Senate Bill sb1564e1
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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
1
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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
2
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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
3
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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
4
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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.; creating s.
29 240.20125, F.S.; establishing the State
30 University and College Boards of Trustees
31 Council; providing membership of the council
5
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1 and duties; providing for public meetings
2 vesting each university and college board of
3 trustees with authority to govern and set
4 policy; providing rulemaking authority;
5 providing for selecting, compensating, and
6 evaluating a president; requiring a planning
7 process; requiring each board to provide for
8 academic freedom and academic responsibility;
9 requiring an institutional budget request;
10 authorizing program approval and termination;
11 requiring legislative approval for certain
12 programs; providing requirements for managing
13 real property owned by the state or by the
14 institution; retaining certain authority
15 delegated to the Board of Internal Improvement
16 Trust Fund and Division of State Lands;
17 authorizing each board of trustees to secure
18 certain appraisals and surveys in compliance
19 with rules of the Board of Internal Improvement
20 Trust Fund; providing for certain contracts
21 without competitive selection; authorizing
22 agreements for and use of certain credit
23 transactions; authorizing establishment of a
24 personnel program; authorizing a board to use,
25 maintain, protect, and control certain
26 property, names, trademarks, and other
27 proprietary marks; authorizing restrictions on
28 certain activities and facilities; authorizing
29 a board to prioritize and impose charges for
30 the use of space, property, equipment, and
31 resources; providing for the establishment and
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1 coordination of policies relating to
2 educational offerings; requiring that each
3 board establish a procurement program;
4 authorizing each board to sell, lease, license,
5 or otherwise provide goods, materials, and
6 services; requiring that a board comply with
7 certain provisions in procuring professional
8 services; requiring that a board establish and
9 administer faculty practice plans for the
10 academic health science centers; authorizing a
11 board to exercise the right of eminent domain,
12 subject to approval by the State Board of
13 Education; requiring that a board comply with
14 specified provisions with respect to
15 procurement and construction contracts;
16 providing certain exemptions; requiring that a
17 board establish a program for the maintenance
18 and construction of facilities; requiring that
19 a board secure workers' compensation coverage
20 for certain contractors and subcontractors;
21 prohibiting naming a school, college, or center
22 for a living person unless approved by the
23 State Board of Education; providing
24 requirements for a board in managing
25 enrollment; requiring that a board advise
26 certain students of the availability of
27 programs at other universities and colleges and
28 the admissions requirement of such programs;
29 providing that a board ensure that at least
30 half of the required coursework for any
31 baccalaureate degree in the system is offered
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1 at the lower-division level, except in program
2 areas approved by the State Board of Education;
3 requiring that a board ensure that university
4 and college students are aware of program
5 prerequisites for certain programs; authorizing
6 a board to rent or lease parking facilities;
7 requiring a board to implement the university
8 facilities plan in accordance with certain laws
9 and guidelines; providing that for purposes of
10 ch. 284, F.S., university and college boards of
11 trustees are state agencies; providing an
12 exception; creating s. 240.2014, F.S.;
13 specifying powers and duties of each university
14 or college president; requiring an approval
15 process for certain contracts; providing
16 requirements for procuring professional
17 services; providing for removing a president
18 from office for certain violations of s.
19 286.011, F.S.; authorizing a president to
20 delegate certain authority; repealing ss.
21 240.202, 240.203, 240.205, 240.207, 240.209
22 F.S.; relating to authority of university
23 presidents, responsibilities of the State Board
24 of Education, and the appointment and duties of
25 the Board of Regents; reenacting and amending
26 s. 240.2093, F.S.; authorizing the State Board
27 of Education to request the issuance of bonds
28 or other forms of indebtedness; eliminating
29 obsolete provisions; authorizing conditions
30 under which the State Board of Education may
31 approve the issuance of bonds or other forms of
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1 indebtedness by a direct-support organization;
2 reenacting and amending s. 240.2094, F.S.;
3 requiring that funds for the operation of state
4 universities and colleges be requested and
5 appropriated as grants and aids; eliminating
6 obsolete provisions with respect to positions
7 and salary rates; repealing ss. 240.20941,
8 240.2095, 240.2097, F.S., relating to vacant
9 faculty positions, program approval by the
10 Board of Regents, and required rules;
11 reenacting and amending s. 240.2098, F.S.;
12 requiring each college and university to have a
13 student ombudsman office; providing for an
14 appeal procedure; eliminating a requirement
15 that the appeal procedure must be included in
16 the university catalog; reenacting and amending
17 s. 240.2099, F.S.; requiring that the State
18 Board of Education establish the Florida Center
19 for Advising and Academic Support; eliminating
20 obsolete provisions; providing for an oversight
21 committee; requiring the universities,
22 colleges, and community colleges to implement
23 the system; repealing ss. 240.2111, 240.2112,
24 F.S., relating to an employee recognition
25 program and employee bonuses; reenacting and
26 amending s. 240.213, F.S.; authorizing
27 university and college boards of trustees to
28 secure, or otherwise provide as a self-insurer,
29 general liability insurance for the boards and
30 others; eliminating references to the State
31 University System; providing that general
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1 liability insurance for certain not-for-profit
2 corporations and its officers, employees, and
3 agents, is subject to approval of the
4 self-insurance program council and the
5 university or college board of trustees;
6 requiring a board of trustees to adopt rules;
7 providing that if the self-insurance program is
8 established for health or veterinary services,
9 the Vice President of Health Affairs or his or
10 her designee shall serve as chair of the
11 governing council; requiring an annual actuary
12 review to establish funding requirements;
13 providing that the self-insurance program
14 assets shall be deposited outside the State
15 Treasury; requiring an annual post audit and
16 audit review; providing for funding the
17 self-insurance program; providing for the
18 assets of the self-insurance program to be the
19 property of a university or college board of
20 trustees and used only for certain expenses;
21 providing requirements for investment income;
22 providing rulemaking authority; reenacting and
23 amending s. 240.214, F.S.; eliminating obsolete
24 provisions; requiring the State Board of
25 Education to submit an annual accountability
26 report; repealing s. 240.2145, F.S., relating
27 to an annual evaluation of the State University
28 System accountability process; reenacting and
29 amending s. 240.215, F.S.; providing for
30 payment of costs in a civil action against
31 officers, agents, members, or employees of a
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1 university or college board of trustees;
2 authorizing a university or college board of
3 trustees to obtain insurance; conforming
4 provisions to changes made by the act;
5 repealing ss. 240.217, 240.219, F.S., relating
6 to eminent domain and representation by the
7 Department of Legal Affairs in condemnation
8 proceedings; reenacting and amending s.
9 240.222, F.S.; clarifying the assent of the
10 Legislature to the Hatch Act and Morrill
11 Land-Grant Acts for the University of Florida
12 and Florida Agricultural and Mechanical
13 University; reenacting and amending s. 240.223,
14 F.S.; conforming provisions to changes made by
15 the act; authorizing each university and
16 college board of trustees to act as trustees;
17 providing that all prior acts of and
18 appointments by the former Board of Regents are
19 approved, ratified, confirmed, and validated;
20 reenacting and amending s. 240.229, F.S.;
21 providing powers of universities and colleges
22 with respect to patents, copyrights, and
23 trademarks; repealing s. 240.231, F.S.,
24 relating to payment of costs of civil actions;
25 reenacting and amending s. 240.233, F.S.;
26 providing for rules governing the admission of
27 students, subject to approval by the State
28 Board of Education; providing registration
29 requirements with respect to transfer students;
30 providing requirements for orientation
31 programs; reenacting and amending s. 240.2333,
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1 F.S.; eliminating certain rulemaking authority
2 of the Articulation Coordinating Committee;
3 reenacting and amending s. 240.235, F.S.;
4 requiring each university and college board of
5 trustees to set matriculation and tuition fees;
6 providing for the fees to take effect;
7 providing a cap on certain fees; eliminating
8 obsolete dates relating to initial aggregate
9 athletic fees; providing for a nonrefundable
10 application fee; providing for an orientation
11 fee; providing for a fee for security, access,
12 or identification cards; providing for material
13 and supplies fees; providing for a Capital
14 Improvement Trust Fund fee; providing for a
15 building fee; providing for a financial aid
16 fee; requiring that proceeds of the financial
17 aid fee remain at each campus and replace
18 existing financial aid fees; requiring the
19 State Board of Education to specify limits on
20 the percent of the fees to be carried forward
21 to the following fiscal year; providing for a
22 portion of funds from the student financial aid
23 fee be used to provide financial aid based on
24 absolute need; providing award criteria;
25 providing for certain user fees; providing an
26 admissions deposit fee for the University of
27 Florida College of Dentistry; providing for
28 registration fees; providing for service
29 charges; providing for deposit of
30 installment-fee revenues; providing for late
31 registration and payment fees; providing for
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1 waiver of certain fees; providing a fee for
2 miscellaneous health-related charges; providing
3 for housing rental rates and miscellaneous
4 housing charges; providing for charges on
5 overdue accounts; providing for service charges
6 in lieu of interest and administrative handling
7 charges; providing for a fee for certain
8 off-campus courses; providing for library fees
9 and fines; providing fees for duplicating,
10 photocopying, binding, and microfilming;
11 providing for fees for copyright services;
12 providing for fees for testing; providing for
13 fees and fines relating to loss and damage of
14 facilities and equipment; providing for
15 returned-check fees; providing for traffic and
16 parking fines and charges; providing a fee for
17 the educational research center for child
18 development; providing for fees for transcripts
19 and diploma replacement; providing for
20 replacement card fees; providing for a
21 systemwide standard fee schedule; authorizing a
22 board of trustees to approve the expenditure of
23 fee revenues; providing for a differential
24 out-of-state tuition fee for certain
25 universities and colleges; providing that the
26 assessment of additional fees is subject to
27 approval by the State Board of Education;
28 reenacting and amending s. 240.237, F.S.;
29 providing that each university and college
30 board of trustees may prescribe the content and
31 custody of certain student records and reports;
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1 reenacting and amending s. 240.239, F.S.;
2 requiring universities and colleges to present
3 associate in arts certificates upon request to
4 qualified students; reenacting and amending s.
5 240.241, F.S.; authorizing a university board
6 of trustees to create divisions of sponsored
7 research; providing for policies to regulate
8 the activities of divisions of sponsored
9 research; requiring the board of trustees to
10 submit reports to the State Board of Education;
11 requiring the State Board of Education to
12 report to the Legislature; providing that title
13 to real property to certain lands acquired
14 through the division of sponsored research
15 vests in a university board of trustees;
16 eliminating authorization of divisions of
17 sponsored research to pay per diem and travel
18 expenses for state officers and employees;
19 authorizing the State Board of Education to
20 establish additional positions within the
21 divisions of sponsored research; providing
22 rulemaking authority; reenacting and amending
23 s. 240.242, F.S.; requiring the State Board of
24 Education to certify the leasing of education
25 facilities in a research and development park;
26 reenacting and amending s. 240.243, F.S.;
27 requiring state universities and colleges to
28 follow the required number of classroom
29 teaching hours for faculty members; reenacting
30 and amending s. 240.245, F.S.; requiring
31 evaluations of faculty members; requiring the
14
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1 State Board of Education to establish criteria
2 for evaluating service to public schools;
3 eliminating obsolete provisions; reenacting and
4 amending s. 240.246, F.S.; requiring the State
5 Board of Education to adopt rules to require
6 tests of spoken English for certain faculty
7 members; reenacting and amending s. 240.2475,
8 F.S.; requiring state universities and colleges
9 to maintain an employment equity and
10 accountability program; eliminating obsolete
11 provisions; requiring state university and
12 college presidents to submit an equity report
13 to the State Board of Education; requiring the
14 presidential evaluations to be submitted to the
15 State Board of Education; requiring each
16 university and college board of trustees to
17 evaluate its president on achieving annual
18 equity goals; requiring the State Board of
19 Education to submit the annual equity report to
20 the Legislature; eliminating obsolete
21 provisions; eliminating funding requirements;
22 reenacting and amending s. 240.253, F.S.;
23 requiring each university and college board of
24 trustees to adopt rules governing employee
25 records; reenacting and amending s. 240.2601,
26 F.S.; conforming provisions to changes made by
27 the act with respect to the Facility
28 Enhancement Challenge Grant Program; providing
29 for the State Board of Education to administer
30 the Alec P. Courtelis Capital Facilities
31 Matching Trust Fund; requiring the State Board
15
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1 of Education to submit a list of eligible
2 projects to the Legislature; requiring that
3 eligible projects be approved by the State
4 Board of Education; reenacting and amending s.
5 240.2605, F.S.; eliminating obsolete
6 provisions; requiring the State Board of
7 Education to define instructions and research
8 programs for purposes of matching grants;
9 requiring the State Board of Education to
10 allocate funds to match private donations;
11 providing requirements for requests for
12 matching funds; providing state matching funds
13 for pledged contributions based on certain
14 factors; requiring foundations to report to the
15 State Board of Education; providing rulemaking
16 authority for State Board of Education to
17 specify certain donations; limiting the amount
18 of matching funds used to match a single gift;
19 providing for distribution; reenacting and
20 amending s. 240.261, F.S.; authorizing each
21 university and college board of trustees to
22 adopt rules for codes of conduct; requiring a
23 student handbook that includes student rights
24 and responsibilities, appeals procedures,
25 roster of contact persons, and the policy on
26 immune deficiency syndrome; requiring that the
27 student handbook prohibit the sale, use, or
28 possession of certain controlled substances or
29 alcoholic beverages by underage students;
30 requiring a policy with respect to instruction
31 on human immunodeficiency virus infection;
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1 requiring each university and college board of
2 trustees to establish a committee to review the
3 student judicial system; reenacting and
4 amending s. 240.262, F.S.; requiring state
5 universities and colleges to establish
6 antihazing rules; eliminating a requirement
7 that antihazing rules be approved by the Board
8 of Regents; reenacting and amending s. 240.263,
9 F.S.; providing for regulation of traffic at
10 state universities and colleges; reenacting and
11 amending s. 240.264, F.S.; requiring each board
12 of trustees to adopt rules for traffic and
13 traffic penalties; reenacting and amending s.
14 240.265, F.S.; specifying penalties for
15 violating a college traffic infraction;
16 reenacting and amending s. 240.266, F.S.;
17 providing for payment of fines, jurisdiction,
18 and procedures for college traffic authorities;
19 reenacting and amending s. 240.267, F.S.;
20 providing for the use of moneys from traffic
21 and parking fines; reenacting and amending s.
22 240.268, F.S.; providing for college police;
23 eliminating obsolete provisions; providing for
24 expansion of jurisdiction for university and
25 college police to include property and
26 facilities of direct-support organizations;
27 reenacting and amending s. 240.2682, F.S.;
28 providing that state universities and colleges
29 are subject to the Florida Postsecondary
30 Education Security Information Act; reenacting
31 and amending s. 240.2683, F.S.; eliminating
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1 obsolete provisions; requiring each
2 postsecondary institution to file a campus
3 crime report with the Commissioner of
4 Education; reenacting s. 240.2684, F.S.,
5 relating to the assessment of physical plant
6 safety; reenacting and amending s. 240.271,
7 F.S.; providing for funding for state
8 universities and colleges; conforming
9 provisions to changes made by the act;
10 eliminating a reference to allocations by the
11 Board of Regents; requiring the State Board of
12 Education to establish and validate a
13 cost-estimating system; eliminating obsolete
14 provisions; repealing ss. 240.272, 240.273,
15 F.S., relating to carryforward of unexpended
16 funds and the apportionment of property to the
17 State University System; reenacting and
18 amending s. 240.274, F.S.; providing a
19 mechanism for public documents to be
20 distributed to state universities and colleges;
21 eliminating obsolete provisions; reenacting and
22 amending s. 240.275, F.S.; providing that the
23 law libraries of Florida Agricultural and
24 Mechanical University and Florida International
25 University are state legal depositories;
26 eliminating obsolete provisions; repealing s.
27 240.276, F.S., relating to specified university
28 publications; reenacting and amending s.
29 240.277, F.S.; eliminating obsolete provisions;
30 providing that certain funds received by state
31 universities and colleges may be expended as
18
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1 approved by the State Board of Education;
2 repealing s. 240.279, F.S., relating to working
3 capital trust funds; reenacting and amending s.
4 240.2803, F.S.; authorizing auxiliary
5 enterprises; repealing ss. 240.28031,
6 240.28035, F.S., relating to the Ancillary
7 Facilities Construction Trust Fund and the
8 Education-Contracts, Grants, and Donations
9 Trust Fund; reenacting and amending s.
10 240.2805, F.S.; requiring the State Board of
11 Education to administer the Capital Improvement
12 Fee Trust Fund and the Building Fee Trust Fund;
13 eliminating obsolete provisions; reenacting and
14 amending s. 240.281, F.S.; authorizing the
15 deposit of funds received by state universities
16 and colleges outside the State Treasury;
17 repealing ss. 240.283, 240.285, 240.287,
18 240.289, F.S., relating to extra compensation
19 for State University System employees, the
20 transfer of funds, the investment of university
21 agency and activity funds, and use of credit,
22 charge, and debit cards; reenacting and
23 amending s. 240.291, F.S.; authorizing state
24 universities and colleges to collect on
25 delinquent accounts; providing rulemaking
26 authority for boards of trustees; reenacting
27 and amending s. 240.293, F.S.; authorizing
28 contracts for certain goods and services;
29 reenacting and amending s. 240.2945, F.S.;
30 exempting state universities and colleges from
31 local amendments to the Florida Building Code
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1 and the Fire Prevention Code; reenacting and
2 amending s. 240.295, F.S.; eliminating obsolete
3 provisions; authorizing fixed capital outlay
4 projects for state universities and colleges;
5 providing for the State Board of Education to
6 adopt rules; requiring prior consultation with
7 the student government association for certain
8 projects; requiring each university and college
9 board of trustees to assess campus hurricane
10 shelters and submit a report; reenacting and
11 amending s. 240.296, F.S.; providing for a
12 facilities loan and debt surety program for
13 state universities and colleges; eliminating
14 obsolete provisions; requiring the State Board
15 of Education to adopt rules governing secondary
16 credit enhancement; repealing s. 240.2985,
17 F.S., relating to the Ethics in Business
18 Scholarship Program; reenacting and amending s.
19 240.299, F.S.; providing for direct-support
20 organizations; eliminating obsolete provisions;
21 providing for certification by the State Board
22 of Education of direct-support organizations;
23 authorizing the university and college boards
24 of trustees to adopt rules prescribing certain
25 conditions for compliance by direct-support
26 organizations; requiring each board and the
27 State Board of Education to review audit
28 reports; requiring the State Board of Education
29 to approve facility agreements; reenacting and
30 amending s. 240.2995, F.S.; providing for
31 university health services support
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1 organizations; authorizing boards of trustees
2 to establish health services support
3 organizations; authorizing the State Board of
4 Education to adopt rules prescribing compliance
5 with certain conditions for the health services
6 support organizations; eliminating obsolete
7 provisions; authorizing a university board of
8 trustees to appoint representatives to the
9 board of directors of the health services
10 support organization; reenacting and amending
11 s. 240.2996, F.S., relating to confidentiality
12 of information for health services support
13 organizations; eliminating obsolete provisions;
14 amending s. 240.2997, F.S., relating to the
15 Florida State University College of Medicine;
16 eliminating obsolete provisions; reenacting and
17 amending s. 240.301, F.S., relating to the
18 definition, mission, and responsibility of
19 community colleges; eliminating references to
20 the State Board of Community Colleges;
21 providing for community colleges to offer
22 baccalaureate degrees; reenacting and amending
23 s. 240.303, F.S.; defining the terms "community
24 college" and "junior college" to have the same
25 meaning; reenacting and amending s. 240.3031,
26 F.S.; specifying the institutions that comprise
27 the state's community colleges; deleting
28 obsolete provisions; redesignating St.
29 Petersburg Junior College; repealing ss.
30 240.305, 240.309, 240.311, 240.3115, F.S.,
31 relating to the establishment, organization,
21
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CS for CS for SB 1564 First Engrossed
1 and duties of the State Board of Community
2 Colleges; reenacting and amending s. 240.312,
3 F.S.; providing requirements for the director
4 of the Division of Community Colleges with
5 respect to program reviews of community
6 colleges; deleting obsolete provisions;
7 reenacting and amending s. 240.313, F.S.;
8 relating to the establishment and organization
9 of district boards of trustees; defining the
10 district board of trustees, community college
11 district, and community college as one legal
12 entity; eliminating references to the number of
13 members on a district board; clarifying the
14 time for taking office; reenacting and amending
15 s. 240.315, F.S.; specifying powers of the
16 boards of trustees as corporations; reenacting
17 and amending s. 240.317, F.S., relating to
18 legislative intent concerning community
19 colleges; conforming provisions to changes made
20 by the act; creating s. 240.318, F.S.;
21 providing duties and powers of community
22 college presidents; authorizing the president
23 to delegate such powers and duties; reenacting
24 and amending s. 240.319, F.S.; providing duties
25 and powers of community college district boards
26 of trustees; authorizing district boards of
27 trustees to delegate such powers and duties;
28 eliminating obsolete provisions; providing
29 duties and powers of the State Board of
30 Education; transferring specified duties from
31 the Department of Education to the district
22
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CS for CS for SB 1564 First Engrossed
1 boards of trustees; reenacting s. 240.3191,
2 F.S., relating to community college student
3 handbooks; reenacting s. 240.3192, F.S.,
4 relating to HIV and AIDS policy; reenacting s.
5 240.3193, F.S., relating to the student
6 ombudsman office; reenacting and amending s.
7 240.3195, F.S.; revising provisions governing
8 the community college retirement system;
9 conforming provisions to changes made by the
10 act; repealing s. 240.32, F.S., relating to the
11 approval of new programs at community colleges;
12 reenacting and amending s. 240.321, F.S.;
13 requiring district boards to adopt rules
14 governing admissions; conforming provisions to
15 changes made by the act; reenacting and
16 amending s. 240.3215, F.S.; providing standards
17 for student performance for the award of
18 degrees and certificates; reenacting and
19 amending s. 240.323, F.S., relating to student
20 records; transferring duties from the State
21 Board of Community Colleges to the State Board
22 of Education; reenacting and amending s.
23 240.324, F.S.; providing requirements for
24 community college district boards of trustees
25 with respect to accountability and evaluations;
26 repealing s. 240.325, F.S., relating to minimum
27 standards, definitions, and guidelines for
28 community colleges; reenacting and amending s.
29 240.326, F.S.; requiring each board of trustees
30 to adopt an antihazing policy; removing a
31 requirement that the State Board of Education
23
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CS for CS for SB 1564 First Engrossed
1 approve such policy; reenacting s. 240.327,
2 F.S., relating to planning and construction of
3 community college facilities; amending and
4 reenacting s. 240.331, F.S., relating to
5 community college direct-support organizations;
6 requiring that the audit report be submitted to
7 the Commissioner of Education; conforming
8 provisions to changes made by the act;
9 reenacting and amending s. 240.3315, F.S.,
10 relating to statewide community college
11 direct-support organizations; requiring
12 certification by the State Board of Education;
13 requiring the Commissioner of Education to
14 appoint a representative to the organization's
15 board and executive committee; reenacting and
16 amending s. 240.333, F.S.; providing for the
17 purchase of land by a municipality; reenacting
18 and amending s. 240.3335, F.S.; specifying
19 duties of the State Board of Education with
20 respect to centers of technology innovation;
21 conforming provisions to changes made by the
22 act; reenacting and amending s. 240.334, F.S.,
23 relating to technology transfer centers at
24 community colleges; specifying duties of the
25 State Board of Education; reenacting s.
26 240.3341, F.S., relating to incubator
27 facilities for small businesses; reenacting and
28 amending s. 240.335, F.S., relating to
29 employment of community college personnel;
30 clarifying employment authority of the
31 president, district board of trustees, and
24
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CS for CS for SB 1564 First Engrossed
1 State Board of Education; reenacting and
2 amending s. 240.3355, F.S.; providing duties of
3 the State Board of Education and the director
4 of the Division of Community Colleges with
5 respect to the employment equity accountability
6 program for community colleges; conforming
7 provisions to changes made by the act;
8 reenacting and amending s. 240.337, F.S.;
9 requiring each district board of trustees to
10 adopt rules governing personnel records;
11 reenacting and amending s. 240.339, F.S.;
12 providing for a letter of appointment for
13 administrative and instructional staff;
14 reenacting and amending s. 240.341, F.S.;
15 revising requirements for required classroom
16 contact hours; reenacting and amending s.
17 240.343, F.S., relating to sick leave; deleting
18 obsolete provisions; reenacting 240.344, F.S.,
19 relating to retirement annuities; reenacting
20 and amending s. 240.345, F.S., relating to
21 financial support of community colleges;
22 requiring the State Board of Education to adopt
23 rules for deferring student fees; reenacting
24 and amending s. 240.347, F.S., relating to the
25 State Community College Program Fund; deleting
26 obsolete provisions; reenacting s. 240.349,
27 F.S., relating to requirements for
28 participation in the Community College Program
29 Fund; reenacting and amending s. 240.35, F.S.,
30 relating to student fees; authorizing a
31 district board of trustees to set matriculation
25
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CS for CS for SB 1564 First Engrossed
1 and tuition fees, based on a fee schedule
2 adopted by the State Board of Education;
3 providing for the designation of fees for
4 technology improvement; authorizing a district
5 board to establish separate fees; reenacting s.
6 240.353, F.S., relating to a procedure for
7 determining the number of instruction units;
8 reenacting and amending s. 240.3575, F.S.,
9 relating to economic development centers;
10 authorizing the State Board of Education to
11 award grants; reenacting and amending s.
12 240.359, F.S., relating to state financial
13 support and annual apportionment of funds;
14 eliminating provisions providing for funding
15 programs for disabled students; conforming
16 provisions to changes made by the act;
17 reenacting and amending s. 240.36, F.S.;
18 renaming the Dr. Philip Benjamin Academic
19 Improvement Program for Community Colleges;
20 consolidating current matching grant programs;
21 establishing guidelines for contributions;
22 revising the allocation process; reenacting and
23 amending s. 240.361, F.S., relating to budgets
24 for community colleges; requiring the Division
25 of Community Colleges to review budgets;
26 reenacting and amending s. 240.363, F.S.,
27 relating to financial accounting and
28 expenditures; requiring the State Board of
29 Education to adopt rules; authorizing a
30 district board of trustees to adopt rules for
31 transferring funds to direct-support
26
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CS for CS for SB 1564 First Engrossed
1 organizations; reenacting s. 240.364, F.S.,
2 relating to prohibited expenditures; reenacting
3 s. 240.365, F.S., relating to delinquent
4 accounts; reenacting and amending s. 240.367,
5 F.S., relating to current loans to community
6 college district boards of trustees;
7 transferring approval power from the Department
8 of Education to the State Board of Education;
9 reenacting s. 240.369, F.S., relating to an
10 exemption provided for community colleges from
11 regulation by a county civil service
12 commission; reenacting s. 240.371, F.S.,
13 relating to the transfer of benefits arising
14 under local or special acts; reenacting and
15 amending s. 240.375, F.S., relating to costs
16 for civil actions against officers, employees,
17 or agents of district boards of trustees;
18 providing that failure of a board to take
19 certain actions does not constitute a cause of
20 action against the board; reenacting and
21 amending s. 240.376, F.S.; providing
22 responsibilities of a board of trustees with
23 respect to property held for the benefit of the
24 community colleges; reenacting and amending s.
25 240.3763, F.S.; providing requirements for a
26 district board of trustees with respect to
27 self-insurance services; reenacting and
28 amending s. 240.377, F.S.; clarifying the
29 authority of a district board of trustees over
30 the budget for promotions and public relations;
31 reenacting s. 240.379, F.S., relating to the
27
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CS for CS for SB 1564 First Engrossed
1 applicability of certain laws to community
2 colleges; reenacting and amending s. 240.38,
3 F.S., relating to community college police;
4 defining the term "campus"; eliminating
5 requirements that certain personnel rules
6 conform to the Career Service System;
7 reenacting s. 240.3815, F.S., relating to
8 reporting campus crime statistics; reenacting
9 and amending s. 240.382, F.S., relating to
10 child development training centers; conforming
11 provisions to changes made by the act;
12 reenacting and amending s. 240.383, F.S.,
13 relating to the State Community College
14 Facility Enhancement Challenge Grant Program;
15 conforming provisions to changes made by the
16 act; reenacting and amending s. 240.3836, F.S.,
17 relating to site-determined baccalaureate
18 access; specifying duties of the State Board of
19 Education; reenacting and amending s. 240.384,
20 F.S., relating to training school consolidation
21 pilot projects; providing for the State Board
22 of Education to make certain budget requests
23 with respect to a project; redesignating part
24 IV of ch. 240, F.S., as "State-funded Student
25 Assistance"; reenacting s. 240.40, F.S.,
26 relating to the State Student Financial
27 Assistance Trust Fund; reenacting and amending
28 s. 240.4015, F.S.; redesignating the Florida
29 Merit Scholarship Program as the Florida
30 Medallion Scholarship Program; reenacting and
31 amending s. 240.40201, F.S.; revising the
28
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CS for CS for SB 1564 First Engrossed
1 eligibility period for the Florida Bright
2 Futures Scholarship Program; conforming
3 provisions to changes made by the act;
4 reenacting and amending ss. 240.40202,
5 240.40203, 240.40204, F.S.; revising
6 eligibility requirements for the Florida Bright
7 Futures Scholarship Program; revising
8 application dates; requiring certain reports
9 concerning a high school student's progress
10 toward eligibility for an award; providing for
11 initial acceptance of a scholarship to conform
12 to changes made by the act; prohibiting awards
13 to students earning credit hours designated at
14 the postbaccalaureate level; eliminating
15 obsolete provisions; reenacting and amending
16 ss. 240.40205, 240.40206, 240.40207, F.S.,
17 relating to Florida Academic Scholars awards;
18 conforming provisions to changes made by the
19 act; eliminating obsolete provisions; providing
20 for the calculation of awards; repealing s.
21 240.40208, F.S., relating to a transition from
22 certain scholarships to the Bright Futures
23 Program; reenacting and amending s. 240.40209,
24 F.S.; requiring that awards be calculated using
25 fees prescribed by the Department of Education;
26 reenacting s. 240.40242, F.S., relating to the
27 use of criteria under the Bright Futures
28 Program for scholarships for children of
29 deceased or disabled veterans; reenacting and
30 amending s. 240.404, F.S.; revising eligibility
31 requirements for state-funded student
29
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CS for CS for SB 1564 First Engrossed
1 assistance; conforming provisions to changes
2 made by the act; reenacting and amending s.
3 240.40401, F.S.; revising requirements for
4 developing the state-funded student assistance
5 database; reenacting ss. 240.4041, 240.4042,
6 F.S., relating to state financial aid for
7 students with a disability and the appeal
8 process for financial aid; creating s.
9 240.4043, F.S.; providing state-funded fee
10 waivers for certain students at state
11 universities, public postsecondary education
12 institutions, technical centers, and community
13 colleges; reenacting and amending s. 240.405,
14 F.S.; providing for state-funded assistance for
15 school employees; requiring that the Department
16 of Education administer the program; providing
17 for loan repayments and tuition reimbursement
18 of college expenses for students who are
19 employed in areas of certain critical
20 shortages; providing for a loan forgiveness
21 program; providing for a grant program;
22 providing for a minority teacher education
23 scholars program; providing eligibility
24 requirements; repealing ss. 240.4063, 240.4064,
25 240.4065, F.S., relating to the Florida Teacher
26 Scholarship and Forgivable Loan Program, the
27 Critical Teacher Shortage Tuition Reimbursement
28 Program, and the Critical Teacher Shortage
29 Program; reenacting s. 240.4067, F.S., relating
30 to the Medical Education Reimbursement and Loan
31 Repayment Program; repealing s. 240.40685,
30
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CS for CS for SB 1564 First Engrossed
1 F.S., relating to the Certified Education
2 Paraprofessional Welfare Transition Program;
3 reenacting and amending s. 240.4069, F.S.,
4 relating to the Virgil Hawkins Fellows
5 Assistance Program; providing for the
6 fellowship to be available to minority students
7 enrolled at all public law schools in the
8 state; conforming provisions to changes made by
9 the act; reenacting ss. 240.4075, 240.4076,
10 F.S., relating to the Nursing Student Loan
11 Forgiveness Program and the nursing scholarship
12 program; repealing s. 240.4082, F.S., relating
13 to the Teacher/Quest Scholarship Program;
14 reenacting and amending s. 240.409, F.S.;
15 providing for a Student Assistance Grant
16 Program; incorporating provisions governing
17 certain need-based student grants; revising the
18 eligibility period for certain state-funded,
19 need-based student assistance programs;
20 conforming provisions to changes made by the
21 act; requiring the State Board of Education to
22 adopt rules; repealing ss. 240.4095, 240.4097,
23 F.S., relating to the Florida Private Student
24 Assistance Grant Program and the Florida
25 Postsecondary Student Assistance Grant Program;
26 reenacting and amending s. 240.4098, F.S.;
27 providing requirements for state-funded student
28 assistance; repealing s. 240.40985, F.S.,
29 relating to Elderly Education Program Grants;
30 reenacting and amending s. 240.412, F.S.,
31 relating to the Jose Marti Scholarship
31
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CS for CS for SB 1564 First Engrossed
1 Challenge Grant Program; revising eligibility
2 requirements; reenacting s. 240.4125, F.S.,
3 relating to the Mary McLeod Bethune Scholarship
4 Program; reenacting and amending s. 240.4126,
5 F.S.; authorizing certain scholarships under
6 the Rosewood Family Scholarship Program;
7 reenacting s. 240.4128, F.S., relating to the
8 minority teacher education scholars program;
9 reenacting and amending s. 240.4129, F.S.;
10 revising the appointment of members to the
11 Florida Fund for Minority Teachers, Inc., to
12 conform to changes made by the act; reenacting
13 and amending s. 240.413, F.S., relating to the
14 Seminole and Miccosukee Indian Scholarships;
15 revising eligibility requirements; repealing
16 ss. 240.414, 240.4145, 240.4146, 240.417, F.S.,
17 relating to the Latin American and Caribbean
18 Basin Scholarship Program, the African and
19 Afro-Caribbean Scholarship Program, the
20 Nicaraguan and Haitian Scholarship Program, and
21 increased registration or tuition fees for
22 funding financial aid programs; reenacting s.
23 240.418, F.S., relating to need-based financial
24 aid; reenacting and amending s. 240.421, F.S.;
25 creating the Florida Advisory Council for
26 State-Funded Student Assistance; conforming
27 provisions to changes made in the act;
28 reenacting and amending s. 240.424, F.S.;
29 revising duties of the Department of Education
30 to conform to changes made in the act;
31 reenacting ss. 240.429, 240.431, F.S., relating
32
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CS for CS for SB 1564 First Engrossed
1 to certain activities of the department and
2 funding; reenacting and amending s. 240.437,
3 F.S.; providing for developing and
4 administering state-funded student assistance;
5 reenacting ss. 240.439, 240.441, 240.447,
6 240.449, 240.451, 240.453, 240.457, 240.459,
7 240.4595, 240.461, 240.463, F.S., relating to
8 the Student Loan Program; reenacting and
9 amending s. 240.465, F.S., relating to the
10 handling of delinquent accounts by the
11 Department of Education; reenacting ss. 240.47,
12 240.471, 240.472, 240.473, 240.474, 240.475,
13 240.476, 240.477, 240.478, 240.479, 240.48,
14 240.481, 240.482, 240.483, 240.484, 240.485,
15 240.486, 240.487, 240.488, 240.489, 240.49,
16 240.491, 240.492, 240.493, 240.494, 240.495,
17 240.496, 240.497, F.S., relating to the Florida
18 Higher Education Loan Act; reenacting s.
19 240.4975, F.S., relating to the authority of
20 the State Board of Administration to borrow and
21 lend funds to finance student loans; reenacting
22 and amending s. 240.498, F.S.; revising
23 requirements for appointing members to the
24 board of the Florida Education Fund; repealing
25 s. 240.4986, F.S., relating to the Health Care
26 Education Quality Enhancement Challenge Grant
27 Program for Community Colleges; reenacting and
28 amending s. 240.4987, F.S.; expanding the
29 institutions participating in the Florida
30 Minority Medical Education Program; reenacting
31 ss. 240.4988, 240.4989, F.S., relating to the
33
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CS for CS for SB 1564 First Engrossed
1 Theodore R. and Vivian M. Johnson Scholarship
2 Program and educational leadership enhancement
3 grants; creating s. 240.499, F.S.; providing
4 for the William L. Boyd, IV, Florida resident
5 access grants; providing requirements for
6 eligibility; providing a funding formula;
7 creating s. 240.4991, F.S.; providing for an
8 Ethics in Business Scholarship Program;
9 creating s. 240.4992, F.S.; providing for
10 ethics in business scholarships; authorizing
11 the State Board of Education to adopt rules;
12 creating s. 240.4993, F.S.; providing for a
13 Florida Work Experience Program; providing for
14 eligibility; requiring the department to adopt
15 rules; reenacting and amending s. 240.501,
16 F.S.; revising provisions authorizing the Board
17 of Trustees of the University of Florida to
18 receive grants of money appropriated under a
19 specified Act of Congress; requiring that
20 agricultural and home economics extension work
21 be carried on in connection with the Institute
22 of Food and Agricultural Sciences; repealing s.
23 240.503, F.S., relating to assent by the
24 Legislature to receive certain grants; creating
25 s. 240.504, F.S.; providing the assent of the
26 Legislature to provisions of a specified Act of
27 Congress; authorizing the Board of Trustees of
28 Florida Agricultural and Mechanical University
29 to receive certain grants; reenacting and
30 amending s. 240.505, F.S.; providing for the
31 administration of and program support for the
34
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CS for CS for SB 1564 First Engrossed
1 Florida Cooperative Extension Service;
2 providing for extension agents to be appointed
3 as faculty members; providing for joint
4 employment and personnel policies; requiring
5 availability of certain program materials;
6 reenacting and amending s. 240.507, F.S.;
7 authorizing the Institute of Food and
8 Agricultural Sciences to pay the employer's
9 share of certain required premiums; reenacting
10 s. 240.5095, F.S., relating to research and
11 development programs funded by pari-mutual
12 wagering revenues; reenacting and amending s.
13 240.511, F.S.; authorizing acceptance of
14 certain federal appropriations for the
15 Institute of Food and Agricultural Sciences;
16 reenacting and amending s. 240.5111, F.S.,
17 relating to the Multidisciplinary Center for
18 Affordable Housing; conforming provisions to
19 changes made by the act; reenacting and
20 amending ss. 240.512, 240.5121, F.S.; revising
21 certain provisions for use of lands and
22 facilities on the campus of the University of
23 South Florida; revising requirements for the
24 not-for-profit corporation operating the H. Lee
25 Moffitt Cancer Center and Research Institute;
26 establishing an approval process for
27 not-for-profit corporate subsidiaries;
28 providing conditions for sovereign immunity for
29 the not-for-profit corporation and its
30 subsidiaries; providing duties of a chief
31 executive officer; providing duties of the
35
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CS for CS for SB 1564 First Engrossed
1 State Board of Education; conforming provisions
2 to changes made by the act; authorizing the
3 State Board of Education to adopt rules;
4 reenacting and amending s. 240.513, F.S.,
5 relating to the J. Hillis Miller Health Center
6 at the University of Florida; including
7 additional teaching hospitals as part of the
8 center; providing duties of the university
9 board of trustees; conforming provisions to
10 changes made by the act; reenacting and
11 amending s. 240.5135, F.S., relating to Shands
12 Jacksonville Healthcare, Inc.; authorizing the
13 Board of Trustees of the University of Florida
14 to secure liability coverage; eliminating
15 references to the Board of Regents; reenacting
16 and amending s. 240.514, F.S.; eliminating
17 authorization of the Louis De La Parte Florida
18 Mental Health Institute to use the pay plan of
19 the State University System; reenacting s.
20 240.515, F.S., relating to the Florida Museum
21 of Natural History; reenacting s. 240.516,
22 F.S., relating to vertebrate paleontological
23 sites and remains; reenacting s. 240.5161,
24 F.S., relating to the program of vertebrate
25 paleontology within the Florida Museum of
26 Natural History; reenacting and amending s.
27 240.5162, F.S., relating to field investigation
28 permits; conforming a cross-reference;
29 reenacting s. 240.5163, F.S., relating to the
30 preservation of certain rights of mine or
31 quarry operators and dragline or heavy
36
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CS for CS for SB 1564 First Engrossed
1 equipment operations; reenacting and amending
2 s. 240.517, F.S., relating to the furnishing of
3 books by the Clerk of the Supreme Court;
4 eliminating references to the Board of Regents;
5 reenacting s. 240.518, F.S., relating to the
6 Historically Black College and University
7 Library Improvement Program; amending s.
8 240.5185, F.S.; providing for small grants to
9 faith-based organizations for partnerships with
10 universities and colleges; eliminating obsolete
11 reporting requirements; repealing s.
12 240.5186(10), F.S., relating to the community
13 computer access grant program; eliminating
14 obsolete reporting requirements; repealing ss.
15 240.519, 240.52, F.S., relating to a school of
16 optometry and collections management for
17 museums and galleries of the State University
18 System; reenacting and amending s. 240.527,
19 F.S., relating to the University of South
20 Florida at St. Petersburg; providing duties of
21 the State Board of Education; eliminating
22 obsolete funding requirements; providing
23 rulemaking authority; amending s. 240.5275,
24 F.S., relating to the University of South
25 Florida Sarasota/Manatee; conforming provisions
26 to changes made by the act; providing
27 rulemaking authority; amending s. 240.5277,
28 F.S., relating to New College of Florida;
29 conforming provisions; providing that the
30 student body president is an ex officio, voting
31 member of the board of trustees; amending s.
37
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CS for CS for SB 1564 First Engrossed
1 240.5278, F.S.; revising requirements for
2 certain policies of St. Petersburg College;
3 providing duties of the State Board of
4 Education; requiring that the Commissioner of
5 Education resolve issues involving
6 upper-division students; eliminating obsolete
7 provisions; repealing ss. 240.528, 240.5285,
8 F.S., relating to the Broward County campuses
9 of Florida Atlantic University and the Florida
10 Atlantic University campuses; reenacting and
11 amending s. 240.529, F.S., relating to public
12 accountability and state approval for teacher
13 preparation programs; eliminating obsolete
14 provisions; authorizing colleges to establish
15 preteacher and teacher education pilot
16 programs; repealing ss. 240.52901, 240.5291,
17 240.53, F.S., relating to rules for teaching
18 students with limited English proficiency,
19 teaching profession enhancement grants, and
20 postdoctoral programs to train faculty to
21 provide middle childhood education training and
22 technical assistance; reenacting and amending
23 s. 240.531, F.S.; providing for governance of
24 educational research centers by the university
25 board of trustees rather than the Board of
26 Regents; authorizing boards of trustees to
27 adopt rules; authorizing funding using a
28 portion of the Capital Improvement Trust Fund;
29 reenacting and amending s. 240.5321, F.S.;
30 requiring the State Board of Education rather
31 than the Board of Regents to establish a Center
38
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CS for CS for SB 1564 First Engrossed
1 for Brownfield Rehabilitation Assistance;
2 reenacting and amending s. 240.5325, F.S.;
3 providing duties of the State Board of
4 Education and the Commissioner of Education
5 with respect to research activities relating to
6 solid and hazardous waste management;
7 eliminating obsolete provisions; repealing s.
8 240.5326, F.S., relating to research protocols
9 to determine the most appropriate pollutant
10 dispersal agents; reenacting s. 240.5329, F.S.,
11 relating to the Florida LAKEWATCH Program;
12 reenacting and amending s. 240.533, F.S.;
13 creating the Council on Equity in Athletics
14 from among the state universities and colleges;
15 requiring the Commissioner of Education to
16 serve as chair of the council; providing for
17 membership on the council; requiring the State
18 Board of Education to determine the level of
19 funding and support for women's intercollegiate
20 athletics; requiring gender equity plans;
21 eliminating obsolete provisions; repealing ss.
22 240.5339, 240.5340, 240.5341, 240.5342,
23 240.5343, 240.5344, 240.5345, 240.5346,
24 240.5347, 240.5348, 240.5349, F.S., relating to
25 the Collegiate Athletic Association Compliance
26 Enforcement Procedures Act; reenacting and
27 amending s. 240.535, F.S.; assigning the New
28 World School of the Arts to the State Board of
29 Education and other entities; conforming
30 provisions to changes made by the act;
31 repealing ss. 240.539, 240.540, 240.541, F.S.,
39
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CS for CS for SB 1564 First Engrossed
1 relating to advanced technology research, the
2 incubator facilities program, and postsecondary
3 education programs of excellence; amending s.
4 240.551, F.S., relating to the Florida Prepaid
5 College Program; conforming provisions to
6 changes made by the act; including certain
7 colleges within state postsecondary
8 institutions; providing for the Attorney
9 General, the Chief Financial Officer, the
10 Director of the Division of Colleges and
11 Universities, and the Director of the Division
12 of Community Colleges to be members of the
13 Florida Prepaid College Board; requiring the
14 Chief Financial Officer to approve qualified
15 public depositories; providing for strategic
16 alliances with certain entities; reenacting s.
17 240.552, F.S., relating to the Florida Prepaid
18 Tuition Scholarship Program; reenacting and
19 amending s. 240.553, F.S.; authorizing the
20 Florida College Savings Program Board to
21 establish agreements with colleges; authorizing
22 alliances with certain entities; repealing ss.
23 240.6045, 240.605, 240.6054, 240.606, F.S.,
24 relating to the limited-access competitive
25 grant program, William L. Boyd, IV, Florida
26 resident access grants, ethics in business
27 scholarships, and the Florida Work Experience
28 Program; reenacting and amending s. 240.607,
29 F.S.; authorizing community college boards of
30 trustees to develop and sign articulation
31 agreements; eliminating obsolete provisions;
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1 repealing ss. 240.6071, 240.6072, 240.6073,
2 240.6074, 240.6075, 240.609, F.S., relating to
3 the occupational therapist or physical
4 therapist critical shortage program, a student
5 loan forgiveness program, a scholarship loan
6 program, a tuition reimbursement program, and
7 postsecondary endowment grants; reenacting and
8 amending s. 240.61, F.S., relating to the
9 college reach-out program; conforming
10 provisions to changes made by the act;
11 eliminating a requirement that the State Board
12 of Education give preference to a program that
13 identifies participants from among students who
14 are not already enrolled in similar programs;
15 eliminating a requirement that certain
16 appropriations be for initiatives and
17 performances; revising the membership of the
18 advisory council; requiring that the
19 Commissioner of Education appoint members to
20 the advisory council unless otherwise provided;
21 authorizing representation from the Council for
22 Education Policy Research and Improvement,
23 state colleges, universities, community
24 colleges, and equal opportunity coordinators;
25 revising reporting requirements; eliminating
26 funding requirements; reenacting s. 240.631,
27 F.S., relating to the Institute for
28 Nonviolence; reenacting and amending s.
29 240.632, F.S.; requiring the State Board of
30 Education to establish the Institute for
31 Nonviolence; revising membership of the
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1 advisory board; reenacting ss. 240.633,
2 240.634, F.S., relating to the powers and
3 duties of the Institute for Nonviolence and
4 institute fellowships; reenacting and amending
5 s. 240.636, F.S., relating to research of the
6 Rosewood incident; eliminating obsolete
7 provisions; reenacting and amending s. 240.70,
8 F.S.; including state colleges in provisions
9 for courses to assist substance-abuse
10 recognition and referral; reenacting and
11 amending s. 240.701, F.S.; including state
12 colleges in provisions establishing incentives
13 for internships for disadvantaged areas;
14 reenacting and amending s. 240.702, F.S.;
15 authorizing the Commissioner of Education to
16 designate a conflict resolution consortium
17 center; eliminating obsolete provisions;
18 reenacting and amending s. 240.705, F.S.;
19 authorizing colleges to participate in
20 partnerships to develop child protection
21 workers; reenacting and amending s. 240.706,
22 F.S., relating to the Leadership Board for
23 Applied Public Services; conforming provisions
24 to changes made by the act; reenacting and
25 amending s. 240.709, F.S.; including state
26 colleges in provisions creating the Institute
27 on Urban Policy and Commerce; amending s.
28 240.710, F.S.; authorizing the State Board of
29 Education to create the Digital Media Education
30 Coordination Group; eliminating obsolete
31 provisions; amending ss. 240.7101, 240.7105,
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1 F.S., relating to the colleges of law at
2 Florida International University and Florida
3 Agricultural and Mechanical University;
4 conforming provisions to changes made by the
5 act; amending s. 240.711, 242.3305, F.S.,
6 relating to the Ringling Center for Cultural
7 Arts and the School for the Deaf and the Blind;
8 conforming cross-references; amending ss.
9 243.01, 243.105, 243.141, 243.151, F.S.,
10 relating to the educational institutions law;
11 providing for the State Board of Education to
12 assume the duties of the former Board of
13 Regents; eliminating obsolete references;
14 authorizing university and college boards of
15 trustees to enter into certain agreements to
16 lease land, purchase, or lease-purchase certain
17 lands, facilities, and related improvements;
18 providing that all agreements executed by the
19 former Board of Regents for certain purposes
20 are validated, ratified, and confirmed;
21 amending s. 243.52, F.S.; revising definitions
22 governing the funding of educational facilities
23 to conform to changes made by the act; amending
24 s. 282.005, F.S., relating to information
25 resources management; assigning certain
26 functions to the boards of trustees of
27 universities, colleges, and community colleges;
28 amending ss. 282.103, 282.105, F.S.; requiring
29 state universities, colleges, and other
30 entities to use SUNCOM; amending s. 282.106,
31 F.S.; providing for SUNCOM service to the
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1 libraries of state colleges and universities;
2 amending s. 282.3031, F.S.; assigning functions
3 of information resources management to boards
4 of trustees of universities, colleges, and
5 community colleges; amending ss. 282.3063,
6 282.310, F.S.; eliminating a requirement that
7 the State University System submit a specified
8 planning and management report to the State
9 Technology Office; requiring that an annual
10 report include such planning and management
11 information from annual reports prepared by the
12 university and college boards of trustees and
13 the community college district boards of
14 trustees; eliminating obsolete provisions;
15 amending s. 284.34, F.S.; excluding
16 professional medical liability and nuclear
17 energy liability of the university boards of
18 trustees from the State Risk Management Trust
19 Fund; eliminating obsolete provisions; amending
20 s. 287.042, F.S., relating to state purchasing;
21 conforming a cross-reference to changes made by
22 the act; amending s. 447.203, F.S.;
23 establishing the university and college boards
24 of trustees as a public employer rather than
25 the former Board of Regents; eliminating
26 provisions authorizing graduate assistants as
27 nonpublic employees; providing that the
28 university or college board of trustees is the
29 legislative body for purposes of collective
30 bargaining; providing requirements for
31 selecting a student representative for
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1 collective bargaining purposes; amending s.
2 447.301, F.S.; eliminating provisions
3 authorizing reimbursement for university
4 representatives for travel and per diem
5 expenses from student activity fees; amending
6 s. 447.403, F.S.; revising provisions for
7 resolving disputes involving a collective
8 bargaining agreement; eliminating obsolete
9 provisions; amending s. 766.112, F.S.;
10 prescribing applicability of provisions
11 relating to comparative fault to boards of
12 trustees; amending s. 768.28, F.S.; providing
13 venue in actions brought against boards of
14 trustees; providing applicability of provisions
15 relating to waiver of sovereign immunity to
16 boards of trustees; amending s. 626.852, F.S.;
17 providing inapplicability of provisions
18 relating to insurance adjusters to employees
19 and agents of a board of trustees; amending s.
20 627.912, F.S.; requiring certain reports with
21 respect to actions for damages caused by
22 employees or agents of a board of trustees;
23 designating certain buildings and roads at
24 state universities with the names of living
25 persons; requiring certain universities, the
26 Department of Management Services, and the
27 Department of Transportation to erect markers;
28 creating the Florida Alzheimer's Center and
29 Research Institute; requiring facilities to be
30 provided at the University of South Florida;
31 creating a not-for-profit corporation as an
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1 instrumentality of the state; authorizing
2 receipt of moneys, a board of directors, and a
3 chief executive officer; requiring certain
4 accounting practices; providing contingency
5 plans for continuation of governance in certain
6 situations; providing for appointment of
7 members; authorizing a demonstration program to
8 be called Learning Gateway; creating a steering
9 committee; providing for membership and
10 appointment of steering committee members;
11 establishing duties of the steering committee;
12 authorizing demonstration projects in specified
13 counties; authorizing designated agencies to
14 provide confidential information to such
15 program; providing for funding; providing
16 effective dates.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 11.061, Florida Statutes, is
21 amended to read:
22 11.061 State, university, college, and community
23 college employee lobbyists; registration; recording
24 attendance; penalty; exemptions.--
25 (1) Any person employed by any executive, judicial, or
26 quasi-judicial department of the state or community college,
27 college, or university of the state who seeks to encourage the
28 passage, defeat, or modification of any legislation by
29 personal appearance or attendance before the House of
30 Representatives or the Senate, or any committee thereof,
31 shall, prior thereto, register as a lobbyist with the joint
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1 legislative office on a form to be provided by the joint
2 legislative office in the same manner as any other lobbyist is
3 required to register, whether by rule of either house or
4 otherwise. This shall not preclude any person from contacting
5 her or his legislator regarding any matter during hours other
6 than the established business hours of the person's respective
7 agency, university, college, or community college.
8 (2)(a) Each state, university, college, or community
9 college employee or employee of a community college registered
10 pursuant to the provisions of this section shall:
11 1. Record with the chair of the committee any
12 attendance before any committee during established business
13 hours of the agency, university, college, or community college
14 employing the person.
15 2. Record with the joint legislative office any
16 attendance in the legislative chambers, committee rooms,
17 legislative offices, legislative hallways, and other areas in
18 the immediate vicinity during the established business hours
19 of the agency, university, college, or community college
20 employing the person.
21 (b) Any person who appears before a committee or
22 subcommittee of the House of Representatives or the Senate at
23 the request of the committee or subcommittee chair as a
24 witness or for informational purposes shall be exempt from the
25 provisions of this subsection.
26 (3) Any state, university, college, or community
27 college employee or employee of a community college who
28 violates any provision of this section by not registering with
29 the joint legislative office as a lobbyist or by failing to
30 record hours spent as a lobbyist in areas and activities as
31 set forth in this section during the established business
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1 hours of the agency, university, college, or community college
2 employing the person shall have deducted from her or his
3 salary an amount equivalent to her or his hourly wage times
4 the number of hours that she or he was in violation of this
5 section.
6 (4) Any person employed by any executive, judicial, or
7 quasi-judicial department of the state or by any community
8 college, college, or university of the state whose position is
9 designated in that department's budget as being used during
10 all, or a portion of, the fiscal year for lobbying shall
11 comply with the provisions of subsection (1), but shall be
12 exempt from the provisions of subsections (2) and (3).
13 Section 2. Paragraphs (a), (b), and (c) of subsection
14 (2) of section 11.062, Florida Statutes, are amended to read:
15 11.062 Use of state funds for lobbying prohibited;
16 penalty.--
17 (2)(a) A department of the executive branch, a state
18 university, a state college, a community college, or a water
19 management district may not use public funds to retain a
20 lobbyist to represent it before the legislative or executive
21 branch. However, full-time employees of a department of the
22 executive branch, a state university, a state college, a
23 community college, or a water management district may register
24 as lobbyists and represent that employer before the
25 legislative or executive branch. Except as a full-time
26 employee, a person may not accept any public funds from a
27 department of the executive branch, a state university, a
28 state college, a community college, or a water management
29 district for lobbying.
30 (b) A department of the executive branch, a state
31 university, a state college, a community college, or a water
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1 management district that violates this subsection may be
2 prohibited from lobbying the legislative or executive branch
3 for a period not exceeding 2 years.
4 (c) This subsection shall not be construed to prohibit
5 a department of the executive branch, a state university, a
6 state college, a community college, or a water management
7 district from retaining a lobbyist for purposes of
8 representing the entity before the executive or legislative
9 branch of the Federal Government. Further, any person so
10 retained is not subject to the prohibitions of this
11 subsection.
12 Section 3. Paragraphs (b), (c), (f), (g), and (h) of
13 subsection (2) of section 110.123, Florida Statutes, are
14 amended to read:
15 110.123 State group insurance program.--
16 (2) DEFINITIONS.--As used in this section, the term:
17 (b) "Enrollee" means all state officers and employees,
18 retired state officers and employees, surviving spouses of
19 deceased state officers and employees, and terminated
20 employees or individuals with continuation coverage who are
21 enrolled in an insurance plan offered by the state group
22 insurance program. "Enrollee" includes all state university
23 and college officers and employees, retired state university
24 and college officers and employees, surviving spouses of
25 deceased state university and college officers and employees,
26 and terminated university and college employees or individuals
27 with continuation coverage who are enrolled in an insurance
28 plan offered by the state group insurance program.
29 (c) "Full-time state employees" includes all full-time
30 employees of all branches or agencies of state government
31 holding salaried positions and paid by state warrant or from
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1 agency funds, and employees paid from regular salary
2 appropriations for 8 months' employment, including university
3 personnel on academic contracts, but in no case shall "state
4 employee" or "salaried position" include persons paid from
5 other-personal-services (OPS) funds. "Full-time employees"
6 includes all full-time employees of the state universities and
7 colleges.
8 (f) "Part-time state employee" means any employee of
9 any branch or agency of state government paid by state warrant
10 from salary appropriations or from agency funds, and who is
11 employed for less than the normal full-time workweek
12 established by the department or, if on academic contract or
13 seasonal or other type of employment which is less than
14 year-round, is employed for less than 8 months during any
15 12-month period, but in no case shall "part-time" employee
16 include a person paid from other-personal-services (OPS)
17 funds. "Part-time state employee" includes any part-time
18 employee of the state universities and colleges.
19 (g) "Retired state officer or employee" or "retiree"
20 means any state, university, or college officer or state,
21 university, or college employee who retires under a state
22 retirement system or a state optional annuity or retirement
23 program or is placed on disability retirement, and who was
24 insured under the state group insurance program at the time of
25 retirement, and who begins receiving retirement benefits
26 immediately after retirement from state, university, or
27 college office or employment.
28 (h) "State agency" or "agency" means any branch,
29 department, or agency of state government. "State agency" or
30 "agency" includes any state university or college for purposes
31 of this section only.
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1 Section 4. Subsection (6) of section 120.52, Florida
2 Statutes, is amended to read:
3 120.52 Definitions.--As used in this act:
4 (6) "Educational unit" means a local school district,
5 a community college district, the Florida School for the Deaf
6 and the Blind, a state university, or a state college or a
7 unit of the State University System other than the Board of
8 Regents.
9 Section 5. Paragraph (a) of subsection (1) and
10 paragraph (a) of subsection (4) of section 120.55, Florida
11 Statutes, are amended to read:
12 120.55 Publication.--
13 (1) The Department of State shall:
14 (a)1. Publish in a permanent compilation entitled
15 "Florida Administrative Code" all rules adopted by each
16 agency, citing the specific rulemaking authority pursuant to
17 which each rule was adopted, all history notes as authorized
18 in s. 120.545(9), and complete indexes to all rules contained
19 in the code. Supplementation shall be made as often as
20 practicable, but at least monthly. The department may
21 contract with a publishing firm for the publication, in a
22 timely and useful form, of the Florida Administrative Code;
23 however, the department shall retain responsibility for the
24 code as provided in this section. This publication shall be
25 the official compilation of the administrative rules of this
26 state. The Department of State shall retain the copyright
27 over the Florida Administrative Code.
28 2. Rules general in form but applicable to only one
29 school district, community college district, or county, or a
30 part thereof, or university or college rules relating to
31 internal personnel or business and finance shall not be
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1 published in the Florida Administrative Code. Exclusion from
2 publication in the Florida Administrative Code shall not
3 affect the validity or effectiveness of such rules.
4 3. At the beginning of the section of the code dealing
5 with an agency that files copies of its rules with the
6 department, the department shall publish the address and
7 telephone number of the executive offices of each agency, the
8 manner by which the agency indexes its rules, a listing of all
9 rules of that agency excluded from publication in the code,
10 and a statement as to where those rules may be inspected.
11 4. Forms shall not be published in the Florida
12 Administrative Code; but any form which an agency uses in its
13 dealings with the public, along with any accompanying
14 instructions, shall be filed with the committee before it is
15 used. Any form or instruction which meets the definition of
16 "rule" provided in s. 120.52 shall be incorporated by
17 reference into the appropriate rule. The reference shall
18 specifically state that the form is being incorporated by
19 reference and shall include the number, title, and effective
20 date of the form and an explanation of how the form may be
21 obtained.
22 (4)(a) Each year the Department of State shall furnish
23 the Florida Administrative Weekly, without charge and upon
24 request, as follows:
25 1. One subscription to each federal and state court
26 having jurisdiction over the residents of the state; the
27 Legislative Library; each state university library; each state
28 college; the State Library; each depository library designated
29 pursuant to s. 257.05; and each standing committee of the
30 Senate and House of Representatives and each state legislator.
31 2. Two subscriptions to each state department.
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1 3. Three subscriptions to the library of the Supreme
2 Court of Florida, the library of each state district court of
3 appeal, the division, the library of the Attorney General,
4 each law school library in Florida, the Secretary of the
5 Senate, and the Clerk of the House of Representatives.
6 4. Ten subscriptions to the committee.
7 Section 6. Paragraphs (e) and (g) of subsection (1) of
8 section 120.81, Florida Statutes, are amended to read:
9 120.81 Exceptions and special requirements; general
10 areas.--
11 (1) EDUCATIONAL UNITS.--
12 (e) Educational units, other than the state
13 universities and colleges units of the State University System
14 and the Florida School for the Deaf and the Blind, shall not
15 be required to make filings with the committee of the
16 documents required to be filed by s. 120.54 or s.
17 120.55(1)(a)4.
18 (g) Sections 120.569 and 120.57 do not apply to any
19 proceeding in which the substantial interests of a student are
20 determined by a state university, a state college the State
21 University System or a community college district. Each
22 university and college board of trustees The Board of Regents
23 shall establish a committee, at least half of whom shall be
24 appointed by the student government association Council of
25 Student Body Presidents, which shall establish rules and
26 guidelines ensuring fairness and due process in judicial
27 proceedings involving students in the state university or
28 college State University System.
29 Section 7. Section 231.621, Florida Statutes, is
30 repealed.
31
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1 Section 8. Notwithstanding subsection (7) of section 3
2 of chapter 2000-321, Laws of Florida, section 239.117, Florida
3 Statutes, shall not stand repealed January 7, 2003, as
4 scheduled by that law, but that section is reenacted and
5 amended to read:
6 239.117 Workforce development postsecondary student
7 fees.--
8 (1) This section applies to students enrolled in
9 workforce development programs who are reported for funding
10 through the Workforce Development Education Fund, except that
11 college credit fees for the community colleges are governed by
12 s. 240.35.
13 (2) All students shall be charged fees except students
14 who are exempt from fees or students whose fees are waived.
15 (3) The following students are exempt from any
16 requirement for the payment of registration, matriculation,
17 and laboratory fees for adult basic, adult secondary, or
18 vocational-preparatory instruction:
19 (a) A student who does not have a high school diploma
20 or its equivalent.
21 (b) A student who has a high school diploma or its
22 equivalent and who has academic skills at or below the eighth
23 grade level pursuant to state board rule. A student is
24 eligible for this exemption from fees if the student's skills
25 are at or below the eighth grade level as measured by a test
26 administered in the English language and approved by the
27 Department of Education, even if the student has skills above
28 that level when tested in the student's native language.
29 (4) The following students are exempt from the payment
30 of registration, matriculation, and laboratory fees:
31
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1 (a) A student enrolled in a dual enrollment or early
2 admission program pursuant to s. 239.241.
3 (b) A student enrolled in an approved apprenticeship
4 program, as defined in s. 446.021.
5 (c) A student for whom the state is paying a foster
6 care board payment pursuant to s. 409.145(3) or pursuant to
7 parts II and III of chapter 39, for whom the permanency
8 planning goal pursuant to part III of chapter 39 is long-term
9 foster care or independent living, or who is adopted from the
10 Department of Children and Family Services after May 5, 1997.
11 Such exemption includes fees associated with enrollment in
12 vocational-preparatory instruction and completion of the
13 college-level communication and computation skills testing
14 program. Such exemption shall be available to any student
15 adopted from the Department of Children and Family Services
16 after May 5, 1997; however, the exemption shall be valid for
17 no more than 4 years after the date of graduation from high
18 school.
19 (d) A student enrolled in an employment and training
20 program under the welfare transition program. The regional
21 workforce board shall pay the community college or school
22 district for costs incurred for welfare transition program
23 participants.
24 (e) A student who lacks a fixed, regular, and adequate
25 nighttime residence or whose primary nighttime residence is a
26 public or private shelter designed to provide temporary
27 residence for individuals intended to be institutionalized, or
28 a public or private place not designed for, or ordinarily used
29 as, a regular sleeping accommodation for human beings.
30 (f) A student who is a proprietor, owner, or worker of
31 a company whose business has been at least 50 percent
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1 negatively financially impacted by the buy-out of property
2 around Lake Apopka by the State of Florida. Such a student may
3 receive a fee exemption only if the student has not received
4 compensation because of the buy-out, the student is designated
5 a Florida resident for tuition purposes, pursuant to s.
6 240.1201, and the student has applied for and been denied
7 financial aid, pursuant to s. 240.404, which would have
8 provided, at a minimum, payment of all student fees. The
9 student is responsible for providing evidence to the
10 postsecondary education institution verifying that the
11 conditions of this paragraph have been met, including support
12 documentation provided by the Department of Revenue. The
13 student must be currently enrolled in, or begin coursework
14 within, a program area by fall semester 2000. The exemption
15 is valid for a period of 4 years from the date that the
16 postsecondary education institution confirms that the
17 conditions of this paragraph have been met.
18 (3)(5) School districts and community colleges may
19 waive fees for any fee-nonexempt student. The total value of
20 fee waivers granted by the school district or community
21 college may not exceed the amount established annually in the
22 General Appropriations Act. Any student whose fees are waived
23 in excess of the authorized amount may not be reported for
24 state funding purposes. Any school district or community
25 college that waives fees and requests state funding for a
26 student in violation of the provisions of this section shall
27 be penalized at a rate equal to 2 times the value of the
28 full-time student enrollment reported.
29 (4)(6)(a) The Commissioner of Education shall provide
30 to the State Board of Education no later than December 31 of
31 each year a schedule of fees for workforce development
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1 education, excluding continuing workforce education, for
2 school districts and community colleges. The fee schedule
3 shall be based on the amount of student fees necessary to
4 produce 25 percent of the prior year's average cost of a
5 course of study leading to a certificate or diploma. At the
6 discretion of a school board or a community college, this fee
7 schedule may be implemented over a 3-year period, with full
8 implementation in the 1999-2000 school year. In years
9 preceding that year, if fee increases are necessary for some
10 programs or courses, the fees shall be raised in increments
11 designed to lessen their impact upon students already
12 enrolled. Fees for students who are not residents for tuition
13 purposes must offset the full cost of instruction.
14 Fee-nonexempt students enrolled in vocational-preparatory
15 instruction shall be charged fees equal to the fees charged
16 for certificate career education instruction. Each community
17 college that conducts college-preparatory and
18 vocational-preparatory instruction in the same class section
19 may charge a single fee for both types of instruction.
20 (b) Fees for continuing workforce education shall be
21 locally determined by the school board or community college.
22 However, at least 50 percent of the expenditures for the
23 continuing workforce education program provided by the
24 community college or school district must be derived from
25 fees.
26 (c) The State Board of Education shall adopt a fee
27 schedule for school districts that produces the fee revenues
28 calculated pursuant to paragraph (a). The schedule so
29 calculated shall take effect, unless otherwise specified in
30 the General Appropriations Act.
31
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1 (d) The State Board of Education shall adopt, by rule,
2 the definitions and procedures that school boards shall use in
3 the calculation of cost borne by students.
4 (5)(7) Each year the State Board of Community Colleges
5 shall review and evaluate the percentage of the cost of adult
6 programs and certificate career education programs supported
7 through student fees. For students who are residents for
8 tuition purposes, the schedule so adopted must produce
9 revenues equal to 25 percent of the prior year's average
10 program cost for college-preparatory and certificate-level
11 workforce development programs. Fees for continuing workforce
12 education shall be locally determined by the school board or
13 community college. However, at least 50 percent of the
14 expenditures for the continuing workforce education program
15 provided by the community college or school district must be
16 derived from fees. Fees for students who are not residents for
17 tuition purposes must offset the full cost of instruction.
18 (6)(8) Each school board and community college board
19 of trustees may establish a separate fee for financial aid
20 purposes in an additional amount of up to 10 percent of the
21 student fees collected for workforce development programs
22 funded through the Workforce Development Education Fund. All
23 fees collected shall be deposited into a separate workforce
24 development student financial aid fee trust fund of the
25 district or community college to support students enrolled in
26 workforce development programs. Any undisbursed balance
27 remaining in the trust fund and interest income accruing to
28 investments from the trust fund shall increase the total funds
29 available for distribution to workforce development education
30 students. Awards shall be based on student financial need and
31 distributed in accordance with a nationally recognized system
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1 of need analysis approved by the State Board for Career
2 Education. Fees collected pursuant to this subsection shall be
3 allocated in an expeditious manner.
4 (7)(9) The State Board of Education and the State
5 Board of Community Colleges shall adopt rules to allow the
6 deferral of registration and tuition fees for students
7 receiving financial aid from a federal or state assistance
8 program when such aid is delayed in being transmitted to the
9 student through circumstances beyond the control of the
10 student. The failure to make timely application for such aid
11 is an insufficient reason to receive a deferral of fees. The
12 rules must provide for the enforcement and collection or other
13 settlement of delinquent accounts.
14 (8)(10) Any veteran or other eligible student who
15 receives benefits under chapter 30, chapter 31, chapter 32,
16 chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106
17 of Title 10, U.S.C., is entitled to one deferment each
18 academic year and an additional deferment each time there is a
19 delay in the receipt of benefits.
20 (9)(11) Each school district and community college
21 shall be responsible for collecting all deferred fees. If a
22 school district or community college has not collected a
23 deferred fee, the student may not earn state funding for any
24 course for which the student subsequently registers until the
25 fee has been paid.
26 (10)(12) Any school district or community college that
27 reports students who have not paid fees in an approved manner
28 in calculations of full-time equivalent enrollments for state
29 funding purposes shall be penalized at a rate equal to 2 times
30 the value of such enrollments. Such penalty shall be charged
31 against the following year's allocation from the Florida
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1 Workforce Development Education Fund or the Community College
2 Program Fund and shall revert to the General Revenue Fund.
3 The State Board of Education shall specify, in rule, approved
4 methods of student fee payment. Such methods must include,
5 but need not be limited to, student fee payment; payment
6 through federal, state, or institutional financial aid; and
7 employer fee payments.
8 (11)(13) Each school district and community college
9 shall report only those students who have actually enrolled in
10 instruction provided or supervised by instructional personnel
11 under contract with the district or community college in
12 calculations of actual full-time enrollments for state funding
13 purposes. A student who has been exempted from taking a
14 course or who has been granted academic or vocational credit
15 through means other than actual coursework completed at the
16 granting institution may not be calculated for enrollment in
17 the course from which the student has been exempted or for
18 which the student has been granted credit. School districts
19 and community colleges that report enrollments in violation of
20 this subsection shall be penalized at a rate equal to 2 times
21 the value of such enrollments. Such penalty shall be charged
22 against the following year's allocation from the Workforce
23 Development Education Fund and shall revert to the General
24 Revenue Fund.
25 (12)(14) School boards and community college boards of
26 trustees may establish scholarship funds using donations. If
27 such funds are established, school boards and community
28 college boards of trustees shall adopt rules that provide for
29 the criteria and methods for awarding scholarships from the
30 fund.
31
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1 (13)(15) Each school board and community college board
2 of trustees may establish a separate fee for capital
3 improvements, technology enhancements, or equipping buildings
4 which may not exceed 5 percent of the matriculation fee for
5 resident students or 5 percent of the matriculation and
6 tuition fee for nonresident students. Funds collected by
7 community colleges through these fees may be bonded only for
8 the purpose of financing or refinancing new construction and
9 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 certificate career education or adult
14 education facilities of the school district or community
15 college. Projects funded through the use of the capital
16 improvement fee must meet the survey and construction
17 requirements of chapter 235. Pursuant to s. 216.0158, each
18 school board and community college board of trustees shall
19 identify each project, including maintenance projects,
20 proposed to be funded in whole or in part by such fee. Capital
21 improvement fee revenues may be pledged by a board of trustees
22 as a dedicated revenue source to the repayment of debt,
23 including lease-purchase agreements and revenue bonds, with a
24 term not to exceed 20 years, and not to exceed the useful life
25 of the asset being financed, only for the new construction and
26 equipment, renovation, or remodeling of educational
27 facilities. Community colleges may use the services of the
28 Division of Bond Finance of the State Board of Administration
29 to issue any bonds authorized through the provisions of this
30 subsection. Any such bonds issued by the Division of Bond
31 Finance shall be in compliance with the provisions of the
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1 State Bond Act. Bonds issued pursuant to the State Bond Act
2 shall be validated in the manner provided by chapter 75. The
3 complaint for such validation shall be filed in the circuit
4 court of the county where the seat of state government is
5 situated, the notice required to be published by s. 75.06
6 shall be published only in the county where the complaint is
7 filed, and the complaint and order of the circuit court shall
8 be served only on the state attorney of the circuit in which
9 the action is pending. A maximum of 15 cents per credit hour
10 may be allocated from the capital improvement fee for child
11 care centers conducted by the school board or community
12 college board of trustees.
13 (14)(16) Community colleges and district school boards
14 are not authorized to charge students enrolled in workforce
15 development programs any fee that is not specifically
16 authorized by statute. In addition to matriculation, tuition,
17 financial aid, capital improvement, and technology fees, as
18 authorized in this section, community colleges and district
19 school boards are authorized to establish fee schedules for
20 the following user fees and fines: laboratory fees; parking
21 fees and fines; library fees and fines; fees and fines
22 relating to facilities and equipment use or damage; access or
23 identification card fees; duplicating, photocopying, binding,
24 or microfilming fees; standardized testing fees; diploma
25 replacement fees; transcript fees; application fees;
26 graduation fees; and late fees related to registration and
27 payment. Such user fees and fines shall not exceed the cost of
28 the services provided and shall only be charged to persons
29 receiving the service. Parking fee revenues may be pledged by
30 a community college board of trustees as a dedicated revenue
31 source for the repayment of debt, including lease-purchase
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1 agreements and revenue bonds with terms not exceeding 20 years
2 and not exceeding the useful life of the asset being financed.
3 Community colleges shall use the services of the Division of
4 Bond Finance of the State Board of Administration to issue any
5 revenue bonds authorized by the provisions of this subsection.
6 Any such bonds issued by the Division of Bond Finance shall be
7 in compliance with the provisions of the State Bond Act. Bonds
8 issued pursuant to the State Bond Act shall be validated in
9 the manner established in chapter 75. The complaint for such
10 validation shall be filed in the circuit court of the county
11 where the seat of state government is situated, the notice
12 required to be published by s. 75.06 shall be published only
13 in the county where the complaint is filed, and the complaint
14 and order of the circuit court shall be served only on the
15 state attorney of the circuit in which the action is pending.
16 (15)(17) Each district school board and community
17 college district board of trustees is authorized to establish
18 specific fees for workforce development instruction not
19 reported for state funding purposes or for workforce
20 development instruction not reported as state funded full-time
21 equivalent students. District school boards and district
22 boards of trustees are not required to charge any other fee
23 specified in this section for this type of instruction.
24 (16)(18) Each district school board and community
25 college district board of trustees is authorized to establish
26 a separate fee for technology, not to exceed $1.80 per credit
27 hour or credit-hour equivalent for resident students and not
28 more than $5.40 per credit hour or credit-hour equivalent for
29 nonresident students, or the equivalent, to be expended in
30 accordance with technology improvement plans. The technology
31 fee may apply only to associate degree programs and courses.
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1 Fifty percent of technology fee revenues may be pledged by a
2 community college board of trustees as a dedicated revenue
3 source for the repayment of debt, including lease-purchase
4 agreements, not to exceed the useful life of the asset being
5 financed. Revenues generated from the technology fee may not
6 be bonded.
7 Section 9. Notwithstanding subsection (7) of section 3
8 of chapter 2000-321, Laws of Florida, section 240.105, 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 (Substantial rewording of section. See
13 s. 240.105, F.S., for present text.)
14 240.105 Statement of purpose and mission.--
15 (1) The Legislature finds that postsecondary education
16 is an integral part of the systemwide support structure that
17 upholds the principles of Florida's educational mission. Under
18 these principles, postsecondary education is to maintain
19 effective coordination with other levels and sectors of
20 education, center its efforts and accomplishments on students,
21 continuously improve student access and equity, and promote
22 accountability for student achievement and improvement to the
23 highest possible level of academic excellence. This level of
24 excellence requires each participant in postsecondary
25 educational efforts to promote education which:
26 (a) Is of the highest possible quality.
27 (b) Enables students of all ages, backgrounds, and
28 levels of income to participate in the search for knowledge
29 and individual development.
30 (c) Stresses undergraduate teaching as its main
31 priority.
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1 (d) Offers selected professional, graduate, and
2 research programs with emphasis on state and national needs.
3 (e) Fosters diversity of educational opportunity.
4 (f) Promotes service to the public.
5 (g) Makes effective and efficient use of human and
6 physical resources.
7 (h) Functions cooperatively with other educational
8 institutions and systems.
9 (i) Promotes internal coordination and the wisest
10 possible use of resources.
11 (2) In providing postsecondary education, the state's
12 mission is to develop the workforce and human resources, to
13 discover and disseminate knowledge, and to extend knowledge
14 and its application beyond the campus to the benefit and
15 stimulation of society. Postsecondary education may accomplish
16 its mission only if it develops in students heightened
17 intellectual, cultural, and humane sensitivities; scientific,
18 professional, and technological expertise; and a sense of
19 purpose. Inherent in this broad mission are methods of
20 instruction, research, extended training, and public service
21 designed to educate people and improve the human condition.
22 Basic to every purpose of the system is the search for truth.
23 Section 10. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 240.107,
25 Florida Statutes, shall not stand repealed January 7, 2003, as
26 scheduled by that law, but that section is reenacted to read:
27 240.107 College-level communication and computation
28 skills examination.--
29 (1) It is the intent of the Legislature that the
30 examination of college-level communication and computation
31 skills provided in s. 229.551 serve as a mechanism for
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1 students to demonstrate that they have mastered the academic
2 competencies prerequisite to upper-division undergraduate
3 instruction. It is further intended that the examination
4 serve as both a summative evaluation instrument prior to
5 student enrollment in upper-division programs and as a source
6 of information for student advisers. It is not intended that
7 student passage of the examination supplant the need for a
8 student to complete the general education curriculum
9 prescribed by an institution.
10 (2) State universities and community colleges shall
11 conduct a minimum of two administrations, one of which may
12 consist of an alternative administration, of the college-level
13 communication and computation skills examination per academic
14 term. Such administrations shall be available to all
15 lower-division students seeking associate in arts or
16 baccalaureate degrees upon completion of at least 18 semester
17 hours or the equivalent. State universities and community
18 colleges shall report at a minimum the examination scores of
19 all students tested at each administration of the
20 college-level communication and computation skills
21 examination.
22 (3) No state university or community college shall
23 confer an associate in arts or baccalaureate degree upon any
24 student who fails to complete successfully the examination of
25 college-level communication and computation skills. Students
26 who received their associate in arts degree prior to September
27 1, 1982, shall be exempt from the provisions of this
28 subsection.
29 (4) The State Board of Education, by rule, shall set
30 the minimum scores that constitute successful completion of
31 the examination. In establishing the minimum scores that
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1 constitute successful completion of the examination, the State
2 Board of Education shall consider any possible negative impact
3 of the tests on minority students. Determinations regarding a
4 student's successful completion of the examination shall be
5 based on the minimum standards prescribed by rule for the date
6 the student initially takes the examination.
7 (5) Any student who, in the best professional opinion
8 of the university, has a specific learning disability such
9 that the student can not demonstrate successful completion of
10 one or more sections of the college-level communication and
11 computation skills examination and is achieving at the college
12 level in every area except that of the disability, and whose
13 diagnosis indicates that further remediation will not succeed
14 in overcoming the disability, may appeal through the
15 appropriate dean to a committee appointed by the president or
16 vice president for academic affairs for special consideration.
17 The committee shall examine the evidence of the student's
18 academic and medical records and may hear testimony relevant
19 to the case. The committee may grant a waiver for one or more
20 sections of the college-level communication and computation
21 skills examination based on the results of its review.
22 (6) Each community college president and university
23 president shall establish a committee to consider requests for
24 waivers from the provisions of subsection (3). The committee
25 shall be chaired by the chief academic officer of the
26 institution and shall have four additional members appointed
27 by the president: a member of the mathematics department, a
28 member of the English department, the institutional test
29 administrator, and a fourth faculty member from a department
30 other than English or mathematics. Any student who has taken a
31 subtest of the examination required by this section at least
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1 four times and has not achieved a passing score, but has
2 otherwise demonstrated proficiency in coursework in the same
3 subject area, may request a waiver from that particular
4 subtest. Waivers shall be considered only after students have
5 been provided test adaptations or other administrative
6 adjustments to permit the accurate measurement of the
7 student's proficiency in the subject areas measured by the
8 examination authorized in this section. The committee shall
9 consider the student's educational records and other evidence
10 as to whether the student should be able to pass the subtest
11 under consideration. A waiver may be recommended to the
12 president upon majority vote of the committee. The president
13 may approve or disapprove the recommendation. The president
14 may not approve a request which the committee has disapproved.
15 If a waiver for a given subtest is approved, the student's
16 transcript shall include a statement that the student did not
17 meet the requirements of subsection (3) and that a waiver was
18 granted.
19 (7) The State Board of Education, by rule, shall
20 establish fees for the administration of the examination to
21 private postsecondary students.
22 (8) The State Board of Education, by rule, shall
23 establish fees for the administration of the examination at
24 times other than regularly scheduled dates to accommodate
25 examinees who are unable to be tested on those dates. The
26 board shall establish the conditions under which examinees may
27 be admitted to the special administrations.
28 (9) Any student fulfilling one or both of the
29 following requirements before completion of associate in arts
30 degree requirements or baccalaureate degree requirements is
31 exempt from the testing requirements of this section:
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1 (a) Achieves a score that meets or exceeds a minimum
2 score on a nationally standardized examination, as established
3 by the Articulation Coordinating Committee; or
4 (b) Demonstrates successful remediation of any
5 academic deficiencies identified by the college placement test
6 and achieves a cumulative grade point average of 2.5 or above,
7 on a 4.0 scale, in postsecondary-level coursework identified
8 by the Postsecondary Education Planning Commission. The
9 Department of Education shall specify the means by which a
10 student may demonstrate successful remediation.
11
12 Any student denied a degree prior to January 1, 1996, based on
13 the failure of at least one subtest of the CLAST may use
14 either of the alternatives specified in this subsection for
15 receipt of a degree if such student meets all degree program
16 requirements at the time of application for the degree under
17 the exemption provisions of this subsection. This section does
18 not require a student to take the CLAST before being given the
19 opportunity to use any of the alternatives specified in this
20 subsection. The exemptions provided herein do not apply to
21 requirements for certification as provided in s. 231.17.
22 Section 11. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.115,
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:
27 240.115 Articulation agreement; acceleration
28 mechanisms.--
29 (1)(a) Articulation between secondary and
30 postsecondary education; admission of associate in arts degree
31 graduates from Florida community colleges and state
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1 universities; admission of applied technology diploma program
2 graduates from public community colleges or technical centers;
3 admission of technical associate in science degree and
4 associate in applied science degree graduates from Florida
5 community colleges; the use of acceleration mechanisms,
6 including nationally standardized examinations through which
7 students may earn credit; general education requirements and
8 statewide common course code numbers as provided for in s.
9 229.551(1); and articulation among programs in nursing shall
10 be governed by the articulation agreement, as established by
11 the State Board Department of Education. The articulation
12 agreement must specifically provide that every associate in
13 arts graduate of a Florida community college shall have met
14 all general education requirements and must be granted
15 admission to the upper division of a state university except
16 to a limited access or teacher certification program or a
17 major program requiring an audition. After admission has been
18 granted to students under provisions of this section and to
19 university students who have successfully completed 60 credit
20 hours of coursework, including 36 hours of general education,
21 and demonstrated college-level communication and computation
22 skills as required in met the requirements of s. 240.107,
23 admission shall be granted to state university State
24 University System and Florida community college students who
25 have successfully completed 60 credit hours of work, including
26 36 hours of general education. Community college associate in
27 arts graduates shall receive priority for admission to a state
28 university over out-of-state students. Orientation programs
29 and student handbooks provided to freshman enrollees and
30 transfer students at state universities must include an
31 explanation of this provision of the articulation agreement.
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1 (b) Any student who transfers among postsecondary
2 institutions that are fully accredited by a regional or
3 national accrediting agency recognized by the United States
4 Department of Education and that participate in the statewide
5 course numbering system common course designation and
6 numbering system shall be awarded credit by the receiving
7 institution for courses satisfactorily completed by the
8 student at the previous institutions. Credit shall be awarded
9 if the courses are judged by the appropriate statewide course
10 numbering system common course designation and numbering
11 system faculty committee task force representing school
12 districts, community colleges, public universities, and
13 participating nonpublic postsecondary education institutions
14 to be academically equivalent to courses offered at the
15 receiving institution, including equivalency of faculty
16 credentials, regardless of the public or nonpublic control of
17 the previous institution. The Department of Education shall
18 ensure that credits to be accepted by a receiving institution
19 are generated in courses for which the faculty possess
20 credentials that are comparable to those required by the
21 accrediting association of the receiving institution. The
22 award of credit may be limited to courses that are entered in
23 the statewide course numbering system common course
24 designation and numbering system. Credits awarded pursuant to
25 this subsection shall satisfy institutional requirements on
26 the same basis as credits awarded to native students.
27 (c) The articulation agreement must guarantee the
28 statewide articulation of appropriate workforce development
29 programs and courses between school districts and community
30 colleges and specifically provide that every applied
31 technology diploma graduate must be granted the same amount of
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1 credit upon admission to a technical an associate in science
2 degree or associate in applied science degree program unless
3 it is a limited access program. Preference for admission must
4 be given to graduates who are residents of Florida.
5 (d) By fall semester 1998, The articulation agreement
6 must guarantee the statewide articulation of appropriate
7 courses within associate in science degree programs to
8 baccalaureate degree programs, according to standards
9 established by the Articulation Coordinating Committee after
10 consultation with the Division of Colleges and Universities
11 and the Division of Board of Regents and the State Board of
12 Community Colleges. Courses within an associate in applied
13 science degree program may articulate into a baccalaureate
14 degree program on an individual or block basis as authorized
15 in local interinstitutional articulation agreements.
16 (e) The Commissioner of Education, in conjunction with
17 the Florida Partnership for School Readiness, the Council for
18 Education Policy Research and Improvement Postsecondary
19 Education Planning Commission, and the Education Standards
20 Commission, shall conduct a statewide assessment to determine
21 the extent and nature of instruction for those who work or are
22 training to work in the fields of child care and early
23 childhood education, as well as an assessment of the market
24 demand for individuals trained at various levels. Based on
25 this assessment, the Articulation Coordinating Committee shall
26 establish an articulated career path for school
27 readiness-related professions, which shall lead from
28 entry-level employment in child care and early childhood
29 education to a baccalaureate degree. The career path shall
30 provide for the articulation of:
31
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1 1. Technical Vocational credit to college credit for
2 associate in science degrees;
3 2. Credit earned in associate in science or associate
4 in arts degree programs to credit in baccalaureate degree
5 programs;
6 3. Credit awarded by public and private institutions;
7 and
8 4. Credit for experiential learning associated with
9 minimum training requirements for employment. The Articulation
10 Coordinating Committee shall ensure that the articulation of
11 such credit does not jeopardize the receiving institution's
12 accreditation status.
13
14 Before the printing of the catalog for the fall semester 2002,
15 The articulation agreement must guarantee the statewide
16 articulation of appropriate coursework as established in the
17 career path.
18 (2) The universities, community colleges college
19 district boards of trustees, and school districts may district
20 school boards are authorized to establish intrainstitutional
21 and interinstitutional programs to promote maximize this
22 articulation. Programs may include upper-division-level
23 courses offered at the community college, distance education
24 learning, transfer agreements that facilitate the transfer of
25 credits between public and nonpublic postsecondary
26 institutions, and the concurrent enrollment of students at a
27 community college and a state university to enable students to
28 take any level of baccalaureate degree coursework. If these
29 programs conflict with Should the establishment of these
30 programs necessitate the waiver of existing State Board of
31 Education rules or require the, reallocation of funds, or
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1 revision or modification of student fees, each college or
2 university shall submit the proposed articulation program to
3 the State Board of Education for review and approval. The
4 State Board of Education may is authorized to waive its rules
5 and make appropriate reallocations, revisions, or
6 modifications to support articulation innovations in
7 accordance with the above.
8 (3) The universities and boards of trustees of the
9 community colleges and universities shall identify their core
10 curricula, including which shall include courses required by
11 the State Board of Education. The universities and community
12 colleges shall work with their school districts to assure that
13 high school curricula coordinate with the core curricula and
14 to prepare students for college-level work. The State Board of
15 Education shall adopt in rule core curricula for associate in
16 arts programs, including shall be adopted in rule by the State
17 Board of Education and shall include 36 semester hours of
18 general education courses in the subject areas of
19 communication, mathematics, social sciences, humanities, and
20 natural sciences. By January 1, 1996, General education
21 coursework shall be identified by statewide common course code
22 numbers, consistent with the recommendations of the
23 Articulation Coordinating Committee, pursuant to s.
24 229.551(1)(f)4. By fall semester 1996, degree program
25 prerequisite courses and course substitutions shall be
26 available at community colleges. With the exception of
27 programs approved by the Board of Regents pursuant to s.
28 240.209(5)(f), Degree program prerequisite courses shall be
29 common across delivery systems, available at community
30 colleges, and shall be identified by their statewide common
31 course code number consistent with the recommendations of the
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1 Articulation Coordinating Committee, pursuant to s.
2 229.551(1)(f)5. A college or university may not offer any
3 unique program or program prerequisite unless it is
4 recommended by the Articulation Coordinating Committee and
5 approved by the State Board of Education or the director of
6 the Division of Colleges and Universities, if the board
7 delegates that responsibility.
8 (4) The levels of postsecondary education shall
9 collaborate in further developing and providing articulated
10 programs in which students can proceed toward their
11 educational objectives as rapidly as their circumstances
12 permit. Time-shortened educational programs, as well as the
13 use of acceleration mechanisms, shall include, but not be
14 limited to, the International Baccalaureate, credit by
15 examination or demonstration of competency, advanced
16 placement, early admissions, and dual enrollment.
17 (4)(5) By fall semester of 1995, Each state university
18 and community college shall offer to all students each
19 semester, prior to drop-add, nationally standardized
20 examinations listed in the articulation agreement, or
21 institutionally developed examinations, through which students
22 may earn credit in those general subject areas which are
23 required or may be applied toward general education
24 requirements for a baccalaureate degree at that university or
25 associate degree at the community college. A student
26 satisfactorily completing such examinations shall receive full
27 credit for the course the same as if it had been taken,
28 completed, and passed.
29 (5)(6) An associate in arts degree requires shall
30 require no more than 60 semester hours of college credit,
31 including 36 semester hours of general education coursework.
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1 Except for college-preparatory coursework required pursuant to
2 s. 240.117, all required coursework shall count toward the
3 associate in arts degree or the baccalaureate degree. By fall
4 semester of 1996, A baccalaureate degree program requires
5 shall require no more than 120 semester hours of college
6 credit, including 36 semester hours of general education
7 coursework, unless prior approval has been granted by the
8 State Board of Education or the director of the Division of
9 Colleges and Universities if the board delegates that
10 responsibility Board of Regents. Of the credit hours in
11 courses required for each baccalaureate degree, a student must
12 be able to earn at least half through courses designated as
13 lower-division courses, except in degree programs approved by
14 the State Board of Education or the director of the Division
15 of Colleges and Universities, if the board delegates that
16 responsibility. Any community college may offer a course
17 designated as lower division.
18 (6)(7) A student who received an associate in arts
19 degree for successfully completing 60 semester credit hours
20 may continue to earn additional credits at a community
21 college. The university must provide credit toward the
22 student's baccalaureate degree for an additional community
23 college course if, according to the statewide course numbering
24 common course numbering and designation system, the community
25 college course is a course listed in the university catalog as
26 required for the degree or as prerequisite to a course
27 required for the degree.
28 Section 12. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.116,
30 Florida Statutes, shall not stand repealed January 7, 2003, as
31 scheduled by that law, but that section, as amended by section
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1 6 of chapter 2001-254, Laws of Florida, is reenacted and
2 amended to read:
3 240.116 Articulated acceleration.--
4 (1) It is the intent of the Legislature that a variety
5 of Articulated acceleration mechanisms should be widely be
6 available for secondary and postsecondary students attending
7 public educational institutions. It is intended that
8 articulated acceleration serve to shorten the time needed to
9 earn necessary for a student to complete the requirements
10 associated with the conference of a high school diploma and a
11 postsecondary degree, broaden the scope of curricular options
12 available to students, or increase the depth of study
13 available for a particular subject. Eligible It is the intent
14 of the Legislature that students who meet the eligibility
15 requirements of this subsection and who choose to participate
16 in dual enrollment programs, including early admissions
17 programs, are be exempt from the payment of registration,
18 matriculation, and laboratory fees. Annually, the Legislature
19 shall reimburse Such fees for dually enrolled students shall
20 be reimbursed to participating postsecondary institutions as
21 provided annually in the General Appropriations Act; however,
22 a postsecondary institution that earns dual enrollment FTE
23 funds from the Florida Education Finance Program as a charter
24 school is not shall not be eligible for the tuition
25 reimbursement. Articulated acceleration mechanisms shall
26 include at least, but not be limited to, dual enrollment,
27 early admission, advanced placement, credit by examination,
28 and the International Baccalaureate Program. A student is
29 exempt from the payment of any fees for administration of an
30 examination required to earn college credit after enrollment
31 in an advanced placement or International Baccalaureate
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1 Program. The State Board of Education shall adopt rules for
2 any dual enrollment programs involving requirements for high
3 school graduation.
4 (2)(a)1. The dual enrollment program is the enrollment
5 of an eligible secondary student in a postsecondary course
6 creditable toward a technical vocational certificate or an
7 associate or baccalaureate degree. For the purpose of this
8 subparagraph, an eligible secondary student is a student who
9 is enrolled in a Florida public secondary school or in a
10 Florida nonpublic secondary school that which is in compliance
11 with s. 229.808 and conducts a secondary curriculum pursuant
12 to s. 232.246. A student may Students enrolled in
13 postsecondary instruction that is not creditable toward the
14 high school diploma shall not be classified as a dual
15 enrollment student unless the student's postsecondary course
16 work provides credit toward the high school diploma
17 enrollments. Eligible students may who are eligible for dual
18 enrollment pursuant to this section shall be permitted to
19 enroll in dual enrollment courses regardless of whether they
20 are conducted during school hours, after school hours, or and
21 during the summer term. Instructional time for such enrollment
22 may exceed 900 hours; however, the school district may only
23 report the student for a maximum of 1.0 FTE, as provided in s.
24 236.013(5). The following courses are not dual enrollment
25 courses: Any student so enrolled is exempt from the payment of
26 registration, matriculation, and laboratory fees. With the
27 exception of vocational-preparatory instruction,
28 college-preparatory instruction, any and other forms of
29 precollegiate instruction, and as well as physical education
30 or recreation and leisure studies courses that focus on the
31 physical execution of a skill rather than the intellectual
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1 attributes of the activity, are ineligible for inclusion in
2 the dual enrollment program. Recreation and leisure studies
3 courses shall be evaluated individually in the same manner as
4 physical education courses for potential inclusion in the
5 program.
6 2. The Department of Education shall adopt guidelines
7 designed to achieve comparability across school districts of
8 both student qualifications and teacher qualifications for
9 dual enrollment courses. A qualified student qualifications
10 must demonstrate readiness for the level of coursework in
11 which the student wishes to enroll college-level coursework if
12 the student is to be enrolled in college courses. The
13 interinstitutional articulation agreement must identify any
14 additional participation requirements, such as specific
15 grade-point averages. Student qualifications must demonstrate
16 readiness for vocational-level coursework if the student is to
17 be enrolled in vocational courses. In addition to the common
18 placement examination, student qualifications for enrollment
19 in college credit dual enrollment courses must include a 3.0
20 unweighted grade point average, and student qualifications for
21 enrollment in vocational certificate dual enrollment courses
22 must include a 2.0 unweighted grade point average. Exceptions
23 to the required grade point averages may be granted if the
24 educational entities agree and the terms of the agreement are
25 contained within the dual enrollment interinstitutional
26 articulation agreement. Community college boards of trustees
27 may establish additional admissions criteria, which shall be
28 included in the district interinstitutional articulation
29 agreement developed according to s. 240.1161, to ensure
30 student readiness for postsecondary instruction. Additional
31 requirements included in the agreement may shall not
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1 arbitrarily prohibit students who have demonstrated the
2 ability to master advanced courses from participating in dual
3 enrollment courses. School districts may not refuse to enter
4 into an agreement with a local community college if that
5 community college has the capacity to offer dual enrollment
6 courses.
7 (b) Vocational Dual enrollment in career and technical
8 education programs is shall be provided as a curricular option
9 for secondary students who seek to pursue in order to earn a
10 series of elective credits toward the high school diploma.
11 However, vocational dual enrollment shall not permit a student
12 to bypass the high school supplant student acquisition of the
13 diploma. Vocational Dual enrollment shall be available for
14 secondary students seeking a degree or a career and technical
15 education credential certificate from a complete
16 job-preparatory program, but shall not sustain student
17 enrollment in isolated technical vocational courses. Student
18 enrollment in a dual enrollment program should reflect the
19 interests and aptitudes of the student. The Legislature
20 supports It is the intent of the Legislature that vocational
21 dual enrollment be implemented as a positive measure. The
22 provision of a comprehensive academic and technical vocational
23 dual enrollment program within the technical
24 vocational-technical center or community college, but such a
25 program is supportive of legislative intent; however, such
26 provision is not mandatory.
27 (c)1. Each school district shall inform all secondary
28 students of dual enrollment as an educational option and
29 mechanism for acceleration. Students shall be informed of
30 eligibility criteria, the option for taking dual enrollment
31 courses beyond the regular school year, and the 24 minimum
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1 academic credits required for graduation. School districts
2 shall annually assess the demand for dual enrollment and other
3 advanced courses, and the district school board shall consider
4 strategies and programs to meet that demand.
5 2. The Articulation Coordinating Committee shall
6 develop a statement on transfer guarantees which will inform
7 students, prior to enrollment in a dual enrollment course, of
8 the potential for the dual enrollment course to articulate as
9 an elective or a general education course into a postsecondary
10 education certificate or degree program. The statement shall
11 be provided to each district superintendent of schools, who
12 shall include the statement in the information provided to all
13 secondary students as required pursuant to this paragraph. The
14 statement may also include additional information including,
15 but not limited to, dual enrollment options, guarantees,
16 privileges, and responsibilities.
17 3. In calculating grade point averages or weighting
18 grades, a school district may not discriminate against dual
19 enrollment foreign language courses and dual enrollment
20 courses that meet high school graduation requirements in the
21 four academic core areas of language arts, mathematics,
22 science, and social studies, as determined by the Articulation
23 Coordinating Committee. School districts, community colleges,
24 and universities must weigh these dual enrollment courses the
25 same as honors, advanced placement, or international
26 baccalaureate courses when calculating grade point averages
27 for any purpose.
28 4. The commissioner may approve dual enrollment
29 agreements for limited course offerings that have statewide
30 appeal.
31
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1 (3) Early admission is shall be a form of dual
2 enrollment through which eligible secondary students enroll in
3 a postsecondary institution on a full-time basis in courses
4 that are creditable toward the high school diploma and the
5 associate or baccalaureate degree. Students enrolled pursuant
6 to this subsection shall be exempt from the payment of
7 registration, matriculation, and laboratory fees.
8 (4) Early admission in career and technical education
9 programs is a form of dual enrollment through which eligible
10 secondary students enroll full time in a technical center or a
11 community college in courses that are creditable toward the
12 high school diploma and a technical certificate or associate
13 degree. Early admission into a career and technical education
14 program is limited to students who have completed a minimum of
15 six semesters of full-time secondary enrollment, including
16 studies undertaken in the ninth grade. Students enrolled in
17 dual enrollment or early admissions are exempt from
18 registration, matriculation, and laboratory fees.
19 (5)(4) Advanced placement shall be the enrollment of
20 an eligible secondary student in a course offered through the
21 Advanced Placement Program administered by the College Board.
22 Postsecondary credit for an advanced placement course shall be
23 limited to students who score a minimum of 3, on a 5-point
24 scale, on the corresponding Advanced Placement Examination.
25 The Articulation Coordinating Committee shall determine the
26 specific courses for which students receive such credit shall
27 be determined by the community college or university that
28 accepts the student for admission. Students enrolled pursuant
29 to this subsection shall be exempt from the payment of any
30 fees for administration of the examination.
31
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1 (6)(5) Credit by examination is shall be the program
2 through which secondary and postsecondary students generate
3 postsecondary credit based on the receipt of a specified
4 minimum score on nationally standardized general or
5 subject-area examinations. For the purpose of statewide
6 application, such examinations and the corresponding minimum
7 scores required for an award of credit must be listed shall be
8 delineated by the State Board of Education in the statewide
9 articulation agreement. A student may not generate additional
10 credit by examination if the student has already taken and
11 passed a postsecondary course whose content is covered by the
12 examination. The maximum credit generated by a student
13 pursuant to this subsection shall be mitigated by any related
14 postsecondary credit earned by the student prior to the
15 administration of the examination. This subsection shall not
16 preclude Community colleges and universities may also award
17 from awarding credit by examination based on student
18 performance on examinations developed within and recognized by
19 the individual postsecondary institutions.
20 (7)(6) The International Baccalaureate Program is
21 shall be the curriculum in which eligible secondary students
22 are enrolled in a program of studies offered through the
23 International Baccalaureate Program administered by the
24 International Baccalaureate Office. The State Board of
25 Education shall establish rules which specify the cutoff
26 scores and International Baccalaureate Examinations that which
27 will be used to grant postsecondary credit at community
28 colleges and universities. If the board raises Any such rules,
29 which have the effect of raising the required cutoff score or
30 changes of changing the correlation of the International
31 Baccalaureate Examinations and which will be used to grant
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1 postsecondary credit, that action applies shall only apply to
2 students who take the examination after the change is made
3 taking International Baccalaureate Examinations after such
4 rules are adopted by the State Board of Education. Students
5 may earn shall be awarded a maximum of 30 semester credit
6 hours through the International Baccalaureate Program pursuant
7 to this subsection. The Articulation Coordinating Committee
8 shall determine the specific course for which a student
9 receives such credit shall be determined by the community
10 college or university that accepts the student for admission.
11 Students enrolled in an International Baccalaureate Program
12 are pursuant to this subsection shall be exempt from the
13 payment of any fees for administration of the examinations.
14 During the 1997-1998, 1998-1999, and 1999-2000 school years,
15 the Department of Education shall assist up to three school
16 districts in conducting a pilot of the Advanced International
17 Certificate of Education Program administered by the
18 University of Cambridge Local Examinations Syndicate. The
19 department shall produce an evaluation report and
20 recommendations regarding the comparability of the Advanced
21 International Certificate of Education Program to the
22 International Baccalaureate Program and submit the report to
23 the President of the Senate and the Speaker of the House of
24 Representatives on or before October 1, 2000.
25 (8)(7)(a) It is the intent of the Legislature to
26 provide articulated acceleration mechanisms for students who
27 are in home education programs, as defined in s. 228.041(34),
28 consistent with the educational opportunities available to
29 public and private secondary school students. Home education
30 students may participate in dual enrollment for college credit
31 or technical credit, vocational dual enrollment, early
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1 admission, and credit by examination. Credit earned by home
2 education students through dual enrollment applies shall apply
3 toward the completion of a home education program that meets
4 the requirements of s. 232.0201.
5 (b) The dual enrollment program for home education
6 students consists of the enrollment of an eligible home
7 education secondary student in a postsecondary course
8 creditable toward an associate degree, a technical vocational
9 certificate, or a baccalaureate degree. To participate in the
10 dual enrollment program, an eligible home education secondary
11 student must:
12 1. Provide proof of enrollment in a home education
13 program pursuant to s. 232.0201.
14 2. Be responsible for his or her own instructional
15 materials and transportation unless provided for otherwise.
16 (c) Each community college and each state university
17 shall:
18 1. Delineate courses and programs for dually enrolled
19 home education students. Courses and programs may be added,
20 revised, or deleted at any time.
21 2. Identify eligibility criteria for home education
22 student participation, not to exceed those required of other
23 dually enrolled students.
24 (9)(8) The State Board of Education may adopt rules
25 necessary to implement the provisions of this section pursuant
26 to ss. 120.536(1) and 120.54.
27 Section 13. Notwithstanding subsection (7) of section
28 3 of chapter 2000-321, Laws of Florida, section 240.1161,
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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1 240.1161 District interinstitutional articulation
2 agreements.--
3 (1) Superintendents of schools and community college
4 presidents shall jointly develop and implement a comprehensive
5 articulated acceleration program for the students enrolled in
6 their respective school districts and service areas. Within
7 this general responsibility, each superintendent and president
8 shall develop a comprehensive interinstitutional articulation
9 agreement for the school district and community college that
10 serves the school district. The superintendent and president
11 shall establish an articulation committee for the purpose of
12 developing this agreement. Each state university president is
13 encouraged to designate a university representative to
14 participate in the development of the interinstitutional
15 articulation agreements for each school district within the
16 university service area.
17 (2) The district interinstitutional articulation
18 agreement for each school year must be completed before high
19 school registration for the fall term of the following school
20 year. The agreement must include, but is not limited to, the
21 following components:
22 (a) A ratification or modification of all existing
23 articulation agreements.
24 1. A delineation of the requirements for participation
25 in the dual enrollment program. These requirements must
26 include passing the common placement examination and earning
27 at least an unweighted grade-point average of 3.0 for college
28 credit dual enrollment or 2.0 for technical credit dual
29 enrollment. Exceptions to the grade-point-average requirement
30 are allowed if the educational agencies agree and the terms of
31
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1 the agreement are contained in the dual enrollment
2 interinstitutional articulation agreement.
3 2.1. A delineation of courses and programs available
4 to students eligible to participate in dual enrollment. This
5 delineation must include a plan for the community college to
6 provide guidance services to participating students on the
7 selection of courses in the dual enrollment program. The
8 process of community college guidance should make maximum use
9 of the Statewide Student Advisement System and any other
10 automated advisement systems used by public and nonpublic
11 colleges and universities automated advisement system for
12 community colleges. The plan must assure that each dual
13 enrollment student is encouraged to identify a postsecondary
14 education objective with which to guide the course selection.
15 At a minimum, each student's plan should include a list of
16 courses that will result in an Applied Technology Diploma, an
17 Associate in Science degree, or an Associate in Arts degree.
18 If the student identifies a baccalaureate degree as the
19 objective, the plan must include courses that will meet the
20 general education requirements and any prerequisite
21 requirements for entrance into a selected baccalaureate degree
22 program.
23 3.2. A delineation of the process by which students
24 and their parents are informed about opportunities to
25 participate in articulated acceleration programs.
26 4.3. A delineation of the process by which students
27 and their parents exercise their option to participate in an
28 articulated acceleration program.
29 4. A delineation of high school credits earned for
30 completion of each dual enrollment course.
31
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1 5. Provision for postsecondary courses that meet the
2 criteria for inclusion in a district articulated acceleration
3 program to be counted toward meeting the graduation
4 requirements of s. 232.246.
5 6. An identification of eligibility criteria for
6 student participation in dual enrollment courses and programs.
7 7. A delineation of institutional responsibilities
8 regarding student screening prior to enrollment and monitoring
9 student performance subsequent to enrollment in dual
10 enrollment courses and programs.
11 8. An identification of the criteria by which the
12 quality of dual enrollment courses and programs are to be
13 judged and a delineation of institutional responsibilities for
14 the maintenance of instructional quality.
15 9. A delineation of institutional responsibilities for
16 assuming the cost of dual enrollment courses and programs that
17 includes such responsibilities for student instructional
18 materials.
19 10. An identification of responsibility for providing
20 student transportation if the dual enrollment instruction is
21 conducted at a facility other than the high school campus.
22 11. A delineation of high school credits earned for
23 completion of each dual enrollment course, the process for
24 converting college credit hours earned through dual enrollment
25 and early admission programs to high school credit based on
26 mastery of course outcomes as determined by the Articulation
27 Coordinating Committee in accordance with s. 229.551(1)(f)6.
28 (c) Mechanisms and strategies for reducing the
29 incidence of postsecondary remediation in math, reading, and
30 writing for first-time-enrolled recent high school graduates,
31 based upon all available data on graduates' performance in
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1 college and the workplace the findings in the postsecondary
2 readiness-for-college report produced pursuant to s. 240.118.
3 Each articulation committee shall annually analyze and assess
4 the effectiveness of the mechanisms toward meeting the goal of
5 reducing postsecondary remediation needs. Results of the
6 assessment shall be annually presented to participating
7 district school boards and community college boards of
8 trustees. and shall include, but not be limited to:
9 1. Mechanisms currently being initiated.
10 2. An analysis of problems and corrective actions.
11 3. Anticipated outcomes.
12 4. Strategies for the better preparation of students
13 upon graduation from high school.
14 5. An analysis of costs associated with the
15 implementation of postsecondary remedial education and
16 secondary-level corrective actions.
17 6. The identification of strategies for reducing costs
18 of the delivery of postsecondary remediation for recent high
19 school graduates, including the consideration and assessment
20 of alternative instructional methods and services such as
21 those produced by private providers.
22
23 Wherever possible, public schools and community colleges are
24 encouraged to share resources, form partnerships with private
25 industries, and implement innovative strategies and mechanisms
26 such as distance education learning, summer student and
27 faculty workshops, parental involvement activities, and the
28 distribution of information over the Internet. The Legislature
29 may provide performance incentive funds for the effective
30 implementation of remedial reduction plans developed and
31 implemented pursuant to this paragraph. The district
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1 interinstitutional articulation agreement shall include a plan
2 that outlines the mechanisms and strategies for improving the
3 preparation of elementary, middle, and high school teachers.
4 Effective collaboration among school districts, postsecondary
5 institutions, and practicing educators is essential to
6 improving teaching in Florida's elementary and secondary
7 schools and consequently, the retention and success of
8 students through high school graduation and into postsecondary
9 education. Professional development programs shall be
10 developed cooperatively and include curricular content which
11 focuses upon local and state needs and responds to state,
12 national, and district policy and program priorities. School
13 districts and community colleges are encouraged to develop
14 plans which utilize new technologies, address critical needs
15 in their implementation, and include both preservice and
16 inservice initiatives.
17 (d) Mechanisms and strategies for promoting "tech
18 prep" programs of study. Such mechanisms should raise
19 awareness about the programs, promote enrollment in the
20 programs, and articulate students from a secondary portion
21 into a planned, related postsecondary portion of a sequential
22 program of study that leads to a terminal postsecondary
23 vocational or technical education degree or certificate.
24 (3) The superintendent of schools is responsible for
25 incorporating, either directly or by reference, all dual
26 enrollment courses contained within the district
27 interinstitutional articulation agreement within the district
28 pupil progression plan.
29 (4) The Articulation Coordinating Committee shall
30 review each articulation agreement and certify the statewide
31
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1 common course code number of postsecondary courses that meet
2 each district's graduation requirements.
3 (5) School districts and community colleges may enter
4 into additional interinstitutional articulation agreements
5 with state universities for the purposes of this section.
6 School districts may also enter into interinstitutional
7 articulation agreements with eligible independent colleges and
8 universities pursuant to s. 236.081(1)(g). State universities
9 and community colleges may enter into interinstitutional
10 articulation agreements with nonpublic secondary schools
11 pursuant to s. 240.116.
12 (6) The Articulation Coordinating Committee shall
13 approve any course for inclusion in the dual enrollment
14 program that is contained within the statewide common course
15 designation and numbering system. However,
16 college-preparatory and other forms of precollegiate
17 instruction, and physical education and other courses that
18 focus on the physical execution of a skill rather than the
19 intellectual attributes of the activity, may not be so
20 approved, but must be evaluated individually for potential
21 inclusion in the dual enrollment program.
22 (7) The Department of Education shall provide the
23 Articulation Coordinating Committee with the staff support and
24 resources necessary to administer the requirements implement
25 the provisions of this section.
26 (8) The State Board of Education may adopt rules
27 necessary to implement the provisions of this section pursuant
28 to ss. 120.536(1) and 120.54.
29 Section 14. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.1162,
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:
3 240.1162 Articulation accountability process.--The
4 State Board of Education shall develop articulation
5 accountability measures which assess the status of systemwide
6 articulation processes authorized under s. 240.115. The State
7 Board of Education shall establish an articulation
8 accountability process which at a minimum shall address:
9 (1) The impact of articulation processes on ensuring
10 educational continuity and the orderly and unobstructed
11 transition of students between public secondary and
12 postsecondary education systems and between the public and
13 independent sectors.
14 (2) The adequacy of preparation of public secondary
15 students to smoothly articulate to a public postsecondary
16 institution.
17 (3) The effectiveness of articulated acceleration
18 mechanisms available to secondary students.
19 (4) The smooth transfer of community college associate
20 in arts degree graduates to a state university.
21 (5) An examination of degree requirements which exceed
22 the parameters of 60 credit hours for an associate degree and
23 120 hours for a baccalaureate degree in public postsecondary
24 programs.
25 (6) The relationship between the College Level
26 Academic Skills Test Program and articulation to the upper
27 division in public postsecondary institutions.
28 Section 15. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.1163,
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:
3 240.1163 Joint dual enrollment and advanced placement
4 instruction.--
5 (1) Each school district, community college, and state
6 university may conduct advanced placement instruction within
7 dual enrollment courses. Each joint dual enrollment and
8 advanced placement course shall be incorporated within and
9 subject to the provisions of the district interinstitutional
10 articulation agreement pursuant to s. 240.1161. Such agreement
11 shall certify that each joint dual enrollment and advanced
12 placement course integrates, at a minimum, the course
13 structure recommended by the College Board and the structure
14 that corresponds to the statewide common course number.
15 (2) Each student enrolled in a joint dual enrollment
16 and advanced placement course may be funded pursuant to either
17 the dual enrollment or advanced placement formula specified in
18 s. 236.081; however, no student shall be funded through both
19 programs for enrollment in a course provided through this
20 section. The district school board reporting enrollments for
21 such courses shall utilize the funding formula that more
22 closely approximates the cost of conducting the course. No
23 student shall be reported for advanced placement funding who
24 fails to meet the examination requirement for such funding.
25 (3) Postsecondary credit for student completion of a
26 joint dual enrollment and advanced placement course shall be
27 awarded, based on the stated preference of the student, as
28 either dual enrollment or advanced placement credit; however,
29 an award of advanced placement credit shall be limited to
30 students who score a minimum of 3, on a 5-point scale, on the
31 Advanced Placement Examination. No student shall claim double
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1 credit based on the completion of a single joint dual
2 enrollment and advanced placement course, nor shall any
3 student enrolled pursuant to this section be required to
4 complete the Advanced Placement Examination.
5 (4) School districts and community colleges must weigh
6 college-level dual enrollment courses the same as honors
7 courses and advanced placement courses when grade point
8 averages are calculated. Alternative grade calculation or
9 weighting systems that discriminate against dual enrollment
10 courses are prohibited.
11 (5) The Commissioner of Education may approve dual
12 enrollment agreements for limited course offerings that have
13 statewide appeal. Such programs shall be limited to a single
14 site with multiple county participation.
15 Section 16. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.117,
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:
20 240.117 Common placement testing for public
21 postsecondary education.--
22 (1) The State Board of Education shall develop and
23 implement a common placement test to assess for the purpose of
24 assessing the basic computation and communication skills of
25 students who intend to enter a degree program at any public
26 community college or state university. The State Board of
27 Education shall adopt rules which enable the community
28 colleges and state universities to implement appropriate
29 modifications of the test instruments or test procedures for
30 students with disabilities.
31
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1 (2) The common placement testing program shall include
2 at a minimum the following: the capacity to diagnose basic
3 competencies in the areas of English, reading, and mathematics
4 which are essential to perform college-level work;
5 prerequisite skills that relate to progressively advanced
6 instruction in mathematics, such as algebra and geometry;
7 prerequisite skills that relate to progressively advanced
8 instruction in language arts, such as English composition and
9 literature; prerequisite skills which relate to the College
10 Level Academic Skills Test (CLAST); and provision of test
11 information to students on the specific deficiencies.
12 (3) The Articulation Coordinating Committee shall
13 recommend and the State Board of Education shall adopt rules
14 that would require high schools to give the common placement
15 test prescribed in this section, or an equivalent test
16 identified by the State Board of Education, at the beginning
17 of the tenth grade year before enrollment in the eleventh
18 grade year in public high school for the purpose of obtaining
19 remedial instruction prior to entering public postsecondary
20 education.
21 (4)(a) Community college or state university students
22 who have been identified as requiring additional preparation
23 pursuant to subsection (1) shall enroll in college-preparatory
24 or other adult education pursuant to s. 239.301 in community
25 colleges to develop needed college-entry skills. These
26 students shall be permitted to take courses within their
27 degree program concurrently in other curriculum areas for
28 which they are qualified while enrolled in college-preparatory
29 instruction courses. A student enrolled in a
30 college-preparatory course may concurrently enroll only in
31 college credit courses that do not require the skills
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1 addressed in the college-preparatory course. The Articulation
2 Coordinating Committee shall recommend and the State Board of
3 Education Community Colleges shall specify the college credit
4 courses that are acceptable for students enrolled in each
5 college-preparatory skill area, pursuant to s. 240.311(3)(q).
6 A student who wishes to earn an associate in arts or a
7 baccalaureate degree, but who is required to complete a
8 college-preparatory course, must successfully complete the
9 required college-preparatory studies by the time the student
10 has accumulated 12 hours of lower-division college credit
11 degree coursework; however, a student may continue enrollment
12 in degree-earning coursework provided the student maintains
13 enrollment in college-preparatory coursework for each
14 subsequent semester until college-preparatory coursework
15 requirements are completed, and the student demonstrates
16 satisfactory performance in degree-earning coursework. To
17 complete college-preparatory studies, a student must earn a
18 passing score on a standardized, institutionally developed
19 test of must be achieved before a student is considered to
20 have met basic computation and communication skills
21 requirements; however, a no student is not shall be required
22 to retake any test or subtest that the student has already was
23 previously passed by said student. If a student enrolls shall
24 be funded to enroll in the same college-preparatory course
25 more than class within a skill area only twice, after which
26 time the student shall pay 100 percent of the full cost of
27 instruction to support continuous enrollment of that student
28 in the same class and such student shall not be included in
29 calculations of full-time equivalent enrollments for state
30 funding purposes; however, students who withdraw or fail a
31 class due to extenuating circumstances may be granted an
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1 exception only once for each class, provided approval is
2 granted according to policy established by the board of
3 trustees. Each community college may shall have the authority
4 to review and reduce fees paid by individual students who need
5 to continue due to continued enrollment in a
6 college-preparatory class and who have on an individual basis
7 contingent upon the student's financial hardship, pursuant to
8 definitions and fee levels established by the board of
9 trustees State Board of Community Colleges. Credit awarded for
10 college-preparatory instruction may not be counted towards
11 fulfilling the number of credits required for a degree.
12 (b) The administrators of a state university may
13 contract with a community college board of trustees for the
14 community college to provide such instruction on the state
15 university campus. Any state university in which the
16 percentage of incoming students requiring college-preparatory
17 instruction equals or exceeds the average percentage of such
18 students for the community colleges community college system
19 may offer college-preparatory instruction without contracting
20 with a community college; however, any state university
21 offering college-preparatory instruction as of January 1,
22 1996, may continue to provide such services.
23 (5) A student may not be enrolled in a dual-enrollment
24 college credit mathematics or English course on a dual
25 enrollment basis unless the student has demonstrated adequate
26 precollegiate preparation on the appropriate section of the
27 basic computation and communication skills assessment required
28 pursuant to subsection (1) that is appropriate for successful
29 student participation in the course.
30 Section 17. Notwithstanding subsection (7) of section
31 3 of chapter 2000-321, Laws of Florida, section 240.118,
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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:
4 240.118 Postsecondary feedback of information to high
5 schools.--
6 (1) The State Board of Education shall adopt rules
7 that require the Commissioner of Education to report to the
8 State Board of Education, the Legislature, and the school
9 districts on the performance of each
10 first-time-in-postsecondary education student from each public
11 high school in this state who is enrolled in a university,
12 community college, or public technical center. Such reports
13 must be based on information databases maintained by the
14 Department of Education. Division of Universities, Division of
15 Community Colleges, and Division of Workforce Development In
16 addition, the universities, community colleges, and technical
17 centers shall provide school districts access to information
18 on student performance in regular and preparatory courses and
19 shall indicate students referred for remediation pursuant to
20 s. 240.117 or s. 239.213.
21 (2) The Commissioner of Education shall report, by
22 high school, to the State Board of Education and the
23 Legislature, no later than November 31 of each year, on the
24 number of prior year Florida high school graduates who
25 enrolled for the first time in public postsecondary education
26 in this state during the previous summer, fall, or spring
27 term, indicating the number of students whose scores on the
28 common placement test indicated the need for remediation
29 through college-preparatory or vocational-preparatory
30 instruction pursuant to s. 240.117 or s. 239.213.
31
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1 (3) The Commissioner of Education shall organize
2 school summary reports and student-level records by school
3 district and high school in which the postsecondary education
4 students were enrolled and report the information to each
5 school district no later than January 31 of each year.
6 (4) As a part of the school improvement plan pursuant
7 to s. 229.592, the State Board of Education shall ensure that
8 each school district and high school develops strategies to
9 improve student readiness for the public postsecondary level
10 based on annual analysis of the feedback report data.
11 (5) The Commissioner of Education shall annually
12 recommend to the Legislature statutory changes to reduce the
13 incidence of postsecondary remediation in mathematics,
14 reading, and writing for first-time-enrolled recent high
15 school graduates.
16 Section 18. Notwithstanding subsection (7) of section
17 3 of chapter 2000-321, Laws of Florida, section 240.1201,
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:
21 240.1201 Determination of resident status for tuition
22 purposes.--Students shall be classified as residents or
23 nonresidents for the purpose of assessing tuition fees in
24 public community colleges and universities.
25 (1) As defined under this section:
26 (a) The term "dependent child" means any person,
27 whether or not living with his or her parent, who is eligible
28 to be claimed by his or her parent as a dependent under the
29 federal income tax code.
30 (b) The term "institution of higher education" means
31 the state universities, colleges, and community colleges. any
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1 of the constituent institutions under the jurisdiction of the
2 State University System or the Florida Community College
3 System.
4 (c) A "legal resident" or "resident" is a person who
5 has maintained his or her residence in this state for the
6 preceding year, has purchased a home which is occupied by him
7 or her as his or her residence, or has established a domicile
8 in this state pursuant to s. 222.17.
9 (d) The term "parent" means the natural or adoptive
10 parent or legal guardian of a dependent child.
11 (e) A "resident for tuition purposes" is a person who
12 qualifies as provided in subsection (2) for the in-state
13 tuition rate; a "nonresident for tuition purposes" is a person
14 who does not qualify for the in-state tuition rate.
15 (2)(a) To qualify as a resident for tuition purposes:
16 1. A person or, if that person is a dependent child,
17 his or her parent or parents must have established legal
18 residence in this state and must have maintained legal
19 residence in this state for at least 12 months immediately
20 prior to his or her qualification.
21 2. Every applicant for admission to an institution of
22 higher education shall be required to make a statement as to
23 his or her length of residence in the state and, further,
24 shall establish that his or her presence or, if the applicant
25 is a dependent child, the presence of his or her parent or
26 parents in the state currently is, and during the requisite
27 12-month qualifying period was, for the purpose of maintaining
28 a bona fide domicile, rather than for the purpose of
29 maintaining a mere temporary residence or abode incident to
30 enrollment in an institution of higher education.
31
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1 (b) However, with respect to a dependent child living
2 with an adult relative other than the child's parent, such
3 child may qualify as a resident for tuition purposes if the
4 adult relative is a legal resident who has maintained legal
5 residence in this state for at least 12 months immediately
6 prior to the child's qualification, provided the child has
7 resided continuously with such relative for the 5 years
8 immediately prior to the child's qualification, during which
9 time the adult relative has exercised day-to-day care,
10 supervision, and control of the child.
11 (c) The legal residence of a dependent child whose
12 parents are divorced, separated, or otherwise living apart
13 will be deemed to be this state if either parent is a legal
14 resident of this state, regardless of which parent is entitled
15 to claim, and does in fact claim, the minor as a dependent
16 pursuant to federal individual income tax provisions.
17 (3) An individual shall not be classified as a
18 resident for tuition purposes and, thus, shall not be eligible
19 to receive the in-state tuition rate until he or she has
20 provided such evidence related to legal residence and its
21 duration as may be required by officials of the institution of
22 higher education from which he or she seeks the in-state
23 tuition rate.
24 (4) With respect to a dependent child, the legal
25 residence of such individual's parent or parents is prima
26 facie evidence of the individual's legal residence, which
27 evidence may be reinforced or rebutted, relative to the age
28 and general circumstances of the individual, by the other
29 evidence of legal residence required of or presented by the
30 individual. However, the legal residence of an individual
31 whose parent or parents are domiciled outside this state is
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1 not prima facie evidence of the individual's legal residence
2 if that individual has lived in this state for 5 consecutive
3 years prior to enrolling or reregistering at the institution
4 of higher education at which resident status for tuition
5 purposes is sought.
6 (5) In making a domiciliary determination related to
7 the classification of a person as a resident or nonresident
8 for tuition purposes, the domicile of a married person,
9 irrespective of sex, shall be determined, as in the case of an
10 unmarried person, by reference to all relevant evidence of
11 domiciliary intent. For the purposes of this section:
12 (a) A person shall not be precluded from establishing
13 or maintaining legal residence in this state and subsequently
14 qualifying or continuing to qualify as a resident for tuition
15 purposes solely by reason of marriage to a person domiciled
16 outside this state, even when that person's spouse continues
17 to be domiciled outside of this state, provided such person
18 maintains his or her legal residence in this state.
19 (b) A person shall not be deemed to have established
20 or maintained a legal residence in this state and subsequently
21 to have qualified or continued to qualify as a resident for
22 tuition purposes solely by reason of marriage to a person
23 domiciled in this state.
24 (c) In determining the domicile of a married person,
25 irrespective of sex, the fact of the marriage and the place of
26 domicile of such person's spouse shall be deemed relevant
27 evidence to be considered in ascertaining domiciliary intent.
28 (6) Any nonresident person, irrespective of sex, who
29 marries a legal resident of this state or marries a person who
30 later becomes a legal resident may, upon becoming a legal
31 resident of this state, accede to the benefit of the spouse's
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1 immediately precedent duration as a legal resident for
2 purposes of satisfying the 12-month durational requirement of
3 this section.
4 (7) A person shall not lose his or her resident status
5 for tuition purposes solely by reason of serving, or, if such
6 person is a dependent child, by reason of his or her parent's
7 or parents' serving, in the Armed Forces outside this state.
8 (8) A person who has been properly classified as a
9 resident for tuition purposes but who, while enrolled in an
10 institution of higher education in this state, loses his or
11 her resident tuition status because the person or, if he or
12 she is a dependent child, the person's parent or parents
13 establish domicile or legal residence elsewhere shall continue
14 to enjoy the in-state tuition rate for a statutory grace
15 period, which period shall be measured from the date on which
16 the circumstances arose that culminated in the loss of
17 resident tuition status and shall continue for 12 months.
18 However, if the 12-month grace period ends during a semester
19 or academic term for which such former resident is enrolled,
20 such grace period shall be extended to the end of that
21 semester or academic term.
22 (9) Any person who ceases to be enrolled at or who
23 graduates from an institution of higher education while
24 classified as a resident for tuition purposes and who
25 subsequently abandons his or her domicile in this state shall
26 be permitted to reenroll at an institution of higher education
27 in this state as a resident for tuition purposes without the
28 necessity of meeting the 12-month durational requirement of
29 this section if that person has reestablished his or her
30 domicile in this state within 12 months of such abandonment
31 and continuously maintains the reestablished domicile during
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1 the period of enrollment. The benefit of this subsection
2 shall not be accorded more than once to any one person.
3 (10) The following persons shall be classified as
4 residents for tuition purposes:
5 (a) Active duty members of the Armed Services of the
6 United States residing or stationed in this state, their
7 spouses, and dependent children.
8 (b) Active duty members of the Armed Services of the
9 United States and their spouses attending a public community
10 college or university within 50 miles of the military
11 establishment where they are stationed, if such military
12 establishment is within a county contiguous to Florida.
13 (c) United States citizens living on the Isthmus of
14 Panama, who have completed 12 consecutive months of college
15 work at the Florida State University Panama Canal Branch, and
16 their spouses and dependent children.
17 (d) Full-time instructional and administrative
18 personnel employed by state public schools, community
19 colleges, and institutions of higher education, as defined in
20 s. 228.041, and their spouses and dependent children.
21 (e) Students from Latin America and the Caribbean who
22 receive scholarships from the federal or state government.
23 Any student classified pursuant to this paragraph shall
24 attend, on a full-time basis, a Florida institution of higher
25 education.
26 (f) Southern Regional Education Board's Academic
27 Common Market graduate students attending Florida's state
28 universities.
29 (g) Full-time employees of state agencies or political
30 subdivisions of the state when the student fees are paid by
31
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1 the state agency or political subdivision for the purpose of
2 job-related law enforcement or corrections training.
3 (h) McKnight Doctoral Fellows and Finalists who are
4 United States citizens.
5 (i) United States citizens living outside the United
6 States who are teaching at a Department of Defense Dependent
7 School or in an American International School and who enroll
8 in a state university Board of Regents-approved graduate level
9 education program which leads to a Florida teaching
10 certificate.
11 (j) Active duty members of the Canadian military
12 residing or stationed in this state under the North American
13 Air Defense (NORAD) agreement, and their spouses and dependent
14 children, attending a public community college or university
15 within 50 miles of the military establishment where they are
16 stationed.
17 (11) The State Board of Education shall by rule
18 designate classifications of students as residents or
19 nonresidents for tuition purposes at public community colleges
20 and universities.
21 (12) An electronic signature may be accepted on an
22 admissions application and statement of residency for tuition
23 purposes.
24 Section 19. Sections 240.122, 240.124, 240.125, and
25 240.126, Florida Statutes, are repealed.
26 Section 20. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.127,
28 Florida Statutes, shall not stand repealed January 7, 2003, as
29 scheduled by that law, but that section is reenacted to read:
30 240.127 Florida Uniform Management of Institutional
31 Funds Act.--
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1 (1) SHORT TITLE.--This section may be cited as the
2 "Florida Uniform Management of Institutional Funds Act."
3 (2) DEFINITIONS.--As used in this section:
4 (a) "Institution" means an incorporated or
5 unincorporated organization organized and operated exclusively
6 for educational purposes, or a governmental entity to the
7 extent that it holds funds exclusively for educational
8 purposes.
9 (b) "Institutional fund" means a fund held by an
10 institution for its exclusive use, benefit, or purposes, but
11 does not include a fund held for an institution by a trustee
12 that is not an institution or a fund in which a beneficiary
13 that is not an institution has an interest, other than
14 possible rights that could arise upon violation or failure of
15 the purposes of the fund.
16 (c) "Endowment fund" means an institutional fund, or
17 any part thereof, not wholly expendable by the institution on
18 a current basis under the terms of the applicable gift
19 instrument.
20 (d) "Governing board" means the body responsible for
21 the management of an institution or of an institutional fund.
22 (e) "Historic dollar value" means the aggregate fair
23 value in dollars of an endowment fund at the time it became an
24 endowment fund, each subsequent donation to the fund at the
25 time it is made, and each accumulation made pursuant to a
26 direction in the applicable gift instrument at the time the
27 accumulation is added to the fund. The determination of
28 historic dollar value made in good faith by the institution is
29 conclusive.
30 (f) "Gift instrument" means a will, deed, grant,
31 conveyance, agreement, memorandum, writing, or other governing
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1 document, including the terms of any institutional
2 solicitations from which an institutional fund resulted, under
3 which property is transferred to or held by an institution as
4 an institutional fund.
5 (3) APPROPRIATION OF APPRECIATION.--The governing
6 board may appropriate for expenditure for the uses and
7 purposes for which an endowment fund is established so much of
8 the net appreciation, realized and unrealized, in the fair
9 value of the assets of an endowment fund over the historic
10 dollar value of the fund as is prudent under the standard
11 established by subsection (7). This subsection does not limit
12 the authority of the governing board to expend funds as
13 permitted under other law, the terms of the applicable gift
14 instrument, or the charter of the institution.
15 (4) RULE OF CONSTRUCTION.--Subsection (3) does not
16 apply if the applicable gift instrument indicates the donor's
17 intention that net appreciation shall not be expended. A
18 restriction upon the expenditure of net appreciation may not
19 be implied from a designation of a gift as an endowment, or
20 from a direction or authorization in the applicable gift
21 instrument to use only "income," "interest," "dividends," or
22 "rents, issues or profits," or "to preserve the principal
23 intact," or a direction which contains other words of similar
24 import. This rule of construction applies to gift instruments
25 executed or in effect before or after October 1, 1990.
26 (5) INVESTMENT AUTHORITY.--In addition to an
27 investment otherwise authorized by law or by the applicable
28 gift instrument, and without restriction to investments a
29 fiduciary may make, the governing board, subject to any
30 specific limitations set forth in the applicable gift
31
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1 instrument or in the applicable law other than law relating to
2 investments by a fiduciary, may:
3 (a) Invest and reinvest an institutional fund in any
4 real or personal property deemed advisable by the governing
5 board, whether or not it produces a current return, including
6 mortgages, stocks, bonds, debentures, and other securities of
7 profit or nonprofit corporations, shares in or obligations of
8 associations, partnerships, or individuals, and obligations of
9 any government or subdivision or instrumentality thereof.
10 (b) Retain property contributed by a donor to an
11 institutional fund for as long as the governing board deems
12 advisable.
13 (c) Include all or any part of an institutional fund
14 in any pooled or common fund maintained by the institution.
15 (d) Invest all or any part of an institutional fund in
16 any other pooled or common fund available for investment,
17 including shares or interests in regulated investment
18 companies, mutual funds, common trust funds, investment
19 partnerships, real estate investment trusts, or similar
20 organizations in which funds are commingled and investment
21 determinations are made by persons other than the governing
22 board.
23 (6) DELEGATION OF INVESTMENT MANAGEMENT.--Except as
24 otherwise provided by the applicable gift instrument or by
25 applicable law relating to governmental institutions or funds,
26 the governing board may delegate to its committees, officers
27 or employees of the institution or the fund, or agents,
28 including investment counsel, the authority to act in place of
29 the board in investment and reinvestment of institutional
30 funds; contract with independent investment advisers,
31 investment counsel or managers, banks, or trust companies, so
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1 to act; and authorize the payment of compensation for
2 investment advisory or management services.
3 (7) STANDARD OF CONDUCT.--In the administration of the
4 powers to appropriate appreciation, to make and retain
5 investments, and to delegate investment management of
6 institutional funds, members of a governing board shall
7 exercise ordinary business care and prudence under the facts
8 and circumstances prevailing at the time of the action or
9 decision. In so doing they shall consider long and short term
10 needs of the institution in carrying out its educational
11 purposes, its present and anticipated financial requirements,
12 expected total return on its investments, price level trends,
13 and general economic conditions.
14 (8) RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--
15 (a) With the written consent of the donor, the
16 governing board may release, in whole or in part, a
17 restriction imposed by the applicable gift instrument on the
18 use or investment of an institutional fund.
19 (b) If written consent of the donor cannot be obtained
20 by reason of his or her death, disability, unavailability, or
21 impossibility of identification, the governing board may apply
22 in the name of the institution to the circuit court of the
23 county in which the institution is located for release of a
24 restriction imposed by the applicable gift instrument on the
25 use or investment of an institutional fund. The Attorney
26 General shall be notified of the application and shall be
27 given an opportunity to be heard. If the court finds that the
28 restriction is obsolete, inappropriate, or impracticable, it
29 may by order release the restriction in whole or in part. A
30 release under this subsection may not change an endowment fund
31 to a fund that is not an endowment fund.
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1 (c) A release under this section may not allow a fund
2 to be used for purposes other than the educational purposes of
3 the institution affected.
4 (d) This subsection does not limit the application of
5 the doctrine of cy-pres.
6 (9) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This
7 act shall be so applied and construed as to effectuate its
8 general purpose to make uniform the law with respect to the
9 subject of this act among those states which enact it.
10 Section 21. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.128,
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:
15 240.128 Approval required for certain
16 university-related facility acquisitions.--A No university or
17 university direct-support organization may not shall accept or
18 purchase facilities for which the state will be asked for
19 operating funds without first obtaining approval from unless
20 there has been prior approval for acquisition granted by the
21 Legislature.
22 Section 22. Section 240.132, Florida Statutes, is
23 repealed.
24 Section 23. Notwithstanding subsection (7) of section
25 3 of chapter 2000-321, Laws of Florida, section 240.1325,
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:
29 240.1325 Hazing prohibited.--
30 (1) As used in this section, "hazing" means any action
31 or situation which recklessly or intentionally endangers the
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1 mental or physical health or safety of a student for the
2 purpose of initiation or admission into or affiliation with
3 any organization operating under the sanction of a
4 postsecondary institution. Such term includes, but is not
5 limited to, any brutality of a physical nature, such as
6 whipping, beating, branding, forced calisthenics, exposure to
7 the elements, forced consumption of any food, liquor, drug, or
8 other substance, or other forced physical activity which could
9 adversely affect the physical health or safety of the student,
10 and also includes any activity which would subject the student
11 to extreme mental stress, such as sleep deprivation, forced
12 exclusion from social contact, forced conduct which could
13 result in extreme embarrassment, or other forced activity
14 which could adversely affect the mental health or dignity of
15 the student.
16 (1)(2) Public and independent private colleges and
17 universities whose students receive state student financial
18 assistance must adopt a written antihazing policy and under
19 such policy must adopt rules prohibiting students or other
20 persons associated with any student organization from engaging
21 in hazing.
22 (2)(3) Public and independent private colleges and
23 universities must provide a program for the enforcement of
24 such rules and must adopt appropriate penalties for violations
25 of such rules, to be administered by the person at the college
26 or university responsible for student activities of the
27 college or university organization.
28 Section 24. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.133,
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:
3 240.133 Expulsion and discipline of students of public
4 postsecondary educational institutions the State University
5 System and community colleges.--
6 (1) Each student in a public postsecondary educational
7 institution the State University System and each student in a
8 community college is subject to federal and state law,
9 respective county and municipal ordinances, and all rules and
10 regulations of the educational institution Board of Regents or
11 board of trustees of the community college.
12 (2) Violation of these published laws, ordinances, or
13 rules and regulations may subject the violator to appropriate
14 action by the institution's university or community college
15 authorities.
16 (3) Each president of a university or community
17 college, and each superintendent of a school district with a
18 public technical center has in the State University System and
19 each president of a community college shall have authority,
20 after notice to the student of the charges and after a hearing
21 thereon, to expel, suspend, or otherwise discipline any
22 student who is found to have violated any law, ordinance, or
23 rule or regulation of the Board of Regents or of the board of
24 trustees of the community college. A student may be entitled
25 to waiver of expulsion:
26 (a) If the student provides substantial assistance in
27 the identification, arrest, or conviction of any of his or her
28 accomplices, accessories, coconspirators, or principals or of
29 any other person engaged in violations of chapter 893 within
30 the State University System or community colleges;
31
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1 (b) If the student voluntarily discloses his or her
2 violations of chapter 893 prior to his or her arrest; or
3 (c) If the student commits himself or herself, or is
4 referred by the court in lieu of sentence, to a state-licensed
5 drug abuse program and successfully completes the program.
6 Section 25. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 240.134,
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:
11 240.134 Religious observances.--Each state university,
12 community college, and career and technical center degree
13 career education school shall adopt a policy in accordance
14 with rules of the Board of Regents, the State Board of
15 Community Colleges, or the State Board of Education which
16 reasonably accommodates the religious observance, practice,
17 and belief of individual students in regard to admissions,
18 class attendance, and the scheduling of examinations and work
19 assignments. Each policy shall include a grievance procedure
20 by which a student who believes that he or she has been
21 unreasonably denied an educational benefit due to his or her
22 religious belief or practices may seek redress. This Such
23 policy shall be made known to faculty and students annually in
24 inclusion in the institution's handbook, manual, or other
25 similar document regularly provided to faculty and students.
26 Section 26. Section 240.135, Florida Statutes, is
27 repealed.
28 Section 27. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.136,
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:
3 240.136 Suspension and removal from office of elected
4 student government officials; referendum.--Each state
5 university and community college student government
6 association shall establish a process within 60 days of this
7 act becoming a law to provide for the removal from office of
8 any elected student government official for malfeasance,
9 misfeasance, neglect of duty, incompetence, or permanent
10 inability to perform his or her official duties or for
11 pleading nolo contendere to, or being found guilty of, a crime
12 who has been convicted of a violation of criminal law or has
13 been found civilly liable for an act of moral turpitude, after
14 all available rights of judicial appeal have been exercised or
15 waived or have expired. The process shall include a procedure
16 for the immediate suspension of the student government
17 official from elected office following the conviction or civil
18 finding and during any appeal, and shall provide for the
19 temporary successor to the subject office pending completion
20 of any appeal. The process must also include a procedure for
21 registered students to petition for a referendum recommending
22 to the student government association the removal of a student
23 official from elected office. The referendum must be held
24 within 60 days after of filing of the petition. The
25 recommendation to remove the subject official from elected
26 office shall be made by majority vote of the students
27 participating in the referendum is sufficient for removal. The
28 university or college president or his or her designee may
29 appeal an action of a student government association under
30 this section shall be subject to an appeal to the university
31 or community college president or designee.
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1 Section 28. Section 240.139, Florida Statutes, is
2 repealed.
3 Section 29. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.152,
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:
8 240.152 Students with documented disabilities Impaired
9 and learning disabled persons; admission to postsecondary
10 institutions; substitute requirements; rules.--Any person who
11 has a documented disability is is hearing impaired, visually
12 impaired, or dyslexic, or who has a specific learning
13 disability, shall be eligible for reasonable substitution for
14 any requirement for admission to a state university, community
15 college, or public degree career technical center education
16 institution where documentation can be provided that the
17 person's failure to meet the admission requirement is related
18 to the disability. The State Board of Education, the Board of
19 Regents, and the State Board of Community Colleges shall adopt
20 rules to implement this section and shall develop substitute
21 admission requirements where appropriate.
22 Section 30. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.153,
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:
27 240.153 Students with a documented disability Impaired
28 and learning disabled persons; graduation, study program
29 admission, and upper-division entry; substitute requirements;
30 rules.--Any student in a state university, community college,
31 or public degree career technical center education institution
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1 who has a documented disability is is hearing impaired,
2 visually impaired, or dyslexic, or who has a specific learning
3 disability, shall be eligible for reasonable substitution for
4 any requirement for graduation, for admission into a program
5 of study, or for entry into upper division where documentation
6 can be provided that the person's failure to meet the
7 requirement is related to the disability and where the failure
8 to meet the graduation requirement or program admission
9 requirement does not constitute a fundamental alteration in
10 the nature of the program. The State Board of Education, the
11 Board of Regents, and the State Board of Community Colleges
12 shall adopt rules to implement this section and shall develop
13 substitute requirements where appropriate.
14 Section 31. Notwithstanding subsection (7) of section
15 3 of chapter 2000-321, Laws of Florida, section 240.155,
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:
19 240.155 Campus master plans and campus development
20 agreements.--
21 (1) This section contains provisions for campus
22 planning and concurrency management that supersede the
23 requirements of part II of chapter 163, except when stated
24 otherwise in this section. These special growth management
25 provisions are adopted in recognition of the unique
26 relationship between campuses of the state universities State
27 University System and the local governments in which they are
28 located. While the campuses provide research and educational
29 benefits of statewide and national importance, and further
30 provide substantial educational, economic, and cultural
31 benefits to their host local governments, they may also have
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1 an adverse impact on the public facilities and services and
2 natural resources of host governments. On balance, however,
3 universities should be considered as vital public facilities
4 of the state and local governments. The intent of this
5 section is to address this unique relationship by providing
6 for the preparation of campus master plans and associated
7 campus development agreements.
8 (2) As used in this section:
9 (a) "Affected local government" means a unit of local
10 government that provides public services to or is responsible
11 for maintaining facilities within a campus of an institution
12 in the State University System or is directly affected by
13 development that is proposed for a campus.
14 (b) "Affected person" means a host local government;
15 an affected local government; any state, regional, or federal
16 agency; or a person who resides, owns property, or owns or
17 operates a business within the boundaries of a host local
18 government or affected local government.
19 (c) "Host local government" means a local government
20 within the jurisdiction of which all or part of a campus of an
21 institution is located, but does not include a county if no
22 part of an institution is located within its unincorporated
23 area.
24 (d) "Institution" means a state university in the
25 State University System.
26 (3) Each university board of trustees shall The Board
27 of Regents shall, no later than 24 months after July 1, 1993,
28 prepare and adopt a campus master plan for its the campus of
29 each institution over which it has jurisdiction. The master
30 plan must identify general land uses and address the need for
31 and plans for provision of roads, parking, public
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1 transportation, solid waste, drainage, sewer, potable water,
2 and recreation and open space during the coming 10 to 20
3 years. The plans must contain elements relating to future
4 land use, intergovernmental coordination, capital
5 improvements, recreation and open space, general
6 infrastructure, housing, and conservation. Each element must
7 address compatibility with the surrounding community. The
8 master plan must identify specific land uses, location of
9 structures, densities and intensities of use, and contain
10 standards for onsite development, site design, environmental
11 management, and the preservation of historic and
12 archaeological resources. The transportation element must
13 address reasonable transportation demand management techniques
14 to minimize offsite impacts where possible. Data and analyses
15 on which the elements are based must include, at a minimum:
16 the characteristics of vacant lands; projected impacts of
17 development on onsite and offsite infrastructure, public
18 services, and natural resources; student enrollment
19 projections; student housing needs; and the need for academic
20 and support facilities. The State Board of Education must
21 approve the master plan of each university to assure
22 consistency with its strategic plan. Master plans must be
23 updated and reviewed by the state board at least every 5
24 years.
25 (4) Campus master plans may contain additional
26 elements at the discretion of the board of trustees Regents;
27 however, such elements are not subject to review under this
28 section. These additional elements may include the academic
29 mission of the institution, academic program, utilities,
30 public safety, architectural design, landscape architectural
31 design, and facilities maintenance.
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1 (5) Subject to the right of the board of trustees
2 Regents to initiate the dispute resolution provisions of
3 subsection (8), a campus master plan must not be in conflict
4 with the comprehensive plan of the host local government and
5 the comprehensive plan of any affected local governments. A
6 campus master plan must be consistent with the state
7 comprehensive plan.
8 (6) Before a campus master plan is adopted, a copy of
9 the draft master plan must be sent for review to the host and
10 any affected local governments, the state land planning
11 agency, the Department of Environmental Protection, the
12 Department of Transportation, the Department of State, the
13 Fish and Wildlife Conservation Commission, and the applicable
14 water management district and regional planning council. These
15 agencies must be given 90 days after receipt of the campus
16 master plans in which to conduct their review and provide
17 comments to the board of trustees Regents. The commencement of
18 this review period must be advertised in newspapers of general
19 circulation within the host local government and any affected
20 local government to allow for public comment. Following
21 receipt and consideration of all comments, and the holding of
22 at least two public hearings within the host jurisdiction, the
23 board of trustees Regents shall adopt the campus master plan.
24 It is the intent of the Legislature that the board of trustees
25 Regents comply with the notice requirements set forth in s.
26 163.3184(15) to ensure full public participation in this
27 planning process. Campus master plans developed under this
28 section are not rules and are not subject to chapter 120
29 except as otherwise provided in this section.
30 (7) Notice that the campus master plan has been
31 adopted must be forwarded within 45 days after its adoption to
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1 any affected person that submitted comments on the draft
2 campus master plan. The notice must state how and where a copy
3 of the master plan may be obtained or inspected. Within 30
4 days after receipt of the notice of adoption of the campus
5 master plan, or 30 days after the date the adopted plan is
6 available for review, whichever is later, an affected person
7 who submitted comments on the draft master plan may petition
8 the board of trustees Regents, challenging the campus master
9 plan as not being in compliance with this section or any rule
10 adopted under this section. The petition must state each
11 objection, identify its source, and provide a recommended
12 action. A petition filed by an affected local government may
13 raise only those issues directly pertaining to the public
14 facilities or services that the affected local government
15 provides to or maintains within the campus or to the direct
16 impact that campus development would have on the affected
17 local government.
18 (8) Following receipt of a petition, the petitioning
19 party or parties and the board of trustees Regents shall
20 mediate the issues in dispute as follows:
21 (a) The parties have 60 days to resolve the issues in
22 dispute. Other affected parties that submitted comments on the
23 draft campus master plan must be given the opportunity to
24 participate in these and subsequent proceedings.
25 (b) If resolution of the matter cannot be achieved
26 within 60 days, the issues must be submitted to the state land
27 planning agency. The state land planning agency has 60 days
28 to hold informal hearings, if necessary, identify the issues
29 remaining in dispute, prepare a record of the proceedings, and
30 submit the matter to the Administration Commission for final
31 action. The report to the Administration Commission must list
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1 each issue in dispute, describe the nature and basis for each
2 dispute, identify alternative resolutions of the dispute, and
3 make recommendations.
4 (c) After receiving the report from the state land
5 planning agency, the Administration Commission shall take
6 action to resolve the issues in dispute. In deciding upon a
7 proper resolution, the Administration Commission shall
8 consider the nature of the issues in dispute, the compliance
9 of the parties with this section, the extent of the conflict
10 between the parties, the comparative hardships, and the public
11 interest involved. If the Administration Commission
12 incorporates in its final order a term or condition that
13 specifically requires the board of trustees Regents or a local
14 government to amend or modify its plan, the board of trustees
15 Regents shall have a reasonable period of time to amend or
16 modify its plan, and a local government shall initiate the
17 required plan amendment, which shall be exempt from the
18 requirements of s. 163.3187(1). Any required amendment to a
19 local government comprehensive plan must be limited in scope
20 so as to only relate to specific impacts attributable to the
21 campus development. The final order of the Administration
22 Commission is subject to judicial review as provided in s.
23 120.68.
24 (9) An amendment to a campus master plan must be
25 reviewed and adopted under subsections (6)-(8) if such
26 amendment, alone or in conjunction with other amendments,
27 would:
28 (a) Increase density or intensity of use of land on
29 the campus by more than 10 percent;
30 (b) Decrease the amount of natural areas, open space,
31 or buffers on the campus by more than 10 percent; or
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1 (c) Rearrange land uses in a manner that will increase
2 the impact of any proposed campus development by more than 10
3 percent on a road or on another public facility or service
4 provided or maintained by the state, the county, the host
5 local government, or any affected local government.
6 (10) Upon adoption of a campus master plan, the board
7 of trustees Regents shall draft a proposed campus development
8 agreement for each local government and send it to the local
9 government within 270 days after the adoption of the relevant
10 campus master plan.
11 (11) At a minimum, each campus development agreement:
12 (a) Must identify the geographic area of the campus
13 and local government covered by the campus development
14 agreement.
15 (b) Must establish its duration, which must be at
16 least 5 years and not more than 10 years.
17 (c) Must address public facilities and services
18 including roads, sanitary sewer, solid waste, drainage,
19 potable water, parks and recreation, and public
20 transportation.
21 (d) Must, for each of the facilities and services
22 listed in paragraph (c), identify the level-of-service
23 standard established by the applicable local government,
24 identify the entity that will provide the service to the
25 campus, and describe any financial arrangements between the
26 board of trustees Regents and other entities relating to the
27 provision of the facility or service.
28 (e) Must, for each of the facilities and services
29 listed in paragraph (c), determine the impact of existing and
30 proposed campus development reasonably expected over the term
31 of the campus development agreement on each service or
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1 facility and any deficiencies in such service or facility
2 which the proposed campus development will create or to which
3 it will contribute.
4 (f) May, if proposed by the board of trustees Regents,
5 address the issues prescribed in paragraphs (d) and (e) with
6 regard to additional facilities and services, including, but
7 not limited to, electricity, nonpotable water, law
8 enforcement, fire and emergency rescue, gas, and telephone.
9 (g) Must, to the extent it addresses issues addressed
10 in the campus master plan and host local government
11 comprehensive plan, be consistent with the adopted campus
12 master plan and host local government comprehensive plan.
13 (12)(a) Each proposed campus development agreement
14 must clearly identify the lands to which the board of trustees
15 Regents intends the campus development agreement to apply.
16 (b) Such land may include:
17 1. Land to be purchased by the board of trustees
18 Regents and titled in the name of the Board of Trustees of the
19 Internal Improvement Trust Fund for use by an institution over
20 the life of the campus development agreement.
21 2. Land not owned by the Board of Trustees of the
22 Internal Improvement Trust Fund if the university board of
23 trustees Regents intends to undertake development activities
24 on the land during the term of the campus development
25 agreement.
26 3. Land that is not owned by the Board of Trustees of
27 the Internal Improvement Trust Fund because the university
28 board of trustees purchases that land after the effective date
29 of this act.
30 (c) Land owned by the Board of Trustees of the
31 Internal Improvement Trust Fund for lease to the university
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1 board of trustees Regents acting on behalf of the institution
2 may be excluded, but any development activity undertaken on
3 excluded land is subject to part II of chapter 163.
4 (13) With regard to the impact of campus development
5 on the facilities and services listed in paragraph (11)(c),
6 the following applies:
7 (a) All improvements to facilities or services which
8 are necessary to eliminate the deficiencies identified in
9 paragraph (11)(e) must be specifically listed in the campus
10 development agreement.
11 (b) The university board of trustees' Regent's fair
12 share of the cost of the measures identified in paragraph (a)
13 must be stated in the campus development agreement. In
14 determining the fair share, the effect of any demand
15 management techniques, which may include such techniques as
16 flexible work hours and carpooling, that are used by the board
17 of trustees Regents to minimize the offsite impacts shall be
18 considered.
19 (c) The board of trustees Regents is responsible for
20 paying the fair share identified in paragraph (b), and it may
21 do so by:
22 1. Paying a fair share of each of the improvements
23 identified in paragraph (a); or
24 2. Taking on full responsibility for the improvements,
25 selected from the list of improvements identified in paragraph
26 (a), and agreed to between the host local government and the
27 board of trustees Regents, the total cost of which equals the
28 contribution identified in paragraph (b).
29 (d) All concurrency management responsibilities of the
30 board of trustees Regents are fulfilled if the board of
31 trustees Regents expends the total amount of funds identified
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1 in paragraph (b) notwithstanding that the board of trustees
2 Regents may not have undertaken or made contributions to some
3 of the measures identified in paragraph (a).
4 (e) Capital projects included in the campus
5 development agreement may be used by the local government for
6 the concurrency management purposes.
7 (f) Funds provided by universities in accordance with
8 campus development agreements are subject to appropriation by
9 the Legislature. A development authorized by a campus
10 development agreement may not be built until the funds to be
11 provided pursuant to paragraph (b) are appropriated by the
12 Legislature.
13 (14) A campus development agreement may not address or
14 include any standards or requirements for onsite development,
15 including environmental management requirements or
16 requirements for site preparation.
17 (15) Once the board of trustees Regents and host local
18 government agree on the provisions of the campus development
19 agreement, the campus development agreement shall be executed
20 by the board of trustees Regents and the host local government
21 in a manner consistent with the requirements of s. 163.3225.
22 Once the campus development agreement is executed, it is
23 binding upon the board of trustees Regents and host local
24 government. A copy of the executed campus development
25 agreement must be sent to the state land planning agency
26 within 14 days after the date of execution.
27 (16) If, within 180 days following the host local
28 government's receipt of the proposed campus development
29 agreement, the board of trustees Regents and host local
30 government cannot reach agreement on the provisions of the
31
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1 campus development agreement, the following procedures for
2 resolving the matter must be followed:
3 (a) The matter must be submitted to the state land
4 planning agency, which has 60 days to hold informal hearings,
5 if necessary, and identify the issues remaining in dispute,
6 prepare a record of the proceedings, and submit the matter to
7 the Administration Commission for final action. The report to
8 the Administration Commission must list each issue in dispute,
9 describe the nature and basis for each dispute, identify
10 alternative resolutions of each dispute, and make
11 recommendations.
12 (b) After receiving the report from the state land
13 planning agency, the Administration Commission shall take
14 action to resolve the issues in dispute. In deciding upon a
15 proper resolution, the Administration Commission shall
16 consider the nature of the issues in dispute, the compliance
17 of the parties with this section, the extent of the conflict
18 between the parties, the comparative hardships, and the public
19 interest involved. In resolving the matter, the
20 Administration Commission may prescribe, by order, the
21 contents of the campus development agreement.
22 (17) Disputes that arise in the implementation of an
23 executed campus development agreement must be resolved as
24 follows:
25 (a) Each party shall select one mediator and notify
26 the other in writing of the selection. Thereafter, within 15
27 days after their selection, the two mediators selected by the
28 parties shall select a neutral, third mediator to complete the
29 mediation panel.
30 (b) Each party is responsible for all costs and fees
31 payable to the mediator selected by it and shall equally bear
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1 responsibility for the costs and fees payable to the third
2 mediator for services rendered and costs expended in
3 connection with resolving disputes pursuant to the campus
4 development agreement.
5 (c) Within 10 days after the selection of the
6 mediation panel, proceedings must be convened by the panel to
7 resolve the issues in dispute.
8 (d) Within 60 days after the convening of the panel,
9 the panel shall issue a report containing a recommended
10 resolution of the issues in dispute.
11 (e) If either the board of trustees Regents or local
12 government rejects the recommended resolution of the issues in
13 dispute, the disputed issues must be resolved pursuant to the
14 procedures provided by subsection (16).
15 (18) Once the campus development agreement is
16 executed, all campus development may proceed without further
17 review by the host local government if it is consistent with
18 the adopted campus master plan and associated campus
19 development agreement.
20 (19) A campus development agreement may be amended
21 under subsections (10)-(16):
22 (a) In conjunction with any amendment to the campus
23 master plan subject to the requirements in subsection (9).
24 (b) If either party delays by more than 12 months the
25 construction of a capital improvement identified in the
26 agreement.
27 (20) Any party to a campus development agreement or
28 aggrieved or adversely affected person, as defined in s.
29 163.3215(2), may file an action for injunctive relief in the
30 circuit court where the host local government is located to
31 enforce the terms of a campus development agreement or to
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1 challenge compliance of the agreement with this section. This
2 action shall be the sole and exclusive remedy of an adversely
3 affected person other than a party to the agreement to enforce
4 any rights or obligations arising from a development
5 agreement.
6 (21) State and regional environmental program
7 requirements remain applicable, except that this section
8 supersedes all other sections of part II of chapter 163 and s.
9 380.06 except as provided in this section.
10 (22) State Board of Education In consultation with the
11 state land planning agency, the Board of Regents shall adopt
12 rules implementing subsections (3)-(6) within 180 days after
13 July 1, 1993. The rules must set specific schedules and
14 procedures for the development and adoption of campus master
15 plans.
16 (23) Until the campus master plan and campus
17 development agreement for an institution have been finalized,
18 any dispute between the board of trustees Regents and a local
19 government relating to campus development for that institution
20 shall be resolved by the process established in subsection
21 (8).
22 Section 32. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.156,
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:
27 240.156 State University System Concurrency Trust
28 Fund.--Notwithstanding any other provision of law, the general
29 revenue service charge deducted pursuant to s. 215.20 on
30 revenues raised by any local option motor fuel tax levied
31 pursuant to s. 336.025(1)(b), as created by chapter 93-206,
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1 Laws of Florida, shall be deposited in the State University
2 System Concurrency Trust Fund, which is hereby created. Moneys
3 in such trust fund shall be for the purpose of funding State
4 University System offsite improvements to state universities
5 that are required to meet concurrency standards adopted under
6 part II of chapter 163. In addition, in any year in which
7 campus master plans are updated pursuant to s. 240.155, but no
8 more frequently than once every 5 years, up to 25 percent of
9 the balance in the trust fund for that year may be used to
10 defray the costs incurred in updating those campus master
11 plans.
12 Section 33. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.2011,
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:
17 240.2011 State universities and colleges University
18 System defined.--The state universities and colleges
19 University System shall consist of the following:
20 (1) The Board of Regents of the Division of
21 Universities of the Department of Education, with a central
22 office located in Leon County.
23 (1)(2) The University of Florida, with a main campus
24 located in Alachua County.
25 (2)(3) The Florida State University, with a main
26 campus located in Leon County.
27 (3)(4) The Florida Agricultural and Mechanical
28 University, with a main campus located in Leon County.
29 (4)(5) The University of South Florida, with a main
30 campus located in Hillsborough County and two fiscally
31 autonomous campuses, one in Pinellas County, named the
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1 University of South Florida St. Petersburg, and the other
2 named the University of South Florida Sarasota/Manatee.
3 (5)(6) The Florida Atlantic University, with partner
4 campuses located in Palm Beach County and Broward County.
5 (6)(7) The University of West Florida, with a main
6 campus located in Escambia County.
7 (7)(8) The University of Central Florida, with a main
8 campus located in Orange County.
9 (8)(9) The University of North Florida, with a main
10 campus located in Duval County.
11 (9)(10) The Florida International University, with a
12 main campus located in Dade County.
13 (10)(11) The Florida Gulf Coast University, with a
14 main campus located in Fort Myers.
15 (11)(12) New College of Florida, located in Sarasota
16 County, which is the 4-year residential liberal arts honors
17 college of the State of Florida.
18 Section 34. Section 240.2012, Florida Statutes, is
19 created to read:
20 240.2012 Board of trustees of the state universities
21 and colleges.--
22 (1)(a) It is the intent of the Legislature that each
23 state university and college shall be governed by a board of
24 trustees and that no department, bureau, division, agency, or
25 subdivision of the state shall exercise any responsibility or
26 authority to operate or regulate any state university or
27 college except as is specifically provided by law. Each state
28 university and college shall be an independent, separate legal
29 entity. The university and college boards of trustees and the
30 state universities and colleges are not state agencies unless
31 specifically provided by law.
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1 (b) The Governor shall appoint for each state
2 university and college a 12-member board of trustees. Each
3 member is subject to confirmation by the Senate in the regular
4 legislative session immediately following his or her
5 appointment. In addition to the 12 members of the board of
6 trustees, a main campus student body president shall serve as
7 an ex officio voting member of the board of trustees. There
8 shall be no state residency requirement for university and
9 college board members, but the Governor shall consider
10 diversity and regional representation. Members of the boards
11 of trustees shall receive no compensation, but may be
12 reimbursed for travel and per diem expenses as provided in s.
13 112.061.
14 (c) The Governor may remove a trustee for cause. Upon
15 a determination by a court of a second violation of s. 286.011
16 by a member of a university or college board of trustees, the
17 member is subject to removal for cause. Upon a determination
18 by a court that a member has knowingly violated s. 286.011,
19 the member shall be removed. The Governor shall appoint a new
20 member of the board pursuant to subsection (1). The penalties
21 imposed by this paragraph are cumulative to the penalties
22 imposed under s. 286.011. Violations of s. 286.011 prior to
23 the enactment of this paragraph shall not constitute
24 violations for purposes of this paragraph.
25 (2) Each board of trustees shall be a public body
26 corporate by the name of "The (name of university or college)
27 Board of Trustees," with all the powers of a body corporate,
28 including a corporate seal, the power to contract and be
29 contracted with, to sue and be sued, to plead and be impleaded
30 in all courts of law or equity, and to give and receive
31 donations. In all suits against a board of trustees, service
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1 of process shall be made on the chair of the board or, in the
2 absence of the chair, on the corporate secretary or designee.
3 In any suit, a change in personnel of the board shall not
4 abate the suit, which shall proceed as if such change had not
5 taken place.
6 (3) Boards of trustees' members shall be appointed for
7 staggered 4-year terms, and may be reappointed for additional
8 terms not to exceed 8 years of service.
9 (4) Each board of trustees shall select its chair and
10 vice chair from the appointed members at its first regular
11 meeting after July 1. The chair shall serve for 2 years and
12 may be reselected for one additional consecutive term. The
13 duties of the chair shall include presiding at all meetings of
14 the board, calling special meetings of the board, attesting to
15 actions of the board, and notifying the Governor in writing
16 whenever a board member fails to attend three consecutive
17 regular board meetings in any fiscal year, which failure may
18 be grounds for removal. The duty of the vice chair is to act
19 as chair during the absence or disability of the chair.
20 (5) The university or college president shall serve as
21 executive officer and corporate secretary of the board of
22 trustees and shall be responsible to the board for all
23 operations of the university or college and for setting the
24 agenda for meetings of the board in consultation with the
25 chair.
26 (6) The boards of trustees shall be responsible for
27 cost-effective policy decisions appropriate to the mission of
28 the state university or college; the implementation and
29 maintenance of high-quality education programs within law and
30 rules of the State Board of Education; the measurement of
31 performance, the reporting of information; and the provision
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1 of input regarding state policy, budgeting, and education
2 standards.
3 (7) University and college boards of trustees shall be
4 corporations primarily acting as instrumentalities or agencies
5 of the state, pursuant to s. 768.28(2), for purposes of
6 sovereign immunity.
7 Section 35. Section 240.20125, Florida Statutes, is
8 created to read:
9 240.20125 State University and College Boards of
10 Trustees Council.--
11 (1) The State University and College Boards of
12 Trustees Council is established, to be comprised of the
13 chairpersons of each of the university and college boards of
14 trustees and the chairperson of the State Board of Education.
15 The council is directed to provide statewide policy direction
16 and guidance relative to the state universities and colleges.
17 (2) All meetings of the State University and College
18 Boards of Trustees Council shall be open to the public in
19 accordance with s. 286.011 and s. 24(b), Art. I of the State
20 Constitution, unless made confidential or exempt by law.
21 Section 36. Section 240.2013, Florida Statutes, is
22 created to read:
23 240.2013 Powers and duties of university and college
24 boards of trustees.--
25 (1) Each university and college board of trustees is
26 vested with the authority to govern and set policy for its
27 university or college in accordance with law and with rules of
28 the State Board of Education. Each board of trustees shall
29 perform all duties assigned by law or by rule of the State
30 Board of Education.
31
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1 (2) Each university and college board of trustees may
2 adopt rules, pursuant to chapter 120, and policies consistent
3 with the university and college mission, with law, and with
4 the rules of the State Board of Education, including rules and
5 policies for:
6 (a) Selecting the president to serve at the pleasure
7 of the board and to perform the duties assigned by the board
8 or otherwise provided by law or by rule.
9 (b) Fixing the compensation and other conditions of
10 employment of the president.
11 (c) Conducting annual evaluations of the president,
12 submitting such evaluations to the Commissioner of Education
13 for review, and suspending or removing the president in
14 accordance with guidelines established by the State Board of
15 Education.
16 (d) Appointing a presidential search committee to make
17 recommendations to the board of trustees, from which the board
18 may select the university or college president.
19 (e) In consultation with the university or college
20 president, defining and developing a strategic plan for the
21 university or college for recommendation to the Commissioner
22 of Education and the State Board of Education, as provided by
23 law, and specifying institutional goals and objectives.
24 (f) Providing for academic freedom and academic
25 responsibility at the university or college.
26 (g) In consultation with the university or college
27 president, submitting an institutional budget request,
28 including a request for fixed capital outlay, to the
29 Commissioner of Education in accordance with guidelines
30 established by the State Board of Education.
31
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1 (h) Approving new and terminating existing
2 undergraduate and graduate degree programs up to and including
3 the master's degree level. New colleges, schools, or
4 functional equivalents of any program leading to a degree that
5 is offered as a credential for a specific license granted
6 under the Florida Statutes or the State Constitution may not
7 be established without specific approval of the Legislature.
8 (i) Purchasing, acquiring, receiving, holding, owning,
9 managing, leasing, selling, disposing of, and conveying title
10 to real property that are not state lands in accordance with
11 the rules of the State Board of Education. Notwithstanding s.
12 253.025, university and college boards of trustees may
13 purchase, acquire, receive, hold, own, manage, lease, sell,
14 dispose of, or convey title to real property that are state
15 lands and related improvements, subject to approval of the
16 Board of Internal Improvement Trust Fund or the Division of
17 State Lands. This paragraph does not abrogate in any manner
18 the authority delegated to the Board of Trustees of the
19 Internal Improvement Trust Fund or the Division of State Lands
20 to require policies and procedures to obtain clear title to
21 parcels purchased for university or college purposes. The
22 university and college boards of trustees may secure
23 appraisals and surveys for state lands. The university and
24 college boards of trustees shall comply with the rules of the
25 Board of Trustees of the Internal Improvement Trust Fund in
26 securing appraisals for state lands. Whenever the university
27 and college boards of trustees find it necessary for timely
28 property acquisition of state lands, they may contract,
29 without the need for competitive selection, with one or more
30 appraisers whose names are contained on the list of approved
31 appraisers maintained by the Division of State Lands in the
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1 Department of Environmental Protection. The university and
2 college boards of trustees may negotiate and enter into an
3 option contract before an appraisal is obtained for state
4 lands. The option contract must state that the final purchase
5 price for state lands may not exceed the maximum value allowed
6 by law. Title to state lands leased to the university and
7 college boards of trustees shall remain vested with the Board
8 of Internal Improvement Trust Fund. The university and college
9 boards of trustees shall become successors in interest to
10 leases of state lands leased to the State Board of Education
11 for use by the state universities and colleges.
12 (j) Entering into agreements for and accepting credit
13 card, charge card, and debit card payments as compensation for
14 goods, services, tuition, and fees.
15 (k) Establishing the personnel program for all
16 employees of the university or college in accordance with the
17 law and the rules of the State Board of Education, including
18 compensation and other conditions of employment, recruitment
19 and selection, nonreappointment, standards for performance and
20 conduct, evaluation, benefits and hours of work, recognition,
21 inventions and works, travel, learning opportunities, academic
22 freedom and responsibility, promotion, assignment, demotion,
23 transfer, tenure and permanent status, ethical obligations and
24 conflicts of interest, restrictive covenants, disciplinary
25 actions, complaints, appeals and grievance procedures, and
26 separation and termination from employment. The Department of
27 Management Services shall retain authority over state
28 university and college employees for programs established in
29 ss. 110.123, 110.1232, 110.1234, and 110.1238 and in chapters
30 121, 122, and 238.
31
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1 (l) Establishing and maintaining a personnel exchange
2 program.
3 (m) Ensuring compliance with federal laws,
4 regulations, and requirements.
5 (n) Using, maintaining, protecting, and controlling
6 university and college owned or university and college
7 controlled buildings and grounds, property and equipment,
8 name, trademarks and other proprietary marks, and the
9 financial and other resources of the university or college.
10 Such authority may include placing restrictions on activities;
11 access to facilities; the possession of firearms, food,
12 tobacco, and alcoholic beverages; the distribution of printed
13 materials; animals or their use; and levels of sound. The
14 authority vested in the board in this subsection includes the
15 prioritization of the use of space, property, equipment, and
16 resources, and the imposition of charges for such use.
17 (o) Providing and coordinating policies relating to
18 credit and noncredit educational offerings by the university
19 or college.
20 (p) Establishing a procurement program for the
21 purchase, lease, or acquisition in any manner of goods,
22 materials, equipment, and services required by the university
23 or college, and providing university or college goods,
24 materials, and services through sale, lease, license, or any
25 other manner. University and college boards of trustees must
26 comply with s. 287.055 for the procurement of professional
27 services as defined therein.
28 (q) Establishing and administering faculty practice
29 plans for the academic health science centers.
30 (r) Exercising the right of eminent domain whenever a
31 university or college board of trustees finds it is necessary
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1 for the welfare or convenience of the university or college to
2 acquire private property for the use of the university or
3 college, and the same cannot be acquired by agreement
4 satisfactory to the university or college boards of trustees
5 and parties interested in, or the owners of, said private
6 property. The university or college board of trustees may
7 exercise the right of eminent domain after receiving approval
8 from the State Board of Education and may proceed to condemn
9 the property in the manner provided by chapters 73 and 74.
10 (s) Ensuring compliance with s. 287.09451 for all
11 university or college procurement, and additionally, ss.
12 255.101 and 255.102, for construction contracts, and rules
13 pursuant thereto, relating to the use of minority business
14 enterprises, except that procurements costing less than the
15 amount provided for in CATEGORY FIVE as provided in s. 287.017
16 are not subject to s. 287.09451.
17 (t) Establishing a program for the maintenance and
18 construction of facilities for the state universities and
19 colleges and securing, or otherwise providing as a
20 self-insurer pursuant to s. 440.38(6), workers' compensation
21 coverage for contractors and subcontractors, or each of them,
22 employed by or on behalf of the university or college board of
23 trustees.
24 (u) Ensuring that a school, college, or center at a
25 state university or college is not named for a living person
26 unless approved by the State Board of Education.
27 (v) Managing university and college enrollment as
28 provided by law and the appropriation acts.
29 (w) Advising students who meet the minimum
30 requirements for admission to the upper-division of a state
31 university or college, but are denied admission to limited
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1 access programs, of the availability of similar programs at
2 other state universities and colleges and the admissions
3 requirements of such programs.
4 (x) Ensuring that at least half of the required
5 coursework for any baccalaureate degree in the system is
6 offered at the lower-division level, except in program areas
7 approved by the State Board of Education.
8 (y) Ensuring that university and college students are
9 aware of program prerequisites for programs certified as
10 unique pursuant to s. 229.551(1)(f)5.
11 (z) Governing student activities and organizations.
12 (3) A state university or college board of trustees
13 may authorize the rent or lease of parking facilities if the
14 facilities are funded through parking fees or parking fines
15 imposed by a university or college. A board of trustees may
16 authorize a university or college to charge fees for parking
17 at such rented or leased parking facilities.
18 (4) Each board of trustees shall implement the
19 university facilities plan in accordance with law and
20 guidelines of the Commissioner of Education's Office of
21 Educational Facilities and SMART Schools Clearinghouse.
22 (5) A board of trustees shall perform any other duties
23 that are provided by law or rule of the State Board of
24 Education.
25 (6) For purposes of chapter 284, university and
26 college boards of trustees are state agencies. However, the
27 university and college boards of trustees may become exempt
28 from the provisions of chapter 284 if the Department of
29 Insurance determines that the university or college board of
30 trustees maintains insurance protection that is comparable or
31
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1 greater than the coverage limits provided under the State Risk
2 Management Trust Fund.
3 Section 37. Section 240.2014, Florida Statutes, is
4 created to read:
5 240.2014 University and college presidents; powers and
6 duties.--
7 (1) The president is the chief executive officer of
8 the university or college, shall be corporate secretary of the
9 state university or college board of trustees, and is
10 responsible for the operation and administration of the
11 university or college. Each university and college president
12 shall:
13 (a) Recommend the adoption of rules to the state
14 university or college board of trustees to implement
15 provisions of law governing the operation and administration
16 of the university or college, which shall include the specific
17 powers and duties enumerated in this section.
18 (b) Prepare a budget request and an operating budget
19 for approval by the university or college board of trustees.
20 (c) Administer the university or college personnel
21 system within law and rules of the State Board of Education
22 and in accordance with rules or policies approved by the
23 university or college board of trustees.
24 (d) Govern admissions, subject to laws, rules, and
25 policies of the university or college board of trustees and
26 the State Board of Education.
27 (e) Approve, execute, and administer contracts for and
28 on behalf of the university or college board of trustees for
29 the acquisition of commodities, goods, licenses, equipment,
30 services, leases of real and personal property, and planning
31 and construction to be rendered to or by the university or
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1 college. Any contract exceeding $1 million must be approved by
2 the university or college board of trustees before the
3 contract is entered. University and college presidents shall
4 comply with s. 287.055 for the procurement of professional
5 services. For purposes of a university or college president's
6 contracting authority, a "continuing contract" for
7 professional services under s. 287.055 is one in which
8 construction costs do not exceed $1 million or the fee for
9 study activity does not exceed $100,000.
10 (f) Manage the property and other resources of the
11 university or college.
12 (g) Establish the academic calendar of the university
13 or college.
14 (h) Administer the university's or college's program
15 of intercollegiate athletics.
16 (i) Recommend to the board of trustees the
17 establishment and termination of undergraduate and
18 master's-level degree programs.
19 (j) Award degrees.
20 (k) Recommend to the board of trustees a schedule of
21 tuition and fees to be charged by the university or college,
22 within law and rules of the State Board of Education.
23 (l) Review periodically the operations of the
24 university or college in order to determine how effectively
25 and efficiently the university or college is being
26 administered and whether it is meeting the goals of its
27 strategic plan adopted by the State Board of Education.
28 (m) Enter into agreements for student-exchange
29 programs that involve students at the university or college
30 and students in other institutions of higher learning.
31
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1 (n) Provide purchasing, contracting, and budgetary
2 review processes for student government organizations.
3 (o) Ensure compliance with federal and state laws,
4 rules, and other requirements that are applicable to the
5 university or college.
6 (p) Maintain all data and information pertaining to
7 the operation of the university or college, and report on the
8 attainment by the university or college of institutional and
9 statewide performance accountability goals.
10 (q) Administer matters relating to students such as
11 classification, attendance, progress, student accounts,
12 discipline, suspension, expulsion, and graduation subject to
13 the law, the rules of the State Board of Education, and the
14 rules of the university and college boards of trustees.
15 (2) For purposes of this chapter, the powers, duties,
16 and authority vested with a university or college shall be
17 vested with the president of the university or college or his
18 or her designee. Unless expressly prohibited by law, rule of
19 the State Board of Education, or rule of the university or
20 college board of trustees, each university and college
21 president may delegate any power, duty, or authority vested in
22 the university or college president by law, rule of the State
23 Board of Education, or rule of the university or college board
24 of trustees.
25 Section 38. Sections 240.202 and 240.203, Florida
26 Statutes; section 240.205, Florida Statutes, as amended by
27 section 32 of chapter 2001-170, Laws of Florida; section
28 240.207, Florida Statutes; and section 240.209, Florida
29 Statutes, as amended by section 34 of chapter 2001-170, Laws
30 of Florida, and sections 9, 10, and 52 of chapter 2001-254,
31 Laws of Florida, are repealed.
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1 Section 39. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.2093,
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:
6 240.2093 State Board of Education Board of Regents;
7 issuance of bonds pursuant to s. 11(f), Art. VII, State
8 Constitution.--
9 (1) Pursuant to s. 11(f), Art. VII of the State
10 Constitution, the State Board of Education Board of Regents of
11 the State University System, supported by the building fee,
12 the capital improvement fee, or any other revenue approved by
13 the Legislature for facilities construction, is authorized to
14 request the issuance of bonds or other forms of indebtedness
15 pursuant to the State Bond Act to finance or refinance capital
16 projects authorized by the Legislature. In order to take
17 advantage of economic conditions, the Division of Bond Finance
18 shall process requests by the State Board of Education Board
19 of Regents to refinance capital projects under this section on
20 a priority basis.
21 (2) The State Board of Education Board of Regents may
22 approve the issuance of revenue bonds or other forms of
23 indebtedness by a direct-support organization when such
24 revenue bonds or other forms of indebtedness are used to
25 finance or refinance capital projects that which are to
26 provide facilities necessary and desirable to serve the needs
27 and purposes of the state universities and colleges
28 university, as determined by the systemwide strategic plan
29 adopted by the State Board of Education Board of Regents, and
30 when the project has been approved by the Legislature.
31
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1 Section 40. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.2094,
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:
6 240.2094 State university and college University
7 System management flexibility.--
8 (1) Notwithstanding the provisions of s. ss. 216.031,
9 216.181, 216.262, and 240.271 to the contrary and pursuant to
10 the provisions of s. 216.351, but subject to any guidelines
11 imposed in the General Appropriations Act, funds for the
12 operation of the state universities and colleges State
13 University System shall be requested and appropriated as
14 grants and aids. within budget entities, program components,
15 program categories, lump sums, or special categories. Funds
16 appropriated to the State University System for each program
17 category, lump sum, or special category may be transferred to
18 traditional categories for expenditure by the Board of
19 Regents. The Board of Regents shall provide each university an
20 approved budget based upon the appropriations act, and the
21 universities shall develop an annual operating budget that
22 allocates funds by program component and traditional
23 expenditure category.
24 (2) Notwithstanding the provisions of s. 216.181 and
25 pursuant to the provisions of s. 216.351, but subject to any
26 requirements imposed in the General Appropriations Act, no
27 lump-sum plan is required to implement the special categories,
28 program categories, or lump-sum appropriations. Upon release
29 of the special categories, program categories, or lump-sum
30 appropriations to the Board of Regents, the Comptroller, upon
31 the request of the Board of Regents, shall transfer or
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1 reallocate funds to or among accounts established for each
2 university within each budget entity, for disbursement
3 purposes. The Board of Regents shall maintain records to
4 account for the original appropriation.
5 (3) Notwithstanding the provisions of ss. 216.031,
6 216.181, 216.251, and 216.262 to the contrary and pursuant to
7 the provisions of s. 216.351, but subject to any requirements
8 imposed in the General Appropriations Act, the Board of
9 Regents shall establish the authorized positions and initial
10 approved salary rate and may amend such positions and rate,
11 within the maximum number of total positions and salary rate
12 authorized annually in the appropriations act.
13 Section 41. Sections 240.20941, 240.2095, and
14 240.2097, Florida Statutes, are repealed.
15 Section 42. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.2098,
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:
20 240.2098 University Student ombudsman office.--
21 (1) There is created at Each university and college
22 shall have a student ombudsman office, which is accountable to
23 the president.
24 (2) Each university and college must have an
25 established procedure by which a student may appeal to the
26 office of the ombudsman a decision that is related to the
27 student's access to courses and credit granted toward the
28 degree. Each university and college must notify students of
29 the appeal procedure. Detailed information concerning this
30 procedure must be included in the university catalog.
31
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1 (3) Each university shall develop minimum standards
2 for the role of ombudsman or student advocate. The standards
3 shall address the issue of notification of students of
4 opportunities for assistance or appeal.
5 Section 43. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.2099,
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:
10 240.2099 Computer-assisted student advising system;
11 plans.--The State Board of Education shall establish the
12 Florida Center for Advising and Academic Support whose mission
13 shall be to promote system integration and articulation among
14 K-20 educational organizations through the implementation of a
15 statewide student advising system. The system Board of Regents
16 and State Board of Community Colleges shall develop plans for
17 implementing a single, statewide computer-assisted student
18 advising system, which must be an integral part of the process
19 of advising, admitting, registering, and certifying students
20 for graduation. The Plans shall include timelines for the
21 implementation of the system and shall be submitted to the
22 Legislature by October 1, 1996. It is intended that an
23 advising system shall be the primary advising and tracking
24 tool for students enrolled in community colleges, colleges,
25 and universities and shall be accessible to students enrolled
26 in each of the state universities, colleges, community
27 colleges, and public secondary schools. The Commissioner of
28 Education shall establish a committee to oversee the
29 development and maintenance of the advising system. The
30 university, college, and community college boards of trustees
31 shall implement the Florida Academic Counseling and Tracking
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1 System. The State University System and the community college
2 system shall establish a committee to oversee the development
3 and maintenance of the advising system. The system shall
4 consist of a degree audit and an articulation component that
5 includes the following characteristics:
6 (1) The system shall constitute an integral part of
7 the process of advising students and assisting them in course
8 selection. The system shall be accessible to students in the
9 following ways:
10 (a) A student must be able to access the system, at
11 any time, to identify course options that will meet the
12 requirements of a selected path toward a degree.
13 (b) A status report from the system shall be generated
14 and sent with each grade report to each student with a
15 declared major.
16 (2) The system shall be an integral part of the
17 registration process. As part of the process, the system
18 shall:
19 (a) Provide reports that document each student's
20 status toward completion of a degree.
21 (b) Verify that a student has completed requirements
22 for graduation.
23 (3) The system must provide management information to
24 decisionmakers, including information relating student
25 enrollment patterns and course demands to plans for
26 corresponding course offerings and information useful in
27 planning the student registration process.
28 (4) The Florida Center for Advising and Academic
29 Support shall also work with the public secondary system to
30 provide computer-assisted student advising through which
31 students may obtain information related to career
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1 descriptions, corresponding educational requirements,
2 admission into state universities and colleges, and financial
3 aid.
4 (5) The Florida Center for Advising and Academic
5 Support shall report annually to the President of the Senate
6 and the Speaker of the House of Representatives by December 1,
7 the universities, colleges, and community colleges that have
8 not implemented the statewide computer-assisted student
9 advising system.
10 Section 44. Sections 240.2111 and 240.2112, Florida
11 Statutes, are repealed.
12 Section 45. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.213,
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:
17 240.213 University and college boards of trustees
18 Board authorized to secure liability insurance.--
19 (1) Each university and college board of trustees may
20 The Board of Regents is authorized to secure, or otherwise
21 provide as a self-insurer, or by a combination thereof,
22 comprehensive general liability insurance, including
23 professional liability for health care and veterinary
24 sciences, for:
25 (a) The university or college board of trustees board.
26 (b) The students of the university or college and
27 faculty of any university within the State University System.
28 (c) The officers, members, employees, faculty, or
29 agents of the university or college board of trustees board.
30 (d) The state university or college, or any college,
31 school, institute, center, or program thereof.
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1 (d) The professional practitioners practicing a
2 profession within, or by virtue of employment by, any
3 university in the State University System.
4 (e) Any of the universities in the State University
5 System or subdivisions thereof.
6 (e)(f) Any not-for-profit corporation organized
7 pursuant to chapter 617, and the directors, officers,
8 employees, and agents thereof, which is affiliated with a
9 state university or college in the State University System, if
10 the corporation is operated for the benefit of a state
11 university or college in a manner consistent with the best
12 interests of the state, and if such participation is approved
13 by the self-insurance program appropriate insurance trust fund
14 council, university or college president, and the university
15 or college board of trustees Board of Regents.
16
17 The Board of Regents is authorized to delegate to the
18 universities, as appropriate, the authority to secure any
19 liability insurance for the above.
20 (2) If a university or college board of trustees
21 adopts a self-insurance program, the university or college
22 board of trustees shall establish a governing council to
23 administer the program, including the administration of the
24 self-insurance program assets and expenditures, which shall be
25 defined by rules adopted by the university or college board of
26 trustees. If the self-insurance program is established for
27 health care or veterinary services, the vice president of
28 health affairs or his or her academic equivalent shall be the
29 chair of the governing council. Each university or college
30 board of trustees shall ensure that the governing council
31 performs an annual actuarial review to establish funding
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1 requirements to maintain the fiscal integrity of the
2 self-insurance program. In the event the Board of Regents
3 adopts a self-insurance program, the necessary trust funds in
4 the State Treasury may be established pursuant to law.
5 Provided that the annual actuarial report to the
6 self-insurance trust fund council is provided each year to the
7 Auditor General within 60 days after acceptance by the
8 council, The assets of a self-insurance program shall may be
9 deposited outside the State Treasury, and at the option of the
10 Board of Regents, in accounts established pursuant to law for
11 that purpose. Self-insurance program trust funds shall be
12 administered in accordance with rules adopted by each
13 university or college board of trustees established by the
14 Board of Regents. Each self-insurance program governing
15 council shall make provisions for an annual postaudit of its
16 financial accounts to be conducted by an independent certified
17 public accountant in accordance with the rules adopted by the
18 university or college board of trustees. The annual audit
19 report shall include a management letter and shall be
20 submitted, within 9 months after the end of the fiscal year,
21 to the board of trustees and the Auditor General for review.
22 The university and college boards of trustees, the Auditor
23 General, and the Office of Program Policy Analysis and
24 Government Accountability may require and receive from the
25 self-insurance program council or from its independent auditor
26 any detail or supplemental data relative to the operation of
27 the self-insurance program.
28 (3) Any self-insurance program created pursuant to
29 this section shall be funded by the entities and individuals
30 protected by such program. Funds may not be appropriated to
31 any self-insurance fund. The assets of the self-insurance
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1 program shall be the property of the university or college
2 board of trustees and shall be used to pay the administrative
3 expenses of the self-insurance program and to pay any claim,
4 judgment, or claims bill arising out of activities for which
5 the self-insurance program was created. Investment income that
6 is in excess of that income necessary to ensure the solvency
7 of a self-insurance program as established by a casualty
8 actuary may be used to defray the annual contributions paid
9 into the program by the entities and individuals protected by
10 the program. There shall be no funds appropriated directly to
11 any insurance trust fund. The Board of Regents is authorized
12 to accept any payments, receipts, gifts, or donations made for
13 the purposes of this section and deposit such funds in the
14 appropriate insurance trust fund.
15 (4) No self-insurance program adopted by a university
16 or college board of trustees the Board of Regents may sue or
17 be sued. The Board of Regents shall pay, out of the assets of
18 a trust fund established pursuant to this section, any claim
19 or judgment for which the self-insurance trust funds were
20 created and which is rendered against the board. The claims
21 files of any such program are privileged and confidential,
22 exempt from the provisions of s. 119.07(1), and are only for
23 the use of the program in fulfilling its duties. Any
24 self-insurance trust fund and revenues generated by that fund
25 shall only be used to pay claims and administration expenses.
26 (5) The university and college boards of trustees may
27 adopt Board of Regents is authorized and empowered to make
28 such rules as may be necessary to carry out the provisions of
29 this section, including the delegation of authority, other
30 than rulemaking authority, to appropriate levels of
31 administration within the State University System.
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1 (6) The claims files of a self-insurance program
2 adopted under this section are exempt from s. 119.07(1) and s.
3 24(a), Art. I of the State Constitution.
4 Section 46. Notwithstanding subsection (7) of section
5 3 of chapter 2000-321, Laws of Florida, section 240.214,
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:
9 240.214 State university and college System
10 accountability process.--It is the intent of the Legislature
11 that an accountability process be implemented which provides
12 for the systematic, ongoing evaluation of quality and
13 effectiveness of the state universities and colleges in the
14 State University System. It is further the intent of the
15 Legislature that this accountability process monitor
16 performance at the system level in each of the major areas of
17 instruction, research, and public service, while recognizing
18 the differing missions of each of the state universities and
19 colleges. The accountability process shall provide for the
20 adoption of systemwide performance standards and performance
21 goals for each standard identified through a collaborative
22 effort involving the state universities and colleges State
23 University System, the Legislature, and the Governor's Office.
24 These standards and goals shall be consistent with s.
25 216.011(1) to maintain congruity with the performance-based
26 budgeting process. This process requires that university and
27 college accountability reports reflect measures defined
28 through performance-based budgeting. The performance-based
29 budgeting measures must also reflect the elements of teaching,
30 research, and service inherent in the missions of the state
31
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1 universities and colleges institutions in the State University
2 System.
3 (1) By December 31 of each year, the State Board of
4 Education Board of Regents shall submit an annual
5 accountability report providing information on the
6 implementation of performance standards, actions taken to
7 improve university and college achievement of performance
8 goals, the achievement of performance goals during the prior
9 year, and initiatives to be undertaken during the next year.
10 The accountability reports shall be designed in consultation
11 with the Governor's Office, the Office of Program Policy
12 Analysis and Government Accountability, and the Legislature.
13 (2) The State Board of Education Board of Regents
14 shall recommend in the annual accountability report any
15 appropriate modifications to this section.
16 Section 47. Section 240.2145, Florida Statutes, is
17 repealed.
18 Section 48. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.215,
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:
23 240.215 Payment of costs of civil action against
24 officers, agents, members, or employees of a university or
25 college board of trustees employees or members of the Board of
26 Regents.--
27 (1) Whenever any civil action has been brought against
28 any officer, agent, member, or employee of a university or
29 college board of trustees board member or employee for any act
30 or omission arising out of and in the course of the
31 performance of his or her duties and responsibilities, the
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1 university or college board of trustees Board of Regents may
2 defray all costs of defending such action, including
3 reasonable attorney's fees and expenses together with costs of
4 appeal, and may save harmless and protect such person from any
5 financial loss resulting from the lawful performance of his or
6 her duties and responsibilities. A university or college board
7 of trustees may settle claims based on such acts or omissions
8 before or after the filing of suit. Claims based on such
9 actions or omissions may, in the discretion of the Board of
10 Regents, be settled prior to or after the filing of suit
11 thereon. A university or college board of trustees The Board
12 of Regents may arrange for and pay the premium for appropriate
13 insurance to cover all such losses and expenses.
14 (2) An employee or agent under the right of control of
15 a university or college board of trustees the Board of Regents
16 who, pursuant to the university or college board of trustees'
17 Board of Regents' policies or rules, renders medical care or
18 treatment at any hospital or health care facility with which a
19 university or college board of trustees the Board of Regents
20 maintains an affiliation agreement whereby the hospital or
21 health care facility provides to the university or college
22 board of trustees Board of Regents a clinical setting for
23 health care education, research, and services, shall not be
24 deemed to be an agent of any person other than the university
25 or college board of trustees Board of Regents in any civil
26 action resulting from any act or omission of the employee or
27 agent while rendering said medical care or treatment. For this
28 subsection to apply, the patient shall be provided separate
29 written conspicuous notice by the university or college board
30 of trustees Board of Regents or by the hospital or health care
31 facility, and shall acknowledge receipt of this notice, in
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1 writing, unless impractical by reason of an emergency, either
2 personally or through another person authorized to give
3 consent for him or her, that he or she will receive care
4 provided by university or college board of trustees' Board of
5 Regents' employees and liability, if any, that may arise from
6 that care is limited as provided by law. Compliance by a
7 hospital or health care facility with the requirements of
8 chapter 395 or s. 766.110(1) shall not be used as evidence in
9 any civil action to establish an agency relationship between
10 the hospital or health care facility and an employee or agent
11 of a university or college board of trustees the Board of
12 Regents providing services within the hospital or health care
13 facility.
14 (3) All faculty physicians employed by a university or
15 college board of trustees the Board of Regents who are subject
16 to the requirements of s. 456.013 shall complete their risk
17 management continuing education on issues specific to academic
18 medicine. Such continuing education shall include instruction
19 for the supervision of resident physicians as required by the
20 Accreditation Council for Graduate Medical Education. The
21 boards described in s. 456.013 shall adopt rules to implement
22 the provisions of this subsection.
23 (4) The university and college boards of trustees may
24 use any funds There are appropriated out of any funds
25 available in the university system, not subject to the
26 obligation of contract, covenant, or trust, or otherwise
27 restricted by law, the amounts necessary to carry out the
28 purposes of this section.
29 (5) Failure of a university or college board of
30 trustees the Board of Regents or an affiliated health care
31 provider to do any act authorized by this section shall not
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1 constitute a cause of action against the university or college
2 board of trustees, its members, officers, agents, or employees
3 Board of Regents, or an affiliated health care provider, or
4 any of its their members, officers, or employees.
5 Section 49. Sections 240.217 and 240.219, Florida
6 Statutes, are repealed.
7 Section 50. Notwithstanding subsection (7) of section
8 3 of chapter 2000-321, Laws of Florida, section 240.222,
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:
12 240.222 Assent to Hatch Act and Morrill Land-Grant
13 Acts Act.--The assent of the Legislature is given to the
14 provisions and requirements of the Acts Act of Congress
15 commonly known as the "Hatch Act of 1887," and the Act of
16 Congress commonly known as the "First Morrill Act of 1862,"
17 and the "Second Morrill Act of 1890," and all acts
18 supplemental thereto., and The Board of Trustees of the
19 University of Florida Regents may receive grants of money
20 appropriated under said acts, insofar as the same, or so much
21 thereof, can be used and appropriated for the benefit of the
22 University of Florida Institute of Food and Agricultural
23 Sciences with respect to the First Morrill Act and the Hatch
24 Act, and all acts supplemental thereto, and the Florida
25 Agricultural and Mechanical University Board of Trustees may
26 receive grants of money appropriated for the benefit of
27 Florida Agricultural and Mechanical University in the case of
28 the Second Morrill Act, and all acts supplemental thereto
29 State University System. The provisions of chapter 3564, 1885,
30 Laws of Florida, and s. 7, chapter 1776, 1870, Laws of
31 Florida, are made applicable to such universities the State
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1 University System insofar as the same are or can be made
2 effective; and all estate, right, property claim, and
3 emoluments, and the rents and issues thereof, or any
4 substitutions thereof, and all claims and demands arising or
5 that may or can arise thereunder, or any Act of Congress in
6 that regard, are hereby preserved, maintained, and transferred
7 to the University of Florida Board of Trustees and Florida
8 Agricultural and Mechanical University Board of Trustees Board
9 of Regents for the use and benefit of such universities under
10 the terms of the acts the State University System.
11 Section 51. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.223,
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:
16 240.223 University and college boards of trustees
17 Board of Regents empowered to act as trustees trustee.--
18 (1) Whenever appointed by any competent court of the
19 state, or by any statute, or in any will, deed, or other
20 instrument, or in any manner whatever as trustee of any funds
21 or real or personal property in which any of the institutions
22 or agencies under its management, control, or supervision, or
23 their departments or branches or students, faculty members,
24 officers, or employees, may be interested as beneficiaries, or
25 otherwise, or for any educational purpose, the university or
26 college board of trustees may Board of Regents is hereby
27 authorized to act as trustees trustee with full legal capacity
28 as trustees trustee to administer such trust property, and the
29 title thereto shall vest in the university or college board of
30 trustees said board as trustee. In all such cases, the
31 university or college board of trustees Board of Regents shall
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1 have the power and capacity to do and perform all things as
2 fully as any individual trustee or other competent trustee
3 might do or perform, and with the same rights, privileges, and
4 duties, including the power, capacity, and authority to
5 convey, transfer, mortgage, or pledge such property held in
6 trust and to contract and execute all other documents relating
7 to said trust property which may be required for, or
8 appropriate to, the administration of such trust or to
9 accomplish the purposes of any such trust.
10 (2) Deeds, mortgages, leases, and other contracts of a
11 university or college board of trustees the Board of Regents
12 relating to real property of any such trust or any interest
13 therein may be executed by the university or college board of
14 trustees Board of Regents, as trustee, in the same manner as
15 is provided by the laws of the state for the execution of
16 similar documents by other corporations or may be executed by
17 the signatures of a majority of the members of the board of
18 trustees; however, to be effective, any such deed, mortgage,
19 or lease contract for more than 10 years of any trust
20 property, executed hereafter by the university or college
21 board of trustees Board of Regents, shall be approved by a
22 resolution of the State Board of Education; and such approving
23 resolution may be evidenced by the signature of either the
24 chair or the secretary of the State Board of Education to an
25 endorsement on the instrument approved, reciting the date of
26 such approval, and bearing the seal of the State Board of
27 Education. Such signed and sealed endorsement shall be a part
28 of the instrument and entitled to record without further
29 proof.
30 (3) All prior acts of and appointments by the former
31 Board of Regents are hereby approved, ratified, confirmed, and
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1 validated. Any and all such appointments of, and acts by, the
2 Board of Regents as trustee of any estate, fund, or property
3 prior to May 18, 1949, are hereby validated, and said board's
4 capacity and authority to act as trustee in all of such cases
5 is ratified and confirmed; and all deeds, conveyances, lease
6 contracts, and other contracts heretofore executed by the
7 Board of Regents, either by the signatures of a majority of
8 the members of the board or in the board's name by its chair
9 or chief executive officer, are hereby approved, ratified,
10 confirmed, and validated.
11 (4) This section does not Nothing herein shall be
12 construed to authorize a university or college board of
13 trustees the Board of Regents to contract a debt on behalf of,
14 or in any way to obligate, the state; and the satisfaction of
15 any debt or obligation incurred by a university or college
16 board of trustees the Board of Regents as trustee under the
17 provisions of this section shall be exclusively from the trust
18 property, mortgaged or encumbered; and nothing herein shall in
19 any manner affect or relate to the provision of part I of
20 chapter 243.
21 Section 52. Notwithstanding subsection (7) of section
22 3 of chapter 2000-321, Laws of Florida, section 240.229,
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:
26 240.229 Universities and colleges; powers; patents,
27 copyrights, and trademarks.--Any other law to the contrary
28 notwithstanding, each university and college is authorized, in
29 its own name, to:
30 (1) Perform all things necessary to secure letters of
31 patent, copyrights, and trademarks on any work products and to
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1 enforce its rights therein. The university and college shall
2 consider contributions by university or college personnel in
3 the development of trademarks, copyrights, and patents and
4 shall enter into written contracts with such personnel
5 establishing the interests of the university or college and
6 such personnel in each trademark, copyright, or patent.
7 (2) License, lease, assign, or otherwise give written
8 consent to any person, firm, or corporation for the
9 manufacture or use thereof, on a royalty basis or for such
10 other consideration as the university or college shall deem
11 proper.
12 (3) Take any action necessary, including legal action,
13 to protect the same against improper or unlawful use or
14 infringement.
15 (4) Enforce the collection of any sums due the
16 university or college for the manufacture or use thereof by
17 any other party.
18 (5) Sell any of the same and execute all instruments
19 necessary to consummate any such sale.
20 (6) Do all other acts necessary and proper for the
21 execution of powers and duties herein conferred upon the
22 university or college. The university or college board of
23 trustees may adopt rules to implement, including adopting
24 rules, as necessary, in order to administer this section. Any
25 proceeds therefrom shall be deposited and expended in
26 accordance with s. 240.241. Any action taken by the university
27 or college in securing or exploiting such trademarks,
28 copyrights, or patents shall, within 30 days, be reported in
29 writing by the president to the Department of State.
30 Section 53. Section 240.231, Florida Statutes, is
31 repealed.
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1 Section 54. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.233,
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:
6 240.233 Universities and colleges; admissions of
7 students.--Each university and college board of trustees may
8 is authorized to adopt rules governing the admission of
9 students, subject to this section and rules of the State Board
10 of Education Board of Regents.
11 (1) Minimum academic standards for undergraduate
12 admission to a university or college must include the
13 requirements that:
14 (a) Each student have received a high school diploma
15 pursuant to s. 232.246, or its equivalent, except as provided
16 in s. 240.116(2) and (3).
17 (b) Each student have successfully completed a
18 college-preparatory curriculum of 19 credits, as defined in
19 rules of the State Board of Education Board of Regents,
20 including at least 2 credits of sequential foreign language at
21 the secondary level or the equivalent of such instruction at
22 the postsecondary level. A student whose native language is
23 not English is exempt from this admissions requirement,
24 provided that the student demonstrates proficiency in the
25 native language. If a standardized test is not available in
26 the student's native language for the demonstration of
27 proficiency, the university or college may provide an
28 alternative method of assessment. The State Board of
29 Education shall adopt rules for the articulation of foreign
30 language competency and equivalency between secondary and
31 postsecondary institutions. A student who received an
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1 associate in arts degree prior to September 1, 1989, or who
2 enrolled in a program of studies leading to an associate
3 degree from a Florida community college prior to August 1,
4 1989, and maintains continuous enrollment shall be exempt from
5 this admissions requirement.
6 (c) Each student have submitted a test score from the
7 Scholastic Assessment Test of the College Entrance Examination
8 Board or the American College Testing Program.
9 (2) The minimum admission standards adopted by the
10 State Board of Education, Board of Regents or a state
11 university, or a college must permit a student to earn at
12 least 4 of the 19 credits constituting the college-preparatory
13 curriculum required for admission as electives in any one of
14 the following manners:
15 (a) Successful completion of any course identified in
16 the Department of Education course code directory as level two
17 or higher in one or more of the following subject areas:
18 English, mathematics, natural science, social science, and
19 foreign language;
20 (b) Successful completion of any course identified in
21 the Department of Education course code directory as level
22 three in the same or related disciplines;
23 (c) Any combination of the courses identified in
24 paragraphs (a) and (b); or
25 (d) Successful completion of two credits from the
26 courses identified in paragraph (a), plus no more than two
27 total credits from the following categories of courses:
28 1. Courses identified in the Department of Education
29 course code directory as ROTC and military training;
30
31
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1 2. Courses identified in the Department of Education
2 course code directory as level two in art-visual arts, dance,
3 drama-theatre arts, language arts, or music; or
4 3. Any additional courses determined to be equivalent
5 by the Articulation Coordinating Committee.
6 (3) The State Board of Education Board of Regents
7 shall adopt rules that which provide for a limited number of
8 students to be admitted to the state universities and colleges
9 State University System, notwithstanding the admission
10 requirements of paragraph (1)(b) relating to credits in
11 foreign language, if there is evidence that the applicant is
12 expected to do successful academic work at the admitting
13 university or college. The number of applicants admitted under
14 this subsection may not exceed 5 percent of the total number
15 of freshmen who entered the state universities and colleges
16 State University System the prior year. Any lower-division
17 student admitted without meeting the foreign language
18 requirement must earn such credits prior to admission to the
19 upper division of a state university or college. Any associate
20 in arts degree graduate from a public community college,
21 college, or university in Florida, or other upper-division
22 transfer student, admitted without meeting the foreign
23 language requirement, must earn such credits prior to
24 graduation from a state university or college. Students shall
25 be exempt from the provisions of this subsection if they can
26 demonstrate proficiency in American sign language equivalent
27 to that of students who have completed two credits of such
28 instruction in high school.
29 (4)(a) Nonresident students may be admitted to the
30 university or college upon such terms as the university or
31 college board of trustees may establish. However, such terms
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1 shall include, but shall not be limited to: completion of a
2 secondary school curriculum which includes 4 years of English;
3 3 years each of mathematics, science, and social sciences; and
4 2 years of a foreign language.
5 (b) Within the admission standards provided for in
6 subsection (1), the State Board of Education Board of Regents
7 shall develop procedures for weighting courses which are
8 necessary to meet the requirements of a college-preparatory
9 curriculum at a higher value than less rigorous courses.
10 Credits received in such courses shall be given greater value
11 in determining admission by universities and colleges than
12 cumulative grade point averages in high school.
13 (5) Consideration shall be given to the past actions
14 of any person applying for admission as a student to any state
15 university or college, either as a new applicant, an applicant
16 for continuation of studies, or a transfer student, when such
17 actions have been found to disrupt or interfere with the
18 orderly conduct, processes, functions, or programs of any
19 other university, college, or community college.
20 (6) In any application for admission by a student as a
21 citizen of the state, the applicant, if 18 years of age, or,
22 if a minor, his or her parents or guardian shall make and file
23 with such application a written statement under oath that such
24 applicant is a citizen and resident of the state and entitled,
25 as such, to admission upon the terms and conditions prescribed
26 for citizens and residents of the state.
27 (7) Rules of the State Board of Education shall
28 require the use of scores on tests of college-level
29 communication and computation skills provided in s. 229.551 as
30 a condition for admission of students to upper-division
31 instructional programs from community colleges, including
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1 those who have been awarded associate in arts degrees. Use of
2 such test scores as an admission requirement shall extend
3 equally and uniformly to students enrolled in lower divisions
4 in the state universities and colleges State University System
5 and to transfer students from other colleges and universities.
6 The tests shall be required for community college students
7 seeking associate in arts degrees and students seeking
8 admission to upper-division instructional programs in the
9 state universities or colleges State University System. The
10 use of test scores prior to August 1, 1984, shall be limited
11 to student counseling and curriculum improvement.
12 (8) For the purposes of this section, American sign
13 language constitutes a foreign language. Florida high schools
14 may offer American sign language as a for-credit elective or
15 as a substitute for any already authorized foreign language
16 requirement.
17 (9) A Florida resident who is denied admission as an
18 undergraduate to a state university or college for failure to
19 meet the high school grade point average requirement may
20 appeal the decision to the university or college and request a
21 recalculation of the grade point average including in the
22 revised calculation the grades earned in up to three credits
23 of advanced fine arts courses. The university or college shall
24 provide the student with a description of the appeals process
25 at the same time as notification of the admissions decision.
26 The university or college shall recalculate the student's
27 grade point average using the additional courses and advise
28 the student of any changes in the student's admission status.
29 For purposes of this section, fine arts courses include
30 courses in music, drama, painting, sculpture, speech, debate,
31 or a course in any art form that requires manual dexterity.
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1 Advanced level fine arts courses include fine arts courses
2 identified in the course code directory as Advanced Placement,
3 pre-International Baccalaureate, or International
4 Baccalaureate, or fine arts courses taken in the third or
5 fourth year of a fine arts curriculum.
6 (10) Each university and college shall provide
7 registration opportunities for transfer students which allow
8 such students access to high-demand courses comparable to that
9 provided native students. In addition, each university and
10 college that provides an orientation program for freshman
11 enrollees shall also provide orientation programs for transfer
12 students. Each orientation program for freshman or transfer
13 students shall include education on the transmission and
14 prevention of human immunodeficiency virus with emphasis on
15 behavior and attitude change.
16 Section 55. Notwithstanding subsection (7) of section
17 3 of chapter 2000-321, Laws of Florida, section 240.2333,
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:
21 240.2333 Foreign language competence; equivalence
22 determinations.--The Articulation Coordinating Committee shall
23 identify the competencies demonstrated by students upon the
24 successful completion of 2 credits of sequential high school
25 foreign language instruction. For the purpose of determining
26 postsecondary equivalence pursuant to s. 240.233(1)(b), the
27 committee shall develop rules through which community colleges
28 shall correlate such competencies to the competencies required
29 of students in the colleges' respective courses. Based on
30 this correlation, each community college shall identify the
31 minimum number of postsecondary credits that students must
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1 earn in order to demonstrate a level of competence in a
2 foreign language at least equivalent to that of students who
3 have completed 2 credits of such instruction in high school.
4 The committee may also specify alternative means by which
5 students can demonstrate equivalent foreign language
6 competence, including means by which a student whose native
7 language is not English may demonstrate proficiency in the
8 native language. A student who demonstrates proficiency in a
9 native language other than English is exempt from the
10 requirement of completing foreign language courses at the
11 secondary or postsecondary level.
12 Section 56. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.235,
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:
17 240.235 Fees.--
18 (1) Each university and college board of trustees
19 shall set the matriculation and tuition fees within proviso in
20 the General Appropriations Act and law. Unless otherwise
21 provided in the General Appropriations Act, the fees shall go
22 into effect for the following term.
23 (2) Each university and college board of trustees
24 shall establish the following fees:
25 (a) Each university is authorized to establish
26 Separate activity and service, health, and athletic fees. When
27 duly established, the fees shall be collected as component
28 parts of the registration and tuition fees and shall be
29 retained by the university or college and paid into the
30 separate activity and service, health, and athletic funds.
31
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1 (a)1. Each university and college president shall
2 establish a student activity and service fee on the main
3 campus of the university or college. The university or college
4 president may also establish a student activity and service
5 fee on any branch campus or center. Any subsequent increase in
6 the activity and service fee must be recommended by an
7 activity and service fee committee, at least one-half of whom
8 are students appointed by the student body president. The
9 remainder of the committee shall be appointed by the
10 university or college president. A chairperson, appointed
11 jointly by the university or college president and the student
12 body president, shall vote only in the case of a tie. The
13 recommendations of the committee shall take effect only after
14 approval by the university or college president, after
15 consultation with the student body president, with final
16 approval by the State Board of Education Board of Regents. An
17 increase in the activity and service fee may occur only once
18 each fiscal year and must be implemented beginning with the
19 fall term. The Board of Regents is responsible for
20 promulgating the rules and timetables necessary to implement
21 this fee.
22 2. The student activity and service fees shall be
23 expended for lawful purposes to benefit the student body in
24 general. This includes shall include, but is shall not be
25 limited to, student publications and grants to duly recognized
26 student organizations, the membership of which is open to all
27 students at the university or college without regard to race,
28 sex, or religion. The fund may not benefit activities for
29 which an admission fee is charged to students, except for
30 student-government-association-sponsored concerts. The
31 allocation and expenditure of the fund shall be determined by
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1 the student government association of the university or
2 college, except that the president of the university or
3 college may veto any line item or portion thereof within the
4 budget when submitted by the student government association
5 legislative body. The university or college president shall
6 have 15 school days following from the date of presentation of
7 the budget to act on the allocation and expenditure
8 recommendations, which shall be deemed approved if no action
9 is taken within the 15 school days. If any line item or
10 portion thereof within the budget is vetoed, the student
11 government association legislative body shall, within 15
12 school days, make new budget recommendations for expenditure
13 of the vetoed portion of the fund. If the university or
14 college president vetoes any line item or portion thereof
15 within the new budget revisions, the university or college
16 president may reallocate by line item that vetoed portion to
17 bond obligations guaranteed by activity and service fees.
18 Unexpended funds and undisbursed funds remaining at the end of
19 a fiscal year shall be carried over and remain in the student
20 activity and service fund and be available for allocation and
21 expenditure during the next fiscal year.
22 3.(b) Each university and college president shall
23 establish a student health fee on the main campus of the
24 university or college. Each The university and college
25 president may also establish a student health fee on any
26 branch campus or center. Any subsequent increase in the health
27 fee must be recommended by a health committee, at least
28 one-half of whom are students appointed by the student body
29 president. The remainder of the committee shall be appointed
30 by the university or college president. A chairperson,
31 appointed jointly by the university or college president and
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1 the student body president, shall vote only in the case of a
2 tie. The recommendations of the committee shall take effect
3 only after approval by the university or college president,
4 after consultation with the student body president, with final
5 approval by the State Board of Education Board of Regents. An
6 increase in the health fee may occur only once each fiscal
7 year and must be implemented beginning with the fall term. The
8 Board of Regents is responsible for promulgating the rules and
9 timetables necessary to implement this fee.
10 4.(c) Each university and college president shall
11 establish a separate athletic fee on the main campus of the
12 university or college. Each The university and college
13 president may also establish a separate athletic fee on any
14 branch campus or center. The initial aggregate athletic fee at
15 each university shall be equal to, but may be no greater than,
16 the 1982-1983 per-credit-hour activity and service fee
17 contributed to intercollegiate athletics, including women's
18 athletics, as provided by s. 240.533. Concurrently with the
19 establishment of the athletic fee, the activity and service
20 fee shall experience a one-time reduction equal to the initial
21 aggregate athletic fee. Any subsequent increase in the
22 athletic fee must be recommended by an athletic fee committee,
23 at least one-half of whom are students appointed by the
24 student body president. The remainder of the committee shall
25 be appointed by the university or college president. A
26 chairperson, appointed jointly by the university or college
27 president and the student body president, shall vote only in
28 the case of a tie. The recommendations of the committee shall
29 take effect only after approval by the university or college
30 president, after consultation with the student body president,
31 with final approval by the State Board of Education Board of
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1 Regents. An increase in the athletic fee may occur only once
2 each fiscal year and must be implemented beginning with the
3 fall term. The Board of Regents is responsible for
4 promulgating the rules and and timetables necessary to
5 implement this fee.
6 5. The sum of the activity and service, health, and
7 athletic fees a student is required to pay to register for a
8 course may not exceed 40 percent of the matriculation fee
9 established in law or in the General Appropriations Act. A
10 university or college is not required to lower any fee on the
11 effective date of this act in order to comply with this
12 paragraph. Within the 40-percent cap, a university or college
13 may not increase the aggregate sum of activity and service,
14 health, and athletic fees more than 5 percent per year unless
15 specifically authorized by law or in the General
16 Appropriations Act.
17 (b) A nonrefundable application fee in an amount not
18 to exceed $30.
19 (c) An orientation fee in an amount not to exceed $35.
20 (d) A fee for security, access, or identification
21 cards. The annual fee for such a card may not exceed $10 per
22 card.
23 (e) Materials and supplies fees to offset the cost of
24 materials or supplies that are consumed in the course of the
25 student's instructional activities, excluding the cost of
26 equipment replacement, repairs, and maintenance.
27 (f) The Capital Improvement Trust Fund fee of $2.44
28 per credit hour per semester. The building fee is established
29 as $2.32 per credit hour per semester.
30 (g) A fee for financial aid purposes in an amount not
31 to exceed 5 percent of the student tuition and matriculation
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1 fee per credit hour. The revenues from fees are to remain at
2 each campus and replace existing financial aid fees. Such
3 funds shall be disbursed to students as quickly as possible.
4 The State Board of Education shall specify specific limits on
5 the percent of the fees collected in a fiscal year which may
6 be carried forward unexpended to the following fiscal year. A
7 minimum of 50 percent of funds from the student financial aid
8 fee shall be used to provide financial aid based on absolute
9 need. A student who has received an award prior to July 1,
10 1984, shall have his or her eligibility assessed on the same
11 criteria that were used at the time of his or her original
12 award.
13 (3) Each university or college board of trustees may
14 establish the following fees to be paid by students who
15 receive the benefits or whose actions or omissions trigger the
16 fees:
17 (a) An admissions-deposit fee for the University of
18 Florida College of Dentistry in an amount not to exceed $200.
19 (b) Registration fees for audit, zero-hours
20 registration, and late registration in an amount not less than
21 $50 or more than $100 to be imposed on students who fail to
22 initiate registration during the regular registration period.
23 (c) Services charge, which may not exceed $15, for the
24 payment of matriculation, tuition, or fees in installments,
25 subject to the approval of the State Board of Education. The
26 revenues from such service charges shall be deposited into a
27 student fee trust fund the Legislature has established and
28 assigned to the university or college for that purpose.
29 (d) A late-payment fee in an amount not less than $50
30 or more than $100 to be imposed on students who fail to pay or
31 fail to make appropriate arrangements to pay, by means of
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1 installment payment, deferment, or third-party billing,
2 matriculation or tuition by the deadline set by each
3 university or college. Each university and college may waive
4 the late-payment fee for minor underpayments.
5 (e) A fee for miscellaneous health-related charges for
6 services provided at cost by the university or college health
7 center which are not covered by the health fee.
8 (f) Housing rental rates and miscellaneous housing
9 charges for services provided by the university or college at
10 the request of the student.
11 (g) A charge representing the reasonable cost of
12 efforts to collect payment of overdue accounts.
13 (h) A service charge on university or college loans in
14 lieu of interest and administrative handling charges.
15 (i) A fee for off-campus course offerings when the
16 location results in specific, identifiable increased costs to
17 the university or college.
18 (j) Library fees and fines, including charges for
19 damaged and lost library materials, overdue reserve library
20 books, interlibrary loans, and literature searches.
21 (k) Fees relating to duplicating, photocopying,
22 binding, and microfilming; copyright services; and
23 standardized testing. These fees may be charged only to those
24 who receive the services.
25 (l) Fees and fines relating to the use, late return,
26 and loss and damage of facilities and equipment.
27 (m) A returned-check fee as authorized by s. 832.07(1)
28 for unpaid checks returned to the university or college.
29 (n) Traffic and parking fines, charges for parking
30 decals, and transportation-access fees.
31
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1 (o) A fee for child care and services offered by the
2 Educational Research Center for Child Development.
3 (p) Fees for transcripts and diploma replacement, not
4 to exceed $10 per item.
5 (q) A fee for replacement of security, access, or
6 identification cards. The maximum amount charged for a
7 replacement card may not exceed $15.
8 (2) The university may permit the deferral of
9 registration and tuition fees for those students receiving
10 financial aid from federal or state assistance programs when
11 such aid is delayed in being transmitted to the student
12 through circumstances beyond the control of the student.
13 Failure to make timely application for such aid shall be
14 insufficient reason to receive such deferral. Veterans and
15 other eligible students receiving benefits under chapter 30,
16 chapter 31, chapter 32, chapter 34, or chapter 35, 38 U.S.C.,
17 or chapter 106, 10 U.S.C., shall be entitled to one deferment
18 each academic year and an additional deferment each time there
19 is a delay in the receipt of their benefits.
20 (4) When the General Appropriations Act requires a new
21 fee schedule, the university and college boards of trustees
22 shall establish a systemwide standard fee schedule required to
23 produce the total fee revenue established in the General
24 Appropriations Act based on the product of the assigned
25 enrollment and the fee schedule. Each university or college
26 board of trustees may approve the expenditure of any fee
27 revenues resulting from the product of the fee schedule
28 adopted pursuant to this section and the assigned enrollment.
29 (3) The Board of Regents shall establish rules to
30 waive any or all application, course registration, and related
31 fees for persons 60 years of age or older who are residents of
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1 this state and who attend classes for credit. No academic
2 credit shall be awarded for attendance in classes for which
3 fees are waived under this subsection. This privilege may be
4 granted only on a space-available basis, if such classes are
5 not filled as of the close of registration. A university may
6 limit or deny the privilege for courses which are in programs
7 for which the Board of Regents has established selective
8 admissions criteria. Persons paying full fees and state
9 employees taking courses on a space-available basis shall have
10 priority over those persons whose fees are waived in all cases
11 where classroom spaces are limited.
12 (4) Students enrolled in a dual enrollment or early
13 admission program pursuant to s. 240.116 shall be exempt from
14 the payment of registration, matriculation, and laboratory
15 fees. Students enrolled in accordance with this subsection may
16 be calculated as the proportional shares of full-time
17 equivalent enrollments each such student generates for state
18 funding purposes.
19 (5)(a) Any student for whom the state is paying a
20 foster care board payment pursuant to s. 409.145(3) or parts
21 II and III of chapter 39, for whom the permanency planning
22 goal pursuant to part III of chapter 39 is long-term foster
23 care or independent living, or who is adopted from the
24 Department of Children and Family Services after May 5, 1997,
25 shall be exempt from the payment of all undergraduate fees,
26 including fees associated with enrollment in
27 college-preparatory instruction or completion of college-level
28 communication and computation skills testing programs. Before
29 a fee exemption can be given, the student shall have applied
30 for and been denied financial aid, pursuant to s. 240.404,
31 which would have provided, at a minimum, payment of all
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1 undergraduate fees. Such exemption shall be available to any
2 student adopted from the Department of Children and Family
3 Services after May 5, 1997; however, the exemption shall be
4 valid for no more than 4 years after the date of graduation
5 from high school.
6 (b) Any student qualifying for a fee exemption under
7 this subsection shall receive such an exemption for not more
8 than 4 consecutive years or 8 semesters unless the student is
9 participating in college-preparatory instruction or is
10 requiring additional time to complete the college-level
11 communication and computation skills testing programs. Such a
12 student shall be eligible to receive a fee exemption for a
13 maximum of 5 consecutive years or 10 semesters.
14 (c) As a condition for continued fee exemption, a
15 student shall have earned a grade point average of at least
16 2.0 on a 4.0 scale for the previous term, maintain at least an
17 overall 2.0 average for college work, or have an average below
18 2.0 for only the previous term and be eligible for continued
19 enrollment in the institution.
20 (6) Any proprietor, owner, or worker of a company
21 whose business has been at least 50-percent negatively
22 financially impacted by the buyout of property around Lake
23 Apopka by the State of Florida is exempt from the payment of
24 registration, matriculation, and laboratory fees. A student
25 receiving a fee exemption in accordance with this subsection
26 must not have received compensation because of the buyout,
27 must be designated a Florida resident for tuition purposes
28 pursuant to s. 240.1201, and must first have applied for and
29 been denied financial aid, pursuant to s. 240.404, which would
30 have provided, at a minimum, payment of all student fees. The
31 student is responsible for providing evidence to the
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1 postsecondary education institution verifying that the
2 conditions of this subsection have been met, including support
3 documentation provided by the Department of Revenue. The
4 student must be currently enrolled in, or begin coursework
5 within, a program area by fall semester 2000. The exemption is
6 valid for a period of 4 years from the date that the
7 postsecondary education institution confirms that the
8 conditions of this subsection have been met.
9 (7) Each university may assess a service charge for
10 the payment of tuition and fees in installments. Such service
11 charge must be approved by the Board of Regents. The revenues
12 from such service charges shall be deposited into a student
13 fee trust fund the Legislature has established and assigned to
14 the university for that purpose.
15 (8) Any graduate student enrolled in a state-approved
16 school psychology training program shall be entitled to a
17 waiver of registration fees for internship credit hours
18 applicable to an internship in the public school system under
19 the supervision of a Department of Education certified school
20 psychologist employed by the school system.
21 (9) The Board of Regents shall exempt one-half of all
22 tuition and course-related fees for certain members of the
23 active Florida National Guard pursuant to the provisions of s.
24 250.10(8).
25 (10) The Board of Regents may establish rules to allow
26 for the waiver of out-of-state fees for nondegree-seeking
27 students enrolled at State University System institutions if
28 the earned student credit hours generated by such students are
29 nonfundable and the direct cost for the program of study is
30 recovered from the fees charged to all students.
31
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1 (5)(11) Students who are enrolled in Programs in
2 Medical Sciences are considered graduate students for the
3 purpose of enrollment and student fees.
4 (6) Subject to the approval of the State Board of
5 Education, a university or college board of trustees may
6 implement an individual university or college plan for a
7 differential out-of-state tuition fee for a university or
8 college that has a service area that borders another state.
9 (7) The assessment of additional fees is subject to
10 the approval of the State Board of Education.
11 Section 57. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.237,
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:
16 240.237 Student records.--Each The university and
17 college board of trustees may prescribe the content and
18 custody of records and reports which the university or college
19 may maintain on its students. Such records are confidential
20 and exempt from the provisions of s. 119.07(1) and s. 24(a),
21 Art. I of the State Constitution, and are open to inspection
22 only as provided in s. 228.093.
23 Section 58. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 240.239,
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:
28 240.239 Associate in arts degrees; issuance.--
29 (1) The purpose of this section is to require state
30 universities and colleges to present associate in arts
31 certificates upon request to qualified students.
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1 (2) Students at state universities and colleges may
2 request associate in arts certificates if they have
3 successfully completed the minimum requirements for the degree
4 of associate in arts (A.A.).
5 (3) An associate in arts degree shall not be granted
6 unless a student has successfully completed minimum
7 requirements for college-level communication and computation
8 skills adopted by the State Board of Education and 60 academic
9 semester hours or the equivalent within a degree program area,
10 with 36 semester hours in general education courses in the
11 subject areas of communication, mathematics, social sciences,
12 humanities, and natural sciences, consistent with the general
13 education requirements specified in the articulation agreement
14 pursuant to s. 240.115.
15 Section 59. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.241,
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:
20 240.241 Divisions of sponsored research at state
21 universities.--
22 (1) Each university board of trustees, with the
23 approval of the Department of Education, is authorized to
24 create, as it deems advisable, divisions of sponsored research
25 which will serve the function of administration and promotion
26 of the programs of research, including sponsored training
27 programs, of the university at which they are located.
28 (2) Each The university board of trustees shall set
29 such policies to regulate the activities of the divisions of
30 sponsored research as it may consider necessary to effectuate
31 the purposes of this act and to administer the research
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1 programs in a manner which assures efficiency and
2 effectiveness, producing the maximum benefit for the
3 educational programs and maximum service to the state. To
4 this end, materials that relate to methods of manufacture or
5 production, potential trade secrets, potentially patentable
6 material, actual trade secrets, business transactions, or
7 proprietary information received, generated, ascertained, or
8 discovered during the course of research conducted within the
9 state universities shall be confidential and exempt from the
10 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
11 Constitution, except that a division of sponsored research
12 shall make available upon request the title and description of
13 a research project, the name of the researcher, and the amount
14 and source of funding provided for such project.
15 (3) A division of sponsored research created under the
16 provisions of this act shall be under the supervision of the
17 president of that university, who is authorized to appoint a
18 director; to employ full-time and part-time staff, research
19 personnel, and professional services; to employ on a part-time
20 basis personnel of the university; and to employ temporary
21 employees whose salaries are paid entirely from the permanent
22 sponsored research development fund or from that fund in
23 combination with other nonstate sources, with such positions
24 being exempt from the requirements of the Florida Statutes
25 relating to salaries, except that no such appointment shall be
26 made for a total period of longer than 1 year.
27 (4) The president of the university where a division
28 of sponsored research is created, or his or her designee, is
29 authorized to negotiate, enter into, and execute research
30 contracts; to solicit and accept research grants and
31 donations; and to fix and collect fees, other payments, and
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1 donations that may accrue by reason thereof. The president or
2 his or her designee may negotiate, enter into, and execute
3 contracts on a cost-reimbursement basis and may provide
4 temporary financing of such costs prior to reimbursement from
5 moneys on deposit in the sponsored research development fund,
6 except as may be prohibited elsewhere by law.
7 (5) A division of sponsored research shall be financed
8 from the moneys of a university which are on deposit or
9 received for use in the research or related programs of that
10 particular university. Such moneys shall be deposited by the
11 university in a permanent sponsored research development fund
12 in a depository or depositories approved for the deposit of
13 state funds and shall be accounted for and disbursed subject
14 to regular audit by the Auditor General.
15 (6) The fund balance on hand in any existing research
16 trust fund in the respective university, at the time a
17 division of sponsored research is created, shall be
18 transferred to a permanent sponsored research development fund
19 established for the university, and thereafter the fund
20 balance of the sponsored research development fund at the end
21 of any fiscal period may be used during any succeeding period
22 for the purposes and in the manner authorized by this act.
23 (7) Moneys deposited in the permanent sponsored
24 research development fund of a university shall be disbursed
25 in accordance with the terms of the contract, grant, or
26 donation under which they are received. Moneys received for
27 overhead or indirect costs and other moneys not required for
28 the payment of direct costs shall be applied to the cost of
29 operating the division of sponsored research. Any surplus
30 moneys shall be used to support other research or sponsored
31 training programs in any area of the university. Moneys
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1 allocated for the payment of salaries from the sponsored
2 research development fund shall be paid out by the Comptroller
3 of the state in the same manner as salaries from other state
4 funds. Transportation and per diem expense allowances shall be
5 the same as those provided by law for state employees in s.
6 112.061, except that non-State of Florida personnel performing
7 travel under a sponsored research subcontract may be
8 reimbursed for travel expenses in accordance with the
9 provisions of the applicable prime contract or grant and the
10 travel allowances established by the subcontractor, subject to
11 the requirements of subsection (9), or except as provided in
12 subsection (13).
13 (8)(a) Each university board of trustees shall submit
14 to the State Board of Education Board of Regents a report of
15 the activities of each division of sponsored research together
16 with an estimated budget for the next fiscal year.
17 (b) Not less than 90 days prior to the convening of
18 each regular session of the Legislature in which an
19 appropriation shall be made, the State Board of Education
20 Board of Regents shall submit to the chair of the
21 appropriations committee of each house of the Legislature a
22 compiled report, together with a compiled estimated budget for
23 the next fiscal year. A copy of such report and estimated
24 budget shall be furnished to the State Board of Education and
25 to the Governor, as the chief budget officer of the state.
26 (9) All purchases of a division of sponsored research
27 shall be made in accordance with the policies and procedures
28 of the university; however, in compliance with policies and
29 procedures established by the university and concurred in by
30 the Department of Education, whenever a director of sponsored
31 research certifies to the president that, in a particular
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1 instance, it is necessary for the efficient or expeditious
2 prosecution of a research project, the purchase of material,
3 supplies, equipment, or services for research purposes shall
4 be exempt from the general purchasing requirement of the
5 Florida Statutes.
6 (10) The university may authorize the construction,
7 alteration, or remodeling of buildings when the funds used are
8 derived entirely from the sponsored research development fund
9 of a university or from that fund in combination with other
10 nonstate sources, provided that such construction, alteration,
11 or remodeling is for use exclusively in the area of research;
12 it also may authorize the acquisition of real property when
13 the cost is entirely from said funds. Title to all real
14 property acquired pursuant to this subsection which are not
15 state lands shall vest in the university board of trustees
16 Board of Trustees of the Internal Improvement Trust Fund and
17 shall only be transferred or conveyed by it.
18 (11) The sponsored research programs of the Institute
19 of Food and Agricultural Sciences, the University of Florida
20 Health Science Center, and the engineering and industrial
21 experiment station shall continue to be centered at the
22 University of Florida as heretofore provided by law. Indirect
23 cost reimbursements of all grants deposited in the Division of
24 Sponsored Research shall be distributed directly to the above
25 units in direct proportion to the amounts earned by each unit.
26 (12) The operation of the divisions of sponsored
27 research and the conduct of the sponsored research program are
28 expressly exempted from the provisions of any other laws or
29 portions of laws in conflict herewith and are, subject to the
30 requirements of subsection (9), exempted from the provisions
31 of chapters 215, 216, and 283.
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1 (13) The divisions of sponsored research may pay, by
2 advancement or reimbursement, or a combination thereof, the
3 costs of per diem of officers, and employees, of the state and
4 of other authorized persons, as defined in s. 112.061(2)(e),
5 for foreign travel up to the current rates as stated in the
6 grant and contract terms and may also pay incidental expenses
7 as authorized by s. 112.061(8). This subsection applies to any
8 state officer or employee traveling in foreign countries for
9 sponsored programs of the university, if such travel expenses
10 are approved in the terms of the contract or grant. The
11 provisions of s. 112.061, other than those relating to per
12 diem, apply to the travel described in this subsection. As
13 used in this subsection, "foreign travel" means any travel
14 outside the United States and its territories and possessions
15 and Canada. Persons traveling in foreign countries pursuant
16 to this section shall not be entitled to reimbursements or
17 advancements pursuant to s. 112.061(6)(a)2. for such travel.
18 (14) Each division of sponsored research is authorized
19 to advance funds to any principal investigator who, under the
20 contract or grant terms, will be performing a portion of his
21 or her research at a site that is remote from the university.
22 Funds shall be advanced only to employees who have executed a
23 proper power of attorney with the university to ensure the
24 proper collection of such advanced funds if it becomes
25 necessary. As used in this subsection, the term "remote"
26 means so far removed from the university as to render normal
27 purchasing and payroll functions ineffective.
28 (15) Notwithstanding the provisions of s.
29 216.262(1)(a), each division of sponsored research is
30 authorized, upon approval of the State Board of Education
31 Board of Regents, to establish additional positions as needed
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1 to implement new contracts and grants, but in no instance
2 shall any such position become permanently established without
3 legislative approval.
4 (16) Notwithstanding the provisions of s. 216.351, s.
5 216.346 does not apply to contracts or subcontracts among
6 between state universities, colleges, or between community
7 colleges, or between state universities and community
8 colleges.
9 (17) Each university board of trustees may president
10 is authorized to adopt rules, as necessary, to administer this
11 section.
12 Section 60. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.242,
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:
17 240.242 University leasing in affiliated research and
18 development park.--A university is exempt from the
19 requirements of s. 255.25(3), (4), and (8) when leasing
20 educational facilities in a research and development park with
21 which the university is affiliated and when the State Board of
22 Education Board of Regents certifies in writing that the
23 leasing of said educational facilities is in the best
24 interests of the university State University System and that
25 the exemption from competitive bid requirements would not be
26 detrimental to the state.
27 Section 61. Notwithstanding subsection (7) of section
28 3 of chapter 2000-321, Laws of Florida, section 240.243,
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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1 240.243 Required number of classroom teaching hours
2 for university and college faculty members.--
3 (1) As used in this section:
4 (a) "State funds" means those funds appropriated
5 annually in the General Appropriations Act.
6 (b) "Classroom contact hour" means a regularly
7 scheduled 1-hour period of classroom activity in a course of
8 instruction which has been approved by the university or
9 college.
10 (2) Each full-time equivalent teaching faculty member
11 at a university or college who is paid wholly from state funds
12 shall teach a minimum of 12 classroom contact hours per week
13 at such university or college. However, any faculty member who
14 is assigned by his or her departmental chair or other
15 appropriate university or college administrator professional
16 responsibilities and duties in furtherance of the mission of
17 the university or college shall teach a minimum number of
18 classroom contact hours in proportion to 12 classroom hours
19 per week as such especially assigned aforementioned duties and
20 responsibilities bear to 12 classroom contact hours per week.
21 Any full-time faculty member who is paid partly from state
22 funds and partly from other funds or appropriations shall
23 teach a minimum number of classroom contact hours in such
24 proportion to 12 classroom contact hours per week as his or
25 her salary paid from state funds bears to his or her total
26 salary. In determining the appropriate hourly weighting of
27 assigned duties other than classroom contact hours, the
28 universities and colleges shall develop and apply a formula
29 designed to equate the time required for nonclassroom duties
30 with classroom contact hours. "Full-time equivalent teaching
31 faculty member" shall be interpreted to mean all faculty
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1 personnel budgeted in the instruction and research portion of
2 the budget, exclusive of those full-time equivalent positions
3 assigned to research, public service, administrative duties,
4 and academic advising. Full-time administrators, librarians,
5 and counselors shall be exempt from the provisions of this
6 section; and colleges of medicine and law and others which are
7 required for purposes of accreditation to meet national
8 standards prescribed by the American Medical Association, the
9 American Bar Association, or other professional associations
10 shall be exempt from the provisions of this section to the
11 extent that the requirements of this section differ from the
12 requirements of accreditation.
13 Section 62. Notwithstanding subsection (7) of section
14 3 of chapter 2000-321, Laws of Florida, section 240.245,
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:
18 240.245 Evaluations of faculty members; report.--
19 (1) For the purpose of evaluating faculty members,
20 each university and college shall adopt procedures for the
21 assignment of duties and responsibilities to faculty members.
22 These assigned duties or responsibilities shall be conveyed to
23 each faculty member at the beginning of each academic term, in
24 writing, by his or her departmental chair or other appropriate
25 university or college administrator making the assignment. In
26 evaluating the competencies of a faculty member, primary
27 assessment shall be in terms of his or her performance of the
28 assigned duties and responsibilities, and such evaluation
29 shall be given adequate consideration for the purpose of
30 salary adjustments, promotions, reemployment, and tenure. A
31 faculty member who is assigned full-time teaching duties as
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1 provided by law shall be rewarded with salary adjustments,
2 promotions, reemployment, or tenure for meritorious teaching
3 and other scholarly activities related thereto.
4 (2) The State Board of Education Board of Regents
5 shall establish criteria for evaluating the quantity and
6 quality of service to public schools by university and college
7 faculty members and shall require consideration of this
8 service in promotion, tenure, and other reward measures. Each
9 university and college shall ensure that the following
10 policies are implemented:
11 (a) Flexible criteria for rewarding faculty members,
12 consistent with the educational goals and objectives of the
13 university or college, shall be established, which criteria
14 shall include quality teaching and service to public schools
15 as major factors in determining salary adjustments,
16 promotions, reemployment, or tenure.
17 (b) Measures shall be taken to increase the
18 recognition, reinforcements, and rewards given quality
19 teaching and service to public schools. Such measures might
20 include grants for professional development, curriculum
21 improvement, and instructional innovation, as well as awards
22 of varying kinds for meritorious teaching.
23 (c) The means of identifying and evaluating quality
24 teachers and outstanding service to public schools shall be
25 determined in accordance with established guidelines of the
26 university or college.
27 (3) Each university and college The vice presidents
28 for academic affairs for the nine state universities shall
29 disseminate information to all faculty members which clearly
30 states that service to public schools is one of the criteria
31
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1 used to determine salary adjustments, promotions,
2 reemployment, and tenure for faculty members.
3 Section 63. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.246,
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:
8 240.246 Faculty members; test of spoken English.--The
9 State Board of Education Board of Regents shall adopt rules
10 requiring that all faculty members in the state universities
11 and colleges State University System, other than those persons
12 who teach courses that are conducted primarily in a foreign
13 language, be proficient in the oral use of English, as
14 determined by a satisfactory grade on the "Test of Spoken
15 English" of the Educational Testing Service or a similar test
16 approved by the State Board of Education board.
17 Section 64. Notwithstanding subsection (7) of section
18 3 of chapter 2000-321, Laws of Florida, section 240.2475,
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:
22 240.2475 State university and college System
23 employment equity accountability program.--
24 (1) Each state university and college shall maintain
25 an annual equity plan for appropriate representation of women
26 and minorities in senior-level administrative positions,
27 within tenure-track faculty, and within faculty-granted
28 tenure. Such plan shall be maintained until appropriate
29 representation has been achieved. As used in this subsection,
30 the term:
31
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1 (a) "Appropriate representation" means category
2 employment representation that at least meets comparable
3 national standards for at least two consecutive reporting
4 periods.
5 (b) "Category" means major executive, administrative,
6 and professional grouping, including senior-level
7 administrative and professional positions, senior academic
8 administrative-level positions, and tenure-track faculty.
9 (2)(a) By April 1 of each year, each state university
10 and college president shall submit an annual equity report to
11 the State Board of Education Chancellor and the Board of
12 Regents. The equity report shall consist of a status update,
13 an analysis, and a status report of selected personnel
14 transactions. As used in this paragraph, the term, "selected
15 personnel transactions" means new hires in, promotions into,
16 tenure actions in, and terminations from a category. Each
17 university and college shall provide the job classification
18 title, gender, race, and appointment status of selected
19 personnel transactions. The status update shall assess
20 underrepresentation in each category. The status report shall
21 consist of current category employment representation,
22 comparable national standards, an evaluation of
23 representation, and annual goals to address
24 underrepresentation.
25 (b) After 1 year of implementation of a plan, and
26 annually thereafter, for those categories in which prior year
27 goals were not achieved, each university and college shall
28 provide, in its annual equity report, a narrative explanation
29 and a plan for achievement of equity. The plan shall include
30 guidelines for ensuring balanced membership on selection
31 committees and specific steps for developing a diverse pool of
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1 candidates for each vacancy in the category. The plan shall
2 also include a systematic process by which those responsible
3 for hiring are provided information and are evaluated
4 regarding their responsibilities pursuant to this section.
5 (c) The equity report shall include an analysis and
6 assessment of the university's accomplishment of annual goals
7 achieved, as specified in the university's or college's
8 affirmative action plan, for increasing the representation of
9 women and minorities in tenure-earning and senior-level
10 administrative positions.
11 (d) The equity report shall also include the current
12 rank, race, and gender of faculty eligible for tenure in a
13 category. In addition, each university and college shall
14 report representation of the pool of tenure-eligible faculty
15 at each stage of the transaction process and provide
16 certification that each eligible faculty member was apprised
17 annually of progress toward tenure. Each university and
18 college shall also report on the dissemination of standards
19 for achieving tenure; racial and gender composition of
20 committees reviewing recommendations at each transaction
21 level; and dissemination of guidelines for equitable
22 distribution of assignments.
23 (3)(a) A factor in the evaluation of university and
24 college presidents, vice presidents, deans, and chairpersons
25 shall be their annual progress in achieving the annual and
26 long-range hiring and promotional goals and objectives, as
27 specified in the university's equity plan and affirmative
28 action plan. Annual budget allocations for positions and
29 funding shall be based on this evaluation. A summary of such
30 evaluations shall be submitted to the State Board of Education
31
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1 Chancellor and the Board of Regents as part of the
2 university's annual equity report.
3 (b) Each university and college board of trustees The
4 Chancellor and the Board of Regents shall annually evaluate
5 the performance of the president of the university or college
6 presidents in achieving the annual equity goals and
7 objectives. A summary of the results of such evaluations
8 shall be included as part of the annual equity progress report
9 submitted by the State Board of Education Board of Regents to
10 the Legislature and the State Board of Education.
11 (4) The State Board of Education Board of Regents
12 shall submit an annual equity progress report to the President
13 of the Senate and, the Speaker of the House of
14 Representatives, and the State Board of Education on or before
15 August 1 of each year.
16 (5) Each university and college shall develop a
17 budgetary incentive plan to support and ensure attainment of
18 the goals developed pursuant to this section. The plan shall
19 specify, at a minimum, how resources shall be allocated to
20 support the achievement of goals and the implementation of
21 strategies in a timely manner. After prior review and
22 approval by the university president and the Board of Regents,
23 The plan shall be submitted as part of the annual equity
24 report submitted by each university and college to the State
25 Board of Education Board of Regents.
26 (6) Relevant components of each university's and
27 college's affirmative action plan may be used to satisfy the
28 requirements of this section.
29 (7) Subject to available funding, the Legislature
30 shall provide an annual appropriation to the Board of Regents
31 to be allocated to the universities to further enhance equity
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1 initiatives and related priorities that support the mission of
2 departments, divisions, or colleges in recognition of the
3 attainment of equity goals and objectives.
4 Section 65. Notwithstanding subsection (7) of section
5 3 of chapter 2000-321, Laws of Florida, section 240.253,
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:
9 240.253 Personnel records.--
10 (1) Each university and college board of trustees
11 shall adopt rules prescribing the content and custody of
12 limited-access records that the university or college may
13 maintain on its employees. Such limited-access records are
14 confidential and exempt from the provisions of s. 119.07(1)
15 and s. 24(a), Art. I of the State Constitution. Such records
16 are limited to the following:
17 (a) Records containing information reflecting academic
18 evaluations of employee performance shall be open to
19 inspection only by the employee and by officials of the
20 university or college responsible for supervision of the
21 employee.
22 (b) Records maintained for the purposes of any
23 investigation of employee misconduct, including but not
24 limited to a complaint against an employee and all information
25 obtained pursuant to the investigation of such complaint,
26 shall be confidential until the investigation ceases to be
27 active or until the university or college provides written
28 notice to the employee who is the subject of the complaint
29 that the university or college has either:
30 1. Concluded the investigation with a finding not to
31 proceed with disciplinary action;
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1 2. Concluded the investigation with a finding to
2 proceed with disciplinary action; or
3 3. Issued a letter of discipline.
4
5 For the purpose of this paragraph, an investigation shall be
6 considered active as long as it is continuing with a
7 reasonable, good faith anticipation that a finding will be
8 made in the foreseeable future. An investigation shall be
9 presumed to be inactive if no finding is made within 90 days
10 after the complaint is filed.
11 (c) Records maintained for the purposes of any
12 disciplinary proceeding brought against an employee shall be
13 confidential until a final decision is made in the
14 proceeding. The record of any disciplinary proceeding,
15 including any evidence presented, shall be open to inspection
16 by the employee at all times.
17 (d) Records maintained for the purposes of any
18 grievance proceeding brought by an employee for enforcement of
19 a collective bargaining agreement or contract shall be
20 confidential and shall be open to inspection only by the
21 employee and by officials of the university or college
22 conducting the grievance proceeding until a final decision is
23 made in the proceeding.
24 (2) Notwithstanding the foregoing, any records or
25 portions thereof which are otherwise confidential by law shall
26 continue to be exempt from the provisions of s. 119.07(1) and
27 s. 24(a), Art. I of the State Constitution. In addition, for
28 sexual harassment investigations, portions of such records
29 which identify the complainant, a witness, or information
30 which could reasonably lead to the identification of the
31 complainant or a witness are limited-access records.
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1 (3) Except as required for use by the president in the
2 discharge of his or her official responsibilities, the
3 custodian of limited-access records may release information
4 from such records only upon authorization in writing from the
5 employee or upon order of a court of competent jurisdiction.
6 (4) Notwithstanding the provisions of subsection (1),
7 records comprising the common core items contained in the
8 State University System Student Assessment of Instruction
9 instrument may not be prescribed as limited-access records.
10 (5) This section applies act shall apply to records
11 created after July 1, 1995.
12 Section 66. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.2601,
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:
17 240.2601 State Universities and Colleges University
18 System Facility Enhancement Challenge Grant Program.--
19 (1) The Legislature recognizes that the state
20 universities and colleges State University System do does not
21 have sufficient physical facilities to meet the current
22 demands of their its instructional and research programs. It
23 further recognizes that, to strengthen and enhance the state
24 universities and colleges State University System, it is
25 necessary to provide facilities in addition to those currently
26 available from existing revenue sources. It further
27 recognizes that there are sources of private support that, if
28 matched with state support, can assist in constructing
29 much-needed facilities and strengthen the commitment of
30 citizens and organizations in promoting excellence throughout
31 the state universities and colleges. Therefore, it is the
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1 intent of the Legislature to establish a trust fund to provide
2 the opportunity for each state university and college to
3 receive and match challenge grants for instructional and
4 research-related capital facilities within the university or
5 college.
6 (2) There is hereby established the Alec P. Courtelis
7 State Universities and Colleges University System Facility
8 Enhancement Challenge Grant Program for the purpose of
9 assisting the state universities and colleges State University
10 System build high priority instructional and research-related
11 capital facilities, including common areas connecting such
12 facilities. The associated foundations that serve the
13 universities and colleges shall solicit gifts from private
14 sources to provide matching funds for capital facilities. For
15 the purposes of this act, private sources of funds shall not
16 include any federal, state, or local government funds that a
17 university or college may receive.
18 (3) There is established the Alec P. Courtelis Capital
19 Facilities Matching Trust Fund for the purpose of providing
20 matching funds from private contributions for the development
21 of high priority instructional and research-related capital
22 facilities, including common areas connecting such facilities,
23 within the state universities and colleges State University
24 System. The Legislature shall appropriate funds to be
25 transferred to the trust fund. The Public Education Capital
26 Outlay and Debt Service Trust Fund, Capital Improvement Trust
27 Fund, Division of Sponsored Research Trust Fund, and Contracts
28 and Grants Trust Fund shall not be used as the source of the
29 state match for private contributions. All appropriated funds
30 deposited into the trust fund shall be invested pursuant to
31 the provisions of s. 18.125. Interest income accruing to that
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1 portion of the trust fund shall increase the total funds
2 available for the challenge grant program. Interest income
3 accruing from the private donations shall be returned to the
4 participating foundation upon completion of the project. The
5 State Board of Education Board of Regents shall administer the
6 trust fund and all related construction activities.
7 (4) No project shall be initiated unless all private
8 funds for planning, construction, and equipping the facility
9 have been received and deposited in the trust fund and the
10 state's share for the minimum amount of funds needed to begin
11 the project has been appropriated by the Legislature. The
12 Legislature may appropriate the state's matching funds in one
13 or more fiscal years for the planning, construction, and
14 equipping of an eligible facility. However, these requirements
15 shall not preclude the university or college from expending
16 available funds from private sources to develop a prospectus,
17 including preliminary architectural schematics and/or models,
18 for use in its efforts to raise private funds for a facility.
19 Additionally, any private sources of funds expended for this
20 purpose are eligible for state matching funds should the
21 project materialize as provided for in this section.
22 (5) To be eligible to participate in the Alec P.
23 Courtelis Capital Facilities Matching Trust Fund, a state
24 university or college shall raise a contribution equal to
25 one-half of the total cost of a facilities construction
26 project from private nongovernmental sources which shall be
27 matched by a state appropriation equal to the amount raised
28 for a facilities construction project subject to the General
29 Appropriations Act.
30 (6) If the state's share of the required match is
31 insufficient to meet the requirements of subsection (5), the
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1 university or college shall renegotiate the terms of the
2 contribution with the donors. If the project is terminated,
3 each private donation, plus accrued interest, reverts to the
4 foundation for remittance to the donor.
5 (7) By September 1 of each year, the State Board of
6 Education Board of Regents shall transmit to the Legislature a
7 list of projects which meet all eligibility requirements to
8 participate in the Alec P. Courtelis Capital Facilities
9 Matching Trust Fund and a budget request which includes the
10 recommended schedule necessary to complete each project.
11 (8) In order for a project to be eligible under this
12 program, it must be included in the state university or
13 college State University System 5-year Capital Improvement
14 Plan and must receive prior approval from the State Board of
15 Education Board of Regents and the Legislature.
16 (9) No university's or college's project shall be
17 removed from the approved 3-year PECO priority list because of
18 its successful participation in this program until approved by
19 the Legislature and provided for in the General Appropriations
20 Act. When such a project is completed and removed from the
21 list, all other projects shall move up on the 3-year PECO
22 priority list. A university or college shall not use PECO
23 funds, including the Capital Improvement Trust Fund fee and
24 the building fee, to complete a project under this section.
25 (10) Any project funds that are unexpended after a
26 project is completed shall revert to the Capital Facilities
27 Matching Trust Fund. Fifty percent of such unexpended funds
28 shall be reserved for the university or college which
29 originally received the private contribution for the purpose
30 of providing private matching funds for future facility
31 construction projects as provided in this section. The
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1 balance of such unexpended funds shall be available to any
2 state university or college for future facility construction
3 projects conducted pursuant to this section.
4 (11) The surveys, architectural plans, facility, and
5 equipment shall be the property of the State of Florida. A
6 facility constructed pursuant to this section may be named in
7 honor of a donor at the option of the university or college
8 and the Board of Regents. No facility shall be named after a
9 living person without prior approval by the Legislature.
10 Section 67. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.2605,
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:
15 240.2605 Trust Fund for Major Gifts.--
16 (1) There is established a Trust Fund for Major Gifts.
17 The purpose of the trust fund is to enable the Board of
18 Regents Foundation, each university, and New College to
19 provide donors with an incentive in the form of matching
20 grants for donations for the establishment of permanent
21 endowments, which must be invested, with the proceeds of the
22 investment used to support libraries and instruction and
23 research programs, as defined by the State Board of Education
24 procedure of the Board of Regents. All funds appropriated for
25 the challenge grants, new donors, major gifts, or eminent
26 scholars program must be deposited into the trust fund and
27 invested pursuant to s. 18.125 until the State Board of
28 Education Board of Regents allocates the funds to universities
29 to match private donations. Notwithstanding s. 216.301 and
30 pursuant to s. 216.351, any undisbursed balance remaining in
31 the trust fund and interest income accruing to the portion of
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1 the trust fund which is not matched and distributed to
2 universities must remain in the trust fund and be used to
3 increase the total funds available for challenge grants. The
4 Board of Regents may authorize any university to encumber the
5 state matching portion of a challenge grant from funds
6 available under s. 240.272.
7 (2) The State Board of Education Board of Regents
8 shall specify the process for submission, documentation, and
9 approval of requests for matching funds, accountability for
10 endowments and proceeds of endowments, allocations to
11 universities, restrictions on the use of the proceeds from
12 endowments, and criteria used in determining the value of
13 donations.
14 (3)(a) The State Board of Education Board of Regents
15 shall allocate the amount appropriated to the trust fund to
16 the Board of Regents Foundation, each university, and New
17 College based on the amount of the donation and the
18 restrictions applied to the donation.
19 (b) Donations for a specific purpose must be matched
20 in the following manner:
21 1. The Board of Regents Foundation and each university
22 that raises at least $100,000 but no more than $599,999 from a
23 private source must receive a matching grant equal to 50
24 percent of the private contribution.
25 2. The Board of Regents Foundation and each university
26 that raises a contribution of at least $600,000 but no more
27 than $1 million from a private source must receive a matching
28 grant equal to 70 percent of the private contribution.
29 3. The Board of Regents Foundation and each university
30 that raises a contribution in excess of $1 million but no more
31 than $1.5 million from a private source must receive a
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1 matching grant equal to 75 percent of the private
2 contribution.
3 4. The Board of Regents Foundation and each university
4 that raises a contribution in excess of $1.5 million but no
5 more than $2 million from a private source must receive a
6 matching grant equal to 80 percent of the private
7 contribution.
8 5. The Board of Regents Foundation and each university
9 that raises a contribution in excess of $2 million from a
10 private source must receive a matching grant equal to 100
11 percent of the private contribution.
12 6. The amount of matching funds used to match a single
13 gift in any given year is limited to $3 million. The total
14 amount of matching funds available for any single gift is
15 limited to $15 million, to be distributed in equal amounts of
16 $3 million per year over 5 years.
17 (c) The State Board of Education Board of Regents
18 shall encumber state matching funds for any pledged
19 contributions, pro rata, based on the requirements for state
20 matching funds as specified for the particular challenge grant
21 and the amount of the private donations actually received by
22 the university or Board of Regents Foundation for the
23 respective challenge grant.
24 (4) Matching funds may be provided for contributions
25 encumbered or pledged under the Florida Endowment Trust Fund
26 for Eminent Scholars Act prior to July 1, 1994, and for
27 donations or pledges of any amount equal to or in excess of
28 the prescribed minimums which are pledged for the purpose of
29 this section.
30 (5)(a) The Board of Regents Foundation, each
31 university foundation, and New College Foundation shall
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1 establish a challenge grant account for each challenge grant
2 as a depository for private contributions and state matching
3 funds to be administered on behalf of the State Board of
4 Education Board of Regents, the university, or New College.
5 State matching funds must be transferred to a university
6 foundation or New College Foundation upon notification that
7 the university or New College has received and deposited the
8 amount specified in this section in a foundation challenge
9 grant account.
10 (b) The foundation serving a university and New
11 College Foundation each has the responsibility for the
12 maintenance and investment of its challenge grant account and
13 for the administration of the program on behalf of the
14 university or New College, pursuant to procedures specified by
15 the State Board of Education Board of Regents. Each foundation
16 shall include in its annual report to the State Board of
17 Education Board of Regents information concerning collection
18 and investment of matching gifts and donations and investment
19 of the account.
20 (c) A donation of at least $600,000 and associated
21 state matching funds may be used to designate an Eminent
22 Scholar Endowed Chair pursuant to rules adopted procedures
23 specified by the State Board of Education Board of Regents.
24 (6) The donations, state matching funds, or proceeds
25 from endowments established under this section may not be
26 expended for the construction, renovation, or maintenance of
27 facilities or for the support of intercollegiate athletics.
28 (7) The Board of Regents Foundation may participate in
29 the same manner as a university foundation with regard to the
30 provisions of this section.
31
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1 Section 68. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.261,
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:
6 240.261 Codes of conduct; disciplinary measures;
7 rulemaking authority; HIV and AIDS policy; student judicial
8 system.--
9 (1) Each university and college board of trustees may
10 adopt, by rule, codes of conduct and appropriate penalties for
11 violations of rules by students and employees, to be
12 administered by the university or college. Such penalties,
13 unless otherwise provided by law, may include: reprimand;
14 restitution; fines; withholding of diplomas or transcripts
15 pending compliance with rules, completion of any student
16 judicial process or sanction, or payment of fines;
17 restrictions on the use of or removal from university and
18 college facilities; community service; educational
19 requirements; and the imposition of probation, suspension,
20 dismissal, or expulsion.
21 (2) Each university and college board of trustees may
22 adopt rules for, by rule, a code of conduct and appropriate
23 penalties for violations of rules by student organizations, to
24 be administered by the university or college. Such penalties,
25 unless otherwise provided by law, may include: reprimand;
26 restitution; suspension, cancellation, or revocation of the
27 registration or official recognition of a student
28 organization; and restrictions on the use of, or removal from,
29 university and college facilities.
30 (3) Sanctions authorized by university and college
31 codes of conduct may be imposed only for acts or omissions in
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1 violation of rules adopted by the university or college board
2 of trustees, including rules adopted under this section, rules
3 of the State Board of Education Board of Regents, county and
4 municipal ordinances, and the laws of this state, the United
5 States, or any other state.
6 (4) Each university and college board of trustees may
7 establish and adopt rules for, by rule, codes of appropriate
8 penalties for violations of rules governing student academic
9 honesty. Such penalties, unless otherwise provided by law, may
10 include: reprimand; reduction of grade; denial of academic
11 credit; invalidation of university or college credit or of the
12 degree based upon such credit; probation; suspension;
13 dismissal; or expulsion. In addition to any other penalties
14 that may be imposed, an individual may be denied admission or
15 further registration, and the university or college may
16 invalidate academic credit for work done by a student and may
17 invalidate or revoke the degree based upon such credit if it
18 is determined that the student has made false, fraudulent, or
19 incomplete statements in the application, residence affidavit,
20 or accompanying documents or statements in connection with, or
21 supplemental to, the application for admission to or
22 graduation from the university or college.
23 (5) Each The university and college board of trustees
24 shall adopt rules for the lawful discipline of any student,
25 faculty member, or member of the administrative staff who
26 intentionally acts to impair, interfere with, or obstruct the
27 orderly conduct, processes, and functions of a state
28 university or college. The Said rules may apply to acts
29 conducted on or off campus when relevant to such orderly
30 conduct, processes, and functions.
31
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1 (6) Each university and college shall review and
2 update as necessary a student handbook that includes, but is
3 not limited to, student rights and responsibilities, appeals
4 processes available to students, a roster of contact persons
5 within the administrative staff available to respond to
6 student inquiries, and a statement as to the policy on
7 acquired immune deficiency syndrome, including the name and
8 telephone number of the university or college counselor for
9 acquired immune deficiency syndrome. Each student handbook
10 must include a statement displayed prominently which provides
11 that the university or college will not tolerate the sale,
12 possession, or use of controlled substances, with the
13 exception of medication prescribed by a physician and taken in
14 accordance with the prescribed usage, nor will the university
15 or college tolerate the consumption of alcoholic beverages by
16 students younger than 21 years of age or the sale of alcoholic
17 beverages to students younger than 21 years of age. Each
18 student handbook must also list the legal and university and
19 college sanctions that will be imposed upon students who
20 violate the law or the policies of the university or college
21 regarding controlled substances and alcoholic beverages.
22 (7) Each university and college board of trustees
23 shall develop a comprehensive policy that addresses the
24 provision of instruction, information, and activities
25 regarding human immunodeficiency virus infection and acquired
26 immune deficiency syndrome. Such instruction, information, or
27 activities shall emphasize the known modes of transmission of
28 human immunodeficiency virus infection and acquired immune
29 deficiency syndrome, signs and symptoms, associated risk
30 factors, appropriate behavior, attitude change, and means used
31
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1 to control the spread of human immunodeficiency virus
2 infection and acquired immune deficiency syndrome.
3 (8) Each university and college board of trustees
4 shall establish a committee, at least one half of the members
5 of which shall be students appointed by the student body
6 president, to periodically review and evaluate the student
7 judicial system.
8 Section 69. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.262,
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:
13 240.262 Hazing prohibited at state universities and
14 colleges.--
15 (1) As used in this section, the term "hazing" means
16 any action or situation which recklessly or intentionally
17 endangers the mental or physical health or safety of a student
18 for the purpose of initiation or admission into or affiliation
19 with any organization operating under the sanction of a
20 university or college, which organization is hereinafter
21 referred to as a "college organization" or "university
22 organization." Such term includes, but is not limited to, any
23 brutality of a physical nature, such as whipping; beating;
24 branding; forced calisthenics; exposure to the elements;
25 forced consumption of any food, liquor, drug, or other
26 substance; or other forced physical activity which could
27 adversely affect the physical health or safety of the
28 individual, and also includes any activity which would subject
29 the individual to extreme mental stress, such as sleep
30 deprivation, forced exclusion from social contact, forced
31 conduct which could result in extreme embarrassment, or other
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1 forced activity which could adversely affect the mental health
2 or dignity of the individual. For the purposes of this
3 section, any activity as described above upon which the
4 initiation or admission into or affiliation with a university
5 organization or college organization is directly or indirectly
6 conditioned shall be presumed to be a "forced" activity, the
7 willingness of an individual to participate in such activity
8 notwithstanding.
9 (2) Each university and college board of trustees
10 shall adopt a written antihazing policy and, pursuant to such
11 policy, shall adopt rules prohibiting students or other
12 persons associated with any university organization or college
13 organization from engaging in any activity which can be
14 described as hazing.
15 (a) Pursuant to the provisions of s. 240.261, each
16 university and college board of trustees shall provide a
17 program for the enforcement of such rules and shall adopt
18 appropriate penalties for violations of such rules, to be
19 administered by the person or agency at the university or
20 college responsible for the sanctioning of such university
21 organizations or college organizations.
22 1. Such penalties may include the imposition of fines;
23 the withholding of diplomas or transcripts pending compliance
24 with the rules or pending payment of fines; and the imposition
25 of probation, suspension, or dismissal.
26 2. In the case of a university organization or college
27 organization that which authorizes hazing in blatant disregard
28 of such rules, penalties may also include rescission of
29 permission for that organization to operate on campus property
30 or to otherwise operate under the sanction of the university
31 or college.
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1 3. All penalties imposed under the authority of this
2 subsection shall be in addition to any penalty imposed for
3 violation of any of the criminal laws of this state or for
4 violation of any other university or college rule to which the
5 violator may be subject.
6 (b) Rules adopted pursuant hereto shall apply to acts
7 conducted on or off campus whenever such acts are deemed to
8 constitute hazing.
9 (3) Upon approval by the Board of Regents of the
10 antihazing policy of a university and of the rules and
11 penalties adopted pursuant thereto, the Each university and
12 college shall provide a copy of the antihazing policy along
13 with the such policy, rules, and penalties to each student
14 enrolled in that university or college and shall require the
15 inclusion of such policy, rules, and penalties in the bylaws
16 of every organization operating under the sanction of the
17 university or college.
18 (4) Any amendments to such approved policy, rules, or
19 penalties shall be submitted, within 10 days after the
20 adoption of such amendments, to the Board of Regents for its
21 approval.
22 Section 70. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.263,
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:
27 240.263 Regulation of traffic at universities and
28 colleges; definitions.--
29 (1) In construing ss. 240.263-240.268, the term:
30 (a) "Traffic," when used as a noun, means the use or
31 occupancy of, and the movement in, on, or over, streets, ways,
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1 walks, roads, alleys, and parking areas by vehicles,
2 pedestrians, or ridden or herded animals.
3 (b) "Adjacent municipality" means a municipality which
4 is contiguous or adjacent to, or which contains within its
5 boundaries all or part of the grounds of, a university or
6 college; except that, if the grounds of a university or
7 college are not within or contiguous to a municipality,
8 "adjacent municipality" means the county seat of the county
9 which contains within its boundaries all or part of the
10 grounds of the university or college.
11 (c) "Grounds" includes all of the campus and grounds
12 of the university or college, whether it be the campus proper
13 or outlying or noncontiguous land of the university or college
14 within the county.
15 (d) "Law enforcement officers" include municipal
16 police, patrol officers, traffic officers, sheriffs, deputies,
17 highway patrol officers, and county traffic officers assigned
18 to duty on the grounds of the university or college, as well
19 as campus police, traffic officers, guards, parking
20 patrollers, and other noncommissioned personnel designated for
21 traffic purposes by the university or college.
22 (e) "University traffic infraction" or "college
23 traffic infraction" means a noncriminal violation of
24 university or college parking and traffic rules which is not
25 included under s. 318.14 or s. 318.17 or any municipal
26 ordinance, which is not punishable by incarceration, and for
27 which there is no right to trial by jury or to court-appointed
28 counsel.
29 (f) "Traffic authority" means an individual or a group
30 of individuals at each university and college, authorized and
31 appointed by the president of the university or college to
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1 adjudicate university traffic infractions or college traffic
2 infractions.
3 (2) A traffic rule becomes enforceable shall be deemed
4 promulgated when adopted by the university or college board of
5 trustees individual institution.
6 Section 71. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 240.264,
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:
11 240.264 Rules of universities and colleges; municipal
12 ordinances.--Each university and college board of trustees
13 shall adopt rules that which govern traffic on the grounds of
14 that university or college; that which provide penalties for
15 the infraction of such traffic rules; and that which the
16 university or college board of trustees finds necessary,
17 convenient, or advisable for the safety or welfare of the
18 students, faculty members, or other persons. Copies of such
19 rules shall be posted at the university or college on public
20 bulletin boards where notices are customarily posted, filed
21 with the city clerk or corresponding municipal or county
22 officer, and made available to any person requesting same.
23 When adopted, said rules shall be enforceable as herein
24 provided. All ordinances of the adjacent municipality
25 relating to traffic which are not in conflict or inconsistent
26 with the traffic rules adopted by the individual university or
27 college board of trustees shall extend and be applicable to
28 the grounds of the university or college. The provisions of
29 chapter 316 shall extend and be applicable to the grounds of
30 the university or college, and the rules adopted by the
31
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1 individual university and college boards of trustees shall not
2 conflict with any section of that chapter.
3 Section 72. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.265,
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:
8 240.265 Violations; penalties.--Any person who
9 violates any of the those rules adopted by a university or
10 college board of trustees the individual institution shall be
11 deemed to have committed a university traffic infraction or
12 college traffic infraction and shall be fined or penalized as
13 provided by the rules adopted by the university or college
14 board of trustees institution. Any person who violates any
15 traffic regulation enumerated in chapter 316 shall be charged,
16 and the cause shall proceed, in accordance with chapters 316
17 and 318.
18 Section 73. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.266,
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:
23 240.266 Payment of fines; jurisdiction and procedures
24 of university or college traffic authority; campus violation
25 fines.--
26 (1) A person charged with a university traffic
27 infraction or college traffic infraction shall elect the
28 option prescribed in paragraph (a) or the option prescribed in
29 paragraph (b). If neither option is exercised within the
30 prescribed time by the person charged with a university
31 traffic infraction or college infraction, an additional fine
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1 or penalty may be assessed, and shall be payable, in
2 accordance with the rules of the university or college board
3 of trustees.
4 (a) The person charged may pay the applicable
5 infraction fine, either by mail or in person, within the time
6 period specified in the rules of the individual university or
7 college board of trustees. A schedule of infraction fines
8 applicable to each university and college shall be adopted by
9 the university or college board of trustees.
10 (b) The person charged may elect to appear before the
11 university or college traffic authority for administrative
12 determination pursuant to procedures enumerated in the rules
13 of such university or college board of trustees.
14 (2) Each university and college may is authorized to
15 approve the establishment of a university or college traffic
16 authority to hear violations of traffic rules. In such cases
17 as come before the authority, the university or college
18 traffic authority shall determine whether the person is guilty
19 or not guilty of the charge. In the case of a finding of
20 guilt, the authority shall, in its discretion, impose an
21 appropriate penalty pursuant to s. 240.265.
22 (3) This section shall provide the exclusive
23 procedures for the adjudication of university traffic
24 infractions or college traffic infractions.
25 Section 74. Notwithstanding subsection (7) of section
26 3 of chapter 2000-321, Laws of Florida, section 240.267,
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:
30 240.267 Use of traffic and parking moneys.--Moneys
31 collected from parking assessments and infraction fines shall
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1 be deposited in appropriate funds and shall be used to defray
2 the administrative and operating costs of the traffic and
3 parking program at the university or college institution, to
4 provide for additional parking facilities on campus, or for
5 student loan purposes.
6 Section 75. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 240.268,
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:
11 240.268 University and college police.--
12 (1) Each university and college shall is empowered and
13 directed to provide for police officers for the university or
14 college, and such police officers shall hereafter be known and
15 designated as the "university police." or "college police."
16 (2) The university police and college police are
17 hereby declared to be law enforcement officers of the state
18 and conservators of the peace with the right to arrest, in
19 accordance with the laws of this state, any person for
20 violation of state law or applicable county or city ordinances
21 when such violations occur on any property or facilities that
22 which are under the guidance, supervision, regulation, or
23 control of the state universities and colleges, including
24 property and facilities of university or college
25 direct-support organizations State University System, except
26 that arrests may be made off campus when hot pursuit
27 originates on campus. Such officers shall have full authority
28 to bear arms in the performance of their duties and to execute
29 search warrants within their territorial jurisdiction.
30 University and college police, when requested by the sheriff
31 or local police authority, may serve subpoenas or other legal
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1 process and may make arrest of any person against whom a
2 warrant has been issued or any charge has been made of
3 violation of federal or state laws or county or city
4 ordinances.
5 (3) University and college police shall promptly
6 deliver all persons arrested and charged with a felony to the
7 sheriff of the county within which the university or college
8 is located, and all persons arrested and charged with
9 misdemeanors shall be delivered to the applicable authority as
10 may be provided by law, but otherwise to the sheriff of the
11 county in which the university or college is located.
12 (4) University and college police must meet the
13 minimum standards established by the Criminal Justice
14 Standards and Training Commission and chapter 943. Each police
15 officer shall, before entering into the performance of his or
16 her duties, take the oath of office as established by the
17 university or college; and the university or college may
18 obtain and approve a bond on each officer, payable to the
19 Governor and his or her successors in office, conditioned on
20 the faithful performance of the duties of such university or
21 college police officer. The university or college may
22 determine the amount of the bond. In determining the amount of
23 the bond, the university or college may consider the amount of
24 money or property likely to be in the custody of the officer
25 at any one time. The university or college shall provide a
26 uniform set of identification credentials for each university
27 or college police officer.
28 (5) In performance of any of the powers, duties, and
29 functions authorized by law or this section, university and
30 college police shall have the same rights, protections, and
31 immunities afforded other peace or law enforcement officers.
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1 (6) The university, in concurrence with the Department
2 of Law Enforcement, shall adopt rules, including, but not
3 limited to, the appointment, employment, and removal of
4 university police in accordance with the state Career Service
5 System, and, further, establish in writing a policy manual,
6 including, but not limited to, routine and emergency law
7 enforcement situations. A policy manual shall be furnished to
8 each university police officer.
9 Section 76. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.2682,
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:
14 240.2682 Florida Postsecondary Education Security
15 Information Act.--
16 (1) This act may be cited as the "Florida
17 Postsecondary Education Security Information Act."
18 (2) For the purposes of this act, "postsecondary
19 institution" means a state university or college identified in
20 s. 240.2011, a nonpublic college or university licensed
21 pursuant to s. 246.081, or a nonpublic college or university
22 exempt from licensure pursuant to s. 246.085.
23 Section 77. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 240.2683,
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:
28 240.2683 Report of campus crime statistics.--
29 (1) Each postsecondary institution shall prepare an
30 annual report of campus crime statistics for submission to the
31 respective governing or licensing boards of jurisdiction. The
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1 data for these reports may be taken from the Florida
2 Department of Law Enforcement Annual Report. The Department
3 of Education shall prescribe the format for institutional
4 submission. Each postsecondary institution shall file the
5 reports with The Board of Regents and State Board of
6 Independent Colleges and Universities shall compile the
7 reports and convey the aggregate institutional reports to the
8 Commissioner of Education.
9 (2) Each postsecondary institution shall prepare a
10 report of crime statistics as reported under subsection (1)
11 for the most recent 3-year period. The report shall be
12 updated annually. The institution shall give notice that this
13 report is available upon request.
14 Section 78. Notwithstanding subsection (7) of section
15 3 of chapter 2000-321, Laws of Florida, section 240.2684,
16 Florida Statutes, shall not stand repealed January 7, 2003, as
17 scheduled by that law, but that section is reenacted to read:
18 240.2684 Assessment of physical plant safety.--The
19 president of each postsecondary institution shall conduct or
20 cause to be conducted an annual assessment of physical plant
21 safety. An annual report shall incorporate the findings
22 obtained through such assessment and recommendations for the
23 improvement of safety on each campus. The annual report shall
24 be submitted to the respective governing or licensing board of
25 jurisdiction no later than January 1 of each year. Each board
26 shall compile the individual institutional reports and convey
27 the aggregate institutional reports to the Commissioner of
28 Education. The Commissioner of Education shall convey these
29 reports and the reports required in s. 240.2683 to the
30 President of the Senate and the Speaker of the House of
31 Representatives no later than March 1 of each year.
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1 Section 79. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.271,
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:
6 240.271 State university and college System;
7 funding.--
8 (1) Planned enrollments for each university and
9 college as accepted or modified by the Legislature and program
10 cost categories shall be the basis for the allocation of
11 appropriated funds to the universities and colleges.
12 (2) In addition to enrollment-based appropriations,
13 categorical programs shall be established in the state
14 universities and colleges University System which are not
15 directly related to planned student enrollment. Such programs
16 shall be based upon the assigned missions of the institutions
17 and shall include, but not be limited to, research and public
18 service programs and authority to spend fee revenues collected
19 pursuant to subsection (5) and s. 240.235 s. 240.209(3)(e).
20 Appropriations by the Legislature and allocations by the board
21 shall be based upon full costs, as determined pursuant to
22 subsection (1), and priorities established by the Legislature.
23 (3) The Legislature by line item in an appropriations
24 act may identify programs of extraordinary quality for the
25 utilization of state funds to be matched by nonstate and
26 nonfederal sources.
27 (4) The State Board of Education Board of Regents
28 shall establish and validate a cost-estimating system
29 consistent with the requirements of subsection (1) and shall
30 report as part of its legislative budget request the actual
31 expenditures for the fiscal year ending the previous June 30.
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1 The report shall include total expenditures from all sources
2 and shall be in such detail as needed to support the
3 legislative budget request.
4 (5)(a) If the actual enrollment for any university or
5 college is less than planned enrollment by more than 5 percent
6 for any 2 consecutive fiscal years, the university or college
7 enrollment plan for the next year shall be reduced. If actual
8 enrollment exceeds planned enrollment by more than 5 percent,
9 an explanation of the excess shall be provided with the next
10 year's enrollment plan. The analysis of enrollment conducted
11 for implementing this subsection shall be based on the
12 categories of enrollment used in the education and general
13 appropriation.
14 (b) Beginning in fiscal year 1995-1996, and as
15 authorized in the General Appropriations Act, the Board of
16 Regents shall allocate to each university the student fees
17 collected by the university other than revenues generated by
18 enrollment growth in excess of 5 percent above planned
19 enrollment.
20 (6) The enrollment planning plus program cost data
21 established by this section shall be used as the basis for
22 preparing the legislative budget requests.
23 Section 80. Sections 240.272 and 240.273, Florida
24 Statutes, are repealed.
25 Section 81. Notwithstanding subsection (7) of section
26 3 of chapter 2000-321, Laws of Florida, section 240.274,
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:
30 240.274 Universities and colleges; public documents
31 distributed to libraries.--The general library of each state
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1 university and college institution in the State University
2 System is entitled to receive copies of reports of state
3 officials, departments, and institutions and all other state
4 documents published by the state. Each officer of the state
5 empowered by law to distribute such public documents is
6 authorized to transmit without charge, except for payment of
7 shipping costs, the number of copies of each public document
8 desired upon requisition from the librarian. It is the duty
9 of the library to keep public documents in a convenient form
10 accessible to the public. The library may, under rules
11 formulated by the Board of Regents, is authorized to exchange
12 documents for those of other states, territories, and
13 countries.
14 Section 82. Notwithstanding subsection (7) of section
15 3 of chapter 2000-321, Laws of Florida, section 240.275,
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:
19 240.275 Law libraries of certain institutions of
20 higher learning designated as state legal depositories.--
21 (1) The law libraries of the University of Florida,
22 Florida State University, Florida Agricultural and Mechanical
23 University, Florida International University, Stetson
24 University, Nova University, and the University of Miami are
25 designated as state legal depositories.
26 (2) Each officer of the state empowered by law to
27 distribute legal publications is authorized to transmit, upon
28 payment of shipping costs or cash on delivery, to the state
29 legal depositories copies of such publications as requested.
30 However, the number of copies transmitted shall be limited to:
31
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1 (a) Eight copies of each volume of General Acts and
2 each volume of Special Acts to each of the state legal
3 depositories;
4 (b) Up to a maximum number of each volume of the
5 Florida Statutes and each supplement volume, computed on the
6 basis of one set for every 10 students enrolled during the
7 school year, based upon the average enrollment as certified by
8 the registrar; and
9 (c) One copy of each journal of the House of
10 Representatives and each journal of the Senate to each state
11 legal depository.
12 (3) It is the duty of the librarian of any depository
13 to keep all public documents in a convenient form accessible
14 to the public.
15 (4) The libraries of all community colleges in the
16 Florida Community College System as defined in s. 240.301 are
17 designated as state depositories for the Florida Statutes and
18 supplements published by or under the authority of the state;
19 these depositories each may receive upon request one copy of
20 each volume without charge, except for payment of shipping
21 costs.
22 Section 83. Section 240.276, Florida Statutes, is
23 repealed.
24 Section 84. Notwithstanding subsection (7) of section
25 3 of chapter 2000-321, Laws of Florida, section 240.277,
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:
29 240.277 Additional appropriation.--
30 (1) All moneys received by the state universities and
31 colleges institutions under the management of the Board of
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1 Regents, other than from state and federal sources, from
2 student building and capital improvement fees, and from
3 vending machine collections, are hereby appropriated to the
4 use of the Board of Regents, for the respective state
5 university or college institutions collecting the moneys same,
6 to be expended as the state university or college directs
7 Board of Regents may direct; however, the funds may shall not
8 be expended except in pursuance of detailed budgets approved
9 by the State Board of Education filed with the Executive
10 Office of the Governor and may shall not be expended for the
11 construction or reconstruction of buildings except as provided
12 under s. 240.295.
13 (2) All moneys received from vending machine
14 collections by the state universities and colleges
15 institutions under the management of the Board of Regents
16 shall be expended only as set forth in detailed budgets
17 approved by the State Board of Education Board of Regents.
18 (3)(a) All moneys received by institutions under the
19 management of the Board of Regents for the Auxiliary
20 Enterprises and Contracts, Grants and Donations budget
21 entities, and the self-insurance program authorized in s.
22 240.213, shall be exempt from the requirements of s. 216.023.
23 The Board of Regents, in consultation with the appropriations
24 committees of the Legislature, shall approve an estimated
25 level of expenditures, salary rates, and positions for each of
26 these budget entities. If such expenditures exceed the prior
27 year level by more than 25 percent, the full membership of the
28 appropriations committees shall be notified of the increase.
29 (b) No new state appropriation shall be obligated as a
30 source of matching funds for potential federal or private
31 contracts or grants. Upon the termination of any federal or
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1 private contracts or grants, the state is shall not be
2 obligated to provide continued funding for personnel or
3 project costs related to such contracts or grants.
4 Section 85. Section 240.279, Florida Statutes, is
5 repealed.
6 Section 86. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 240.2803,
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:
11 240.2803 Auxiliary enterprises; contracts, grants, and
12 donations; definitions.--As used in s. 19(f)(3), Art. III of
13 the State Constitution, the term:
14 (1) "Auxiliary enterprises" includes activities that
15 directly or indirectly provide a product or a service, or
16 both, to a university, college, or its students, faculty, or
17 staff and for which a charge is made. These auxiliary
18 enterprises are business activities of a university or college
19 which require no support from the General Revenue Fund, and
20 include activities such as housing, bookstores, student health
21 services, continuing education programs, food services,
22 college stores, operation of vending machines, specialty
23 shops, day care centers, golf courses, student activities
24 programs, data center operations, and intercollegiate
25 athletics programs.
26 (2) "Contracts, grants, and donations" includes
27 noneducational and general funding sources in support of
28 research, public services, and training. The term includes
29 grants and donations, sponsored-research contracts, and
30 Department of Education funding for developmental research
31
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1 schools and other activities for which the funds are deposited
2 outside the State Treasury.
3 Section 87. Sections 240.28031 and 240.28035, Florida
4 Statutes, are repealed.
5 Section 88. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.2805,
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:
10 240.2805 Administration of capital improvement and
11 building fees trust funds.--The State Board of Education Board
12 of Regents shall administer the Capital Improvement Fee Trust
13 Fund and the Building Fee Trust Fund which include receipts
14 from capital improvement and building student fee assessments,
15 interest earnings, and subsidy grants. All funds, except those
16 to be used for debt service payments, reserve requirements,
17 and educational research centers for child development,
18 pursuant to s. 240.531, shall be used to fund projects
19 appropriated by the Legislature. Projects funded pursuant to
20 this section may be expanded by the use of supplemental funds
21 such as grants, auxiliary enterprises, private donations, and
22 other nonstate sources when approved by the Executive Office
23 of the Governor.
24 Section 89. Notwithstanding subsection (7) of section
25 3 of chapter 2000-321, Laws of Florida, section 240.281,
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:
29 240.281 Deposit of funds received by state
30 universities and colleges institutions and agencies in the
31 State University System.--All funds received by any state
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1 university or college may be deposited outside the State
2 Treasury, except as otherwise provided by law. institution or
3 agency in the State University System, from whatever source
4 received and for whatever purpose, shall be deposited in the
5 State Treasury subject to disbursement in such manner and for
6 such purposes as the Legislature may by law provide. The
7 following funds shall be exempt from the provisions of this
8 section and, with the approval of the Board of Regents, may be
9 deposited outside the State Treasury:
10 (1) Student deposits.
11 (2) Scholarship funds from private sources.
12 (3) Student loan funds.
13 (4) Contractor's bid deposits.
14 (5) Vending machine collections.
15 (6) Alumni association funds.
16 (7) Funds received from private sources as gifts,
17 grants, bequests, or donations.
18 (8) Funds received by a faculty practice plan as
19 provided by rule of the Board of Regents; however, the
20 University of Florida and the University of South Florida
21 shall prepare operating budgets at the same level of detail as
22 that required of the education and general and Board of
23 Regents budget entities for these funds.
24 (9) Such other funds as may be approved by the Board
25 of Regents and the Executive Office of the Governor subject to
26 the review provisions of s. 216.177.
27 Section 90. Sections 240.283, 240.285, 240.287, and
28 240.289, Florida Statutes, are repealed.
29 Section 91. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.291,
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:
3 240.291 Delinquent accounts.--
4 (1) Each university and college may is directed to
5 exert every effort to collect all delinquent accounts.
6 (2) Each university and college may is authorized to
7 charge off or to settle such accounts that are as may prove
8 uncollectible.
9 (3) Each university and college may is authorized to
10 employ the service of a collection agency when deemed
11 advisable in collecting delinquent accounts.
12 (4) Each university and college board of trustees may
13 is authorized to adopt rules, as necessary, to implement the
14 provisions of this section, including setoff procedures,
15 payroll deductions, and restrictions on release of
16 transcripts, awarding of diplomas, and access to other
17 university or college resources and services.
18 Section 92. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.293,
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:
23 240.293 Contracts of institutions for supplies,
24 utility services, and building construction exempt from
25 operation of county or municipal ordinance or charter.--
26 (1) The state universities and colleges may are
27 authorized to contract for supplies, utility services, and
28 building construction without regulation or restriction by
29 municipal or county charter or ordinance. Contractual
30 arrangements shall be in the best interests of the state and
31
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1 shall give consideration to rates, adequacy of service, and
2 the dependability of the contractor.
3 (2) Any municipal or county charter, ordinance, or
4 regulation that serves to restrict or prohibit the intent of
5 subsection (1) shall be inoperative.
6 Section 93. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 240.2945,
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:
11 240.2945 Building construction standards;
12 exemptions.--The state universities and colleges are exempt
13 from local amendments to the Florida Building Code and the
14 Fire Prevention Code.
15 Section 94. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.295,
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:
20 240.295 State universities and colleges University
21 System; authorization for fixed capital outlay projects.--
22 (1) Notwithstanding the provisions of chapter 216,
23 including s. 216.351, The state universities and colleges
24 University System may accomplish fixed capital outlay projects
25 consistent with the provisions of this section. Projects
26 authorized by this section shall not require educational plant
27 survey approval as prescribed in chapter 235. No project which
28 upon completion requires general revenue for operation or
29 maintenance shall be accomplished without approval by the
30 Legislature.
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1 (2) The following types of projects may be
2 accomplished pursuant to the restrictions identified in
3 subsection (1):
4 (a) Construction of any new buildings, or remodeling
5 of existing buildings, when funded from nonstate sources such
6 as federal grant funds, private gifts, grants, or lease
7 arrangements if such grants or gifts are given for the
8 specific purpose of construction;
9 (b) The replacement of any buildings destroyed by fire
10 or other calamity;
11 (c) Construction of projects financed as provided in
12 s. 240.2093 or part I of chapter 243;
13 (d) Construction of new facilities or remodeling of
14 existing facilities to meet needs for research, provided that
15 such projects are financed pursuant to s. 240.241; or
16 (e) Construction of facilities or remodeling of
17 existing facilities to meet needs as determined by the
18 university or college, provided that the amount of funds for
19 any such project does not exceed $500,000, and the trust
20 funds, other than the funds used to accomplish projects
21 contemplated in this subsection, are authorized and available
22 for such purposes.
23 (3) Other than those projects currently authorized, no
24 project proposed by a university or college which is to be
25 funded from Capital Improvement Trust Fund fees or building
26 fees shall be submitted to the State Board of Education Board
27 of Regents for approval without prior consultation with the
28 student government association of that university or college.
29 The State Board of Education Board of Regents shall adopt
30 promulgate rules which are consistent with this requirement.
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1 (4) Each university and college board of trustees The
2 Board of Regents shall, in consultation with local and state
3 emergency management agencies, assess existing facilities to
4 identify the extent to which each campus has public hurricane
5 evacuation shelter space. Each The board shall submit to the
6 Governor and the Legislature by August 1 of each year a 5-year
7 capital improvements program that identifies new or
8 retrofitted facilities that will incorporate enhanced
9 hurricane resistance standards and that can be used as public
10 hurricane evacuation shelters. Enhanced hurricane resistance
11 standards include fixed passive protection for window and door
12 applications to provide mitigation protection, security
13 protection with egress, and energy efficiencies that meet
14 standards required in the 130-mile-per-hour wind zone areas.
15 Each The board must also submit proposed facility retrofit
16 projects to the Department of Community Affairs for assessment
17 and inclusion in the annual report prepared in accordance with
18 s. 252.385(3). Until a regional planning council region in
19 which a campus is located has sufficient public hurricane
20 evacuation shelter space, any campus building for which a
21 design contract is entered into subsequent to July 1, 2001,
22 and which has been identified by a the board, with the
23 concurrence of the local emergency management agency or the
24 Department of Community Affairs, to be appropriate for use as
25 a public hurricane evacuation shelter, must be constructed in
26 accordance with public shelter standards.
27 Section 95. Notwithstanding subsection (7) of section
28 3 of chapter 2000-321, Laws of Florida, section 240.296,
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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1 240.296 State university and college system facilities
2 loan and debt surety program.--
3 (1) LEGISLATIVE INTENT.--The Legislature recognizes
4 the need for new facilities, improvements to existing
5 facilities, and equipment to accommodate university and
6 college needs for student housing, dining, parking,
7 merchandising, athletics, and other income-generating,
8 self-supporting enterprises. It is further recognized that
9 projects for these purposes must be approved by the
10 Legislature before revenue certificates may be issued on
11 behalf of the State Board of Education Board of Regents, and
12 that the credit ratings of these revenue certificates may be
13 enhanced by a secondary pledge of unobligated trust funds. It
14 is, therefore, the intent of the Legislature to establish a
15 program to provide the opportunity for each state university
16 and college to obtain funds for these projects and to serve as
17 a source of secondary credit enhancement for revenue
18 certificates issued on behalf of the State Board of Education
19 Board of Regents. This program shall be administered in
20 accordance with rules adopted procedures established by the
21 State Board of Education Board of Regents.
22 (2) ADMINISTRATION OF THE PROGRAM.--
23 (a) Projects, including acquisition of new facilities,
24 improvements to existing facilities, and equipment to
25 accommodate university and college needs for student housing,
26 parking, dining, merchandising, athletics, or other
27 income-generating, self-supporting enterprises, shall be
28 eligible for loans or secondary credit enhancement, as the
29 case may be, subject to the rules adopted procedures
30 established by the State Board of Education Board of Regents.
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1 (b) To be eligible for secondary credit enhancement
2 from the program, the primary revenue stream dedicated to each
3 project must be sufficient to attain a minimum debt coverage
4 ratio established by the State Board of Education Board of
5 Regents. The surety pledge from the program for any one
6 project shall not exceed an amount equal to 1 year's debt
7 service or lease payments and such surety pledge shall not
8 extend beyond the first 5 years of the debt, unless
9 specifically authorized by the State Board of Education Board
10 of Regents. The State Board of Education shall adopt rules
11 Board of Regents shall establish procedures for charges and
12 for repayments of draws from the program.
13 (c) To be eligible for a loan, the university or
14 college must demonstrate the project's fiscal sufficiency,
15 including loan repayment provisions.
16 (d) All construction allocations shall be acquired in
17 accordance with rules adopted by the State Board of Education
18 established by the Board of Regents, pursuant to s.
19 240.209(3)(o).
20 Section 96. Section 240.2985, Florida Statutes, is
21 repealed.
22 Section 97. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.299,
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:
27 240.299 Direct-support organizations; use of property;
28 board of directors; activities; audit; facilities.--
29 (1) DEFINITIONS.--For the purposes of this section,
30 the term:
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1 (a) "University direct-support organization" or
2 "college direct-support organization" means an organization
3 which is:
4 1. A Florida corporation not for profit incorporated
5 under the provisions of chapter 617 and approved by the
6 Department of State;
7 2. Organized and operated exclusively to receive,
8 hold, invest, and administer property and to make expenditures
9 to or for the benefit of a state university or college in
10 Florida or for the benefit of a research and development park
11 or research and development authority affiliated with a state
12 university or college and organized under part V of chapter
13 159; and
14 3. An organization that which the State Board of
15 Education Board of Regents, after review, has certified to be
16 operating in a manner consistent with the goals of the
17 university or college and in the best interest of the state.
18 Any organization that which is denied certification by the
19 State Board of Education may Board of Regents shall not use
20 the name of the university or college that which it serves.
21 (b) "Personal services" includes full-time or
22 part-time personnel as well as payroll processing.
23 (2) USE OF PROPERTY.--
24 (a) Each university and college board of trustees may
25 The Board of Regents is authorized to permit the use of
26 property, facilities, and personal services at any state
27 university or college by any university direct-support
28 organization or college direct-support organization, and,
29 subject to the provisions of this section, direct-support
30 organizations may establish accounts with the State Board of
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1 Administration for investment of funds pursuant to part IV of
2 chapter 218.
3 (b) Each university and college board of trustees The
4 Board of Regents shall prescribe by rule conditions with which
5 a university direct-support organization or college
6 direct-support organization must comply in order to use
7 property, facilities, or personal services at any state
8 university or college. Such rules shall provide for budget
9 and audit review and oversight by the State Board of Education
10 Board of Regents.
11 (c) A university or college board of trustees may The
12 Board of Regents shall not permit the use of property,
13 facilities, or personal services at any state university or
14 college by any university direct-support organization or
15 college direct-support organization that which does not
16 provide equal employment opportunities to all persons
17 regardless of race, color, religion, sex, age, or national
18 origin.
19 (3) BOARD OF DIRECTORS.--Each university and college
20 board of trustees The chair of the Board of Regents may
21 appoint a representative to the board of directors and the
22 executive committee of any direct-support organization
23 established under this section. The president of the
24 university or college for which the direct-support
25 organization is established, or his or her designee, shall
26 also serve on the board of directors and the executive
27 committee of any direct-support organization established to
28 benefit that university or college.
29 (4) ACTIVITIES; RESTRICTION.--A university
30 direct-support organization or a college direct-support
31 organization may not give is prohibited from giving, either
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1 directly or indirectly, any gift to a political committee or
2 committee of continuous existence as defined in s. 106.011 for
3 any purpose other than those certified by a majority roll call
4 vote of the governing board of the direct-support organization
5 at a regularly scheduled meeting as being directly related to
6 the educational mission of the university or college.
7 (5) ANNUAL AUDIT.--Each direct-support organization
8 shall provide for an annual financial audit of its accounts
9 and records to be conducted by an independent certified public
10 accountant in accordance with rules adopted by the Auditor
11 General pursuant to s. 11.45(8) and by the Board of Regents.
12 The annual audit report shall be submitted, within 9 months
13 after the end of the fiscal year, to the Auditor General and
14 the State Board of Education Board of Regents for review. The
15 State Board of Education, the university or college board of
16 trustees Board of Regents, the Auditor General, and the Office
17 of Program Policy Analysis and Government Accountability may
18 shall have the authority to require and receive from the
19 organization or from its independent auditor any records
20 relative to the operation of the organization. The identity of
21 donors who desire to remain anonymous shall be protected, and
22 that anonymity shall be maintained in the auditor's report.
23 All records of the organization other than the auditor's
24 report, management letter, and any supplemental data requested
25 by the State Board of Education, the university or college
26 board of trustees Board of Regents, the Auditor General, and
27 the Office of Program Policy Analysis and Government
28 Accountability shall be confidential and exempt from the
29 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
30 Constitution.
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1 (6) FACILITIES.--In addition to issuance of
2 indebtedness pursuant to s. 240.2093(2), each direct-support
3 organization may is authorized to enter into agreements to
4 finance, design and construct, lease, lease-purchase,
5 purchase, or operate facilities necessary and desirable to
6 serve the needs and purposes of the university or college, as
7 determined by the systemwide strategic plan adopted by the
8 State Board of Education Board of Regents, upon approval of
9 such agreements by the State Board of Education Board of
10 Regents and approval of the project by the Legislature. Such
11 agreements are subject to the provisions of s. 243.151.
12 (7) ANNUAL BUDGETS AND REPORTS.--Each direct-support
13 organization shall submit to the university president and the
14 State Board of Education Board of Regents its federal Internal
15 Revenue Service Application for Recognition of Exemption form
16 (Form 1023) and its federal Internal Revenue Service Return of
17 Organization Exempt from Income Tax form (Form 990).
18 Section 98. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.2995,
20 Florida Statutes, shall not stand repealed January 7, 2003, as
21 scheduled by that law, but that section is reenacted and
22 amended to read:
23 240.2995 University health services support
24 organizations.--
25 (1) Each state university may is authorized to
26 establish university health services support organizations
27 that which shall have the ability to enter into, for the
28 benefit of the university academic health sciences center,
29 arrangements with other entities as providers in other
30 integrated health care systems or similar entities. To the
31 extent required by law or rule, university health services
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1 support organizations shall become licensed as insurance
2 companies, pursuant to chapter 624, or be certified as health
3 maintenance organizations, pursuant to chapter 641. University
4 health services support organizations shall have sole
5 responsibility for the acts, debts, liabilities, and
6 obligations of the organization. In no case shall the state or
7 university have any responsibility for such acts, debts,
8 liabilities, and obligations incurred or assumed by university
9 health services support organizations.
10 (2) Each university health services support
11 organization shall be a Florida corporation not for profit,
12 incorporated under the provisions of chapter 617 and approved
13 by the Department of State.
14 (3) The State Board of Education Board of Regents may
15 prescribe, by rule, conditions with which a university health
16 services support organization must comply in order to be
17 certified. Each university board of trustees may adopt rules
18 providing the conditions with which a university health
19 support organization must comply in order and to use property,
20 facilities, or personal services at the any state university.
21 The rules must provide for budget, audit review, and oversight
22 by the State Board of Education Board of Regents. Such rules
23 shall provide that the university health services support
24 organization may provide salary supplements and other
25 compensation or benefits for university faculty and staff
26 employees only as set forth in the organization's budget,
27 which is shall be subject to approval by the university
28 president.
29 (4) Each university board of trustees The chair of the
30 Board of Regents may appoint a representative to the board of
31 directors and the executive committee of any university health
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1 services support organization established under this section.
2 The president of the university for which the university
3 health services support organization is established, or the
4 president's designee, shall also serve on the board of
5 directors and the executive committee of any university health
6 services support organization established to benefit that
7 university.
8 (5) Each university health services support
9 organization shall provide for an annual financial audit in
10 accordance with s. 240.299(5) s. 240.299(4). The auditor's
11 report, management letter, and any supplemental data requested
12 by the State Board of Education Board of Regents and the
13 Auditor General are shall be considered public records,
14 pursuant to s. 119.07.
15 Section 99. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.2996,
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:
20 240.2996 University health services support
21 organization; confidentiality of information.--
22 (1) All meetings of a governing board of a university
23 health services support organization and all university health
24 services support organization records shall be open and
25 available to the public in accordance with s. 286.011 and s.
26 24(b), Art. I of the State Constitution and chapter 119 and s.
27 24(a), Art. I of the State Constitution, respectively, unless
28 made confidential or exempt by law. Records required by the
29 Department of Insurance to discharge its duties shall be made
30 available to the department upon request.
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1 (2) The following university health services support
2 organization's records and information of a university health
3 services support organization are confidential and exempt from
4 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
5 State Constitution:
6 (a) Contracts for managed care arrangements under
7 which the university health services support organization
8 provides health care services, preferred provider organization
9 contracts, health maintenance organization contracts, alliance
10 network arrangements, and exclusive provider organization
11 contracts, and any documents directly relating to the
12 negotiation, performance, and implementation of any such
13 contracts for managed care arrangements or alliance network
14 arrangements. As used in this paragraph, the term "managed
15 care" means systems or techniques generally used by
16 third-party payors or their agents to affect access to and
17 control payment for health care services. Managed-care
18 techniques most often include one or more of the following:
19 prior, concurrent, and retrospective review of the medical
20 necessity and appropriateness of services or site of services;
21 contracts with selected health care providers; financial
22 incentives or disincentives related to the use of specific
23 providers, services, or service sites; controlled access to
24 and coordination of services by a case manager; and payor
25 efforts to identify treatment alternatives and modify benefit
26 restrictions for high-cost patient care.
27 (b) Each university health services support
28 organization's marketing plan the disclosure of which may
29 reasonably be expected by the organization's governing board
30 to be used by a competitor or an affiliated provider of the
31 organization to frustrate, circumvent, or exploit the purposes
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1 of the plan before it is implemented and which is not
2 otherwise known or cannot be legally obtained by a competitor
3 or an affiliated provider. However, documents that are
4 submitted to the organization's governing board as part of the
5 board's approval of the organization's budget, and the budget
6 itself, are not confidential and exempt.
7 (c) Trade secrets, as defined in s. 688.002, including
8 reimbursement methodologies and rates.
9 (d) The records of the peer review panels, committees,
10 governing board, and agents of the university health services
11 support organization which relate solely to the evaluation of
12 health care services and professional credentials of health
13 care providers and physicians employed by or providing
14 services under contract to the university health services
15 support organization. The exemptions created by this paragraph
16 shall not be construed to impair any otherwise established
17 rights of an individual health care provider to inspect
18 documents concerning the determination of such provider's
19 professional credentials.
20 (3) Any portion of a governing board or peer review
21 panel or committee meeting during which a confidential and
22 exempt contract, document, record, marketing plan, or trade
23 secret, as provided for in subsection (2), is discussed is
24 exempt from the provisions of s. 286.011 and s. 24(b), Art. I
25 of the State Constitution.
26 (4) Those portions of any public record, such as a
27 tape recording, minutes, and notes, generated during that
28 portion of a governing board or peer review panel or committee
29 meeting which is closed to the public pursuant to this
30 section, which contain information relating to contracts,
31 documents, records, marketing plans, or trade secrets which
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1 are made confidential and exempt by this section, are
2 confidential and exempt from the provisions of s. 119.07(1)
3 and s. 24(a), Art. I of the State Constitution.
4 (5) The exemptions from s. 119.07(1) and s. 24(a),
5 Art. I of the State Constitution and s. 286.011 and s. 24(b),
6 Art. I of the State Constitution provided in this section do
7 not apply if the governing board of a university health
8 services support organization votes to lease, sell, or
9 transfer all or any substantial part of the facilities or
10 property of the university health services support
11 organization to a nonpublic entity.
12 (6) Any person may petition a court of competent
13 jurisdiction for an order for the public release of those
14 portions of any public record, such as a tape recording,
15 minutes, or notes, generated during that portion of a
16 governing board meeting which is closed to the public pursuant
17 to subsection (3), which record is made confidential and
18 exempt by subsection (4). Any action pursuant to this
19 subsection must be brought in the county where the principal
20 office of the university health services support organization
21 is located, as reflected in the records of the custodian of
22 state records Secretary of State. In any order for the public
23 release of a record pursuant to this subsection, the court
24 shall make a finding that a compelling public interest is
25 served by the release of the record or portions thereof which
26 exceeds the public necessity for maintaining the
27 confidentiality of such record as described in s. 2, chapter
28 96-171, Laws of Florida, and that the release of the record
29 will not cause damage to or adversely affect the interests of
30 private persons, business entities, the university health
31 services support organization, or the affiliated university.
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1 (7) Those portions of any public record, such as a
2 tape recording, minutes, or notes, generated during that
3 portion of a governing board meeting at which negotiations for
4 contracts for managed-care arrangements occur, are reported
5 on, or are acted on by the governing board, which record is
6 made confidential and exempt by subsection (4), shall become
7 public records 2 years after the termination or completion of
8 the term of the contract to which such negotiations relate or,
9 if no contract was executed, 2 years after the termination of
10 the negotiations. Notwithstanding paragraph (2)(a) and
11 subsection (4), a university health services support
12 organization must make available, upon request, the title and
13 general description of a contract for managed-care
14 arrangements, the names of the contracting parties, and the
15 duration of the contract term. All contracts for managed-care
16 arrangements which are made confidential and exempt by
17 paragraph (2)(a), except those portions of any contract
18 containing trade secrets which are made confidential and
19 exempt by paragraph (2)(c), shall become public 2 years after
20 the termination or completion of the term of the contract.
21 (8) A university health services support organization
22 may petition a court of competent jurisdiction to continue the
23 confidentiality of any public record made nonconfidential by
24 this section, upon a showing of good cause. In determining
25 good cause, the court shall balance the property, privacy, and
26 economic interests of any affected person or business entity
27 with those of the university health services support
28 organization and with the public interest and must make a
29 finding that a substantial public interest is served by the
30 continued confidentiality of the public record for an
31 additional time period. The length of time for this continued
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1 exemption may be no longer than is necessary to protect that
2 substantial public interest.
3 (9) This act does not preclude discovery of records
4 and information that are otherwise discoverable under the
5 Florida Rules of Civil Procedure or any statutory provision
6 allowing discovery or presuit disclosure of such records and
7 information for the purpose of civil actions.
8 Section 100. Subsection (14) of section 240.2997,
9 Florida Statutes, is amended to read:
10 240.2997 Florida State University College of
11 Medicine.--
12 (14) INDEMNIFICATION FROM LIABILITY.--This section
13 shall be construed to authorize the Florida State University,
14 for and on behalf of the Board of Regents, to negotiate and
15 purchase policies of insurance to indemnify from any liability
16 those individuals or entities providing sponsorship or
17 training to the students of the medical school, professionals
18 employed by the medical school, and students of the medical
19 school.
20 Section 101. Notwithstanding subsection (7) of section
21 3 of chapter 2000-321, Laws of Florida, section 240.301,
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:
25 240.301 Community colleges; definition, mission, and
26 responsibilities.--
27 (1) State community colleges shall consist of all
28 public educational institutions operated by community college
29 district boards of trustees under the law statutory authority
30 and rules of the State Board of Education and the State Board
31 of Community Colleges. A community college may provide adult
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1 education services, including adult basic education, adult
2 general education, adult secondary education, and general
3 educational development test instruction. The state community
4 colleges are locally based and governed entities with
5 statutory and funding ties to state government. As such, the
6 community colleges' mission reflects a commitment to be
7 responsive to local educational needs and challenges. In
8 achieving this mission, the community colleges shall strive to
9 maintain sufficient local authority and flexibility while
10 preserving appropriate legal accountability to the state.
11 (2) As comprehensive institutions, the community
12 colleges shall provide high-quality, affordable education and
13 training opportunities, shall foster a climate of excellence,
14 and shall provide opportunities to all while combining high
15 standards with an open-door admission policy. The community
16 colleges shall, as open-access institutions, serve all who can
17 benefit, without regard to age, race, gender, creed, or ethnic
18 or economic background, while emphasizing the achievement of
19 social and educational equity so that all can be prepared for
20 full participation in society.
21 (3) The primary mission and responsibility of public
22 community colleges is responding to community needs for
23 postsecondary academic education and degree career education.
24 This mission and responsibility includes being responsible
25 for:
26 (a) Providing lower level undergraduate instruction
27 and awarding associate degrees, and providing upper-level
28 instruction and awarding baccalaureate degrees as specifically
29 authorized by law.
30 (b) Preparing students directly for vocations
31 requiring less than baccalaureate degrees. This may include
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1 preparing for job entry, supplementing of skills and
2 knowledge, and responding to needs in new areas of technology.
3 Career education in the community college shall consist of
4 certificate career education programs leading to certificates
5 for occupational completion points, credit courses leading to
6 associate in science degrees and associate in applied
7 technology degrees, and other programs in fields requiring
8 substantial academic work, background, or qualifications. A
9 community college may offer vocational programs in fields
10 having lesser academic or technical requirements.
11 (c) Providing student development services, including
12 assessment, student tracking, support for disabled students,
13 advisement, counseling, financial aid, career development, and
14 remedial and tutorial services, to ensure student success.
15 (d) Promoting economic development for the state
16 within each community college district through the provision
17 of special programs, including, but not limited to, the:
18 1. Enterprise Florida-related programs.
19 2. Technology transfer centers.
20 3. Economic development centers.
21 4. Workforce literacy programs.
22 (4) A separate and secondary role for community
23 colleges includes the offering of programs in:
24 (a) Community services that which are not directly
25 related to academic or occupational advancement.
26 (b) Adult general education.
27 (c) Recreational and leisure services.
28 (5) Funding for community colleges shall reflect their
29 mission as follows:
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1 (a) Postsecondary academic and vocational education
2 programs and adult general education programs shall have first
3 priority in community college funding.
4 (b) Community service programs shall be presented to
5 the Legislature with rationale for state funding. The
6 Legislature may identify priority areas for use of these
7 funds.
8 (6) Community colleges are authorized to offer such
9 programs and courses as are necessary to fulfill their mission
10 and are authorized to grant associate in arts degrees,
11 associate in science degrees, associate in applied science
12 degrees, certificates, awards, and diplomas. Each community
13 college is also authorized to provide access to baccalaureate
14 degrees through concurrent-use partnerships or through
15 offering a limited number of baccalaureate degrees as
16 authorized by law, and to make provisions for the general
17 educational development examination.
18 Section 102. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.303,
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:
23 240.303 "Community college" and "junior college" used
24 interchangeably.--Whenever The terms term "community college"
25 and "junior college," as used appears in the Florida Statutes
26 in reference to a tax-supported institution, have the same
27 meaning. it shall be construed to mean a "junior college."
28 Section 103. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.3031,
30 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:
3 240.3031 Florida community colleges College System
4 defined.--Florida's The Florida community colleges College
5 System shall consist of the following:
6 (1) The State Board of Community Colleges of the
7 Division of Community Colleges of the Department of Education.
8 (1)(2) Brevard Community College.
9 (2)(3) Broward Community College.
10 (3)(4) Central Florida Community College.
11 (4)(5) Chipola Junior College.
12 (5)(6) Daytona Beach Community College.
13 (6)(7) Edison Community College.
14 (7)(8) Florida Community College at Jacksonville.
15 (8)(9) Florida Keys Community College.
16 (9)(10) Gulf Coast Community College.
17 (10)(11) Hillsborough Community College.
18 (11)(12) Indian River Community College.
19 (12)(13) Lake City Community College.
20 (13)(14) Lake-Sumter Community College.
21 (14)(15) Manatee Community College.
22 (15)(16) Miami-Dade Community College.
23 (16)(17) North Florida Community College.
24 (17)(18) Okaloosa-Walton Community College.
25 (18)(19) Palm Beach Community College.
26 (19)(20) Pasco-Hernando Community College.
27 (20)(21) Pensacola Junior College.
28 (21)(22) Polk Community College.
29 (22)(23) St. Johns River Community College.
30 (23)(24) St. Petersburg Junior College.
31 (24)(25) Santa Fe Community College.
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1 (25)(26) Seminole Community College.
2 (26)(27) South Florida Community College.
3 (27)(28) Tallahassee Community College.
4 (28)(29) Valencia Community College.
5 Section 104. Sections 240.305 and 240.309, Florida
6 Statutes; section 240.311, Florida Statutes, as amended by
7 section 34 of chapter 2001-170 and section 77 of chapter
8 2001-266, Laws of Florida; and section 240.3115, Florida
9 Statutes, are repealed.
10 Section 105. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.312,
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:
15 240.312 Community colleges; program review.--The
16 director of the Division of Community Colleges shall develop
17 guidelines for the review of all academic programs in
18 community colleges. Program reviews, to be conducted in
19 conjunction with the Council for Education Policy Research and
20 Improvement, shall document how individual programs are
21 achieving stated learning and program objectives within the
22 context of the institution's mission. The results of the
23 program reviews shall inform the strategic planning, program
24 development, and budgeting decisions at the institutional
25 level. Program reviews for the community college system shall
26 be coordinated with the Postsecondary Education Planning
27 Commission every year. Every major program shall be reviewed
28 every 5 years or whenever the effectiveness or efficiency of a
29 program is jeopardized, except that certificate career
30 education programs and programs leading to an associate in
31 science degree shall be reviewed every 3 years. Indicators of
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1 quality and criteria for the program reviews shall be defined.
2 The results of these program reviews shall be tied to the
3 budget request for the community college system.
4 Section 106. Notwithstanding subsection (7) of section
5 3 of chapter 2000-321, Laws of Florida, section 240.313,
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:
9 240.313 Community college districts; establishment and
10 organization of boards of trustees.--
11 (1) Each community college district authorized by law
12 and the Department of Education is an independent, separate,
13 legal entity created for the operation of a community college.
14 The district board of trustees, the community college
15 district, and the community college are one and the same legal
16 entity, a political subdivision of the state, for all purposes
17 under this section, including, without limitation, the
18 ownership of property and the transaction of business.
19 (2) Community college district boards of trustees
20 shall be comprised of five members when a community college
21 district is confined to one school board district; seven
22 members when a community college district is confined to one
23 school board district and the district board of trustees so
24 elects; and not more than nine members when the district
25 contains two or more school board districts, as provided by
26 regulations of the State Board of Education. However, Florida
27 Community College at Jacksonville shall have an odd number of
28 trustees.
29 (3) Trustees shall be appointed by the Governor,
30 approved by four members of the State Board of Education, and
31 confirmed by the Senate in regular session; however, an no
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1 appointee shall take office on an interim basis pending Senate
2 action until such action or the end of the next regular
3 session, whichever occurs earlier. after his or her
4 appointment has been approved by four members of the State
5 Board of Education; further, the State Board of Education
6 shall develop rules and procedures for review and approval of
7 the appointees. Prior to the time the Governor appoints any
8 member of any community college district board of trustees,
9 the school board or boards in the community college district
10 may submit to the Governor for his or her consideration the
11 names of two or more persons for each office.
12 (4) Members of the district board of trustees shall
13 receive no salary but may receive reimbursement for expenses
14 as provided in s. 112.061, including mileage to and from
15 official board meetings.
16 (5) At its first regular meeting after July 1 of each
17 year, each district board of trustees shall organize by
18 electing a chair, whose duty as such is to preside at all
19 meetings of the district board, to call special meetings
20 thereof, and to attest to actions of the district board, and a
21 vice chair, whose duty as such is to act as chair during the
22 absence or disability of the elected chair. It is the further
23 duty of the chair of each district board of trustees to notify
24 the Governor, in writing, whenever a board member fails to
25 attend three consecutive regular district board meetings in
26 any one fiscal year, which absences may be grounds for
27 removal.
28 (6) A community college president shall be the
29 executive officer and corporate secretary of the district
30 board of trustees as well as the chief administrative officer
31 of the community college, and all the components of the
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1 institution and all aspects of its operation are responsible
2 to the district board of trustees through the president.
3 (7) The district board of trustees shall have the
4 power to take action without a recommendation from the
5 president and shall have the power to require the president to
6 deliver to the district board all data and information
7 required by the district board in the performance of its
8 duties.
9 Section 107. 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 108. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.317,
28 Florida Statutes, shall not stand repealed January 7, 2003, as
29 scheduled by that law, but that section is reenacted and
30 amended to read:
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1 240.317 Community colleges; legislative intent.--It is
2 the legislative intent that community colleges, constituted as
3 political subdivisions of the state, continue to be operated
4 by district boards of trustees as provided in s. 240.315 and
5 that no department, bureau, division, agency, or subdivision
6 of the state exercise any responsibility and authority to
7 operate any community college of the state except as
8 specifically provided by law or rules of the State Board of
9 Education and State Board of Community Colleges.
10 Section 109. Section 240.318, Florida Statutes, is
11 created to read:
12 240.318 Community college presidents; powers and
13 duties.--
14 (1) The president is the chief executive officer of
15 the community college, shall be corporate secretary of the
16 community college district board of trustees, and is
17 responsible for the operation and administration of the
18 community college. Consistent with the law, the mission of the
19 community college, the rules of the State Board of Education,
20 and the rules of the community college district boards of
21 trustees, each community college president shall:
22 (a) Recommend the adoption of rules to the community
23 college district board of trustees to implement provisions of
24 law governing the operation and administration of the
25 community college, which shall include the specific powers and
26 duties enumerated in this section.
27 (b) Prepare a budget request and an operating budget
28 for approval by the community college district board of
29 trustees.
30 (c) Administer the community college personnel
31 program, including, but not limited to, recruiting,
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1 appointing, transferring, promoting, compensating, evaluating,
2 rewarding, demoting, disciplining, suspending, and removing
3 personnel.
4 (d) Govern admissions.
5 (e) Approve, execute, and administer contracts for and
6 on behalf of the community college district board of trustees
7 for the acquisition of commodities, goods, licenses,
8 equipment, services, leases of real and personal property, and
9 planning and construction to be rendered to or by the
10 community college. Any contract exceeding $1 million must be
11 approved by the community college district board of trustees
12 before the contract is entered. Community college presidents
13 shall comply with s. 287.055 for the procurement of
14 professional services. For purposes of a community college
15 president's contracting authority, a continuing contract for
16 professional services under s. 287.055 is one in which
17 construction costs do not exceed $1 million or the fee for
18 study activity does not exceed $100,000.
19 (f) Manage the property and other resources of the
20 community college.
21 (g) Establish the academic calendar of the community
22 college.
23 (h) Administer the community college's program of
24 intercollegiate athletics.
25 (i) Recommend to the community college district board
26 of trustees the establishment and termination of degree and
27 other programs.
28 (j) Award degrees.
29 (k) Recommend to the community college district board
30 of trustees a schedule of tuition and fees to be charged by
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1 the community college, within law and rules of the State Board
2 of Education.
3 (l) Review periodically the operations of the
4 community college in order to determine how effectively and
5 efficiently the community college is being administered and
6 whether it is meeting the goals of its strategic plan adopted
7 by the State Board of Education.
8 (m) Enter into agreements for student exchange
9 programs which involve students at the community college and
10 students in other institutions of higher learning.
11 (n) Provide purchasing, contracting, and budgetary
12 review processes for student government organizations.
13 (o) Ensure compliance with federal and state laws,
14 rules, and other requirements that are applicable to the
15 community college.
16 (p) Maintain all data and information pertaining to
17 the operation of the community college, and report on the
18 attainment by the community college of institutional and
19 statewide performance accountability goals.
20 (q) Administer matters relating to students such as
21 classification, attendance, progress, student accounts,
22 discipline, suspension, expulsion, and graduation, subject to
23 the law, the rules of the State Board of Education, and the
24 rules of the community college district boards of trustees.
25 (2) For purposes of this chapter, the powers, duties,
26 and authority vested with a community college are vested with
27 the president of the community college or his or her designee.
28 Unless expressly prohibited by law, rule of the State Board of
29 Education, or rule of the community college district board of
30 trustees, each community college president may delegate any
31 power, duty, or authority vested in the president by law, rule
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