University of South Florida shall provide a comprehensive and

  4  coordinated system of student registration so that a student

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

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

  7  University of South Florida.

  8         Section 278.  Subsections (1) and (3) of section

  9  240.5277, Florida Statutes, are amended to read:

10         240.5277  New College of Florida.--

11         (1)  MISSION AND GOALS.--As a member of the State

12  University System of Florida, New College of Florida shall

13  preserve preserves its distinctive mission as a residential

14  liberal arts honors college. To maintain this mission, New

15  College of Florida has the following goals:

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

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

18  study that is both demanding and stimulating.

19         (b)  To engage in undergraduate educational reform by

20  combining educational innovation with educational excellence.

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

22  to design their educational experience as much as possible in

23  accordance with their individual interests, values, and

24  abilities.

25         (d)  To challenge undergraduates not only to master

26  existing bodies of knowledge but also to extend the frontiers

27  of knowledge through original research.

28         (3)  BOARD OF TRUSTEES.--The Governor shall appoint 12

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

30  terms, as follows:

31         (a)  Three residents of Sarasota County.

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  1         (b)  Two residents of Manatee County.

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

  3  of the members who are on the board June 30, 2001, seven

  4  members selected from the Board of Trustees of the New College

  5  Foundation.

  6  

  7  In addition, a student body president shall be an ex officio,

  8  a voting member of the board.

  9         Section 279.  Subsections (2) and (5) and paragraph (c)

10  of subsection (8) of section 240.5278, Florida Statutes, are

11  amended to read:

12         240.5278  St. Petersburg College.--

13         (2)  ST. PETERSBURG COLLEGE; MISSION; POLICIES.--St.

14  Petersburg Junior College is redesignated as St. Petersburg

15  College. The college shall immediately seek accreditation from

16  the Southern Association of Colleges and Schools as a

17  baccalaureate degree granting college.

18         (a)  The primary mission of St. Petersburg College is

19  to provide high-quality undergraduate education at an

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

21  promote economic development by preparing people for

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

23  by existing or emerging public and private employers in this

24  state.

25         (b)  St. Petersburg College shall maintain the mission

26  and policies of a Florida community college, including the

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

28  programs consistent with a public community college's

29  authority.

30         (c)  St. Petersburg College shall maintain the

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

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  1  Petersburg College is limited to community college programs

  2  and to selected baccalaureate degree level programs that meet

  3  community needs and are authorized as provided by this

  4  section. The University Center may make available more diverse

  5  program offerings, but those programs are offered by a

  6  participating college or university and are not to be

  7  classified or funded as programs of St. Petersburg College.

  8         (d)  The academic policies of the upper-division

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

10  rules policies of the State Board of Education University

11  System.

12         (e)  Sections 240.293 and 240.2945 apply to St.

13  Petersburg College.

14         (5)  BOARD BOARDS.--

15         (a)  The Board of Trustees of St. Petersburg Junior

16  College is renamed The Board of Trustees of St. Petersburg

17  College shall serve and serves as its governing board. The

18  Governor shall appoint members as provided in s. 240.313, and

19  the board has the duties and authorities granted in ss.

20  240.315 and 240.319 and by rules of the State Florida Board of

21  Education.

22         (b)  The Board of Trustees of St. Petersburg College

23  may authorize direct-support organizations as authorized in

24  ss. 240.299 and 240.331.

25         (c)  The Board of Trustees of St. Petersburg College

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

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

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

29  receives its accreditation.

30         (d)  A coordinating board shall assist the Board of

31  Trustees in its deliberations concerning issues that affect

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  1  the upper division of St. Petersburg College. The coordinating

  2  board consists of the President of the University of South

  3  Florida, the President of St. Petersburg College, the

  4  President of Pasco-Hernando Community College, and the chairs

  5  of the boards of trustees of those institutions.

  6         (e)  Beginning 4 years after the college receives

  7  accreditation to offer baccalaureate degrees, the Board of

  8  Trustees of St. Petersburg College may determine additional

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

10  board. The determination must consider community needs and

11  economic opportunities.

12         (f)  The coordinating board shall meet at the request

13  of the President of the University of South Florida or the

14  President of St. Petersburg College.

15         (g)  If the coordinating board cannot decide an issue

16  of importance to the programs designed for upper-division

17  students, the Commissioner of Education chief educational

18  officer of this state shall resolve the issue.

19         (8)  STATE FUNDING.--

20         (c)  During the 2001-2002 fiscal year, St. Petersburg

21  College shall estimate the appropriate level of funding for

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

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

24  cost accounting and legislative budget requests designed to

25  acknowledge its unique classification. The cost study must

26  indicate actual costs projected for the first 4 years of

27  operation as a baccalaureate degree level institution, with

28  the first students expected to enroll in the upper division in

29  the fall semester of 2002.

30         Section 280.  Section 240.528, Florida Statutes, and

31  section 240.5285, Florida Statutes, as amended by section 27

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  1  of chapter 2001-61 and section 82 of chapter 2001-266, Laws of

  2  Florida, are repealed.

  3         Section 281.  Notwithstanding subsection (7) of section

  4  3 of chapter 2000-321, Laws of Florida, section 240.529,

  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         240.529  Public accountability and state approval for

  9  teacher preparation programs.--

10         (1)  INTENT.--The Legislature recognizes that skilled

11  teachers make an important contribution to a system that

12  allows students to obtain a high-quality education. The intent

13  of the Legislature is to establish a system for development

14  and approval of teacher preparation programs that will free

15  postsecondary teacher preparation institutions to employ

16  varied and innovative teacher preparation techniques while

17  being held accountable for producing graduates with the

18  competencies and skills necessary to achieve the state

19  education goals; help the state's diverse student population,

20  including students with limited English proficiency, meet high

21  standards for academic achievement; maintain safe, secure

22  classroom learning environments; and sustain the state system

23  of school improvement and education accountability established

24  pursuant to ss. 229.591 and 229.592. The State Board of

25  Education shall adopt rules pursuant to ss. 120.536(1) and

26  120.54 that establish uniform core curricula for each

27  state-approved teacher preparation program.

28         (2)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A

29  system developed by the Department of Education in

30  collaboration with institutions of higher education shall

31  assist departments and colleges of education in the

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  1  restructuring of their programs to meet the need for producing

  2  quality teachers now and in the future. The system must be

  3  designed to assist teacher educators in conceptualizing,

  4  developing, implementing, and evaluating programs that meet

  5  state-adopted standards. The Education Standards Commission

  6  has primary responsibility for recommending these standards to

  7  the State Board of Education for adoption. These standards

  8  shall emphasize quality indicators drawn from research,

  9  professional literature, recognized guidelines, Florida

10  essential teaching competencies and educator-accomplished

11  practices, effective classroom practices, and the outcomes of

12  the state system of school improvement and education

13  accountability, as well as performance measures. Departments

14  and colleges of education shall emphasize the state system of

15  school improvement and education accountability concepts and

16  standards, including Sunshine State Standards. State-approved

17  teacher preparation programs must incorporate appropriate

18  English for Speakers of Other Languages instruction so that

19  program graduates will have completed the requirements for

20  teaching limited English proficient students in Florida public

21  schools.

22         (3)  INITIAL STATE PROGRAM APPROVAL.--

23         (a)  A program approval process based on standards

24  adopted pursuant to subsection (2) must be established for

25  postsecondary teacher preparation programs, phased in

26  according to timelines determined by the Department of

27  Education, and fully implemented for all teacher preparation

28  programs in the state. Each program shall be approved by the

29  department, consistent with the intent set forth in subsection

30  (1) and based primarily upon significant, objective, and

31  quantifiable graduate performance measures.

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  1         (b)  Each teacher preparation program approved by the

  2  Department of Education, as provided for by this section,

  3  shall require students to meet the following as prerequisites

  4  for admission into the program:

  5         1.  Have a grade point average of at least 2.5 on a 4.0

  6  scale for the general education component of undergraduate

  7  studies or have completed the requirements for a baccalaureate

  8  degree with a minimum grade point average of 2.5 on a 4.0

  9  scale from any college or university accredited by a regional

10  accrediting association as defined by state board rule; and

11         2.  Beginning with the 2000-2001 academic year,

12  Demonstrate mastery of general knowledge, including the

13  ability to read, write, and compute by passing the College

14  Level Academic Skills Test, a corresponding component of the

15  National Teachers Examination series, or a similar test

16  pursuant to rules of the State Board of Education.

17  

18  The State Board of Education may provide by rule for a waiver

19  of these requirements. The rule shall require that 90 percent

20  of those admitted to each teacher education program meet the

21  requirements of this paragraph and that the program implement

22  strategies to ensure that students admitted under a waiver

23  receive assistance to demonstrate competencies to successfully

24  meet requirements for certification.

25         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

26  subsection (3), failure by a public or nonpublic teacher

27  preparation program to meet the criteria for continued program

28  approval shall result in loss of program approval. The

29  Department of Education, in collaboration with the departments

30  and colleges of education, shall develop procedures for

31  

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  1  continued program approval which document the continuous

  2  improvement of program processes and graduates' performance.

  3         (a)  Continued approval of specific teacher preparation

  4  programs at each public and nonpublic institution of higher

  5  education within the state is contingent upon the passing of

  6  the written examination required by s. 231.17 by at least 90

  7  percent of the graduates of the program who take the

  8  examination. On request of an institution, the Department of

  9  Education shall provide an analysis of the performance of the

10  graduates of such institution with respect to the competencies

11  assessed by the examination required by s. 231.17.

12         (b)  Additional criteria for continued program approval

13  for public institutions may be developed by the Education

14  Standards Commission and approved by the State Board of

15  Education. Such criteria must emphasize instruction in

16  classroom management and must provide for the evaluation of

17  the teacher candidates' performance in this area. The criteria

18  shall also require instruction in working with underachieving

19  students. Program evaluation procedures must include, but are

20  not limited to, program graduates' satisfaction with

21  instruction and the program's responsiveness to local school

22  districts. Additional criteria for continued program approval

23  for nonpublic institutions shall be developed in the same

24  manner as for public institutions; however, such criteria must

25  be based upon significant, objective, and quantifiable

26  graduate performance measures. Responsibility for collecting

27  data on outcome measures through survey instruments and other

28  appropriate means shall be shared by the institutions of

29  higher education, the Board of Regents, the State Board of

30  Independent Colleges and Universities, and the Department of

31  Education, and the Commission for Independent Education. By

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  1  January 1 of each year, the Department of Education, in

  2  cooperation with the Commission for Independent Education

  3  Board of Regents and the State Board of Independent Colleges

  4  and Universities, shall report this information for each

  5  postsecondary institution that has state-approved programs of

  6  teacher education to the Governor, the Commissioner of

  7  Education, the Chancellor of the State University System, the

  8  President of the Senate, the Speaker of the House of

  9  Representatives, all Florida postsecondary teacher preparation

10  programs, and interested members of the public. This report

11  must analyze the data and make recommendations for improving

12  teacher preparation programs in the state.

13         (c)  Continued approval for a teacher preparation

14  program is contingent upon the results of annual reviews of

15  the program conducted by the institution of higher education,

16  using procedures and criteria outlined in an institutional

17  program evaluation plan approved by the Department of

18  Education. This plan must incorporate the criteria established

19  in paragraphs (a) and (b) and include provisions for involving

20  primary stakeholders, such as program graduates, district

21  school personnel, classroom teachers, principals, community

22  agencies, and business representatives in the evaluation

23  process. Upon request by an institution, the department shall

24  provide assistance in developing, enhancing, or reviewing the

25  institutional program evaluation plan and training evaluation

26  team members.

27         (d)  Continued approval for a teacher preparation

28  program is contingent upon standards being in place that are

29  designed to adequately prepare elementary, middle, and high

30  school teachers to instruct their students in higher-level

31  

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  1  mathematics concepts and in the use of technology at the

  2  appropriate grade level.

  3         (e)  Beginning July 1, 2000, Continued approval of

  4  teacher preparation programs is contingent upon compliance

  5  with the student admission requirements of subsection (3) and

  6  upon the receipt of at least a satisfactory rating from public

  7  schools and nonpublic schools that employ graduates of the

  8  program. Employer satisfaction shall be determined by an

  9  annually administered survey instrument approved by the

10  Department of Education that, at a minimum, must include

11  employer satisfaction of the graduates' ability to do the

12  following:

13         1.  Write and speak in a logical and understandable

14  style with appropriate grammar.

15         2.  Recognize signs of students' difficulty with the

16  reading and computational process and apply appropriate

17  measures to improve students' reading and computational

18  performance.

19         3.  Use and integrate appropriate technology in

20  teaching and learning processes.

21         4.  Demonstrate knowledge and understanding of Sunshine

22  State Standards.

23         (f)1.  Beginning with the 2000-2001 academic year, Each

24  Florida public and private institution that offers a

25  state-approved teacher preparation program must annually

26  report information regarding these programs to the state and

27  the general public. This information shall be reported in a

28  uniform and comprehensible manner that conforms with

29  definitions and methods proposed by the Education Standards

30  Commission, that is consistent with definitions and methods

31  approved by the Commissioner of the National Center for

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  1  Educational Statistics, and that is approved by the State

  2  Board of Education. Beginning with the 2001-2002 academic

  3  year, This information must include, at a minimum:

  4         a.  The percent of graduates obtaining full-time

  5  teaching employment within the first year of graduation.

  6         b.  The average length of stay of graduates in their

  7  full-time teaching positions.

  8         c.  Satisfaction ratings required in paragraph (e).

  9         2.  Beginning with the 2001-2002 academic year, Each

10  public and private institution offering training for school

11  readiness-related professions, including training in the

12  fields of child care and early childhood education, whether

13  offering vocational credit, associate in science degree

14  programs, or associate in arts degree programs, shall annually

15  report information regarding these programs to the state and

16  the general public in a uniform and comprehensible manner that

17  conforms with definitions and methods proposed by the

18  Education Standards Commission. This information must include,

19  at a minimum:

20         a.  Average length of stay of graduates in their

21  positions.

22         b.  Satisfaction ratings of graduates' employers.

23  

24  This information shall be reported through publications,

25  including college and university catalogs and promotional

26  materials sent to potential applicants, secondary school

27  guidance counselors, and prospective employers of the

28  institution's program graduates.

29         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

30  instructors, school district personnel and instructional

31  personnel, and school sites preparing instructional personnel

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  1  through preservice field experience courses and internships

  2  shall meet special requirements.

  3         (a)  All instructors in postsecondary teacher

  4  preparation programs who instruct or supervise preservice

  5  field experience courses or internships shall have at least

  6  one of the following: specialized training in clinical

  7  supervision; a valid professional teaching certificate

  8  pursuant to ss. 231.17 and 231.24; or at least 3 years of

  9  successful teaching experience in prekindergarten through

10  grade 12.

11         (b)  All school district personnel and instructional

12  personnel who supervise or direct teacher preparation students

13  during upper-division field experience courses or internships

14  must have evidence of "clinical educator" training and must

15  successfully demonstrate effective classroom management

16  strategies that consistently result in improved student

17  performance. The Education Standards Commission shall

18  recommend, and the state board shall approve, the training

19  requirements.

20         (c)  Preservice field experience programs must provide

21  specific guidance and demonstration of effective classroom

22  management strategies, strategies for incorporating technology

23  into classroom instruction, and ways to link instructional

24  plans to the Sunshine State Standards, as appropriate. The

25  length of structured field experiences may be extended to

26  ensure that candidates achieve the competencies needed to meet

27  certification requirements.

28         (d)  Postsecondary teacher preparation programs in

29  cooperation with district school boards and approved nonpublic

30  school associations shall select the school sites for

31  preservice field experience activities. These sites must

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  1  represent the full spectrum of school communities, including,

  2  but not limited to, schools located in urban settings. In

  3  order to be selected, school sites must demonstrate commitment

  4  to the education of public school students and to the

  5  preparation of future teachers.

  6         (6)  STANDARDS OF EXCELLENCE.--The Education Standards

  7  Commission shall recommend, and the State Board of Education

  8  shall approve, standards of excellence for teacher

  9  preparation. These standards must exceed the requirements for

10  program approval pursuant to subsection (3) and must

11  incorporate state and national recommendations for exemplary

12  teacher preparation programs. Approved teacher preparation

13  programs that meet these standards of excellence shall receive

14  public recognition as programs of excellence and may be

15  eligible to receive teaching profession enhancement grants

16  pursuant to s. 240.5291.

17         (6)(7)  NATIONAL BOARD STANDARDS.--The Education

18  Standards Commission and the State Board of Education shall

19  review standards and recommendations developed by the National

20  Board for Professional Teaching Standards and may incorporate

21  those parts deemed appropriate into criteria for continued

22  state program approval, standards of excellence, and

23  requirements for inservice education.

24         (7)(8)  COMMUNITY COLLEGES.--To the extent practical,

25  postsecondary institutions offering teacher preparation

26  programs shall establish articulation agreements on a core of

27  liberal arts courses and introductory professional courses

28  with field experience components which shall be offered at

29  community colleges.

30         (8)(9)  PRETEACHER AND TEACHER EDUCATION PILOT

31  PROGRAMS.--Universities, colleges, and community colleges may

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  1  establish preteacher education and teacher education pilot

  2  programs to encourage promising minority students to prepare

  3  for a career in education. These pilot programs shall be

  4  designed to recruit and provide additional academic, clinical,

  5  and counseling support for students whom the institution

  6  judges to be potentially successful teacher education

  7  candidates, but who may not meet teacher education program

  8  admission standards. Priority consideration shall be given to

  9  those pilot programs that are jointly submitted by community

10  colleges, colleges, and universities.

11         (a)  These pilot programs shall be approved by the

12  State Board of Education and shall be designed to provide help

13  and support for program participants during the preteacher

14  education period of general academic preparation at a

15  community college, college, or university and during

16  professional preparation in a state-approved teacher education

17  program. Emphasis shall be placed on development of the basic

18  skills needed by successful teachers.

19         (b)  Universities, colleges, and community colleges may

20  admit into the pilot program those incoming students who

21  demonstrate an interest in teaching as a career, but who may

22  not meet the requirements for entrance into an approved

23  teacher education program.

24         1.  Flexibility may be given to colleges of education

25  to develop and market innovative teacher training programs

26  directed at specific target groups such as graduates from the

27  colleges of arts and sciences, employed education

28  paraprofessionals, substitute teachers, early federal

29  retirees, and nontraditional college students. Programs must

30  be submitted to the State Board of Education for approval.

31  

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  1         2.  Academically successful graduates in the fields of

  2  liberal arts and science may be encouraged to embark upon a

  3  career in education.

  4         3.  Models may be developed to provide a positive

  5  initial experience in teaching in order to encourage

  6  retention. Priority should be given to models that encourage

  7  minority graduates.

  8         (c)  In order to be certified, a graduate from a pilot

  9  program shall meet all requirements for teacher certification

10  specified by s. 231.17. Should a graduate of a pilot program

11  not meet the requirements of s. 231.17, that person shall not

12  be included in the calculations required by paragraph (4)(a)

13  and State Board of Education rules for continued program

14  approval, or in the statutes used by the State Board of

15  Education in deciding which teacher education programs to

16  approve.

17         (d)  Institutions participating in the pilot program

18  shall submit an annual report evaluating the success of the

19  program to the Commissioner of Education by March 1 of each

20  year. The report shall contain, but shall not be limited to:

21  the number of pilot program participants, including the number

22  participating in general education and the number admitted to

23  approved teacher education programs, the number of pilot

24  program graduates, and the number of pilot program graduates

25  who met the requirements of s. 231.17. The commissioner shall

26  consider the number of participants recruited, the number of

27  graduates, and the number of graduates successfully meeting

28  the requirements of s. 231.17 reported by each institution,

29  and shall make an annual recommendation to the state board

30  regarding the institution's continued participation in the

31  pilot program.

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  1         (9)(10)  TEACHER EDUCATION PILOT PROGRAMS FOR

  2  HIGH-ACHIEVING STUDENTS.--Pilot teacher preparation programs

  3  shall be established at the University of Central Florida, the

  4  University of North Florida, and the University of South

  5  Florida.  These programs shall include a year-long paid

  6  teaching assignment and competency-based learning experiences

  7  and shall be designed to encourage high-achieving students, as

  8  identified by the institution, to pursue a career in

  9  education.  Students chosen to participate in the pilot

10  programs shall agree to teach for at least 1 year after they

11  receive their degrees.  Criteria for identifying

12  high-achieving students shall be developed by the institution

13  and shall include, at a minimum, requirements that the student

14  have a 3.3 grade point average or above and that the student

15  has demonstrated mastery of general knowledge pursuant to s.

16  231.17(2)(g). The year-long paid teaching assignment shall

17  begin after completion of the equivalent of 3 years of the

18  university teacher preparation program.

19         (a)  Each pilot program shall be designed to include:

20         1.  A year-long paid teaching assignment at a specified

21  school site during the fourth year of the university teacher

22  preparation program, which includes intense supervision by a

23  support team trained in clinical education. The support team

24  shall include a university supervisor and experienced

25  school-based mentors.  A mentor teacher shall be assigned to

26  each fourth year employed teacher to implement an

27  individualized learning plan.  This mentor teacher will be

28  considered an adjunct professor for purposes of this program

29  and may receive credit for time spent as a mentor teacher in

30  the program.  The mentor teacher must have a master's degree

31  or above, a minimum of 3 years of teaching experience, and

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  1  clinical education training or certification by the National

  2  Board of Professional Teaching Standards.  Experiences and

  3  instruction may be delivered by other mentors, assigned

  4  teachers, professors, individualized learning, and

  5  demonstrations.  Students in this paid teaching assignment

  6  shall assume full responsibility of all teaching duties.

  7         2.  Professional education curriculum requirements that

  8  address the educator-accomplished practices and other

  9  competencies specified in state board rule.

10         3.  A modified instructional delivery system that

11  provides onsite training during the paid teaching assignment

12  in the professional education areas and competencies specified

13  in this subsection.  The institutions participating in this

14  pilot program shall be given a waiver to provide a modified

15  instructional delivery system meeting criteria that allows

16  earned credit through nontraditional approaches.  The modified

17  system may provide for an initial evaluation of the

18  candidate's competencies to determine an appropriate

19  individualized professional development plan and may provide

20  for earned credit by:

21         a.  Internet learning and competency acquisition.

22         b.  Learning acquired by observing demonstrations and

23  being observed in application.

24         c.  Independent study or instruction by mentor teachers

25  or adjunct teachers.

26         4.  Satisfactory demonstration of the

27  educator-accomplished practices and content area competencies

28  for program completion.

29         5.  For program completion, required achievement of

30  passing scores on all tests required for certification by

31  State Board of Education rules.

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  1         (b)  Beginning in July 2003, each institution

  2  participating in the pilot program shall submit to the

  3  Commissioner of Education an annual report evaluating the

  4  effectiveness of the program.  The report shall include, but

  5  shall not be limited to, the number of students selected for

  6  the pilot program, the number of students successfully

  7  completing the pilot program, the number of program

  8  participants who passed all required examinations, the number

  9  of program participants who successfully demonstrated all

10  required competencies, and a followup study to determine the

11  number of pilot program completers who were employed in a

12  teaching position and employers' satisfaction with the

13  performance of pilot program completers.

14         (c)  This subsection shall be implemented to the extent

15  specifically funded in the General Appropriations Act.

16         (10)(11)  RULES.--The State Board of Education shall

17  adopt necessary rules pursuant to ss. 120.536(1) and 120.54 to

18  implement this section.

19         Section 282.  Sections 240.52901, 240.5291, and 240.53,

20  Florida Statutes, are repealed.

21         Section 283.  Notwithstanding subsection (7) of section

22  3 of chapter 2000-321, Laws of Florida, section 240.531,

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         240.531  Establishment of educational research centers

27  for child development.--

28         (1)  Upon approval of the university president, the

29  student government association of any state university within

30  the State University System may establish an educational

31  research center for child development in accordance with the

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  1  provisions of this section.  Each such center shall be a child

  2  day care center established to provide care for the children

  3  of students, both graduate and undergraduate, faculty, and

  4  other staff and employees of the university and to provide an

  5  opportunity for interested schools or departments of the

  6  university to conduct educational research programs and

  7  establish internship programs within such centers.  Whenever

  8  possible, such center shall be located on the campus of the

  9  university.  There shall be a director of each center,

10  selected by the board of directors of the center.

11         (2)  There shall be a board of directors for each

12  educational research center for child development, consisting

13  of the president of the university or his or her designee, the

14  student government president or his or her designee, the chair

15  of each department participating in the center or his or her

16  designee, and one parent for each 50 children enrolled in the

17  center, elected by the parents of children enrolled in the

18  center. The director of the center shall be an ex officio,

19  nonvoting member of the board.  The board shall establish

20  local policies and perform local oversight and operational

21  guidance for the center.

22         (3)  Each center is authorized to charge fees for the

23  care and services it provides.  Such fees must be approved by

24  the board of trustees of the state university Regents and may

25  be imposed on a sliding scale based on ability to pay or any

26  other factors deemed relevant by the board.

27         (4)  Each state university board of trustees may adopt

28  The Board of Regents is authorized and directed to promulgate

29  rules for the establishment, operation, and supervision of

30  educational research centers for child development. Such rules

31  shall include, but need not be limited to:  a defined method

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  1  of establishment of and participation in the operation of

  2  centers by the appropriate student government associations;

  3  guidelines for the establishment of an intern program in each

  4  center; and guidelines for the receipt and monitoring of funds

  5  from grants and other sources of funds consistent with

  6  existing laws.

  7         (5)  Each educational research center for child

  8  development shall be funded by a portion of the Capital

  9  Improvement Trust Fund fee established by the Board of Regents

10  pursuant to s. 240.209(3)(g).  Each university that which

11  establishes a center shall receive a portion of such fees

12  collected from the students enrolled at that university,

13  usable only at that university, equal to 22.5 cents per

14  student per credit hour taken per term, based on the summer

15  term and fall and spring semesters. This allocation shall be

16  used by the university only for the establishment and

17  operation of a center as provided by this section and rules

18  adopted under this section promulgated hereunder.  The Said

19  allocation may be made only after all bond obligations

20  required to be paid from such fees have been met.

21         Section 284.  Notwithstanding subsection (7) of section

22  3 of chapter 2000-321, Laws of Florida, section 240.5321,

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         240.5321  Interdisciplinary Center for Brownfield

27  Rehabilitation Assistance.--The State Board of Education Board

28  of Regents shall establish a Center for Brownfield

29  Rehabilitation Assistance in the Environmental Sciences and

30  Policy Program in the College of Arts and Sciences at the

31  University of South Florida with the collaboration of other

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  1  related disciplines such as business administration,

  2  environmental science, and medicine. The center shall work in

  3  conjunction with other colleges and state universities in the

  4  State University System.  The Center for Brownfield

  5  Rehabilitation Assistance shall:

  6         (1)  Conduct research relating to problems and

  7  solutions associated with rehabilitation and restoration of

  8  brownfield areas as defined in s. 376.79. The research must

  9  include identifying innovative solutions to removing

10  contamination from brownfield sites to reduce the threats to

11  drinking water supplies and other potential public health

12  threats from contaminated sites.

13         (2)  Provide public service to local, regional, and

14  state agencies, units of government, and authorities by

15  helping them to create workable mechanisms, partnerships with

16  public and private sectors, and other techniques for

17  rehabilitating brownfield areas.

18         (3)  Conduct special research relating to risk-based

19  corrective actions for rehabilitation of brownfield areas.

20         (4)  Develop a base of informational and financial

21  support from the private sector for the activities of the

22  center.

23         Section 285.  Notwithstanding subsection (7) of section

24  3 of chapter 2000-321, Laws of Florida, section 240.5325,

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         240.5325  Research activities relating to solid and

29  hazardous waste management.--Research, training, and service

30  activities related to solid and hazardous waste management

31  conducted by state universities shall be coordinated by the

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  1  State Board of Education Board of Regents through the Office

  2  of the Commissioner of Education Chancellor. Proposals for

  3  research contracts and grants; public service assignments; and

  4  responses to requests for information and technical assistance

  5  by state and local government, business, and industry shall be

  6  addressed by a formal Type I Center process involving an

  7  advisory board of university personnel appointed by the

  8  commissioner chancellor and chaired and directed by an

  9  individual appointed by the commissioner chancellor. The

10  commissioner Board of Regents shall consult with the

11  Department of Environmental Protection in developing the

12  research programs and provide the department with a copy of

13  the proposed research program for review and comment before

14  the research is undertaken. Research contracts shall be

15  awarded to independent nonprofit colleges and universities

16  within the state which are accredited by the Southern

17  Association of Colleges and Schools on the same basis as those

18  research contracts awarded to the state universities. Research

19  activities shall include, but are not limited to, the

20  following areas:

21         (1)  Methods and processes for recycling solid and

22  hazardous waste;

23         (2)  Methods of treatment for detoxifying hazardous

24  waste; and

25         (3)  Technologies for disposing of solid and hazardous

26  waste.

27         Section 286.  Section 240.5326, Florida Statutes, is

28  repealed.

29         Section 287.  Notwithstanding subsection (7) of section

30  3 of chapter 2000-321, Laws of Florida, section 240.5329,

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         240.5329  Florida LAKEWATCH Program.--The Florida

  4  LAKEWATCH Program is hereby created within the Department of

  5  Fisheries and Aquaculture of the Institute of Food and

  6  Agricultural Sciences at the University of Florida.  The

  7  purpose of the program is to provide public education and

  8  training with respect to the water quality of Florida's lakes.

  9  The Department of Fisheries and Aquaculture may, in

10  implementing the LAKEWATCH program:

11         (1)  Train, supervise, and coordinate volunteers to

12  collect water quality data from Florida's lakes.

13         (2)  Compile the data collected by volunteers.

14         (3)  Disseminate information to the public about the

15  LAKEWATCH program.

16         (4)  Provide or loan equipment to volunteers in the

17  program.

18         (5)  Perform other functions as may be necessary or

19  beneficial in coordinating the LAKEWATCH program.

20  

21  Data collected and compiled shall be used to establish trends

22  and provide general background information and shall in no

23  instance be used in a regulatory proceeding.

24         Section 288.  Notwithstanding subsection (7) of section

25  3 of chapter 2000-321, Laws of Florida, section 240.533,

26  Florida Statutes, shall not stand repealed January 7, 2003, as

27  scheduled by that law, but that section is reenacted and

28  amended to read:

29         240.533  Gender equity in intercollegiate athletics.--

30         (1)  LEGISLATIVE INTENT.--The Legislature recognizes

31  that the educational opportunities for women athletes are

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  1  greatly enhanced by providing equal opportunity for women to

  2  participate in intercollegiate athletics. Therefore, it is the

  3  intent of the Legislature to demonstrate through financial

  4  assistance to the state universities and colleges State

  5  University System and the institutions therein its commitment

  6  to the principle of equity by assuring equal opportunity for

  7  female athletes.  Furthermore, it is the intent of the

  8  Legislature that the Title IX regulations of the 1972

  9  Educational Amendments, as amended, form the basis upon which

10  appropriations are made.

11         (2)  COUNCIL.--

12         (a)  There is created from among the state universities

13  and colleges within the Board of Regents the Council on Equity

14  in Athletics.  The council shall meet at least once, but not

15  more than four times, annually.  The council shall be composed

16  of:

17         1.  The Chancellor of the State University System or a

18  designee, who shall serve as chair of the council.

19         1.2.  The Commissioner of Education or a designee, who

20  shall serve as chair of the council.

21         2.3.  The President of the State Council of Student

22  Body Presidents or a designee.

23         3.4.  The Equal Employment Opportunity officer for the

24  Department of Education or a designee.

25         4.5.  The director of the Office of Equal Opportunity

26  Programs for the Department of Education Board of Regents.

27         5.6.  One member from each state university and college

28  institution within the State University System, at least five

29  of whom shall be women.  Except for the Chancellor or his or

30  her designee, the Commissioner of Education or designee, the

31  Equal Employment Opportunity officer for the Department of

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  1  Education, and the Director of the Board of Regents Office of

  2  Equal Opportunity Programs of the Department of Education, and

  3  except for the President of the State Council of Student Body

  4  Presidents, or a designee, who shall be appointed to a term of

  5  1 year, the terms of council members appointed to fill

  6  vacancies which occur after August 1, 1991, shall be as

  7  follows:  three members shall be appointed for 2-year terms;

  8  three members shall be appointed for 3-year terms; and three

  9  members shall be appointed for 4-year terms.  Upon expiration

10  of these members' terms of office, terms of office shall be

11  for 4 years.  Institutional members shall be nominated by the

12  university or college presidents and selected by the

13  Commissioner of Education Chancellor of the State University

14  System.  If In the event of a vacancy occurs prior to

15  expiration of a member's term, such vacancy shall be filled by

16  the commissioner Chancellor of the State University System.

17         (b)  The council shall have as its primary

18  responsibilities:

19         1.  The determination of available resources for

20  women's intercollegiate athletics at each state university and

21  college institution within the State University System.

22         2.  The determination of required resources for women's

23  intercollegiate athletics at each state university and college

24  institution within the State University System in order to

25  comply with this section the provisions herein.

26         3.  The development of a state formula for the request

27  and allocation of funds based on the Title IX regulations,

28  which shall assure equity for funding women's intercollegiate

29  athletics at each state university and college institution

30  within the State University System.

31  

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  1         4.  The advisement of the State Board of Education

  2  board of the required appropriation and allocation to assure

  3  equity as provided herein.

  4         (3)  FUNDING.--

  5         (a)  An equitable portion of all separate athletic fees

  6  shall be designated for women's intercollegiate athletics.

  7         (b)  The level of funding and percentage share of

  8  support for women's intercollegiate athletics shall be

  9  determined by the State Board of Education Board of Regents,

10  in consultation with the Council on Equity in Athletics.  The

11  level of funding and percentage share attained in the

12  1980-1981 fiscal year shall be the minimum level and

13  percentage maintained by each institution, except as the state

14  board Board of Regents otherwise directs for the purpose of

15  assuring equity. Consideration shall be given by the state

16  board Board of Regents to emerging athletic programs at state

17  universities and colleges that which may not have the

18  resources to secure external funds to provide athletic

19  opportunities for women. It is the intent that the effect of

20  any redistribution of funds among institutions shall not

21  negate the requirements as set forth in this section.

22         (c)  In addition to the above amount, an amount equal

23  to the sales taxes collected from admission to athletic events

24  sponsored by a state university or college an institution

25  within the State University System shall be retained and

26  utilized by each institution to support women's athletics.

27         (4)  GENDER EQUITY PLAN.--

28         (a)  Each state university and college shall develop a

29  gender equity plan pursuant to s. 228.2001.  The council shall

30  review each university's plan to ensure compliance and report

31  

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  1  such findings to the State Board of Education Board of

  2  Regents.

  3         (b)  The plan shall include consideration of equity in

  4  sports offerings, participation, availability of facilities,

  5  scholarship offerings, and funds allocated for administration,

  6  recruitment, comparable coaching, publicity and promotion, and

  7  other support costs.

  8         (c)  The Commissioner of Education shall annually

  9  assess the progress of each university's plan and advise the

10  Board of Regents regarding compliance.

11         (d)  The State Board of Education Board of Regents

12  shall annually evaluate the Chancellor and university and

13  college presidents on the extent to which the gender equity

14  goals have been achieved.

15         (e)  To determine the proper level of support for

16  women's athletic scholarships, an equity plan may determine,

17  where appropriate, that support for women's scholarships may

18  be disproportionate to the support of scholarships for men.

19         (f)  Effective July 1, 1994, If a state university or

20  college is not in compliance with Title IX of the Education

21  Amendments of 1972 and the Florida Educational Equity Act, the

22  State Board of Education Board of Regents shall:

23         1.  Declare the university or college ineligible for

24  competitive state grants.

25         2.  Withhold funds sufficient to obtain compliance.

26  

27  The university or college shall remain ineligible and the

28  funds shall not be paid until the university or college comes

29  into compliance or the Commissioner of Education Chancellor

30  approves a plan for compliance.

31  

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  1         (5)  STATE BOARD OF EDUCATION BOARD OF REGENTS.--The

  2  State Board of Education Board of Regents shall assure equal

  3  opportunity for female athletes and establish:

  4         (a)  Guidelines for reporting of intercollegiate

  5  athletics data concerning financial, program, and facilities

  6  information for review by the state board Board of Regents

  7  annually.

  8         (b)  Systematic audits for the evaluation of such data.

  9         (c)  Criteria for determining and assuring equity.

10         Section 289.  Sections 240.5339, 240.5340, 240.5341,

11  240.5342, 240.5343, 240.5344, 240.5345, 240.5346, 240.5347,

12  240.5348, and 240.5349, Florida Statutes, are repealed.

13         Section 290.  Notwithstanding subsection (7) of section

14  3 of chapter 2000-321, Laws of Florida, section 240.535,

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         240.535  New World School of the Arts.--

19         (1)  This section shall be known and may be cited as

20  the "New World School of the Arts Act."

21         (2)  As Florida strives to achieve excellence in all

22  aspects of public education, it is the intent of the

23  Legislature that specific attention be given to the needs of

24  artistically talented high school and college students.  It is

25  further intended that such students who are occupationally

26  oriented to the arts be provided with the means for achieving

27  both an academic education and artistic training appropriate

28  to their gifts.

29         (3)  There is hereby created the New World School of

30  the Arts, a center of excellence for the performing and visual

31  arts, to serve all of the State of Florida.  The school shall

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  1  offer a program of academic and artistic studies in the visual

  2  and performing arts which shall be available to talented high

  3  school and college students.

  4         (4)(a)  For purposes of governance, the New World

  5  School of the Arts is assigned to the State Board of Education

  6  University System, Miami-Dade Community College, and the

  7  Miami-Dade Dade County School District. The State Board of

  8  Education Board of Regents shall assign to the New World

  9  School of the Arts a university partner or partners. In this

10  selection, the state board shall Board of Regents will

11  consider the accreditation status of the core programs.

12  Florida International University, in its capacity as the

13  provider of university services to Miami-Dade Dade County,

14  will be a partner to serve the New World School of the Arts,

15  upon meeting the accreditation criteria. The respective boards

16  shall appoint members to an executive board for administration

17  of the school. The executive board may include community

18  members and shall reflect proportionately the participating

19  institutions. Miami-Dade Community College shall serve as

20  fiscal agent for the school.

21         (b)  The New World School of the Arts Foundation is

22  hereby created for the purpose of providing auxiliary

23  financial support for the school's programs, including, but

24  not limited to, the promotion and sponsorship of special

25  events and scholarships. Foundation membership shall be

26  determined by the executive board.

27         (c)  The school may affiliate with other public or

28  private educational or arts institutions. The school shall

29  serve as a professional school for all qualified students

30  within appropriations and limitations established by the

31  Legislature and the respective educational institutions.

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  1         (5)  The school shall submit annually a formula-driven

  2  budget request to the Commissioner of Education and the

  3  Legislature. This formula shall be developed in consultation

  4  with the State Board of Education Department of Education, the

  5  Division of Community Colleges, the Board of Regents, and

  6  staff of the Legislature. However, the actual funding for the

  7  school shall be determined by the Legislature in the General

  8  Appropriations Act.

  9         (6)  The State Board of Education Board of Regents

10  shall utilize resources, programs, and faculty from the

11  various state universities in planning and providing the

12  curriculum and courses at the New World School of the Arts,

13  drawing on program strengths at each state university.

14         Section 291.  Sections 240.539, 240.540, and 240.541,

15  Florida Statutes, are repealed.

16         Section 292.  Paragraph (h) of subsection (2),

17  subsection (4), paragraph (b) of subsection (5), paragraph

18  (f)of subsection (6), paragraphs (d), (i), and (t) of

19  subsection (7), subsection (9), subsection (12), paragraph (e)

20  of subsection (13) and subsection and subsection (21) of

21  section 240.551, Florida Statutes, are amended, and paragraph

22  (x) is added to subsection (7) of that section, to read:

23         240.551  Florida Prepaid College Program.--

24         (2)  DEFINITIONS.--

25         (h)  "State postsecondary institution" means any

26  community college identified in s. 240.3031 or university or

27  college identified in s. 240.2011.

28         (4)  FLORIDA PREPAID COLLEGE TRUST FUND.--There is

29  created within the State Board of Administration the Florida

30  Prepaid College Trust Fund.  The fund shall consist of state

31  appropriations, moneys acquired from other governmental or

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  1  private sources, and moneys remitted in accordance with

  2  advance payment contracts. All funds deposited into the trust

  3  fund may be invested pursuant to s. 215.47. Dividends,

  4  interest, and gains accruing to the trust fund shall increase

  5  the total funds available for the program. Notwithstanding the

  6  provisions of chapter 717, funds associated with terminated

  7  contracts pursuant to subsection (12) and canceled contracts

  8  for which no refunds have been claimed shall be retained by

  9  the board increase the total funds available for the program.

10  However, the board shall establish procedures for notifying

11  purchasers who subsequently cancel their contracts of any

12  unclaimed refund and shall establish a time period after which

13  no refund may be claimed by a purchaser who canceled a

14  contract. The board may transfer funds retained from such

15  terminated contracts and cancelled contracts to the Florida

16  Prepaid Tuition Scholarship Program to provide funds for

17  prepaid tuition scholarships for economically disadvantaged

18  youths who remain drug-free and crime-free. Any balance

19  contained within the fund at the end of a fiscal year shall

20  remain therein and shall be available for carrying out the

21  purposes of the program and the direct support organization

22  established pursuant to subsection (22). If In the event that

23  dividends, interest, and gains exceed the amount necessary for

24  program administration and disbursements, the board may

25  designate an additional percentage of the fund to serve as a

26  contingency fund.  Moneys contained within the fund shall be

27  exempt from the investment requirements of s. 18.10. Any funds

28  of a direct-support organization created pursuant to

29  subsection (22) shall be exempt from the provisions of this

30  subsection.

31         (5)  PROGRAM ADMINISTRATION.--

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  1         (b)  The board shall consist of seven members to be

  2  composed of the Attorney General, the Chief Financial Officer,

  3  the Director of the Division of Colleges and Universities, the

  4  Director of the Division of Community Colleges, Insurance

  5  Commissioner and Treasurer, the Comptroller, the Chancellor of

  6  the Board of Regents, the Executive Director of the State

  7  Board of Community Colleges, and three members appointed by

  8  the Governor and subject to confirmation by the Senate.  Each

  9  member appointed by the Governor shall possess knowledge,

10  skill, and experience in the areas of accounting, actuary,

11  risk management, or investment management.  Each member of the

12  board not appointed by the Governor may name a designee to

13  serve the board on behalf of the member; however, any designee

14  so named shall meet the qualifications required of

15  gubernatorial appointees to the board. Members appointed by

16  the Governor shall serve terms of 3 years.  Any person

17  appointed to fill a vacancy on the board shall be appointed in

18  a like manner and shall serve for only the unexpired term.

19  Any member shall be eligible for reappointment and shall serve

20  until a successor qualifies. Members of the board shall serve

21  without compensation but shall be reimbursed for per diem and

22  travel in accordance with s. 112.061.  Each member of the

23  board shall file a full and public disclosure of his or her

24  financial interests pursuant to s. 8, Art. II of the State

25  Constitution and corresponding statute.

26         (6)  FLORIDA PREPAID COLLEGE BOARD; DUTIES.--The board

27  shall:

28         (f)  Solicit proposals and contract, pursuant to s.

29  287.057, for product providers to develop investment

30  portfolios on behalf of the board to achieve the purposes of

31  this section. Product providers shall be limited to authorized

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  1  insurers as defined in s. 624.09, banks as defined in s.

  2  658.12, associations as defined in s. 665.012, authorized

  3  Securities and Exchange Commission investment advisers, and

  4  investment companies as defined in the Investment Company Act

  5  of 1940. All product providers shall have their principal

  6  place of business and corporate charter located and registered

  7  in the United States. In addition, each product provider shall

  8  agree to meet the obligations of the board to qualified

  9  beneficiaries if moneys in the fund fail to offset the

10  obligations of the board as a result of imprudent investing by

11  such provider. Each authorized insurer shall evidence superior

12  performance overall on an acceptable level of surety in

13  meeting its obligations to its policyholders and other

14  contractual obligations. Only qualified public depositories

15  approved by the Chief Financial Officer Insurance Commissioner

16  and Treasurer shall be eligible for board consideration. Each

17  investment company shall provide investment plans as specified

18  within the request for proposals. The goals of the board in

19  selecting a product provider company shall be to provide all

20  purchasers with the most secure, well-diversified, and

21  beneficially administered postsecondary education expense plan

22  possible, to allow all qualified firms interested in providing

23  such services equal consideration, and to provide such

24  services to the state at no cost and to the purchasers at the

25  lowest cost possible. Evaluations of proposals submitted

26  pursuant to this paragraph shall include, but not be limited

27  to, the following criteria:

28         1.  Fees and other costs charged to purchasers that

29  affect account values or operational costs related to the

30  program.

31  

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  1         2.  Past and current investment performance, including

  2  investment and interest rate history, guaranteed minimum rates

  3  of interest, consistency of investment performance, and any

  4  terms and conditions under which moneys are held.

  5         3.  Past experience and ability to provide timely and

  6  accurate service in the areas of records administration,

  7  benefit payments, investment management, and complaint

  8  resolution.

  9         4.  Financial history and current financial strength

10  and capital adequacy to provide products, including operating

11  procedures and other methods of protecting program assets.

12         (7)  FLORIDA PREPAID COLLEGE BOARD; POWERS.--The board

13  shall have the powers necessary or proper to carry out the

14  provisions of this section, including, but not limited to, the

15  power to:

16         (d)  Establish agreements or other transactions with

17  federal, state, and local agencies, including state

18  universities, colleges, and community colleges.

19         (i)  Restrict the number of participants in the

20  community college plan, university and college plan, and

21  dormitory residence plan, respectively. However, any person

22  denied participation solely on the basis of such restriction

23  shall be granted priority for participation during the

24  succeeding year.

25         (t)  Endorse insurance coverage written exclusively for

26  the purpose of protecting advance payment contracts, and the

27  purchasers and beneficiaries thereof, which may be issued in

28  the form of a group life policies and group disability

29  policies that are policy and which is exempt from the

30  provisions of part V of chapter 627.

31  

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  1         (x)  Form strategic alliances with public and private

  2  entities to provide benefits to the program and participants

  3  in the program.

  4         (9)  PREPAID COLLEGE PLANS.--At a minimum, the board

  5  shall make advance payment contracts available for two

  6  independent plans to be known as the community college plan

  7  and the university and college plan. The board may also make

  8  advance payment contracts available for a dormitory residence

  9  plan.

10         (a)1.  Through the community college plan, the advance

11  payment contract shall provide prepaid registration fees for a

12  specified number of undergraduate semester credit hours not to

13  exceed the average number of hours required for the conference

14  of an associate degree. The cost of participation in the

15  community college plan shall be based primarily on the average

16  current and projected registration fees among the community

17  colleges within the Florida Community College System and the

18  number of years expected to elapse between the purchase of the

19  plan on behalf of a qualified beneficiary and the exercise of

20  the benefits provided in the plan by such beneficiary.

21  Qualified beneficiaries shall bear the cost of any laboratory

22  fees associated with enrollment in specific courses. Each

23  qualified beneficiary shall be classified as a resident for

24  tuition purposes, pursuant to s. 240.1201, regardless of his

25  or her actual legal residence.

26         2.  Effective July 1, 1998, The board may provide

27  advance payment contracts for additional fees delineated in s.

28  240.35, not to exceed the average number of hours required for

29  the conference of an associate degree, in conjunction with

30  advance payment contracts for registration fees. The cost of

31  purchasing such fees shall be based primarily on the average

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  1  current and projected fees among the community colleges within

  2  the Florida Community College System and the number of years

  3  expected to elapse between the purchase of the plan on behalf

  4  of the beneficiary and the exercise of benefits provided in

  5  the plan by such beneficiary. Community college plan contracts

  6  purchased prior to July 1, 1998, shall be limited to the

  7  payment of registration fees as defined in subsection (2).

  8         (b)1.  Through the university and college plan, the

  9  advance payment contract shall provide prepaid registration

10  fees for a specified number of undergraduate semester credit

11  hours not to exceed the average number of hours required for

12  the conference of a baccalaureate degree. The cost of

13  participation in the university and college plan shall be

14  based primarily on the current and projected registration fees

15  of state colleges and universities within the State University

16  System and the number of years expected to elapse between the

17  purchase of the plan on behalf of a qualified beneficiary and

18  the exercise of the benefits provided in the plan by such

19  beneficiary. Qualified beneficiaries shall bear the cost of

20  any laboratory fees associated with enrollment in specific

21  courses. Each qualified beneficiary shall be classified as a

22  resident for tuition purposes pursuant to s. 240.1201,

23  regardless of his or her actual legal residence.

24         2.  Effective July 1, 1998, The board may provide

25  advance payment contracts for additional fees delineated in s.

26  240.235(2)(a) s. 240.235(1), for a specified number of

27  undergraduate semester credit hours not to exceed the average

28  number of hours required for the conference of a baccalaureate

29  degree, in conjunction with advance payment contracts for

30  registration fees. Such contracts shall provide prepaid

31  coverage for the sum of such fees, to a maximum of 45 percent

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  1  of the cost of registration fees. The costs of purchasing such

  2  fees shall be based primarily on the average current and

  3  projected cost of these fees among the state colleges and

  4  universities within the State University System and the number

  5  of years expected to elapse between the purchase of the plan

  6  on behalf of the qualified beneficiary and the exercise of the

  7  benefits provided in the plan by such beneficiary. University

  8  and college plan contracts purchased prior to July 1, 1998,

  9  shall be limited to the payment of registration fees as

10  defined in subsection (2).

11         (c)  Through the dormitory residence plan, the advance

12  payment contract may provide prepaid housing fees for a

13  maximum of 10 semesters of full-time undergraduate enrollment

14  in a state university or college. Dormitory residence plans

15  shall be purchased in increments of 2 semesters. The cost of

16  participation in the dormitory residence plan shall be based

17  primarily on the average current and projected housing fees

18  among state colleges and universities within the State

19  University System and the number of years expected to elapse

20  between the purchase of the plan on behalf of a qualified

21  beneficiary and the exercise of the benefits provided in the

22  plan by such beneficiary. Qualified beneficiaries shall have

23  the highest priority in the assignment of housing within

24  university residence halls. Qualified beneficiaries shall bear

25  the cost of any additional elective charges such as laundry

26  service or long-distance telephone service. Each state college

27  and university may specify the residence halls or other

28  college or university-held residences eligible for inclusion

29  in the plan. In addition, any state college or university may

30  request immediate termination of a dormitory residence

31  contract based on a violation or multiple violations of rules

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  1  of the residence hall or other college or university-held

  2  residences. In the event that sufficient housing is not

  3  available for all qualified beneficiaries, the board shall

  4  refund the purchaser or qualified beneficiary an amount equal

  5  to the fees charged for dormitory residence during that

  6  semester. If a qualified beneficiary fails to be admitted to a

  7  state college or university or chooses to attend a community

  8  college that operates one or more dormitories or residency

  9  opportunities, or has one or more dormitories or residency

10  opportunities operated by the community college direct-support

11  organization, the qualified beneficiary may transfer or cause

12  to have transferred to the community college, or community

13  college direct-support organization, the fees associated with

14  dormitory residence. Dormitory fees transferred to the

15  community college or community college direct-support

16  organization may not exceed the maximum fees charged for state

17  university or college dormitory residence for the purposes of

18  this section, or the fees charged for community college or

19  community college direct-support organization dormitories or

20  residency opportunities, whichever is less.

21         (12)  DURATION OF BENEFITS; ADVANCE PAYMENT

22  CONTRACT.--An advance payment contract may provide that

23  contracts which have not been terminated or the benefits

24  exercised within a specified period of time shall be

25  considered terminated.  Time expended by a qualified

26  beneficiary as an active duty member of any of the armed

27  services of the United States shall be added to the period of

28  time specified pursuant to this subsection.  No purchaser or

29  qualified beneficiary whose advance payment contract is

30  terminated pursuant to this subsection shall be entitled to a

31  refund.  Notwithstanding chapter 717, the board shall retain

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  1  any moneys paid by the purchaser for an advance payment

  2  contract that has been terminated in accordance with this

  3  subsection.  Such moneys may be transferred to the Florida

  4  Prepaid Tuition Scholarship Program to provide funds for

  5  prepaid tuition scholarships for economically disadvantaged

  6  youths who remain drug-free and crime-free retained by the

  7  board are exempt from chapter 717, and such retained moneys

  8  must be used by the board to further the purposes of this

  9  section.

10         (13)  REFUNDS.--

11         (e)  No refund shall be authorized through an advance

12  payment contract for any school year partially attended but

13  not completed.  For purposes of this section, a school year

14  partially attended but not completed shall mean any one

15  semester whereby the student is still enrolled at the

16  conclusion of the official drop-add period, but withdraws

17  before the end of such semester. If a beneficiary does not

18  complete a community college plan or a university and college

19  plan for reasons other than specified in paragraph (c), the

20  purchaser shall receive a refund of the amount paid into the

21  fund for the remaining unattended years of the advance payment

22  contract pursuant to rules promulgated by the board.

23         (21)  ANNUAL REPORT.--The board shall annually prepare

24  or cause to be prepared a report setting forth in appropriate

25  detail an accounting of the fund and a description of the

26  financial condition of the program at the close of each fiscal

27  year. Such report shall be submitted to the President of the

28  Senate, the Speaker of the House of Representatives, and

29  members of the State Board of Education on or before March 31

30  each year. In addition, the board shall make the report

31  available to purchasers of advance payment contracts. The

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  1  board shall provide to the State Board of Education Board of

  2  Regents and the State Board of Community Colleges, by March 31

  3  each year, complete advance payment contract sales

  4  information, including projected postsecondary enrollments of

  5  qualified beneficiaries. The accounts of the fund shall be

  6  subject to annual audits by the Auditor General or his or her

  7  designee.

  8         Section 293.  Notwithstanding subsection (7) of section

  9  3 of chapter 2000-321, Laws of Florida, section 240.552,

10  Florida Statutes, shall not stand repealed January 7, 2003, as

11  scheduled by that law, but that section is reenacted to read:

12         240.552  Florida Prepaid Tuition Scholarship

13  Program.--The Florida Prepaid Tuition Scholarship Program is

14  hereby established with the intent to provide economically

15  disadvantaged youth with prepaid postsecondary tuition

16  scholarships.  The direct-support organization established

17  pursuant to s. 240.551 shall administer the program with the

18  assistance and cooperation of the Department of Education to

19  achieve the following objectives:

20         (1)  Provide an incentive for economically

21  disadvantaged youth to improve school attendance and academic

22  performance in order to graduate and pursue a postsecondary

23  education.

24         (2)  Obtain the commitment and involvement of private

25  sector entities by virtue of funding matches with a ratio of

26  50 percent provided by the private sector and 50 percent

27  provided by the state.

28         (3)  Purchase prepaid tuition scholarships for students

29  certified by the Department of Education to the direct-support

30  organization who meet minimum economic and school requirements

31  and remain drug free and crime free.

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  1         (a)  For the purpose of this subsection, "drug free"

  2  means not being convicted of, or adjudicated delinquent for,

  3  any violation of chapter 893 after being designated a

  4  recipient of a Florida prepaid tuition scholarship.

  5         (b)  For the purpose of this subsection, "crime free"

  6  means not being convicted of, or adjudicated delinquent for,

  7  any felony or first degree misdemeanor as defined in ss.

  8  775.08 and 775.081 after being designated a recipient of a

  9  Florida prepaid tuition scholarship.

10         Section 294.  Notwithstanding subsection (7) of section

11  3 of chapter 2000-321, Laws of Florida, section 240.553,

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         240.553  Florida College Savings Program.--

16         (1)  LEGISLATIVE INTENT.--The Legislature recognizes

17  that affordability and accessibility of higher education are

18  essential to the welfare and well-being of the residents of

19  the state and are a critical state interest. Promoting and

20  enhancing financial access to postsecondary institutions

21  serves a legitimate public purpose. Accordingly, as a

22  supplement and alternative to existing programs that promote

23  timely planning for postsecondary attendance, it is the intent

24  of the Legislature to allow the Florida Prepaid College Board

25  to establish a Florida College Savings Program to allow

26  persons to make contributions to a trust account that is

27  established for the purpose of meeting some or all of the

28  qualified higher education expenses of a designated

29  beneficiary, consistent with federal law authorizing such

30  programs. There is not any guarantee by the state that such

31  contributions, together with the investment return on such

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  1  contributions, if any, will be adequate to pay for qualified

  2  higher education expenses. It is the intent of the Legislature

  3  that this program enable participants in the Florida College

  4  Savings Program to save for qualified higher education

  5  expenses. It is further the intent of the Legislature that

  6  this program provide a choice to persons who determine that

  7  the overall educational needs of their families are best

  8  suited to a savings program or who wish to save to meet

  9  postsecondary educational needs beyond the traditional 4-year

10  curriculum. Finally, it is the intent of the Legislature that

11  the program be conducted as a public-private partnership to

12  maximize program efficiency and effectiveness.

13         (2)  DEFINITIONS.--As used in this section, the term:

14         (a)  "Benefactor" means any person making a deposit,

15  payment, contribution, gift, or other expenditure to the

16  trust.

17         (b)  "Board" means the Florida Prepaid College Board.

18         (c)  "Designated beneficiary" means:

19         1.  Any individual designated in the participation

20  agreement;

21         2.  Any individual defined in s. 152(a)(1)-(8) of the

22  Internal Revenue Code; or

23         3.  Any individual receiving a scholarship from

24  interests in the program purchased by a state or local

25  government or an organization described in s. 501(c)(3) of the

26  Internal Revenue Code.

27         (d)  "Eligible educational institution" means an

28  institution of higher education that qualifies under s. 529 of

29  the Internal Revenue Code as an eligible educational

30  institution.

31  

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  1         (e)  "Internal Revenue Code" means the Internal Revenue

  2  Code of 1986, as defined in s. 220.03(1).

  3         (f)  "Participation agreement" means an agreement

  4  between the board and a benefactor for participation in a

  5  savings plan for a designated beneficiary.

  6         (g)  "Program" means the Florida College Savings

  7  Program.

  8         (h)  "Qualified higher education expenses" means higher

  9  education expenses permitted under s. 529 of the Internal

10  Revenue Code and required for the enrollment or attendance of

11  a designated beneficiary at an eligible educational

12  institution, including undergraduate and graduate schools, and

13  any other higher education expenses that are permitted under

14  s. 529 of the Internal Revenue Code.

15         (3)  FLORIDA COLLEGE SAVINGS PROGRAM; CREATION.--

16         (a)  The board is authorized to create and establish

17  the Florida College Savings Program to promote and enhance the

18  affordability and accessibility of higher education in the

19  state. Such program shall enable persons to contribute funds

20  that are combined and invested to pay the subsequent qualified

21  higher education expenses of a designated beneficiary. The

22  board shall administer the program and shall perform essential

23  governmental functions, as provided in this section.

24         (b)  The amounts on deposit in the program shall remain

25  therein and shall be available solely for carrying out the

26  purposes of this section. Any contract entered into by or any

27  obligation of the board on behalf of and for the benefit of

28  the program does not constitute a debt or obligation of the

29  state but is an obligation of the program. The state has no

30  obligation to any designated beneficiary or any other person

31  as a result of the program. The obligation of the program is

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  1  limited solely to those amounts deposited in the program. All

  2  amounts obligated to be paid from the program are limited to

  3  amounts available for such obligation. The amounts on deposit

  4  in the program may only be disbursed in accordance with the

  5  provisions of this section. Each participation agreement must

  6  clearly state that the contract is only a debt or obligation

  7  of the program and is not otherwise a debt or obligation of

  8  the state.

  9         (c)  The benefactor retains ownership of all amounts on

10  deposit in his or her account with the program up to the date

11  of distribution on behalf of a designated beneficiary.

12  Earnings derived from investment of the contributions shall be

13  considered to be held in trust in the same manner as

14  contributions, except as applied for purposes of the

15  designated beneficiary and for purposes of maintaining and

16  administering the program as provided in this section. Nothing

17  in this paragraph or in any other provision of this section

18  permits any contributions or corresponding interest in the

19  program to be used as security for a loan by a benefactor or

20  designated beneficiary.

21         (d)  All amounts attributable to penalties shall be

22  used for purposes of the program, and other amounts received

23  other than contributions shall be properties of the program.

24  Proceeds from penalties shall remain with the program and may

25  be used for any costs or purposes of the program.

26         (e)  The board may not receive deposits in any form

27  other than cash. A benefactor or designated beneficiary may

28  not direct the investment of any contributions or amounts held

29  in the program other than the specific fund options provided

30  by the board, if any.

31  

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  1         (f)  Appropriations, moneys acquired from other

  2  governmental or private sources, and moneys remitted in

  3  accordance with participation agreements, shall be deposited

  4  into the Florida Prepaid College Trust Fund in accordance with

  5  s. 240.551(4).

  6         (g)  Deposits and contributions to the program, the

  7  property of the board, and the earnings on the college savings

  8  accounts are exempt from taxation.

  9         (4)  PROGRAM ADMINISTRATION.--

10         (a)  The Florida College Savings Program shall be

11  administered by the Florida Prepaid College Board as an agency

12  of the state. The Florida Prepaid College Board has all the

13  powers of a body corporate for the purposes delineated in this

14  section.

15         (b)  The assets of the program shall be continuously

16  invested and reinvested in a manner consistent with the

17  purposes of the program, expended on expenses incurred by the

18  operation and management of the program, or refunded to the

19  benefactor or designated beneficiary under the conditions

20  provided in the participation agreement. The board is not

21  required to invest directly in obligations of the state or any

22  political subdivision of the state or in any investment or

23  other fund administered by the state.

24         (5)  FLORIDA COLLEGE SAVINGS PROGRAM; BOARD

25  DUTIES.--The board shall:

26         (a)  Appoint an executive director to serve as the

27  chief administrative and operational officer of the board and

28  to perform other duties assigned to him or her by the board.

29         (b)  Receive and hold all payments, deposits, and

30  contributions intended for the program, as well as gifts;

31  bequests; endowments; federal, state, or local grants; any

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  1  other public or private source of funds; and all earnings,

  2  until disbursed to pay qualified higher education expenses or

  3  refunds as authorized in this section.

  4         (c)  Invest the contributions in a manner reasonable

  5  and appropriate to achieve the objectives of the program,

  6  exercising the discretion and care of a prudent person in

  7  similar circumstances with similar objectives. The board shall

  8  give due consideration to rate of return, risk, term of

  9  maturity, diversification of total portfolio within the

10  program, liquidity, projected disbursements and expenditures,

11  and expected payments, deposits, contributions, and gifts to

12  be received. Moneys in the program are exempt from s.

13  215.20(1), state securities law, and the investment

14  requirements of s. 18.10, but are subject to the investment

15  restrictions contained in s. 215.472.

16         (d)  Solicit proposals and contract, pursuant to s.

17  287.057, for a trustee services firm to hold and maintain

18  assets of the board in conjunction with the operations of

19  product providers contracted under this section. Such firm may

20  also provide for the short-term investment of the board's

21  assets. In selecting a trustee services firm, the board shall

22  seek to obtain the highest standards of professional trustee

23  services, to allow all qualified firms interested in providing

24  such services equal consideration, and to provide such

25  services to the state at no cost and to the participants at

26  the lowest cost possible. The trustee services firm shall

27  agree to meet the obligations of the program to designated

28  beneficiaries if money in the fund fails to offset the

29  obligations of the program as a result of imprudent selection

30  or supervision of short-term investments or in the event of

31  the loss of securities by such firm. Evaluations of proposals

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  1  submitted under this paragraph must include, but need not be

  2  limited to, the following criteria:

  3         1.  Adequacy of trustee services to hold and maintain

  4  assets of the board, including current operations and staff

  5  organization and commitment of management to the proposal.

  6         2.  Capability to execute program responsibilities

  7  within time and regulatory constraints.

  8         3.  Past experience in trustee services and current

  9  ability to maintain regular and continuous interactions with

10  the board and product provider.

11         4.  The minimum benefactor participation assumed within

12  the proposal and any additional requirements of benefactors.

13         5.  Adequacy of technical assistance and services

14  proposed for staff.

15         6.  Adequacy of a management system for evaluating and

16  improving overall trustee services to the program.

17         7.  Adequacy of facilities, equipment, and electronic

18  data processing services.

19         8.  Detailed projections of administrative costs,

20  including the amount and type of insurance coverage, and

21  detailed projections of total costs.

22         (e)  Solicit proposals and contract, pursuant to s.

23  287.057, for one or more investment consultants to advise the

24  board regarding investment management and performance. In

25  selecting investment consultants, the board shall seek to

26  obtain the highest standards of investment consulting, to

27  allow all qualified firms interested in providing such

28  services equal consideration, and to provide such services to

29  the state at no cost and to the participants at the lowest

30  cost possible. The investment consultants shall agree to meet

31  the obligations of the programs to designated beneficiaries if

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  1  money in the fund fails to offset the obligations of the

  2  program as a result of imprudent supervision of the board's

  3  investments. Evaluations of proposals submitted under this

  4  paragraph must include, but need not be limited to, the

  5  following criteria:

  6         1.  Capability to execute program responsibilities

  7  within time and regulatory constraints.

  8         2.  Past experience in investment consulting and

  9  current ability to maintain regular and continuous

10  interactions with the board and product providers.

11         3.  Adequacy of technical assistance and services

12  proposed for staff.

13         4.  Detailed projections of administrative costs.

14         (f)  Solicit proposals and contract, pursuant to s.

15  287.057, for product providers to develop investment

16  portfolios on behalf of the board to achieve the purposes of

17  this section. Product providers shall be limited to authorized

18  insurers as defined in s. 624.09, banks as defined in s.

19  658.12, associations as defined in s. 665.012, authorized

20  Securities and Exchange Commission investment advisers, and

21  investment companies as defined in the Investment Company Act

22  of 1940. All product providers must have their principal place

23  of business and corporate charter located and registered in

24  the United States. Each product provider must agree to meet

25  the obligations of the program to designated beneficiaries if

26  moneys in the fund fail to offset the obligations of the

27  program as a result of imprudent investing by such provider.

28  Each authorized insurer must evidence superior performance

29  overall on an acceptable level of surety in meeting its

30  obligations to its policyholders and other contractual

31  obligations. Only qualified public depositories approved by

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  1  the State Insurance Commissioner and Treasurer are eligible

  2  for consideration. Each investment company must provide

  3  investment plans as specified within the request for

  4  proposals. In selecting a product provider, the board shall

  5  seek to provide all participants with the most secure,

  6  well-diversified, and beneficially administered college

  7  savings plan possible, to allow all qualified firms interested

  8  in providing such services equal consideration, and to provide

  9  such services to participants at the lowest cost possible.

10  Evaluations of proposals submitted under this paragraph must

11  include, but need not be limited to, the following criteria:

12         1.  Fees and other costs charged to participants which

13  affect account values or operational costs related to the

14  program.

15         2.  Past and current investment performance, including

16  investment and interest rate history, guaranteed minimum rates

17  of interest, consistency of investment performance, and any

18  terms and conditions under which moneys are held.

19         3.  Past experience and ability to provide timely and

20  accurate service in the areas of benefit payments, investment

21  management, and complaint resolution.

22         4.  Financial history and current financial strength

23  and capital adequacy to provide products, including operating

24  procedures and other methods of protecting program assets.

25         (g)  Establish an investment plan for the purposes of

26  this section with the approval of the State Board of

27  Administration. The investment plan must specify the

28  investment policies to be used by the board in its

29  administration of the program. The board may place assets of

30  the program in savings accounts or purchase fixed or variable

31  life insurance or annuity contracts, securities, evidence of

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  1  indebtedness, or other investment products pursuant to the

  2  investment plan and in the proportions that are designated or

  3  approved under the investment plan. The insurance, annuity,

  4  savings, or investment products must be underwritten and

  5  offered in compliance with the applicable federal and state

  6  laws and rules by persons who are duly authorized by

  7  applicable federal and state authorities. Within the

  8  investment plan, the board may authorize investment vehicles,

  9  or products incident thereto, as are available or offered by

10  qualified companies or persons. A benefactor may not direct

11  the investment of his or her contribution to the program and a

12  designated beneficiary may not direct the contribution made on

13  his or her behalf to the program. Board members and employees

14  of the board are not prohibited from participating in the

15  program by virtue of their fiduciary responsibilities as

16  members of the board or official duties as employees of the

17  board.

18         (h)  Administer the program in a manner that is

19  sufficiently actuarially sound to defray the obligations of

20  the trust. The board shall annually evaluate or cause to be

21  evaluated the actuarial soundness of the trust.

22         (i)  Establish adequate safeguards to prevent

23  contributions on behalf of a designated beneficiary in excess

24  of those necessary to provide for the qualified higher

25  education expenses of the beneficiary.

26         (j)  Maintain separate accounts for each designated

27  beneficiary and establish other accounts within the program as

28  necessary to appropriately account for all funds held in the

29  program.

30         (6)  FLORIDA COLLEGE SAVINGS PROGRAM; BOARD

31  POWERS.--The board shall have the powers necessary or proper

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  1  to carry out the provisions of this section, including, but

  2  not limited to, the power to:

  3         (a)  Adopt an official seal and rules.

  4         (b)  Sue and be sued.

  5         (c)  Make and execute contracts and other necessary

  6  instruments.

  7         (d)  Establish agreements or other transactions with

  8  federal, state, and local agencies, including state

  9  universities, colleges, and community colleges.

10         (e)  Invest funds not required for immediate

11  disbursement.

12         (f)  Appear in its own behalf before boards,

13  commissions, or other governmental agencies.

14         (g)  Hold, buy, and sell any instruments, obligations,

15  securities, and property determined appropriate by the board.

16         (h)  Require a reasonable length of state residence for

17  qualified beneficiaries.

18         (i)  Segregate contributions and payments to the fund

19  into various accounts and funds.

20         (j)  Contract for necessary goods and services; employ

21  necessary personnel; and engage the services of private

22  consultants, actuaries, managers, legal counsel, and auditors

23  for administrative or technical assistance.

24         (k)  Solicit and accept gifts, grants, loans, and other

25  aids from any source or participate in any other way in any

26  government program to carry out the purposes of this section.

27         (l)  Require and collect administrative fees and

28  charges in connection with any transaction and impose

29  reasonable penalties, including default, for delinquent

30  payments or for entering into a participation agreement on a

31  fraudulent basis.

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  1         (m)  Procure insurance against any loss in connection

  2  with the property, assets, and activities of the program or

  3  the board.

  4         (n)  Impose reasonable time limits on use of the

  5  benefits provided by the program; however, any such limitation

  6  must be specified within the participation agreement.

  7         (o)  Delineate the terms and conditions under which

  8  contributions may be withdrawn from the fund and impose

  9  reasonable fees and charges for such withdrawal. Such terms

10  and conditions must be specified within the participation

11  agreement.

12         (p)  Provide for the receipt of contributions in lump

13  sums or installments.

14         (q)  Require that benefactors verify, under oath, any

15  requests for conversions, substitutions, transfers,

16  cancellations, refunds, or other changes to a participation

17  agreement. Verification must be accomplished as authorized and

18  provided for in s. 92.525(1)(a).

19         (r)  Delegate responsibility for administering the

20  investment plan required in paragraph (5)(g) to a person the

21  board determines to be qualified. Such person shall be

22  compensated by the board. Directly or through such person, the

23  board may contract with a private corporation or institution

24  to provide the services that are a part of the investment plan

25  or that are deemed necessary or proper by the board or such

26  person, including, but not limited to, providing for

27  consolidated billing; individual and collective recordkeeping

28  and accountings; and the purchase, control, and safekeeping of

29  assets.

30         (s)  Endorse insurance coverage written exclusively for

31  program participants which may be issued in the form of

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  1  policies and group disability policies a group life policy and

  2  which is exempt from part V of chapter 627.

  3         (t)  Solicit proposals and contract, pursuant to s.

  4  287.057, for the services of a records administrator. The

  5  goals of the board in selecting a records administrator shall

  6  be to provide all participants with the most secure,

  7  well-diversified, and beneficially administered postsecondary

  8  education expense plan possible, to allow all qualified firms

  9  interested in providing such services equal consideration, and

10  to provide such services to the state at no cost and to

11  participants at the lowest cost possible. Evaluations of

12  proposals submitted under this paragraph must include, but

13  need not be limited to, the following criteria:

14         1.  Fees and other costs charged to purchasers which

15  affect account values or operational costs related to the

16  program.

17         2.  Past experience in records administration and

18  current ability to provide timely and accurate service in the

19  areas of records administration, audit and reconciliation,

20  plan communication, participant service, and complaint

21  resolution.

22         3.  Sufficient staff and computer capability for the

23  scope and level of service expected by the board.

24         4.  Financial history and current financial strength

25  and capital adequacy to provide administrative services

26  required by the board.

27         (u)  Solicit proposals and contract, pursuant to s.

28  287.057, for the marketing of the Florida College Savings

29  Program. Any materials produced for the purpose of marketing

30  the program must be submitted to the board for review. Such

31  materials may not be made available to the public before the

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  1  materials are approved by the board. An educational

  2  institution may distribute marketing materials produced for

  3  the program; however, all such materials must be approved by

  4  the board prior to distribution. Neither the state nor the

  5  board is liable for misrepresentation by a marketing agent.

  6         (v)  Establish other policies, procedures, and criteria

  7  to implement and administer the provisions of this section.

  8         (w)  Form strategic alliances with public and private

  9  entities to provide benefits to the program and participants

10  of the program.

11         (7)  "QUALIFIED STATE TUITION PROGRAM"

12  STATUS.--Notwithstanding any other provision of this section,

13  the board may adopt rules necessary to enable the program to

14  obtain and retain status as a "qualified state tuition

15  program" for federal tax purposes under the Internal Revenue

16  Code of 1986, as defined in s. 220.03(1). The board shall

17  inform participants of changes to the tax or securities status

18  of participation agreements.

19         (8)  PARTICIPATION AGREEMENTS.--

20         (a)  A participation agreement may be freely amended

21  throughout its term in order to enable the benefactor to

22  increase or decrease the level of participation, change

23  designated beneficiaries, and carry out similar matters

24  permitted by this section and the Internal Revenue Code. A

25  participation agreement may provide for periodic deposits by

26  the benefactor.

27         (b)  Deposits to the program by benefactors may only be

28  in cash. Benefactors may contribute in a lump sum, in

29  installments, or through electronic funds transfer or employer

30  payroll deductions.

31  

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  1         (c)  The board may establish plans to permit

  2  benefactors to prepay the qualified higher education expenses

  3  associated with enrollment in state public and private

  4  colleges or universities and may establish a procedure to

  5  permit account contributions in excess of such projected

  6  expenses. The board shall prescribe by rule the methodology

  7  and information sources that shall be used to determine the

  8  projected costs of qualified higher education expenses for

  9  designated beneficiaries of prescribed ages. Decisions by the

10  board regarding the need for excess account contributions are

11  subject to chapter 120.

12         (d)  The board shall establish consistent provisions

13  for each participation agreement, including, but not limited

14  to:

15         1.  The name, date of birth, and social security number

16  of the designated beneficiary. For newborns, the social

17  security number must be provided within 6 months after the

18  date the participation agreement is submitted.

19         2.  The amount of the contribution or contributions and

20  number of contributions required from a benefactor on behalf

21  of a designated beneficiary.

22         3.  The terms and conditions under which benefactors

23  shall remit contributions, including, but not limited to, the

24  date or dates upon which each contribution is due.

25         4.  Provisions for late contribution charges and for

26  default.

27         5.  Provisions for penalty fees for withdrawals from

28  the program.

29         6.  The name of the person who may terminate

30  participation in the program. The participation agreement must

31  specify whether the account may be terminated by the

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  1  benefactor, the designated beneficiary, a specific designated

  2  person, or any combination of these persons.

  3         7.  The terms and conditions under which an account may

  4  be terminated, modified, or converted, the name of the person

  5  entitled to any refund due as a result of termination of the

  6  account pursuant to such terms and conditions, and the amount

  7  of refund, if any, due to the person so named.

  8         8.  Penalties for distributions not used or made in

  9  accordance with s. 529 of the Internal Revenue Code.

10         9.  Any charges or fees in connection with the

11  administration of the trust.

12         10.  Other terms and conditions deemed by the board to

13  be necessary or proper.

14         (e)  Each participation agreement must clearly state

15  that participation in the program does not guarantee that

16  sufficient funds will be available to cover all qualified

17  higher education expenses for any designated beneficiary.

18         (f)  Each participation agreement must clearly state

19  that participation in the program does not guarantee admission

20  to or continued enrollment at an eligible educational

21  institution.

22         (9)  DURATION OF PARTICIPATION AGREEMENT.--The board

23  shall specify a period of time after which each participation

24  agreement shall be considered to be terminated. Upon

25  termination of an agreement, the balance of the account, after

26  notice to the benefactor, shall be declared unclaimed and

27  abandoned property and subject to disposition as such under

28  chapter 717. Time expended by a designated beneficiary as an

29  active duty member of any of the armed services of the United

30  States shall be added to the period specified pursuant to this

31  subsection.

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  1         (10)  DISTRIBUTIONS FOR QUALIFIED HIGHER EDUCATION

  2  EXPENSES.--

  3         (a)  The board shall establish requirements and

  4  procedures for beneficiaries to realize the benefits of

  5  participation agreements. In establishing such requirements

  6  and procedures, the board shall make distributions in as

  7  efficient and expeditious manner as is prudent and possible.

  8         (b)  Each distribution of benefits from a participation

  9  agreement shall consist of a pro rata distribution of

10  contributions and investment earnings or investment losses and

11  shall be consistent with the regulations of the United States

12  Treasury Department or Internal Revenue Service.

13         (c)  All distributions made during a taxable year shall

14  be treated as one distribution.

15         (d)  Distributions from accounts that lack a valid

16  social security number are subject to penalties and

17  withholding taxes at the time of distribution.

18         (11)  REFUNDS.--

19         (a)  A benefactor may request a refund of the principal

20  amount of his or her contributions, plus actual investment

21  earnings or minus actual investment losses on the

22  contributions, less any applicable penalty, and less any

23  amounts used to provide benefits to the designated

24  beneficiary.

25         (b)  Notwithstanding paragraph (a), a penalty may not

26  be levied if a benefactor requests a refund from the program

27  due to:

28         1.  Death of the beneficiary.

29         2.  Total disability of the beneficiary.

30         3.  Scholarship, allowance, or payment received by the

31  beneficiary to the extent that the amount of the refund does

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  1  not exceed the amount of the scholarship, allowance, or

  2  payment in accordance with federal law.

  3         (c)  If a benefactor requests a refund of funds

  4  contributed to the program for any cause other than those

  5  listed in paragraph (b), there shall be imposed a penalty of

  6  10 percent of the earnings of the account and any applicable

  7  taxes, or the penalty prescribed in the Internal Revenue Code

  8  or by rule of the Internal Revenue Service. Earnings shall be

  9  calculated as the total value of the participation agreement,

10  less the aggregate contributions, or in the manner prescribed

11  in the Internal Revenue Code or by rule of the Internal

12  Revenue Service.

13         (12)  MATERIAL MISREPRESENTATION; PENALTY.--If the

14  benefactor or the designated beneficiary makes any material

15  misrepresentation in the application for a participation

16  agreement or in any communication with the board regarding the

17  program, especially regarding the withdrawal or distribution

18  of funds therefrom, the account may be involuntarily

19  liquidated by the board. If the account is so liquidated, the

20  benefactor is entitled to a refund, subject to a 10-percent

21  penalty or the amount required by the Internal Revenue Code.

22         (13)  ASSETS OF THE FUND; EXPENDITURE PRIORITY.--The

23  assets of the fund shall be maintained, invested, and expended

24  solely for the purposes of this section and may not be loaned,

25  transferred, or otherwise used by the state for any purpose

26  other than the purposes of this section. This subsection does

27  not prohibit the board from investing in, by purchase or

28  otherwise, bonds, notes, or other obligations of the state or

29  an agency or instrumentality of the state. Unless otherwise

30  specified by the board, assets of the fund shall be expended

31  in the following order of priority:

                                 603

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  1         (a)  To make payments on behalf of designated

  2  beneficiaries.

  3         (b)  To make refunds upon termination of participation

  4  in the program.

  5         (c)  To pay the costs of program administration and

  6  operations.

  7         (14)  EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys paid

  8  into or out of the program by or on behalf of a benefactor or

  9  designated beneficiary of a participation agreement whose

10  account has not been terminated, are exempt, as provided by s.

11  222.22, from all claims of creditors of the benefactor or the

12  designated beneficiary.

13         (15)  PAYROLL DEDUCTION AUTHORITY.--The state or any

14  state agency, county, municipality, or other political

15  subdivision may, by contract or collective bargaining

16  agreement, agree with any employee to remit payments toward

17  participation agreements through payroll deductions made by

18  the appropriate officer or officers of the state, state

19  agency, county, municipality, or political subdivision. Such

20  payments shall be held and administered in accordance with

21  this section.

22         (16)  DISCLAIMER.--This section or any participation

23  agreement does not constitute, and may not be deemed to

24  constitute, an agreement, pledge, promise, or guarantee of

25  admission or continued enrollment of any designated

26  beneficiary or any other person to or in any eligible

27  educational institution.

28         (17)  PROGRAM TERMINATION.--The program shall continue

29  in existence until its existence is terminated by law. Upon

30  termination of the program, all deposits shall be returned to

31  benefactors, to the extent possible, and any unclaimed assets

                                 604

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  1  in the program shall revert to the state in accordance with

  2  general law regarding unclaimed property. If the state

  3  determines that the program is financially infeasible, the

  4  state may discontinue the program.

  5         (18)  STATE PLEDGE.--The state pledges to benefactors

  6  and designated beneficiaries of the program that the state

  7  will not limit or alter the rights under this section which

  8  are vested in the program until such obligations are met and

  9  discharged. However, this subsection does not preclude such

10  limitation if adequate provision is made by law for the

11  protection of the benefactors and designated beneficiaries

12  pursuant to the obligations of the board, and, if the state or

13  the board determines that the program is not financially

14  feasible, the state or the board may discontinue the program.

15  If the program is discontinued, the board shall refund to

16  benefactors their contributions to the program, plus any

17  investment earnings or minus any investment losses. The board,

18  on behalf of the state, may include this pledge and

19  undertaking by the state in participation agreements.

20         (19)  ANNUAL REPORT.--On or before March 31 each year,

21  the board shall prepare, or cause to be prepared, a report

22  setting forth in appropriate detail an accounting of the

23  program and a description of the financial condition of the

24  program at the close of the fiscal year. The board shall

25  submit a copy of the report to the Governor, the President of

26  the Senate, the Speaker of the House of Representatives, and

27  the minority leaders of the House and Senate and shall make

28  the report available to each benefactor and designated

29  beneficiary. The accounts of the fund are subject to annual

30  audits by the Auditor General or his or her designee.

31  

                                 605

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  1         (20)  PROGRAM IMPLEMENTATION

  2  RESTRICTIONS.--Implementation of the program may not begin

  3  until the board has received the following:

  4         (a)  A written opinion from counsel specializing in

  5  federal tax matters indicating that the program constitutes a

  6  qualified state tuition program under s. 529 of the Internal

  7  Revenue Code;

  8         (b)  A written opinion from a qualified member of the

  9  United States Patent Bar indicating that the implementation of

10  the program or the operation of the program will not knowingly

11  infringe upon any patent or copyright specifically related to

12  the financing of higher education expenses;

13         (c)  A written opinion of qualified counsel

14  specializing in federal securities law that the program and

15  the offering of participation in the program does not violate

16  federal securities law; and

17         (d)  A written opinion from the board's litigation

18  counsel indicating that the implementation or operation of the

19  program will not adversely impact any pending litigation

20  against the board.

21         Section 295.  Sections 240.6045, 240.605, 240.6054, and

22  240.606, Florida Statutes, are repealed.

23         Section 296.  Notwithstanding subsection (7) of section

24  3 of chapter 2000-321, Laws of Florida, section 240.607,

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         240.607  Articulation agreements.--The community

29  college boards of trustees Division of Community Colleges may

30  develop and sign, either collectively or individually,

31  articulation agreements with any independent nonprofit college

                                 606

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  1  or university that which is accredited by the Commission on

  2  Colleges of the Southern Association of Colleges and Schools.

  3         Section 297.  Sections 240.6071, 240.6072, 240.6073,

  4  240.6074, and 240.6075, Florida Statutes, and section 240.609,

  5  as amended by section 84 of chapter 2001-266, Laws of Florida,

  6  are repealed.

  7         Section 298.  Notwithstanding subsection (7) of section

  8  3 of chapter 2000-321, Laws of Florida, section 240.61,

  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         240.61  College reach-out program.--

13         (1)  There is established a college reach-out program

14  to increase the number of low-income educationally

15  disadvantaged students in grades 6-12 who, upon high school

16  graduation, are admitted to and successfully complete

17  postsecondary education. Participants should be students who

18  otherwise would be unlikely to seek admission to a community

19  college, state college, state university, or independent

20  postsecondary institution without special support and

21  recruitment efforts. The State Board of Education shall adopt

22  rules which provide for the following:

23         (a)  Definition of "low-income educationally

24  disadvantaged student."

25         (b)  Specific criteria and guidelines for selection of

26  college reach-out participants.

27         (2)  In developing the definition for "low-income

28  educationally disadvantaged student," the State Board of

29  Education shall include such factors as: the family's taxable

30  income; family receipt of temporary cash assistance in the

31  preceding year; family receipt of public assistance in the

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  1  preceding year; the student's cumulative grade point average;

  2  the student's promotion and attendance patterns; the student's

  3  performance on state standardized tests; the student's

  4  enrollment in mathematics and science courses; and the

  5  student's participation in a dropout prevention program.

  6         (3)  To participate in the college reach-out program, a

  7  community college, a technical center, a public college or

  8  university, or an independent postsecondary institution may

  9  submit a proposal to the Department of Education. The State

10  Board of Education shall consider the proposals and determine

11  which proposals to implement as programs that will strengthen

12  the educational motivation and preparation of low-income

13  educationally disadvantaged students.

14         (4)  Community colleges, technical centers, colleges,

15  universities, and independent postsecondary institutions that

16  participate in the program must provide procedures for

17  continuous contact with students from the point at which they

18  are selected for participation until they enroll in a

19  postsecondary education institution. These procedures must

20  assist students in selecting courses required for graduation

21  from high school and admission to a postsecondary institution

22  and ensure that students continue to participate in program

23  activities. Institutions that participate must provide

24  on-campus academic and advisory activities during summer

25  vacation and provide opportunities for interacting with

26  college, community college, technical center, and university

27  students as mentors, tutors, or role models. Proposals

28  submitted by colleges or universities and consortia involving

29  colleges and universities must provide students with an

30  opportunity to live on campus.

31  

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  1         (5)  In selecting proposals for approval, the State

  2  Board of Education shall give preference to:

  3         (a)  Proposals submitted jointly by two or more

  4  eligible postsecondary institutions;

  5         (b)  A program that will use institutional, federal, or

  6  private resources to supplement state appropriations;

  7         (c)  An applicant that has demonstrated success in

  8  conducting similar programs;

  9         (d)  A program that includes innovative approaches,

10  provides a great variety of activities, and includes a large

11  percentage of low-income educationally disadvantaged minority

12  students in the college reach-out program;

13         (e)  An applicant that demonstrates commitment to the

14  program by proposing to match the grant funds at least

15  one-to-one in cash or services, with cash being the preferred

16  match; and

17         (f)  An applicant that demonstrates an interest in

18  cultural diversity and that addresses the unmet regional needs

19  of varying communities.; and

20         (g)  A program that identifies participants for the

21  college reach-out program from among students who are not

22  already enrolled in similar programs that assist low-income

23  educationally disadvantaged students.

24         (6)  A participating college, community college,

25  technical center, or university is encouraged to use its

26  resources to meet program objectives. A participating

27  community college, technical center, college, university, or

28  independent postsecondary institution must establish an

29  advisory committee composed of high school and junior high

30  school personnel, as well as community leaders, to provide

31  advice and assistance in implementing its program.

                                 609

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  1         (7)  A proposal must contain the following information:

  2         (a)  A statement of purpose which includes a

  3  description of the need for, and the results expected from,

  4  the proposed program;

  5         (b)  An identification of the service area which names

  6  the schools to be served, provides community and school

  7  demographics, and sets forth the postsecondary enrollment

  8  rates of high school graduates within the area;

  9         (c)  An identification of existing programs for

10  enhancing the academic performance of minority and low-income

11  educationally disadvantaged students for enrollment in

12  postsecondary education;

13         (d)  A description of the proposed program which

14  describes criteria to be used to identify schools for

15  participation in the program. At least 60 percent of the

16  students recruited in any one year must be in grades 6-9;

17         (e)  A description of the program activities which must

18  support the following goals:

19         1.  Motivate students to pursue a postsecondary

20  education;

21         2.  Enhance Develop students' basic learning skills and

22  performance;

23         3.  Strengthen students' and parents' understanding of

24  the benefits of postsecondary education;

25         4.  Foster academic, personal, and career development

26  through supplemental instruction; and

27         (f)  An evaluation component that provides for the

28  collection, maintenance, retrieval, and analysis of the data

29  required by this paragraph. The data must be used to assess

30  the extent to which programs have accomplished specific

31  objectives and achieved the goals of the college reach-out

                                 610

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  1  program. The Postsecondary Education Planning Commission, in

  2  consultation with the Department of Education, shall develop

  3  specifications and procedures for the collection and

  4  transmission of the data. The annual project evaluation

  5  component must contain:

  6         1.  The student identification number and social

  7  security number, if available; the name of the public school

  8  attended; gender; ethnicity; grade level; and grade point

  9  average of each participant at the time of entry into the

10  program;

11         2.  The grade point average, grade, and promotion

12  status of each of the participants in the program at the end

13  of the academic year and any suspension or expulsion of a

14  participant, if applicable;

15         3.  The number and percentage of high school

16  participants who satisfactorily complete 2 sequential years of

17  a foreign language and Level 2 and 3 mathematics and science

18  courses;

19         4.  The number and percentage of participants eligible

20  for high school graduation who receive a standard high school

21  diploma or a high school equivalency diploma, pursuant to s.

22  229.814;

23         5.  The number and percentage of 12th grade

24  participants who are accepted for enrollment and who enroll in

25  a postsecondary institution;

26         6.  The number of participants who receive

27  scholarships, grant aid, and work-study awards;

28         7.  The number and percentage of participants who

29  enroll in a public postsecondary institution and who fail to

30  achieve a passing score, as defined in State Board of

31  

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  1  Education rule, on college placement tests pursuant to s.

  2  240.117;

  3         8.  The number and percentage of participants who

  4  enroll in a postsecondary institution and have a minimum

  5  cumulative 2.0 grade point average on a 4.0 scale by the end

  6  of the second semester; and

  7         9.  The number of disabled students participating in

  8  the project and the nature of their disabilities.

  9         (8)  Proposals must be funded competitively in

10  accordance with the following methodology:

11         (a)  Eighty percent of The appropriations must be

12  distributed to projects on the basis of minimum standards that

13  include:

14         1.  A summer residency program of at least 1 week in

15  duration; and

16         2.  A minimum number of hours of academic instructional

17  and developmental activities, career counseling, and personal

18  counseling.

19         (b)  Subject to legislative appropriations,

20  continuation projects that satisfy the minimum requirements

21  should have their funds increased each year by the same

22  percentage as the rate of inflation. Projects funded for 3

23  consecutive years should have a cumulative institutional cash

24  match of not less than 50 percent of the total cost of the

25  project over the 3-year period. Any college reach-out program

26  project operating for 3 years which does not provide the

27  minimum 50-percent institutional cash match must not be

28  considered for continued funding.

29         (c)  The remaining 20 percent of the appropriations

30  should be distributed to projects for their initiatives and

31  performances. Projects that exceed the minimum standards

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  1  should be awarded financial incentives when they demonstrate

  2  one or a combination of the following:

  3         1.  Improvement in the success rate in preventing

  4  dropouts from the college reach-out program project;

  5         2.  An increase in the number of participants who are

  6  admitted to colleges and universities;

  7         3.  At least 50 percent of the parents participate in

  8  project activities;

  9         4.  Provision of innovative services;

10         5.  Provision of summer residency for more than 1 week;

11  and

12         6.  Provision of transportation for students and

13  parents.

14         (9)  An advisory council shall review the proposals and

15  recommend to the State Board of Education an order of priority

16  for funding the proposals. The advisory council shall consist

17  of 12 10 members appointed by the Commissioner of Education,

18  except as provided in this subsection:

19         (a)  The two equal opportunity coordinators selected

20  from state postsecondary institutions for the Community

21  College System and the State University System;

22         (b)  Two representatives of private or community-based

23  associations that have similar programs, appointed by the

24  President of the Senate and the Speaker of the House of

25  Representatives, respectively;

26         (c)  One representative from a state college or

27  university of the State University System, appointed by the

28  Chair of the Board of Regents;

29         (d)  One representative from a community college of the

30  Community College System, appointed by the Chair of the State

31  Board of Community Colleges;

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  1         (e)  One representative of the Independent Colleges and

  2  Universities of Florida, appointed by the President of the

  3  Independent Colleges and Universities of Florida;

  4         (f)  One representative of a public school district,

  5  appointed by the Commissioner of Education;

  6         (g)  One representative of the Council for Education

  7  Policy Research and Improvement Postsecondary Education

  8  Planning Commission, appointed by the chair of the council

  9  commission; and

10         (h)  One layperson, appointed by the Governor;.

11         (i)  One equal opportunity coordinator from an

12  independent college or university appointed by the President

13  of the Independent Colleges and Universities of Florida; and

14         (j)  One representative from a technical center.

15         (10)  Except for the equal opportunity coordinators for

16  the community college and state university systems, who shall

17  continue to serve on the council, the terms of all initial

18  committee members holding office on September 1, 1994, expire

19  on that date. Of those persons who are appointed to the

20  council after that date: three members shall be appointed for

21  2-year terms; three members shall be appointed for 3-year

22  terms; and two members shall be appointed for 4-year terms.

23  Thereafter,

24  

25  Each member shall be appointed for a 4-year term of office

26  and. members may be reappointed to the council. A vacancy must

27  be filled with a person of the same status as the original

28  appointee and must be filled for the remainder of the term.

29  Members are entitled to per diem and travel expenses as

30  provided in s. 112.061 while performing council duties.

31  

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  1         (10)(11)  On or before February 15 of each year, each

  2  participating institution shall submit to the Department of

  3  Education Postsecondary Education Planning Commission an

  4  interim report containing program expenditures and participant

  5  information as required in State Board of Education rules.

  6         (11)(12)  On or before November 1 October 15 of each

  7  year, universities, colleges, independent postsecondary

  8  institutions, and community colleges participating in the

  9  program shall submit to the Department of Education

10  Postsecondary Education Planning Commission an end-of-the-year

11  report on the effectiveness of their participation in the

12  program. The end-of-the-year report must include, without

13  limitation:

14         (a)  A copy of the certificate-of-expenditures form

15  showing expenditures by category; state grant funds; and

16  institutional matching, in cash and in-kind services;

17         (b)  A listing of students participating in the program

18  by grade level, sex, and race;

19         (c)  A statement of how the program addresses the four

20  program goals identified in paragraph (7)(e);

21         (d)  A brief description and analysis of program

22  characteristics and activities critical to program success;

23         (e)  A description of the cooperation received from

24  other units or organizations; and

25         (f)  An explanation of the program's outcomes,

26  including data related to student performance on the measures

27  provided for in paragraph (7)(f).

28         (12)(13)  By February 15 of each year, the Department

29  of Education Postsecondary Education Planning Commission shall

30  submit to the President of the Senate, the Speaker of the

31  House of Representatives, the Commissioner of Education, and

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  1  the Governor a report that evaluates the effectiveness of the

  2  college reach-out program. The report must be based upon

  3  information provided by participating institutions, the

  4  Division of Colleges and Universities and the Division of

  5  Community Colleges, and the Division of Workforce Development

  6  pursuant to subsections (7) and (11) (12). To the extent

  7  feasible, the performance of college reach-out program

  8  participants must be compared to the performance of comparable

  9  cohorts of students in public school and postsecondary

10  education.

11         (14)  Funding for the college reach-out program shall

12  be provided in the General Appropriations Act. From these

13  funds, an annual allocation shall be provided to the

14  Postsecondary Education Planning Commission to conduct the

15  annual program evaluation required by subsection (13).

16         Section 299.  Notwithstanding subsection (7) of section

17  3 of chapter 2000-321, Laws of Florida, section 240.631,

18  Florida Statutes, shall not stand repealed January 7, 2003, as

19  scheduled by that law, but that section is reenacted to read:

20         240.631  Florida Martin Luther King, Jr., Institute for

21  Nonviolence; definitions.--As used in this act:

22         (1)  "Board" means the advisory board of the institute.

23         (2)  "Institute" means the Florida Martin Luther King,

24  Jr., Institute for Nonviolence.

25         Section 300.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.632,

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         240.632  Creation of institute.--

31  

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  1         (1)  There is hereby created the Florida Martin Luther

  2  King, Jr., Institute for Nonviolence to be established at

  3  Miami-Dade Community College by the State Board of Education

  4  Florida Community College System in conjunction with the State

  5  University System.  The institute shall have an advisory board

  6  consisting of 13 members as follows: the Attorney General, the

  7  director of the Division of Colleges and Universities

  8  Chancellor of the State University System, the Commissioner of

  9  Education, and 10 members to be appointed by the Governor,

10  such members to represent the population of the state based on

11  its ethnic, gender, and socioeconomic diversity.  Of the

12  members appointed by the Governor, one shall be a member of

13  the Senate appointed by the Governor on the recommendation of

14  the President of the Senate; one shall be a member of the

15  Senate appointed by the Governor on the recommendation of the

16  minority leader; one shall be a member of the House of

17  Representatives appointed by the Governor on the

18  recommendation of the Speaker of the House of Representatives;

19  one shall be a member of the House of Representatives

20  appointed by the Governor on the recommendation of the

21  minority leader; and six shall be members appointed by the

22  Governor, no more than three of whom shall be members of the

23  same political party.  The following groups shall be

24  represented by the six members:  the Florida Sheriffs

25  Association; the Florida Association of Counties; the Florida

26  League of Cities; human services agencies; community relations

27  or human relations councils; and youth.  A chairperson shall

28  be elected by the members and shall serve for a term of 3

29  years.  Members of the board shall serve the following terms

30  of office which shall be staggered:

31  

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  1         (a)  A member of the Legislature appointed to the board

  2  shall serve for a single term not to exceed 5 years and shall

  3  serve as a member only while he or she is a member of the

  4  Legislature.

  5         (b)  Of the six members who are not members of the

  6  Legislature, three shall serve for terms of 4 years, two shall

  7  serve for terms of 3 years, and one shall serve for a term of

  8  1 year.  Thereafter, each member, except for a member

  9  appointed to fill an unexpired term, shall serve for a 5-year

10  term.  No member shall serve on the board for more than 10

11  years.

12  

13  In the event of a vacancy occurring in the office of a member

14  of the board by death, resignation, or otherwise, the Governor

15  shall appoint a successor to serve for the balance of the

16  unexpired term.

17         (2)(a)  The board shall provide for the holding of

18  regular and special meetings.  A majority of the members shall

19  constitute a quorum for the transaction of any business, and

20  the acts of a majority of the members present at a meeting at

21  which a quorum is present shall be deemed to be the acts of

22  the board.

23         (b)  An executive director shall be appointed by the

24  board and shall be the chief administrative and operational

25  officer of the board.  The executive director shall direct and

26  supervise administrative affairs and the general management of

27  the board. The executive director may contract with or employ

28  legal and technical experts and such other employees,

29  permanent and temporary, as shall be authorized by the board.

30  

31  

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  1         (c)  Members of the board shall serve without

  2  compensation, but shall be reimbursed for per diem and travel

  3  expenses in accordance with s. 112.061.

  4         Section 301.  Notwithstanding subsection (7) of section

  5  3 of chapter 2000-321, Laws of Florida, section 240.633,

  6  Florida Statutes, shall not stand repealed January 7, 2003, as

  7  scheduled by that law, but that section is reenacted to read:

  8         240.633  Powers and duties.--The institute shall have

  9  the following powers and duties:

10         (1)  To conduct training, provide symposia, and develop

11  continuing education and programs to promote skills in

12  nonviolent conflict resolution for persons in government,

13  private enterprise, community groups, and voluntary

14  associations.

15         (2)  To enter into formal and informal relationships

16  with other public or private institutions for purposes of

17  fulfilling the goals of the institute and to ensure geographic

18  dispersion of services to all regions of the state.

19         (3)  To establish a clearinghouse to provide materials,

20  including publications, handbooks, training manuals, and

21  audiovisual materials, on the programs, studies, research,

22  training, and educational opportunities of the institute.

23         (4)  To adopt, amend, and alter bylaws not inconsistent

24  with the laws of the state.

25         (5)  To charge and collect subscription and other

26  participation costs and fees for its services, including

27  publications and courses of study.

28         (6)  To receive and accept from any federal, state, or

29  local agency grants, or advances for, or in aid of, the

30  purposes of this act and to receive and accept contributions

31  from any source of either money, property, labor, or other

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  1  things of value, to be held, used, and applied for said

  2  purposes.

  3         (7)  To do any and all lawful acts and things necessary

  4  or desirable to carry out the objectives and purposes of this

  5  act.

  6         Section 302.  Notwithstanding subsection (7) of section

  7  3 of chapter 2000-321, Laws of Florida, section 240.634,

  8  Florida Statutes, shall not stand repealed January 7, 2003, as

  9  scheduled by that law, but that section is reenacted to read:

10         240.634  Fellowships.--The institute may establish

11  fellowships through the awarding of financial assistance to

12  individuals and organizations to enable them to pursue

13  scholarly inquiry and study other appropriate forms of

14  strategies for peace and nonviolent conflict resolution.

15         Section 303.  Notwithstanding subsection (7) of section

16  3 of chapter 2000-321, Laws of Florida, section 240.636,

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         240.636  Research of Rosewood incident.--The state

21  colleges and universities University System shall continue the

22  research of the Rosewood incident and the history of race

23  relations in Florida and develop materials for the educational

24  instruction of these events.

25         Section 304.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 240.70,

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         240.70  Substance abuse training programs.--

31  

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  1         (1)  Each state university, college, and community

  2  college may develop courses designed for public school

  3  teachers, counselors, physicians, law enforcement personnel,

  4  and other professionals to assist them in recognizing symptoms

  5  of substance abuse impairment and identifying appropriate

  6  service providers for referral and treatment.

  7         (2)  Such courses may be made available to students who

  8  are currently enrolled and for continuing education units.

  9         Section 305.  Notwithstanding subsection (7) of section

10  3 of chapter 2000-321, Laws of Florida, section 240.701,

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         240.701  Incentives for urban or socially and

15  economically disadvantaged area internships.--The Legislature

16  establishes incentives for urban or socially and economically

17  disadvantaged area internships to give university and college

18  students the opportunity to study the social, economic,

19  educational, and political life of inner cities in

20  metropolitan or socially and economically disadvantaged areas

21  of the state. The incentives are for internships that are open

22  to students in all disciplines, including business, education,

23  physical science, social science, the liberal arts, and the

24  fine arts. Incentives may be given to any state university or

25  college. Incentives must be for one semester's duration, or

26  more, in which an intern may earn up to 12 hours of credit for

27  the internship. Student interns must work in teams to address

28  a specific urban or socially and economically disadvantaged

29  area social problem or carry out an urban or socially and

30  economically disadvantaged area social program. The results of

31  each team's work must be published in a report and distributed

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  1  to the colleges of education of the state universities and

  2  colleges in the State University System.

  3         Section 306.  Notwithstanding subsection (7) of section

  4  3 of chapter 2000-321, Laws of Florida, section 240.702,

  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         240.702  Florida Conflict Resolution Consortium.--It is

  9  the intent of the Legislature to reduce the public and private

10  costs of litigation; resolve public disputes, including those

11  related to growth management issues, more quickly and

12  effectively; and improve intergovernmental communications,

13  cooperation, and consensus-building. The Legislature hereby

14  formally establishes the Florida Conflict Resolution

15  Consortium as a statewide center based within the State

16  University System at Florida State University, or at another

17  campus as may be designated by the Commissioner of Education

18  Chancellor.  The purpose of the consortium is to serve as a

19  neutral resource to assist citizens and public and private

20  interests in Florida to seek cost-effective solutions to

21  public disputes and problems through the use of alternative

22  dispute resolution and consensus-building.

23         Section 307.  Notwithstanding subsection (7) of section

24  3 of chapter 2000-321, Laws of Florida, section 240.705,

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         240.705  Partnerships to develop child protection

29  workers.--The Department of Children and Family Services is

30  directed to form partnerships with the schools of social work

31  of the universities and colleges of the state in order to

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  1  encourage the development of graduates trained to work in

  2  child protection. The department shall give hiring preferences

  3  for child protection jobs to graduates who have earned

  4  bachelor's and master's degrees from these programs with a

  5  concentration in child protection. The partnership between the

  6  department and the schools of social work shall include, but

  7  not be limited to, modifying existing graduate and

  8  undergraduate social work curricula, providing field

  9  placements for students into child protection internships in

10  the department, and collaborating in the design and delivery

11  of advanced levels of social work practice.

12         Section 308.  Notwithstanding subsection (7) of section

13  3 of chapter 2000-321, Laws of Florida, section 240.706,

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         240.706  Leadership Board for Applied Research and

18  Public Service.--

19         (1)  There is created the Leadership Board for Applied

20  Research and Public Service to be staffed by the Institute of

21  Science and Public Affairs at Florida State University. The

22  purpose of the board is to focus, coordinate, and maximize

23  university resources on current issues and events affecting

24  Florida's residents and elected officials. Emphasis shall be

25  placed on being responsive to and providing accurate, timely,

26  useful, and relevant information to decisionmakers in state

27  and local governments. The board shall set forth a process to

28  provide comprehensive guidance and advice for improving the

29  types and quality of services to be delivered by state

30  universities and colleges the State University System.

31  Specifically, the board shall better identify and define the

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  1  missions and roles of existing institutes and centers within

  2  the state universities and colleges University System, work to

  3  eliminate duplication and confusion over conflicting roles and

  4  missions, involve more students in learning with applied

  5  research and public service activities, and be

  6  organizationally separate from academic departments. The board

  7  shall meet at least quarterly. The board may create internal

  8  management councils that may include working institute and

  9  center directors. The board is responsible for, but is not

10  limited to:

11         (a)  Providing strategic direction, planning, and

12  accompanying decisions that support a coordinated applied

13  public service and research approach in the state.

14         (b)  Addressing state university and college University

15  System policy matters and making recommendations to the

16  Division of Colleges and Universities Board of Regents as they

17  relate to applied public service and research.

18         (c)  Serving as a clearinghouse for services requested

19  by public officials.

20         (d)  Providing support for funding and fiscal

21  initiatives involving applied public service and research.

22         (2)  Membership of the board shall be:

23         (a)  The director of the Division of Colleges and

24  Universities Chancellor of the Board of Regents, who shall

25  serve as chair.

26         (b)  The director of the Office of Planning and

27  Budgeting of the Executive Office of the Governor.

28         (c)  The secretary of the Department of Management

29  Services.

30         (d)  The director of Economic and Demographic Research.

31  

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  1         (e)  The director of the Office of Program Policy

  2  Analysis and Government Accountability.

  3         (f)  The President of the Florida League of Cities.

  4         (g)  The President for the Florida Association of

  5  Counties.

  6         (h)  The President of the Florida School Board

  7  Association.

  8         (i)  Five additional university president members,

  9  designated by the Commissioner of Education Chancellor, to

10  rotate annually.

11         (3)  The board shall prepare a report for the State

12  Board of Education Board of Regents to be submitted to the

13  Governor and the Legislature by January 1 of each year which

14  summarizes the work and recommendations of the board in

15  meeting its purpose and mission.

16         Section 309.  Notwithstanding subsection (7) of section

17  3 of chapter 2000-321, Laws of Florida, section 240.709,

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         240.709  Institute on Urban Policy and Commerce.--

22         (1)  There is created the Institute on Urban Policy and

23  Commerce as a Type I Institute under the Board of Regents at

24  Florida Agricultural and Mechanical University to improve the

25  quality of life in urban communities through research,

26  teaching, and outreach activities.

27         (2)  The major purposes of the institute are to pursue

28  basic and applied research on urban policy issues confronting

29  the inner-city areas and neighborhoods in the state; to

30  influence the equitable allocation and stewardship of federal,

31  state, and local financial resources; to train a new

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  1  generation of civic leaders and university and college

  2  students interested in approaches to community planning and

  3  design; to assist with the planning, development, and capacity

  4  building of urban area nonprofit organizations and government

  5  agencies; to develop and maintain a database relating to

  6  inner-city areas; and to support the community development

  7  efforts of inner-city areas, neighborhood-based organizations,

  8  and municipal agencies.

  9         (3)  The institute shall research and recommend

10  strategies concerning critical issues facing the underserved

11  population in urban communities, including, but not limited

12  to, transportation and physical infrastructure; affordable

13  housing; tourism and commerce; environmental restoration; job

14  development and retention; child care; public health; lifelong

15  learning; family intervention; public safety; and community

16  relations.

17         (4)  The institute may establish regional urban centers

18  to be located in the inner cities of St. Petersburg, Tampa,

19  Jacksonville, Orlando, West Palm Beach, Fort Lauderdale,

20  Miami, Daytona Beach, and Pensacola to assist urban

21  communities on critical economic, social, and educational

22  problems affecting the underserved population.

23         (5)  Before January 1 of each year, the institute shall

24  submit a report of its critical findings and recommendations

25  for the prior year to the President of the Senate, the Speaker

26  of the House of Representatives, and the appropriate

27  committees of the Legislature. The report shall be titled "The

28  State of Unmet Needs in Florida's Urban Communities" and shall

29  include, but is not limited to, a recommended list of

30  resources that could be made available for revitalizing urban

31  communities; significant accomplishments and activities of the

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  1  institute; and recommendations concerning the expansion,

  2  improvement, or termination of the institute.

  3         (6)  The Governor shall submit an annual report to the

  4  Legislature on the unmet needs in the state's urban

  5  communities.

  6         Section 310.  Section 240.710, Florida Statutes, is

  7  amended to read:

  8         240.710  Digital Media Education Coordination Group.--

  9         (1)  The State Board of Education Board of Regents

10  shall create a Digital Media Education Coordination Group

11  composed of representatives of the state universities which

12  within the State University System that shall work in

13  conjunction with the Department of Education, the state

14  colleges, Board of community colleges, and the Articulation

15  Coordinating Committee on the development of a plan to enhance

16  Florida's ability to meet the current and future workforce

17  needs of the digital media industry. The following purposes of

18  the group shall be included in its plan development process:

19         (a)  Coordination of the use of existing academic

20  programs and research and faculty resources to promote the

21  development of a digital media industry in this state.

22         (b)  Address strategies to improve opportunities for

23  interdisciplinary study and research within the emerging field

24  of digital media through the development of tracts in existing

25  degree programs, new interdisciplinary degree programs, and

26  interdisciplinary research centers.

27         (c)  Address the sharing of resources among

28  universities and colleges in such a way as to allow a student

29  to take courses from multiple departments or multiple

30  educational institutions in pursuit of competency,

31  

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  1  certification, and degrees in digital information and media

  2  technology.

  3         (2)  Where practical, private accredited institutions

  4  of higher learning in this state should be encouraged to

  5  participate.

  6         (3)  In addition to the elements of the plan governed

  7  by the purposes described in subsection (1), the plan shall

  8  include, to the maximum extent practical, the coordination of

  9  educational resources to be provided by distance learning and

10  shall facilitate to the maximum extent possible articulation

11  and transfer of credits between community colleges, colleges,

12  and the state universities. The plan shall address student

13  enrollment in affected programs with emphasis on enrollment

14  beginning as early as fall term, 2001.

15         (4)  The Digital Media Education Coordination Group

16  shall submit its plan to the President of the Senate and the

17  Speaker of the House of Representatives no later than January

18  1, 2001.

19         Section 311.  Subsection (5) of section 240.7101,

20  Florida Statutes, is amended to read:

21         240.7101  College of law at Florida International

22  University.--

23         (5)  The State Board of Education Board of Regents

24  shall commence the planning of a college of law at Florida

25  International University. In planning the college of law, the

26  Board of Regents and the State Board of Education may accept

27  grants, donations, gifts, and moneys available for this

28  purpose, including moneys for planning and constructing the

29  college. The State Board of Education Board of Regents may

30  procure and accept any federal funds that are available for

31  the planning, creation, and establishment of the college of

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  1  law. Classes must commence by the fall semester 2003. If the

  2  American Bar Association or any other nationally recognized

  3  association for the accreditation of colleges of law issues a

  4  third disapproval of an application for provisional approval

  5  or for full approval or fails to grant, within 5 years

  6  following the graduation of the first class, a provisional

  7  approval, to the college of law at Florida International

  8  University, the State Board of Education Board of Regents

  9  shall make recommendations to the Governor and the Legislature

10  as to whether the college of law will cease operations at the

11  end of the full academic year subsequent to the receipt by the

12  college of law of any such third disapproval, or whether the

13  college of law will continue operations and any conditions for

14  continued operations. If the college of law ceases operations

15  pursuant to this section, the following conditions apply:

16         (a)  The authority for the college of law at Florida

17  International University and the authority of the Board of

18  Regents and the State Board of Education provided in this

19  section shall terminate upon the cessation of operations of

20  the college of law at Florida International University. The

21  college of law at Florida International University shall

22  receive no moneys allocated for the planning, construction, or

23  operation of the college of law after its cessation of

24  operations other than moneys to be expended for the cessation

25  of operations of the college of law. Any moneys allocated to

26  the college of law at Florida International University not

27  expended prior to or scheduled to be expended after the date

28  of the cessation of the college of law shall be appropriated

29  for other use by the Legislature of the State of Florida.

30         (b)  Any buildings of the college of law at Florida

31  International University constructed from the expenditure of

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  1  capital outlay funds appropriated by the Legislature shall be

  2  owned and managed by the Board of Trustees of Florida

  3  International University Regents upon the cessation of the

  4  college of law.

  5  

  6  Nothing in this section shall undermine commitments to current

  7  students receiving support as of the date of the enactment of

  8  this section from the law school scholarship program of the

  9  Florida Education Fund as provided in s. 240.498(8). Students

10  attending the college of law at Florida International

11  University shall be eligible for financial, academic, or other

12  support from the Florida Education Fund as provided in s.

13  240.498(8) without the college's obtaining accreditation by

14  the American Bar Association.

15         Section 312.  Subsection (5) of section 240.7105,

16  Florida Statutes, is amended to read:

17         240.7105  College of law at Florida Agricultural and

18  Mechanical University.--

19         (5)  The State Board of Education Board of Regents

20  shall commence the planning of a college of law under the

21  auspices of Florida Agricultural and Mechanical University to

22  be located in the I-4 corridor area. In planning the college

23  of law, the Board of Regents and the State Board of Education

24  may accept grants, donations, gifts, and moneys available for

25  this purpose, including moneys for planning and constructing

26  the college. The State Board of Education Board of Regents may

27  procure and accept any federal funds that are available for

28  the planning, creation, and establishment of the college of

29  law. Classes must commence by the fall semester 2003. If the

30  American Bar Association or any other nationally recognized

31  association for the accreditation of colleges of law issues a

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  1  third disapproval of an application for provisional approval

  2  or for full approval or fails to grant, within 5 years

  3  following the graduation of the first class, a provisional

  4  approval, to the college of law at Florida Agricultural and

  5  Mechanical University, the State Board of Education Board of

  6  Regents shall make recommendations to the Governor and

  7  Legislature as to whether the college of law will cease

  8  operations at the end of the full academic year subsequent to

  9  the receipt by the college of law of any such third

10  disapproval, or whether the college of law will continue

11  operations and any conditions for continued operations. If the

12  college of law ceases operations of the college of law

13  pursuant to this section, the following conditions apply:

14         (a)  The authority for the college of law at Florida

15  Agricultural and Mechanical University and the authority of

16  the Board of Regents and the State Board of Education provided

17  in this section shall terminate upon the cessation of

18  operations of the college of law at Florida Agricultural and

19  Mechanical University. The college of law at Florida

20  Agricultural and Mechanical University shall receive no moneys

21  allocated for the planning, construction, or operation of the

22  college of law after its cessation of operations other than

23  moneys to be expended for the cessation of operations of the

24  college of law. Any moneys allocated to the college of law at

25  Florida Agricultural and Mechanical University not expended

26  prior to or scheduled to be expended after the date of the

27  cessation of the college of law shall be appropriated for

28  other use by the Legislature of the State of Florida.

29         (b)  Any buildings of the college of law at Florida

30  Agricultural and Mechanical University constructed from the

31  expenditure of capital outlay funds appropriated by the

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  1  Legislature shall be owned and managed by the Board of

  2  Trustees of Florida Agricultural and Mechanical University

  3  Regents upon the cessation of the college of law.

  4  

  5  Nothing in this section shall undermine commitments to current

  6  students receiving support as of the date of the enactment of

  7  this section from the law school scholarship program of the

  8  Florida Education Fund as provided in s. 240.498(8). Students

  9  attending the college of law at Florida Agricultural and

10  Mechanical University shall be eligible for financial,

11  academic, or other support from the Florida Education Fund as

12  provided in s. 240.498(8) without the college's obtaining

13  accreditation by the American Bar Association.

14         Section 313.  Paragraph (h) of subsection (2) of

15  section 240.711, Florida Statutes, is amended to read:

16         240.711  Ringling Center for Cultural Arts.--

17         (2)

18         (h)  The John and Mable Ringling Museum of Art

19  direct-support organization shall provide for an annual

20  financial audit in accordance with s. 240.299(5) s.

21  240.299(4). Florida State University is authorized to require

22  and receive from the direct-support organization, or from its

23  independent auditor, any detail or supplemental data relative

24  to the operation of such organization. Information that, if

25  released, would identify donors who desire to remain

26  anonymous, is confidential and exempt from the provisions of

27  s. 119.07(1). Information that, if released, would identify

28  prospective donors is confidential and exempt from the

29  provisions of s. 119.07(1) when the direct-support

30  organization has identified the prospective donor itself and

31  has not obtained the name of the prospective donor by copying,

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  1  purchasing, or borrowing names from another organization or

  2  source. Identities of such donors and prospective donors shall

  3  not be revealed in the auditor's report.

  4         Section 314.  Subsection (1) of section 242.3305,

  5  Florida Statutes, is amended to read:

  6         242.3305  Florida School for the Deaf and the Blind;

  7  responsibilities and mission.--

  8         (1)  The Florida School for the Deaf and the Blind is a

  9  state-supported residential school for hearing-impaired and

10  visually impaired students in preschool through 12th grade.

11  The school is a part of the state system of public education

12  and shall be funded through the Division of Public Schools and

13  Community Education of the Department of Education. The school

14  shall provide educational programs and support services

15  appropriate to meet the education and related evaluation and

16  counseling needs of hearing-impaired and visually impaired

17  students in the state who meet enrollment criteria. Education

18  services may be provided on an outreach basis for

19  sensory-impaired children ages 0 through 5 years and their

20  parents. Graduates of the Florida School for the Deaf and the

21  Blind shall be eligible for the William L. Boyd, IV, Florida

22  Resident Access Grant Program as provided in s. 240.499 s.

23  240.605.

24         Section 315.  Subsections (1), (2), and (3) of section

25  243.01, Florida Statutes, are amended to read:

26         243.01  Definitions.--The following terms, wherever

27  used or referred to in this part, shall have the following

28  meanings unless a different meaning clearly appears in the

29  context:

30  

31  

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  1         (1)  The term "institution" shall mean the state

  2  universities and colleges any institution under the

  3  jurisdiction of the Board of Regents.

  4         (2)  The term "board" shall mean the State Board of

  5  Education Board of Regents.

  6         (3)  The term "revenue certificate" shall mean bonds,

  7  revenue bonds, or other forms of indebtedness, or certificates

  8  with respect to the repayment of any loans, issued on behalf

  9  of the State Board of Education Board of Regents pursuant to

10  this part.

11         Section 316.  Subsection (1) of section 243.105,

12  Florida Statutes, is amended to read:

13         243.105  Tax exemption and eligibility as legal

14  investments.--

15         (1)  The exercise of the powers granted by this part in

16  all respects constitutes the performance of essential public

17  functions for the benefit of the people of the state. All

18  properties, revenues, or other assets of the State Board of

19  Education Board of Regents for which revenue certificates are

20  issued under this part, and all revenue certificates issued

21  hereunder and the interest thereon, shall be exempt from all

22  taxation by any agency or instrumentality of a county,

23  municipality, or the state. The exemption granted by this

24  section is not applicable to any tax imposed by chapter 220 on

25  interest, income, or profits on debt obligations owned by

26  corporations.

27         Section 317.  Section 243.141, Florida Statutes, is

28  amended to read:

29         243.141  Board of Administration to act as fiscal

30  agent.--Prior to the issuance of any revenue certificates, the

31  State Board of Education Board of Regents may request the

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  1  State Board of Administration to advise the State Board of

  2  Education Board of Regents as to the fiscal sufficiency of the

  3  proposed issue. Upon sale and delivery of any revenue

  4  certificates and disbursement of the proceeds thereof pursuant

  5  to this part, the State Board of Administration may upon

  6  request of the State Board of Education Board of Regents take

  7  over the management, control, administration, custody, and

  8  payment of any or all debt services or funds or assets now or

  9  hereafter available for any revenue certificates issued

10  pursuant to this part. The State Board of Administration shall

11  upon request of the State Board of Education Board of Regents

12  invest all funds, including reserve funds, available for any

13  revenue certificates issued pursuant to this part in the

14  manner provided in s. 215.47. The State Board of Education

15  Board of Regents may from time to time provide by its duly

16  adopted resolution the duties the State Board of

17  Administration shall perform, and such duties may be changed,

18  modified, or repealed by subsequent resolution as the State

19  Board of Education Board of Regents may deem appropriate.

20         Section 318.  Section 243.151, Florida Statutes, is

21  amended to read:

22         243.151  Lease agreements; land, facilities.--

23         (1)  Each university and college board of trustees may

24  is authorized to negotiate and, upon approval of the State

25  Board of Education Board of Regents, enter into agreements to

26  lease land under its jurisdiction to for-profit and nonprofit

27  corporations, registered by the Secretary of State to do

28  business in this state, for the purpose of erecting thereon

29  facilities and accommodations necessary and desirable to serve

30  the needs and purposes of the university or college, as

31  determined by the systemwide strategic plan adopted by the

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  1  State Board of Education Board of Regents. Such agreement

  2  shall will be for a term not in excess of 99 years or the life

  3  expectancy of the permanent facilities constructed thereon,

  4  whichever is shorter, and shall include as a part of the

  5  consideration provisions for the eventual ownership of the

  6  completed facilities by the state. The Board of Trustees of

  7  the Internal Improvement Trust Fund upon request of the

  8  university or college board of trustees shall lease any such

  9  property to the university or college for sublease as

10  heretofore provided.

11         (2)  Each university and college board of trustees may

12  is authorized to enter into agreements with for-profit and

13  nonprofit corporations, registered by the Custodian of State

14  Records Secretary of State to do business in this state,

15  whereby income-producing buildings, improvements, and

16  facilities necessary and desirable to serve the needs and

17  purposes of the university, as determined by the systemwide

18  strategic plan adopted by the State Board of Education Board

19  of Regents, are acquired by purchase or lease-purchase by the

20  university or college board of trustees, upon approval of the

21  State Board of Education Board of Regents and approval of the

22  project by the Legislature.  When such agreements provide for

23  lease-purchase of facilities erected on land that is not under

24  the jurisdiction of the university or college, the agreement

25  shall include as a part of the consideration provisions for

26  the eventual ownership of the land and facility by the state.

27  Agreements for lease-purchase shall not exceed 30 years or the

28  life expectancy of the permanent facility constructed,

29  whichever is shorter. Notwithstanding the provisions of any

30  other law, the State Board of Education Board of Regents may

31  enter into an agreement for the lease-purchase of a facility

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  1  under this section for a term greater than 1 year if when such

  2  term has been approved by the Legislature as part of the

  3  project. Each university and college board of trustees, upon

  4  approval of the State Board of Education, may Board of Regents

  5  is authorized to use any auxiliary trust funds, available and

  6  not otherwise obligated, to pay rent to the owner should

  7  income from the facilities not be sufficient in any debt

  8  payment period. The trust funds used for payment of rent shall

  9  be reimbursed as soon as possible to the extent that income

10  from the facilities exceeds the amount necessary for such debt

11  payment.

12         (3)  Upon approval by the State Board of Education

13  Board of Regents, a university or college board of trustees

14  may:

15         (a)  Construct educational facilities on land that is

16  owned by a direct-support organization, as defined in s.

17  240.299, or a governmental agency at the federal, state,

18  county, or municipal level, if the university or college board

19  of trustees has acquired a long-term lease for the use of the

20  land.  The lease must be for at least 40 years or the expected

21  time the facilities to be constructed on the land are expected

22  to remain in a condition acceptable for use, whichever is

23  longer.

24         (b)  Acquire a short-term lease from one of the

25  entities listed in paragraph (a) for the use of land, if

26  adequate temporary or relocatable facilities are available on

27  the land.

28         (c)  Enter into a short-term lease for the use of land

29  and buildings upon which capital improvements may be made.

30  

31  

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  1  If sufficient land is not available from any of the entities

  2  listed in paragraph (a), a university or college board of

  3  trustees may acquire a short-term lease from a private

  4  landowner or developer.

  5         (4)  Agreements as provided in this section shall be

  6  entered into with an offeror resulting from publicly announced

  7  competitive bids or proposals, except that the university or

  8  college board of trustees may enter into an agreement with an

  9  entity enumerated in paragraph (3)(a) for leasing land or with

10  a direct-support organization as provided in s. 240.299, which

11  shall enter into subsequent agreements for financing and

12  constructing the project after receiving competitive bids or

13  proposals. Any facility constructed, lease-purchased, or

14  purchased under such agreements, whether erected on land under

15  the jurisdiction of the university or college, or not, shall

16  conform to the construction standards and codes applicable to

17  university and college facilities. The State Board of

18  Education Board of Regents shall adopt such rules as are

19  necessary to carry out its duties and responsibilities imposed

20  by this section.

21         (5)  Agreements executed by the former Board of Regents

22  prior to January 1, 1980, for the purposes listed in this

23  section are herein shall be validated, and the said board's

24  actions capacity to act in such cases are ratified and

25  confirmed.

26         Section 319.  Subsection (6) of section 243.52, Florida

27  Statutes, is amended to read:

28         243.52  Definitions.--As used in ss. 243.50-243.77, the

29  term:

30         (6)  "Institution of higher education" means an

31  independent nonprofit college or university which is located

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  1  in and chartered by the state; which is accredited by the

  2  Commission on Colleges of the Southern Association of Colleges

  3  and Schools; which grants baccalaureate degrees; and which is

  4  not a state university, state college, or state community

  5  college.

  6         Section 320.  Subsection (9) of section 282.005,

  7  Florida Statutes, is amended to read:

  8         282.005  Legislative findings and intent.--The

  9  Legislature finds that:

10         (9)  To ensure the best management of the state's

11  information technology and notwithstanding other provisions of

12  law to the contrary, the functions of information technology

13  are hereby assigned to the university and college boards of

14  trustees Board of Regents as the agency responsible for the

15  development and implementation of policy, planning,

16  management, rulemaking, standards, and guidelines for the

17  state universities and colleges State University System; to

18  the community college district boards of trustees State Board

19  of Community Colleges as the agency responsible for

20  establishing and developing rules and policies for the

21  community colleges Florida Community College System; to the

22  Supreme Court, for the judicial branch; to each state attorney

23  and public defender; and to the State Technology Office for

24  the executive branch of state government.

25         Section 321.  Subsections (1) and (3) of section

26  282.103, Florida Statutes, are amended to read:

27         282.103  SUNCOM Network; exemptions from the required

28  use.--

29         (1)  There is created within the State Technology

30  Office the SUNCOM Network which shall be developed to serve as

31  the state communications system for providing local and

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  1  long-distance communications services to state agencies,

  2  political subdivisions of the state, municipalities, state

  3  universities and colleges, and nonprofit corporations pursuant

  4  to ss. 282.101-282.111. The SUNCOM Network shall be developed

  5  to transmit all types of communications signals, including,

  6  but not limited to, voice, data, video, image, and radio.

  7  State agencies shall cooperate and assist in the development

  8  and joint use of communications systems and services.

  9         (3)  All state agencies, state universities, and state

10  colleges are required to use the SUNCOM Network for agency,

11  university, and college communications services as the

12  services become available; however, no agency, university, or

13  college is relieved of responsibility for maintaining

14  communications services necessary for effective management of

15  its programs and functions. If a SUNCOM Network service does

16  not meet the communications requirements of an agency,

17  university, or college, the agency, university, or college

18  shall notify the State Technology Office in writing and detail

19  the requirements for that communications service. If the

20  office is unable to meet an agency's, university's, or

21  college's requirements by enhancing SUNCOM Network service,

22  the office may grant the agency, university, or college an

23  exemption from the required use of specified SUNCOM Network

24  services.

25         Section 322.  Subsection (4) of section 282.105,

26  Florida Statutes, is amended to read:

27         282.105  Use of state SUNCOM Network by nonprofit

28  corporations.--

29         (4)  Institutions qualified to participate in the

30  William L. Boyd, IV, Florida Resident Access Grant Program

31  pursuant to s. 240.499 s. 240.605 shall be eligible to use the

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  1  state SUNCOM Network, subject to the terms and conditions of

  2  the office. Such entities shall not be required to satisfy the

  3  other criteria of this section.

  4         Section 323.  Section 282.106, Florida Statutes, is

  5  amended to read:

  6         282.106  Use of SUNCOM Network by libraries.--The State

  7  Technology Office may provide SUNCOM Network services to any

  8  library in the state, including libraries in public schools,

  9  community colleges, state universities, state colleges the

10  State University System, and nonprofit private postsecondary

11  educational institutions, and libraries owned and operated by

12  municipalities and political subdivisions.

13         Section 324.  Section 282.3031, Florida Statutes, is

14  amended to read:

15         282.3031  Assignment of information resources

16  management responsibilities.--For purposes of ss.

17  282.303-282.322, to ensure the best management of state

18  information technology resources, and notwithstanding other

19  provisions of law to the contrary, the functions of

20  information resources management are hereby assigned to the

21  university and college boards of trustees Board of Regents as

22  the agency responsible for the development and implementation

23  of policy, planning, management, rulemaking, standards, and

24  guidelines for the state universities and colleges State

25  University System; to the community college district boards of

26  trustees State Board of Community Colleges as the agency

27  responsible for establishing and developing rules and policies

28  for the community colleges Florida Community College System;

29  to the Supreme Court for the judicial branch; to each state

30  attorney and public defender; and to the State Technology

31  

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  1  Office for the agencies within the executive branch of state

  2  government.

  3         Section 325.  Subsection (1) of section 282.3063,

  4  Florida Statutes, is amended to read:

  5         282.3063  Agency Annual Enterprise Resource Planning

  6  and Management Report.--

  7         (1)  By September 1 of each year, and for the State

  8  University System within 90 days after completion of the

  9  expenditure analysis developed pursuant to s. 240.271(4), each

10  Agency Chief Information Officer shall prepare and submit to

11  the State Technology Office an Agency Annual Enterprise

12  Resource Planning and Management Report.  Following

13  consultation with the State Technology Office and the Agency

14  Chief Information Officers Council, the Executive Office of

15  the Governor and the fiscal committees of the Legislature

16  shall jointly develop and issue instructions for the format

17  and contents of the report.

18         Section 326.  Subsection (2) of section 282.310,

19  Florida Statutes, is amended to read:

20         282.310  State Annual Report on Enterprise Resource

21  Planning and Management.--

22         (2)  The State Annual Report on Enterprise Resource

23  Planning and Management shall contain, at a minimum, the

24  following:

25         (a)  The state vision for enterprise resource planning

26  and management.

27         (b)  A forecast of the state enterprise resource

28  planning and management priorities and initiatives for the

29  ensuing 2 years.

30  

31  

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  1         (c)  A summary of major statewide policies recommended

  2  by the State Technology Office for enterprise resource

  3  planning and management.

  4         (d)  A summary of memoranda issued by the Executive

  5  Office of the Governor.

  6         (e)  An assessment of the overall progress toward an

  7  integrated electronic system for deploying government

  8  products, services, and information to individuals and

  9  businesses and state enterprise resource planning and

10  management initiatives and priorities for the past fiscal

11  year.

12         (f)  A summary of major statewide issues related to

13  improving enterprise resource planning and management by the

14  state.

15         (g)  An inventory list, by major categories, of state

16  information technology resources.

17         (h)  A summary of the total agency expenditures or

18  descriptions of agreements, contracts, or partnerships for

19  enterprise resource planning and management and of

20  enterprise-wide procurements done by the office on behalf of

21  the state.

22         (i)  A summary of the opportunities for government

23  agencies or entities to share enterprise resource planning and

24  management projects or initiatives with other governmental or

25  private sector entities.

26  

27  The state annual report shall also include enterprise resource

28  planning and management information from the annual reports

29  prepared by the state universities and colleges and the

30  community colleges Board of Regents for the State University

31  System, from the State Board of Community Colleges for the

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  1  Florida Community College System, from the Supreme Court for

  2  the judicial branch, and from the Justice Administrative

  3  Commission on behalf of the state attorneys and public

  4  defenders. Expenditure information shall be taken from each

  5  agency's annual report as well as the annual reports of the

  6  state universities and colleges and the community colleges

  7  Board of Regents, the State Board of Community Colleges, the

  8  Supreme Court, and the Justice Administrative Commission.

  9         Section 327.  Section 284.34, Florida Statutes, is

10  amended to read:

11         284.34  Professional medical liability of the

12  university and college boards of trustees Board of Regents and

13  nuclear energy liability excluded.--Unless specifically

14  authorized by the Department of Insurance, no coverages shall

15  be provided by this fund for professional medical liability

16  insurance for the university and college boards of trustees

17  Board of Regents or the physicians, officers, employees, or

18  agents of any the board or for liability related to nuclear

19  energy which is ordinarily subject to the standard nuclear

20  energy liability exclusion of conventional liability insurance

21  policies. This section does shall not affect be construed as

22  affecting the self-insurance programs of the university and

23  college boards of trustees Board of Regents established

24  pursuant to s. 240.213.

25         Section 328.  Paragraph (a) of subsection (2) of

26  section 287.042, Florida Statutes, is amended to read:

27         287.042  Powers, duties, and functions.--The department

28  shall have the following powers, duties, and functions:

29         (2)(a)  To plan and coordinate purchases in volume and

30  to negotiate and execute purchasing agreements and contracts

31  for commodities and contractual services under which state

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  1  agencies shall make purchases pursuant to s. 287.056, and

  2  under which a federal, county, municipality, institutions

  3  qualified to participate in the William L. Boyd, IV, Florida

  4  Resident Access Grant Program pursuant to s. 240.499 s.

  5  240.605, private nonprofit community transportation

  6  coordinator designated pursuant to chapter 427, while

  7  conducting business related solely to the Commission for the

  8  Transportation Disadvantaged, or other local public agency may

  9  make purchases. The department may restrict purchases from

10  some term contracts to state agencies only for those term

11  contracts where the inclusion of other governmental entities

12  will have an adverse effect on competition or to those federal

13  facilities located in this state. In such planning or

14  purchasing the Office of Supplier Diversity may monitor to

15  ensure that opportunities are afforded for contracting with

16  minority business enterprises. The department, for state term

17  contracts, and all agencies, for multiyear contractual

18  services or term contracts, shall explore reasonable and

19  economical means to utilize certified minority business

20  enterprises. Purchases by any county, municipality, private

21  nonprofit community transportation coordinator designated

22  pursuant to chapter 427, while conducting business related

23  solely to the Commission for the Transportation Disadvantaged,

24  or other local public agency under the provisions in the state

25  purchasing contracts, and purchases, from the corporation

26  operating the correctional work programs, of products or

27  services that are subject to paragraph (1)(f), are exempt from

28  the competitive sealed bid requirements otherwise applying to

29  their purchases.

30  

31  

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  1         Section 329.  Subsection (2), paragraph (i) of

  2  subsection (3), subsection (10), and subsection (18) of

  3  section 447.203, Florida Statutes, are amended to read:

  4         447.203  Definitions.--As used in this part:

  5         (2)  "Public employer" or "employer" means the state or

  6  any county, municipality, or special district or any

  7  subdivision or agency thereof which the commission determines

  8  has sufficient legal distinctiveness properly to carry out the

  9  functions of a public employer.  With respect to all public

10  employees determined by the commission as properly belonging

11  to a statewide bargaining unit composed of State Career

12  Service System employees or Selected Professional Service

13  employees, the Governor shall be deemed to be the public

14  employer; and the university or college board of trustees

15  Board of Regents shall be deemed to be the public employer

16  with respect to all public employees of the respective state

17  university or college. within the State University System as

18  provided in s. 240.209(3)(f), except that such employees shall

19  have the right, in elections to be conducted at each

20  university by the commission pursuant to its rules, to elect

21  not to participate in collective bargaining. In the event that

22  a majority of such voting employees at any university elect

23  not to participate in collective bargaining, they shall be

24  removed from the applicable Board of Regents bargaining unit.

25  If, thereafter, by election conducted by the commission

26  pursuant to its rules, a majority of such voting employees

27  elect to participate in collective bargaining, they shall be

28  included again in the applicable Board of Regents bargaining

29  unit for such purpose. The board of trustees of a community

30  college shall be deemed to be the public employer with respect

31  to all employees of the community college. The district school

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  1  board shall be deemed to be the public employer with respect

  2  to all employees of the school district. The Board of Trustees

  3  of the Florida School for the Deaf and the Blind shall be

  4  deemed to be the public employer with respect to the academic

  5  and academic administrative personnel of the Florida School

  6  for the Deaf and the Blind.  The Governor shall be deemed to

  7  be the public employer with respect to all employees in the

  8  Correctional Education Program of the Department of

  9  Corrections established pursuant to s. 944.801.

10         (3)  "Public employee" means any person employed by a

11  public employer except:

12         (i)  Those persons enrolled as graduate students in the

13  State University System who are employed as graduate

14  assistants, graduate teaching assistants, graduate teaching

15  associates, graduate research assistants, or graduate research

16  associates and those persons enrolled as undergraduate

17  students in a state university or college the State University

18  System who perform part-time work for the state university or

19  college State University System.

20         (10)  "Legislative body" means the State Legislature,

21  the board of county commissioners, the district school board,

22  the governing body of a municipality, or the governing body of

23  an instrumentality or unit of government having authority to

24  appropriate funds and establish policy governing the terms and

25  conditions of employment and which, as the case may be, is the

26  appropriate legislative body for the bargaining unit. For

27  purposes of s. 447.403, the board of trustees of a state

28  university or college shall be deemed to be the legislative

29  body with respect to all employees of the state university or

30  college.  For purposes of s. 447.403 the board of trustees of

31  

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  1  a community college shall be deemed to be the legislative body

  2  with respect to all employees of the community college.

  3         (18)  "Student representative" means the representative

  4  selected by each community college, college, or university

  5  student government association and the council of student body

  6  presidents. Each representative may be present at all

  7  negotiating sessions that which take place between the

  8  appropriate public employer and an exclusive bargaining agent.

  9  The Said representative must shall be enrolled as a student

10  with at least 8 credit hours in the respective community

11  college, college, or university or in the State University

12  System during his or her term as student representative.

13         Section 330.  Subsection (5) of section 447.301,

14  Florida Statutes, is amended to read:

15         447.301  Public employees' rights; organization and

16  representation.--

17         (5)  In negotiations over the terms and conditions of

18  service and other matters affecting the working environment of

19  employees, or the learning environment of students, in

20  institutions of higher education, one student representative

21  selected by the council of student body presidents may, at his

22  or her discretion, be present at all negotiating sessions

23  which take place between the Board of Regents and the

24  bargaining agent for an employee bargaining unit.  In the case

25  of community colleges, colleges, and universities, the student

26  government association of each community college, college, or

27  university shall establish procedures for the selection of,

28  and shall select, a student representative to be present, at

29  his or her discretion, at negotiations between the bargaining

30  agent of the employees and the board of trustees.  Each

31  student representative shall have access to all written draft

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  1  agreements and all other written documents pertaining to

  2  negotiations exchanged by the appropriate public employer and

  3  the bargaining agent, including a copy of any prepared written

  4  transcripts of any negotiating session.  Each student

  5  representative shall have the right at reasonable times during

  6  the negotiating session to comment to the parties and to the

  7  public upon the impact of proposed agreements on the

  8  educational environment of students.  Each student

  9  representative shall have the right to be accompanied by

10  alternates or aides, not to exceed a combined total of two in

11  number.  Each student representative shall be obligated to

12  participate in good faith during all negotiations and shall be

13  subject to the rules and regulations of the Public Employees

14  Relations Commission.  The student representatives shall have

15  neither voting nor veto power in any negotiation, action, or

16  agreement.  The state or any branch, agency, division, agent,

17  or institution of the state, including community colleges,

18  colleges, and universities, may shall not expend any moneys

19  from any source for the payment of reimbursement for travel

20  expenses or per diem to aides, alternates, or student

21  representatives participating in, observing, or contributing

22  to any negotiating sessions between the bargaining parties;

23  however, this limitation does not apply to the use of student

24  activity fees for the reimbursement of travel expenses and per

25  diem to the university student representative, aides, or

26  alternates participating in the aforementioned negotiations

27  between the Board of Regents and the bargaining agent for an

28  employee bargaining unit.

29         Section 331.  Subsection (4) of section 447.403,

30  Florida Statutes, is amended to read:

31         447.403  Resolution of impasses.--

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  1         (4)  If In the event that either the public employer or

  2  the employee organization does not accept, in whole or in

  3  part, the recommended decision of the special master:

  4         (a)  The chief executive officer of the governmental

  5  entity involved shall, within 10 days after rejection of a

  6  recommendation of the special master, submit to the

  7  legislative body of the governmental entity involved a copy of

  8  the findings of fact and recommended decision of the special

  9  master, together with the chief executive officer's

10  recommendations for settling the disputed impasse issues.  The

11  chief executive officer shall also transmit his or her

12  recommendations to the employee organization;.  If the dispute

13  involves employees for whom the Board of Regents is the public

14  employer, the Governor may also submit recommendations to the

15  legislative body for settling the disputed impasse issues;

16         (b)  The employee organization shall submit its

17  recommendations for settling the disputed impasse issues to

18  such legislative body and to the chief executive officer;

19         (c)  The legislative body or a duly authorized

20  committee thereof shall forthwith conduct a public hearing at

21  which the parties shall be required to explain their positions

22  with respect to the rejected recommendations of the special

23  master;

24         (d)  Thereafter, the legislative body shall take such

25  action as it deems to be in the public interest, including the

26  interest of the public employees involved, to resolve all

27  disputed impasse issues; and

28         (e)  Following the resolution of the disputed impasse

29  issues by the legislative body, the parties shall reduce to

30  writing an agreement which includes those issues agreed to by

31  the parties and those disputed impasse issues resolved by the

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  1  legislative body's action taken pursuant to paragraph (d). The

  2  agreement shall be signed by the chief executive officer and

  3  the bargaining agent and shall be submitted to the public

  4  employer and to the public employees who are members of the

  5  bargaining unit for ratification. If such agreement is not

  6  ratified by all parties, pursuant to the provisions of s.

  7  447.309, the legislative body's action taken pursuant to the

  8  provisions of paragraph (d) shall take effect as of the date

  9  of such legislative body's action for the remainder of the

10  first fiscal year which was the subject of negotiations;

11  however, the legislative body's action shall not take effect

12  with respect to those disputed impasse issues which establish

13  the language of contractual provisions which could have no

14  effect in the absence of a ratified agreement, including, but

15  not limited to, preambles, recognition clauses, and duration

16  clauses.

17         Section 332.  Effective July 1, 2002, subsection (2) of

18  section 766.112, Florida Statutes, is amended to read:

19         766.112  Comparative fault.--

20         (2)  In an action for damages for personal injury or

21  wrongful death arising out of medical malpractice, whether in

22  contract or tort, when an apportionment of damages pursuant to

23  s. 768.81 is attributed to a the board of trustees of a state

24  university Regents, the court shall enter judgment against the

25  board of trustees Regents on the basis of the board's such

26  party's percentage of fault and not on the basis of the

27  doctrine of joint and several liability. The sole remedy

28  available to a claimant to collect a settlement or judgment

29  against a board of trustees damages, subject to the provisions

30  of this subsection, against the Board of Regents shall be

31  pursuant to s. 768.28.

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  1         Section 333.  Effective July 1, 2002, subsections (1)

  2  and (2) of section 768.28, Florida Statutes, are amended to

  3  read:

  4         768.28  Waiver of sovereign immunity in tort actions;

  5  recovery limits; limitation on attorney fees; statute of

  6  limitations; exclusions; indemnification; risk management

  7  programs.--

  8         (1)  In accordance with s. 13, Art. X of the State

  9  Constitution, the state, for itself and for its agencies or

10  subdivisions, hereby waives sovereign immunity for liability

11  for torts, but only to the extent specified in this act.

12  Actions at law against the state or any of its agencies or

13  subdivisions to recover damages in tort for money damages

14  against the state or its agencies or subdivisions for injury

15  or loss of property, personal injury, or death caused by the

16  negligent or wrongful act or omission of any employee of the

17  agency or subdivision while acting within the scope of the

18  employee's office or employment under circumstances in which

19  the state or such agency or subdivision, if a private person,

20  would be liable to the claimant, in accordance with the

21  general laws of this state, may be prosecuted subject to the

22  limitations specified in this act. Other than an action

23  against a state university board of trustees, which must be

24  brought in the county in which that university's main campus

25  is located or in which it maintains a substantial presence for

26  the transaction of its customary business, any such action may

27  be brought in the county where the property in litigation is

28  located or, if the affected agency or subdivision has an

29  office in such county for the transaction of its customary

30  business, where the cause of action accrued.

31  

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  1         (2)  As used in this act, "state agencies or

  2  subdivisions" include the executive departments, the

  3  Legislature, the judicial branch (including public defenders),

  4  and the independent establishments of the state, including

  5  state university boards of trustees; counties and

  6  municipalities; and corporations primarily acting as

  7  instrumentalities or agencies of the state, counties, or

  8  municipalities, including the Spaceport Florida Authority.

  9         Section 334.  Subsection (5) of section 626.852,

10  Florida Statutes, is amended to read:

11         626.852  Scope of this part.--

12         (5)  This part does not apply to any employee or agent

13  of a state university the board of trustees Regents providing

14  services in support of any self-insurance program created

15  under s. 240.213 adopted by such Board of Regents.

16         Section 335.  Subsection (5) of section 627.912,

17  Florida Statutes, is amended to read:

18         627.912  Professional liability claims and actions;

19  reports by insurers.--

20         (5)  Any self-insurance program established under s.

21  240.213 shall report in duplicate to the Department of

22  Insurance any claim or action for damages for personal

23  injuries claimed to have been caused by error, omission, or

24  negligence in the performance of professional services

25  provided by a state university the board of trustees Regents

26  through an employee or agent of the board of trustees Regents,

27  including practitioners of medicine licensed under chapter

28  458, practitioners of osteopathic medicine licensed under

29  chapter 459, podiatric physicians licensed under chapter 461,

30  and dentists licensed under chapter 466, or based on a claimed

31  performance of professional services without consent if the

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  1  claim resulted in a final judgment in any amount, or a

  2  settlement in any amount. The reports required by this

  3  subsection shall contain the information required by

  4  subsection (3) and the name, address, and specialty of the

  5  employee or agent of a the board of trustees Regents whose

  6  performance or professional services is alleged in the claim

  7  or action to have caused personal injury.

  8         Section 336.  The amendments to sections 766.112(2) and

  9  768.28(1) and (2) shall apply to actions filed on or after

10  July 1, 2002.

11         Section 337.  Except as otherwise expressly provided in

12  this act, and except for this section and sections 332, 333,

13  334, and 335, which shall take effect July 1, 2002, this act

14  shall take effect January 7, 2003.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                            CS/SB 1564

18                                 

19  Revises community college student fees.

20  Makes technical corrections.

21  Provides venue in civil actions against university boards of
    trustees.
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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