Amendment

Bill No. 2388

Amendment No. 284637

CHAMBER ACTION
Senate		House
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1	Representatives Kyle and Kottkamp offered the following:
2
3	Substitute Amendment for Amendment (581755) (with title
4	amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  Paragraphs (d), (f), (o), and (q) of subsection
7	(3) of section 1000.21, Florida Statutes, are amended to read:
8	1000.21  Systemwide definitions.--As used in the Florida K-
9	20 Education Code:
10	(3)  "Community college," except as otherwise specifically
11	provided, includes the following institutions and any branch
12	campuses, centers, or other affiliates of the institution:
13	(d)  Chipola Junior College.
14	(f)  Edison Community College.
15	(o)  Miami Dade Miami-Dade Community College.
16	(q)  Okaloosa-Walton Community College.
17	Section 2.  Paragraph (i) is added to subsection (7) of
18	section 1001.02, Florida Statutes, to read:
19	1001.02  General powers of State Board of Education.--
20	(7)  The State Board of Education shall:
21	(i)  Adopt by rule policies that address the baccalaureate
22	degree programs at community colleges approved pursuant to s.
23	1007.33, including, but not limited to, reporting policies and
24	performance accountability requirements for both upper-division
25	and lower-division programs.
26	Section 3.  Subsections (1), (7), and (9) of section
27	1004.65, Florida Statutes, are amended, and subsection (10) is
28	added to said section, to read:
29	1004.65  Community colleges; definition, mission, and
30	responsibilities.--
31	(1)  Community colleges shall consist of all public
32	educational institutions identified in s. 1000.21(3). Community
33	colleges, including colleges that have been approved by the
34	State Board of Education to offer baccalaureate degree programs
35	pursuant to s. 1007.33, shall be operated by community college
36	district boards of trustees under statutory authority and rules
37	of the State Board of Education. Except as otherwise
38	specifically provided in law, all laws and rules that relate to
39	community colleges apply to community colleges authorized to
40	offer baccalaureate degree programs pursuant to s. 1007.33.
41	(7)  A separate and secondary role for community colleges
42	includes:
43	(a)  Providing upper level instruction and awarding
44	baccalaureate degrees as specifically authorized by law.
45	Community colleges that are approved to offer baccalaureate
46	degree programs shall maintain the primary mission pursuant to
47	subsection (6) and may not terminate associate in arts or
48	associate in science degree programs as a result of the
49	authorization to offer baccalaureate degree programs.
50	(b)  The offering of programs in:
51	1.  Community services that are not directly related to
52	academic or occupational advancement.
53	2.  Adult general education.
54	3.  Recreational and leisure services.
55	(9)  Community colleges are authorized to offer such
56	programs and courses as are necessary to fulfill their mission
57	and are authorized to grant associate in arts degrees, associate
58	in science degrees, associate in applied science degrees,
59	certificates, awards, and diplomas. Each community college is
60	also authorized to make provisions for the General Educational
61	Development test. Each community college may provide access to
62	and award baccalaureate degrees in accordance with law.
63	(10)  A community college may not offer graduate programs.
64	Section 4.  Subsection (3) is added to section 1004.68,
65	Florida Statutes, to read:
66	1004.68  Community college; degrees and certificates; tests
67	for certain skills.--
68	(3)  The board of trustees of a community college
69	authorized to grant baccalaureate degrees pursuant to s. 1007.33
70	may continue to award degrees, diplomas, and certificates as
71	authorized for the college, and in the name of the college,
72	until the college receives any necessary changes to its
73	accreditation.
74	Section 5.  Section 1007.33, Florida Statutes, is amended
75	to read:
76	1007.33  Site-determined baccalaureate degree access.--
77	(1)  The Legislature recognizes that public and private
78	postsecondary educational institutions play essential roles in
79	improving the quality of life and economic well-being of the
80	state and its residents. The Legislature also recognizes that
81	economic development needs and the educational needs of place-
82	bound, nontraditional students have increased the demand for
83	local access to baccalaureate degree programs. In some, but not
84	all, geographic regions, baccalaureate degree programs are being
85	delivered successfully at the local community college through
86	agreements between the community college and 4-year
87	postsecondary institutions within or outside of the state. It is
88	therefore the intent of the Legislature to further expand access
89	to baccalaureate degree programs through the use of community
90	colleges to provide programs that meet critical workforce needs.
91	(2)  A community college may enter into a formal agreement
92	pursuant to the provisions of s. 1007.22 for the delivery of
93	specified baccalaureate degree programs.
94	(3)  A community college may develop a proposal to deliver
95	specified baccalaureate degree programs in its district to meet
96	local workforce needs or to expand access to postsecondary
97	education for diverse, nontraditional, and geographically bound
98	students. The proposal must be submitted to the State Board of
99	Education for approval in accordance with timelines and
100	guidelines adopted by the State Board of Education. The
101	community college's proposal must include the following
102	information:
103	(a)  Documentation of the demand for the baccalaureate
104	degree program as is identified by the workforce development
105	board, local businesses and industry, local chambers of
106	commerce, and potential students.
107	(b)  Documentation of the unmet need for graduates of the
108	proposed degree program is substantiated.
109	(c)  Documentation that the community college has the
110	facilities and academic resources to deliver the program within
111	existing resources.
112	(d)  Documentation that attempts were made to meet the
113	identified need through an alternative approach, such as
114	distance learning and partnerships with other public or private
115	postsecondary educational institutions, and that the proposed
116	program can be offered and the degree awarded by the community
117	college in a manner that is most cost-effective to the student
118	and the state.
119	(4)  Upon receipt of a proposal from a community college,
120	the State Board of Education must make the proposal available to
121	other regionally accredited public and private postsecondary
122	educational institutions for 60 days for review and comment.
123	(5)  The State Board of Education may approve, deny, or
124	require revisions to a proposal. The State Board of Education
125	must consider a proposal and comments submitted pursuant to
126	subsection (4) as part of its review. The State Board of
127	Education may only approve a community college proposal that
128	fully complies with the requirements of subsection (3) and s.
129	1004.03(2) and represents the highest quality, most efficient,
130	and cost-effective manner to provide access to the degree.
131	(6)  Programs approved pursuant to subsection (5) shall be
132	implemented in accordance with joint letters of agreement
133	between the State Board of Education and community colleges
134	approved pursuant to this section.
135	(7)  The proposal must be submitted to the Council for
136	Education Policy Research and Improvement for review and
137	comment. Upon approval of the State Board of Education for the
138	specific degree program or programs, the community college shall
139	pursue regional accreditation by the Commission on Colleges of
140	the Southern Association of Colleges and Schools. Any additional
141	baccalaureate degree programs the community college wishes to
142	offer must be approved by the State Board of Education pursuant
143	to the process outlined in this section.
144	(8)  Any baccalaureate degree programs authorized at
145	community colleges pursuant to the provisions of this section
146	shall undergo program reviews pursuant to s. 1001.02(6).
147	(9)(4)  A community college may not terminate its associate
148	in arts or associate in science degree programs as a result of
149	the authorization provided pursuant to this section in
150	subsection (3). The Legislature intends that the primary mission
151	of a community college, including a community college that
152	offers baccalaureate degree programs, continues to be the
153	provision of associate degrees that provide access to a
154	university.
155	(10)  The State Board of Education shall adopt rules to
156	administer this section.
157	Section 6.  Subsections (1), (2), (3), (4), and (11) of
158	section 1009.23, Florida Statutes, are amended to read:
159	1009.23  Community college student fees.--
160	(1)  Unless otherwise provided, the provisions of this
161	section apply only to fees charged for college credit
162	instruction leading to an associate in arts degree, an associate
163	in applied science degree, or an associate in science degree, or
164	a baccalaureate degree authorized by the State Board of
165	Education pursuant to s. 1007.33 and noncollege credit college-
166	preparatory courses defined in s. 1004.02.
167	(2)(a)  All students shall be charged fees except students
168	who are exempt from fees or students whose fees are waived.
169	(b)  Tuition and out-of-state fees for upper-division
170	courses must reflect the fact that the community college has a
171	less expensive cost structure than that of a state university.
172	Therefore, the board of trustees shall establish tuition and
173	out-of-state fees for upper-division courses consistent with law
174	and proviso in the General Appropriations Act. The board of
175	trustees shall not increase tuition and out-of state fees as
176	authorized in subsection (4).
177	(3)  The State Board of Education shall adopt by December
178	31 of each year a resident fee schedule for the following fall
179	for advanced and professional, associate in science degree,
180	baccalaureate degree programs authorized by the State Board of
181	Education pursuant to s. 1007.33, and college-preparatory
182	programs that produce revenues in the amount of 25 percent of
183	the full prior year's cost of these programs. Fees for courses
184	in college-preparatory programs and associate in arts and
185	associate in science degree programs may be established at the
186	same level. In the absence of a provision to the contrary in an
187	appropriations act, the fee schedule shall take effect and the
188	colleges shall expend the funds on instruction. If the
189	Legislature provides for an alternative fee schedule in an
190	appropriations act, the fee schedule shall take effect the
191	subsequent fall semester.
192	(4)  Each community college board of trustees shall
193	establish tuition and out-of-state fees, which may vary no more
194	than 10 percent below and 15 percent above the combined total of
195	the fee schedule adopted by the State Board of Education and the
196	technology fee adopted by a board of trustees, provided that any
197	amount from 10 to 15 percent above the fee schedule is used only
198	to support safety and security purposes. In order to assess an
199	additional amount for safety and security purposes, a community
200	college board of trustees must provide written justification to
201	the State Board of Education based on criteria approved by the
202	board of trustees, including, but not limited to, criteria such
203	as local crime data and information, and strategies for the
204	implementation of local safety plans. Should a college decide to
205	increase the tuition fee, the funds raised by increasing the
206	tuition fee must be expended solely for additional safety and
207	security purposes and shall not supplant funding expended in the
208	1998-1999 budget for safety and security purposes. The
209	provisions of this subsection apply only to fees charged for
210	college credit instruction leading to an associate in arts
211	degree, an associate in applied science degree, or an associate
212	in science degree and noncollege credit college-preparatory
213	courses defined in s. 1004.02.
214	(11)(a)  Each community college board of trustees may
215	establish a separate fee for capital improvements, technology
216	enhancements, or equipping student buildings which may not
217	exceed 10 percent of tuition for resident students or 10 percent
218	of the sum of tuition and out-of-state fees for nonresident
219	students. The fee for resident students shall be limited to an
220	increase of $2 per credit hour over the prior year $1 per credit
221	hour or credit-hour equivalent for residents and which equals or
222	exceeds $3 per credit hour for nonresidents. Funds collected by
223	community colleges through these fees may be bonded only as
224	provided in this subsection for the purpose of financing or
225	refinancing new construction and equipment, renovation, or
226	remodeling of educational facilities. The fee shall be collected
227	as a component part of the tuition and fees, paid into a
228	separate account, and expended only to construct and equip,
229	maintain, improve, or enhance the educational facilities of the
230	community college. Projects funded through the use of the
231	capital improvement fee shall meet the survey and construction
232	requirements of chapter 1013. Pursuant to s. 216.0158, each
233	community college shall identify each project, including
234	maintenance projects, proposed to be funded in whole or in part
235	by such fee.
236	(b)  Capital improvement fee revenues may be pledged by a
237	board of trustees as a dedicated revenue source to the repayment
238	of debt, including lease-purchase agreements with an overall
239	term, including renewals, extensions, and refundings, of not
240	more than 7 years, and revenue bonds, with a term not to exceed
241	20 annual maturities years, and not to exceed the useful life of
242	the asset being financed, only for the financing or refinancing
243	of new construction and equipment, renovation, or remodeling of
244	educational facilities. Community colleges may use the services
245	of the Division of Bond Finance of the State Board of
246	Administration to issue any Bonds authorized through the
247	provisions of this subsection shall be. Any such bonds issued by
248	the Division of Bond Finance, upon the request of the community
249	college board of trustees, shall be in compliance with the
250	provisions of s. 11(d), Art.VII of the State Constitution and
251	the State Bond Act. The Division of Bond Finance may pledge fees
252	collected by one or more community colleges to secure such
253	bonds. Any project included in the approved educational plant
254	survey pursuant to chapter 1013 is approved pursuant to the
255	provisions of s. 11(d), Art.VII of the State Constitution.
256	(c)  The state does hereby covenant with the holders of the
257	bonds issued pursuant to this subsection that it will not take
258	any action that will materially and adversely affect the rights
259	of such holders so long as the bonds authorized by this
260	subsection are outstanding.
261	(d)  Any validation of the bonds shall be Bonds issued
262	pursuant to the State Bond Act shall be validated in the manner
263	provided by chapter 75. Only the initial series of bonds is
264	required to be validated. The complaint for such validation
265	shall be filed in the circuit court of the county where the seat
266	of state government is situated, the notice required to be
267	published by s. 75.06 shall be published only in the county
268	where the complaint is filed, and the complaint and order of the
269	circuit court shall be served only on the state attorney of the
270	circuit in which the action is pending.
271	(e)  A maximum of 15 percent cents per credit hour may be
272	allocated from the capital improvement fee for child care
273	centers conducted by the community college. The use of capital
274	improvement fees for such purpose shall be subordinate to the
275	payment of any bonds secured by the fees.
276	Section 7.  Section 1011.83, Florida Statutes, is amended
277	to read:
278	1011.83  Financial support of community colleges.--
279	(1)  Each community college that has been approved by the
280	Department of Education and meets the requirements of law and
281	rules of the State Board of Education shall participate in the
282	Community College Program Fund. However, funds to support
283	workforce development programs conducted by community colleges
284	shall be provided by the Workforce Development Education Fund
285	pursuant to s. 1011.80. Community colleges shall fund the
286	nonrecurring costs related to the initiation of a new
287	baccalaureate degree program pursuant to s. 1007.33 within
288	existing resources unless special grant funds are provided by
289	legislative appropriation for this purpose. Recurring
290	operational funding for a community college authorized to grant
291	baccalaureate degrees pursuant to s. 1007.33 shall be funded as
292	follows:
293	(a)  As a community college for its workforce development
294	education programs and for its lower-level college credit
295	courses and programs funded in the Community College Program
296	Fund pursuant to this section.
297	(b)  As a baccalaureate-degree-level institution for its
298	upper-division level courses and programs. State support for
299	these programs should not exceed 85 percent of the amount of
300	state support per full-time equivalent student in a comparable
301	state university program as determined by the annual General
302	Appropriations Act. Funds appropriated for this purpose may be
303	used only for the baccalaureate degree programs.
304	(2)  Funds specifically appropriated by the Legislature for
305	baccalaureate degree programs approved pursuant to s. 1007.33
306	may be used only for such programs. A new baccalaureate program
307	may not accept students without a recurring legislative
308	appropriation for this purpose.
309	(3)  Community colleges that grant baccalaureate degrees
310	shall maintain reporting and funding distinctions between any
311	baccalaureate degree program approved pursuant to s. 1007.33 and
312	other baccalaureate degree programs involving traditional
313	concurrent-use partnerships.
314	Section 8.  Section 1012.82, Florida Statutes, is amended
315	to read:
316	1012.82  Teaching faculty; minimum teaching hours per
317	week.--Each full-time member of the teaching faculty at any
318	community college, including faculty who teach upper-division
319	courses that are a component part of a baccalaureate degree
320	program approved pursuant to s. 1007.33, who is paid wholly from
321	funds appropriated from the community college program fund shall
322	teach a minimum of 15 classroom contact hours per week at such
323	institution. However, the required classroom contact hours per
324	week may be reduced upon approval of the president of the
325	institution in direct proportion to specific duties and
326	responsibilities assigned the faculty member by his or her
327	departmental chair or other appropriate college administrator.
328	Such specific duties may include specific research duties,
329	specific duties associated with developing television, video
330	tape, or other specifically assigned innovative teaching
331	techniques or devices, or assigned responsibility for off-campus
332	student internship or work-study programs. A "classroom contact
333	hour" consists of a regularly scheduled classroom activity of
334	not less than 50 minutes in a course of instruction which has
335	been approved by the community college board of trustees. Any
336	full-time faculty member who is paid partly from community
337	college program funds and partly from other funds or
338	appropriations shall teach a minimum number of classroom contact
339	hours per week in such proportion to 15 classroom contact hours
340	as his or her salary paid from community college program funds
341	bears to his or her total salary.
342	Section 9.  Subsection (2) of section 1013.60, Florida
343	Statutes, is amended to read:
344	1013.60  Legislative capital outlay budget request.--
345	(2)  The commissioner shall submit to the Governor and to
346	the Legislature an integrated, comprehensive budget request for
347	educational facilities construction and fixed capital outlay
348	needs for school districts, community colleges, and
349	universities, pursuant to the provisions of s. 1013.64 and
350	applicable provisions of chapter 216. Each community college
351	board of trustees and each university board of trustees shall
352	submit to the commissioner a 3-year plan and data required in
353	the development of the annual capital outlay budget. Community
354	college boards of trustees may request funding for all
355	authorized programs, including approved baccalaureate degree
356	programs. Enrollment in approved baccalaureate degree programs
357	shall be computed into the survey of need for facilities. No
358	further disbursements shall be made from the Public Education
359	Capital Outlay and Debt Service Trust Fund to a board of
360	trustees that fails to timely submit the required data until
361	such board of trustees submits the data.
362	Section 10.  Paragraph (g) of subsection (5) of section
363	288.8175, Florida Statutes, is amended to read:
364	288.8175  Linkage institutes between postsecondary
365	institutions in this state and foreign countries.--
366	(5)  The institutes are:
367	(g)  Florida-France Institute (New College of the
368	University of South Florida, Miami Dade Miami-Dade Community
369	College, and Florida State University).
370	Section 11.  Paragraph (a) of subsection (2) of section
371	1002.35, Florida Statutes, is amended to read:
372	1002.35  New World School of the Arts.--
373	(2)(a)  For purposes of governance, the New World School of
374	the Arts is assigned to Miami Dade Miami-Dade Community College,
375	the Dade County School District, and one or more universities
376	designated by the State Board of Education. The State Board of
377	Education shall assign to the New World School of the Arts a
378	university partner or partners. In this selection, the State
379	Board of Education shall consider the accreditation status of
380	the core programs. Florida International University, in its
381	capacity as the provider of university services to Dade County,
382	shall be a partner to serve the New World School of the Arts,
383	upon meeting the accreditation criteria. The respective boards
384	shall appoint members to an executive board for administration
385	of the school. The executive board may include community members
386	and shall reflect proportionately the participating
387	institutions. Miami Dade Miami-Dade Community College shall
388	serve as fiscal agent for the school.
389	Section 12.  Subsection (2) of section 1004.76, Florida
390	Statutes, is amended to read:
391	1004.76  Florida Martin Luther King, Jr., Institute for
392	Nonviolence.--
393	(2)  There is hereby created the Florida Martin Luther
394	King, Jr., Institute for Nonviolence to be established at Miami
395	Dade Miami-Dade Community College. The institute shall have an
396	advisory board consisting of 13 members as follows: the Attorney
397	General, the Commissioner of Education, and 11 members to be
398	appointed by the Governor, such members to represent the
399	population of the state based on its ethnic, gender, and
400	socioeconomic diversity. Of the members appointed by the
401	Governor, one shall be a member of the Senate appointed by the
402	Governor on the recommendation of the President of the Senate;
403	one shall be a member of the Senate appointed by the Governor on
404	the recommendation of the minority leader; one shall be a member
405	of the House of Representatives appointed by the Governor on the
406	recommendation of the Speaker of the House of Representatives;
407	one shall be a member of the House of Representatives appointed
408	by the Governor on the recommendation of the minority leader;
409	and seven shall be members appointed by the Governor, no more
410	than three of whom shall be members of the same political party.
411	The following groups shall be represented by the seven members:
412	the Florida Sheriffs Association; the Florida Association of
413	Counties; the Florida League of Cities; state universities human
414	services agencies; community relations or human relations
415	councils; and youth. A chairperson shall be elected by the
416	members and shall serve for a term of 3 years. Members of the
417	board shall serve the following terms of office which shall be
418	staggered:
419	(a)  A member of the Legislature appointed to the board
420	shall serve for a single term not to exceed 5 years and shall
421	serve as a member only while he or she is a member of the
422	Legislature.
423	(b)  Of the seven members who are not members of the
424	Legislature, three shall serve for terms of 4 years, two shall
425	serve for terms of 3 years, and one shall serve for a term of 1
426	year. Thereafter, each member, except for a member appointed to
427	fill an unexpired term, shall serve for a 5-year term. No member
428	shall serve on the board for more than 10 years.
429
430	In the event of a vacancy occurring in the office of a member of
431	the board by death, resignation, or otherwise, the Governor
432	shall appoint a successor to serve for the balance of the
433	unexpired term.
434	Section 13.  This act shall take effect upon becoming a
435	law.
436
437	================ T I T L E  A M E N D M E N T =============
438	Remove the entire title and insert:
439	A bill to be entitled
440	An act relating to postsecondary education; amending s.
441	1000.21, F.S.; redesignating specified community colleges;
442	amending s. 1001.02, F.S.; requiring State Board of
443	Education rules that address baccalaureate degree programs
444	at community colleges; amending s. 1004.65, F.S.; adding
445	references to community colleges approved by the State
446	Board of Education to offer baccalaureate programs;
447	requiring such institutions to maintain their primary
448	mission; prohibiting the termination of associate
449	programs; prohibiting a community college from offering
450	graduate programs; amending s. 1004.68, F.S.; revising
451	provisions relating to the awarding of degrees, diplomas,
452	and certificates by community colleges approved to offer
453	baccalaureate degree programs; amending s. 1007.33, F.S.,
454	revising requirements for a proposal by a community
455	college to deliver a baccalaureate degree program;
456	requiring the State Board of Education to make community
457	college proposals available for review and comment by
458	other regionally accredited postsecondary educational
459	institutions; eliminating requirement for review and
460	comment by the Council for Education Policy Research and
461	Improvement; authorizing State Board to approve, deny, or
462	require revisions to a proposal; specifying criteria for
463	approval; requiring a joint letter of agreement to
464	implement a proposed program; requiring program reviews;
465	authorizing rulemaking; amending s. 1009.23, F.S.;
466	providing requirements for tuition and fees in approved
467	baccalaureate degree programs offered by community
468	colleges; revising the amount of the fee for capital
469	improvements, technology enhancements, or equipping
470	student buildings; revising provisions relating to bonding
471	of fee revenues; revising the allocation for certain
472	childcare centers; amending s. 1011.83, F.S.; providing
473	for funding of approved baccalaureate programs at
474	community colleges; amending s. 1012.82, F.S.; revising
475	provisions relating to minimum contact hours for community
476	college faculty to include faculty who teach upper-
477	division courses; amending s. 1013.60, F.S.; permitting
478	community colleges to include all authorized programs in
479	their legislative capital outlay budget request; requiring
480	enrollment in approved baccalaureate degree programs to be
481	computed into the survey of need for facilities; amending
482	ss. 288.8175, 1002.35, and 1004.76, F.S.; conforming
483	terminology; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.