Amendment
Bill No. 2388
Amendment No. 581755
CHAMBER ACTION
Senate House
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1Representatives Kyle and Kottkamp offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraphs (d), (f), (o), and (q) of subsection
6(3) of section 1000.21, Florida Statutes, are amended to read:
7     1000.21  Systemwide definitions.--As used in the Florida K-
820 Education Code:
9     (3)  "Community college," except as otherwise specifically
10provided, includes the following institutions and any branch
11campuses, centers, or other affiliates of the institution:
12     (d)  Chipola Junior College.
13     (f)  Edison Community College.
14     (o)  Miami Dade Miami-Dade Community College.
15     (q)  Okaloosa-Walton Community College.
16     Section 2.  Paragraph (i) is added to subsection (7) of
17section 1001.02, Florida Statutes, to read:
18     1001.02  General powers of State Board of Education.--
19     (7)  The State Board of Education shall:
20     (i)  Adopt by rule policies that address the baccalaureate
21degree programs at community colleges approved pursuant to s.
221007.33, including, but not limited to, reporting policies and
23performance accountability requirements for both upper-division
24and lower-division programs.
25     Section 3.  Subsections (1), (7), and (9) of section
261004.65, Florida Statutes, are amended, and subsection (10)is
27added to said section, to read:
28     1004.65  Community colleges; definition, mission, and
29responsibilities.--
30     (1)  Community colleges shall consist of all public
31educational institutions identified in s. 1000.21(3). Community
32colleges, including colleges that have been approved by the
33State Board of Education to offer baccalaureate degree programs
34pursuant to s. 1007.33, shall be operated by community college
35district boards of trustees under statutory authority and rules
36of the State Board of Education. Except as otherwise
37specifically provided in law, all laws and rules that relate to
38community colleges apply to community colleges authorized to
39offer baccalaureate degree programs pursuant to s. 1007.33.
40     (7)  A separate and secondary role for community colleges
41includes:
42     (a)  Providing upper level instruction and awarding
43baccalaureate degrees as specifically authorized by law.
44Community colleges that are approved to offer baccalaureate
45degree programs shall maintain the primary mission pursuant to
46subsection (6) and may not terminate associate in arts or
47associate in science degree programs as a result of the
48authorization to offer baccalaureate degree programs.
49     (b)  The offering of programs in:
50     1.  Community services that are not directly related to
51academic or occupational advancement.
52     2.  Adult general education.
53     3.  Recreational and leisure services.
54     (9)  Community colleges are authorized to offer such
55programs and courses as are necessary to fulfill their mission
56and are authorized to grant associate in arts degrees, associate
57in science degrees, associate in applied science degrees,
58certificates, awards, and diplomas. Each community college is
59also authorized to make provisions for the General Educational
60Development test. Each community college may provide access to
61and award baccalaureate degrees in accordance with law.
62     (10)  A community college may not offer graduate programs.
63     Section 4.  Subsection (3) is added to section 1004.68,
64Florida Statutes, to read:
65     1004.68  Community college; degrees and certificates; tests
66for certain skills.--
67     (3)  The board of trustees of a community college
68authorized to grant baccalaureate degrees pursuant to s. 1007.33
69may continue to award degrees, diplomas, and certificates as
70authorized for the college, and in the name of the college,
71until the college receives any necessary changes to its
72accreditation.
73     Section 5.  Section 1007.33, Florida Statutes, is amended
74to read:
75     1007.33  Site-determined baccalaureate degree access.--
76     (1)  The Legislature recognizes that public and private
77postsecondary educational institutions play essential roles in
78improving the quality of life and economic well-being of the
79state and its residents. The Legislature also recognizes that
80economic development needs and the educational needs of place-
81bound, nontraditional students have increased the demand for
82local access to baccalaureate degree programs. In some, but not
83all, geographic regions, baccalaureate degree programs are being
84delivered successfully at the local community college through
85agreements between the community college and 4-year
86postsecondary institutions within or outside of the state. It is
87therefore the intent of the Legislature to further expand access
88to baccalaureate degree programs through the use of community
89colleges to provide programs that meet critical workforce needs.
90     (2)  A community college may enter into a formal agreement
91pursuant to the provisions of s. 1007.22 for the delivery of
92specified baccalaureate degree programs.
93     (3)  A community college may develop a proposal to deliver
94specified baccalaureate degree programs in its district to meet
95local workforce needs or to expand access to postsecondary
96education for diverse, nontraditional, and geographically bound
97students. The proposal must be submitted to the State Board of
98Education for approval in accordance with timelines and
99guidelines adopted by the State Board of Education. The
100community college's proposal must include the following
101information:
102     (a)  Documentation of the demand for the baccalaureate
103degree program as is identified by the workforce development
104board, local businesses and industry, local chambers of
105commerce, and potential students.
106     (b)  Documentation of the unmet need for graduates of the
107proposed degree program is substantiated.
108     (c)  Documentation that the community college has the
109facilities and academic resources to deliver the program within
110existing resources.
111     (d)     Documentation that alternative attempts were made to
112meet the identified need, such as distance learning and
113partnerships with other public or private postsecondary
114educational institutions, and that the proposed program can be
115offered and the degree awarded by the community college at a
116lower cost to the state per FTE than by the community college
117entering into a partnership with another postsecondary
118educational institution to provide the instruction and award the
119degree.
120     (4)  Upon receipt of a proposal from a community college,
121the State Board of Education must make the proposal available to
122other public and private postsecondary educational institutions
123for 60 days for review and comment, including the opportunity
124for such institutions to submit alternative proposals to the
125State Board of Education for meeting the stated need.
126     (5)  The State Board of Education may approve, deny, or
127require revisions to proposals. The State Board of Education
128must consider proposals submitted pursuant to subsection (4) as
129part of its review. The State Board of Education may only
130approve community college proposals that fully comply with the
131requirements of subsection (3) and s. 1004.03(2) and represent
132the most efficient and cost-effective manner for the state to
133provide access to the degree.
134     (6)  Programs approved pursuant to subsection (5) shall be
135implemented in accordance with joint letters of agreement
136between the State Board of Education and community colleges
137approved pursuant to this section.
138     (7)  The proposal must be submitted to the Council for
139Education Policy Research and Improvement for review and
140comment. Upon approval of the State Board of Education for the
141specific degree program or programs, the community college shall
142pursue regional accreditation by the Commission on Colleges of
143the Southern Association of Colleges and Schools. Any additional
144baccalaureate degree programs the community college wishes to
145offer must be approved by the State Board of Education pursuant
146to the process outlined in this section.
147     (8)  Any baccalaureate degree programs authorized at
148community colleges pursuant to the provisions of this section
149must be reviewed by the State Board of Education every 3 years
150to document continued compliance with the provisions of
151subsection (3). The State Board of Education shall terminate
152degree programs that no longer comply with the provisions of
153subsection (3).
154     (9)(4)  A community college may not terminate its associate
155in arts or associate in science degree programs as a result of
156the authorization provided pursuant to this section in
157subsection (3). The Legislature intends that the primary mission
158of a community college, including a community college that
159offers baccalaureate degree programs, continues to be the
160provision of associate degrees that provide access to a
161university.
162     (10)  The State Board of Education shall adopt rules to
163administer this section.
164     Section 6.  Subsections (1), (3), (4), and (11) of section
1651009.23, Florida Statutes, are amended to read:
166     1009.23  Community college student fees.--
167     (1)  Unless otherwise provided, the provisions of this
168section apply only to fees charged for college credit
169instruction leading to an associate in arts degree, an associate
170in applied science degree, or an associate in science degree, or
171a baccalaureate degree authorized by the State Board of
172Education pursuant to s. 1007.33 and noncollege credit college-
173preparatory courses defined in s. 1004.02.
174     (3)  The State Board of Education shall adopt by December
17531 of each year a resident fee schedule for the following fall
176for advanced and professional, associate in science degree,
177baccalaureate degree programs authorized by the State Board of
178Education pursuant to s. 1007.33, and college-preparatory
179programs that produce revenues in the amount of 25 percent of
180the full prior year's cost of these programs. Fees for courses
181in college-preparatory programs and associate in arts and
182associate in science degree programs may be established at the
183same level. In the absence of a provision to the contrary in an
184appropriations act, the fee schedule shall take effect and the
185colleges shall expend the funds on instruction. If the
186Legislature provides for an alternative fee schedule in an
187appropriations act, the fee schedule shall take effect the
188subsequent fall semester.
189     (4)  Each community college board of trustees shall
190establish tuition and out-of-state fees, which may vary no more
191than 10 percent below and 15 percent above the combined total of
192the fee schedule adopted by the State Board of Education and the
193technology fee adopted by a board of trustees, provided that any
194amount from 10 to 15 percent above the fee schedule is used only
195to support safety and security purposes. In order to assess an
196additional amount for safety and security purposes, a community
197college board of trustees must provide written justification to
198the State Board of Education based on criteria approved by the
199board of trustees, including, but not limited to, criteria such
200as local crime data and information, and strategies for the
201implementation of local safety plans. Should a college decide to
202increase the tuition fee, the funds raised by increasing the
203tuition fee must be expended solely for additional safety and
204security purposes and shall not supplant funding expended in the
2051998-1999 budget for safety and security purposes. The
206provisions of this subsection apply only to fees charged for
207college credit instruction leading to an associate in arts
208degree, an associate in applied science degree, or an associate
209in science degree and noncollege credit college-preparatory
210courses defined in s. 1004.02.
211     (11)(a)  Each community college board of trustees may
212establish a separate fee for capital improvements, technology
213enhancements, or equipping student buildings which may not
214exceed 10 percent of tuition for resident students or 10 percent
215of the sum of tuition and out-of-state fees for nonresident
216students. The fee for resident students shall be limited to an
217increase of $2 per credit hour over the prior year $1 per credit
218hour or credit-hour equivalent for residents and which equals or
219exceeds $3 per credit hour for nonresidents. Funds collected by
220community colleges through these fees may be bonded only as
221provided in this subsection for the purpose of financing or
222refinancing new construction and equipment, renovation, or
223remodeling of educational facilities. The fee shall be collected
224as a component part of the tuition and fees, paid into a
225separate account, and expended only to construct and equip,
226maintain, improve, or enhance the educational facilities of the
227community college. Projects funded through the use of the
228capital improvement fee shall meet the survey and construction
229requirements of chapter 1013. Pursuant to s. 216.0158, each
230community college shall identify each project, including
231maintenance projects, proposed to be funded in whole or in part
232by such fee.
233     (b)  Capital improvement fee revenues may be pledged by a
234board of trustees as a dedicated revenue source to the repayment
235of debt, including lease-purchase agreements with an overall
236term, including renewals, extensions, and refundings, of not
237more than 7 years, and revenue bonds, with a term not to exceed
23820 annual maturities years, and not to exceed the useful life of
239the asset being financed, only for the financing or refinancing
240of new construction and equipment, renovation, or remodeling of
241educational facilities. Community colleges may use the services
242of the Division of Bond Finance of the State Board of
243Administration to issue any Bonds authorized through the
244provisions of this subsection shall be. Any such bonds issued by
245the Division of Bond Finance, upon the request of the community
246college board of trustees, shall be in compliance with the
247provisions of s. 11(d), Art.VII of the State Constitution and
248the State Bond Act. The Division of Bond Finance may pledge fees
249collected by one or more community colleges to secure such
250bonds. Any project included in the approved educational plant
251survey pursuant to chapter 1013 is approved pursuant to the
252provisions of s. 11(d), Art.VII of the State Constitution.
253     (c)  The state does hereby covenant with the holders of the
254bonds issued pursuant to this subsection that it will not take
255any action that will materially and adversely affect the rights
256of such holders so long as the bonds authorized by this
257subsection are outstanding.
258     (d)  Any validation of the bonds shall be Bonds issued
259pursuant to the State Bond Act shall be validated in the manner
260provided by chapter 75. Only the initial series of bonds is
261required to be validated. The complaint for such validation
262shall be filed in the circuit court of the county where the seat
263of state government is situated, the notice required to be
264published by s. 75.06 shall be published only in the county
265where the complaint is filed, and the complaint and order of the
266circuit court shall be served only on the state attorney of the
267circuit in which the action is pending.
268     (e)  A maximum of 15 percent cents per credit hour may be
269allocated from the capital improvement fee for child care
270centers conducted by the community college. The use of capital
271improvement fees for such purpose shall be subordinate to the
272payment of any bonds secured by the fees.
273     Section 7.  Section 1011.83, Florida Statutes, is amended
274to read:
275     1011.83  Financial support of community colleges.--
276     (1)  Each community college that has been approved by the
277Department of Education and meets the requirements of law and
278rules of the State Board of Education shall participate in the
279Community College Program Fund. However, funds to support
280workforce development programs conducted by community colleges
281shall be provided by the Workforce Development Education Fund
282pursuant to s. 1011.80.
283     (2)  Funds specifically appropriated by the Legislature for
284baccalaureate degree programs approved pursuant to s. 1007.33
285may be used only for such programs. A new baccalaureate program
286may not accept students without a recurring legislative
287appropriation for this purpose.
288     (3)  Community colleges that grant baccalaureate degrees
289shall maintain reporting and funding distinctions between any
290baccalaureate degree program approved pursuant to s. 1007.33 and
291other baccalaureate degree programs involving traditional
292concurrent-use partnerships.
293     Section 8.  Section 1012.82, Florida Statutes, is amended
294to read:
295     1012.82  Teaching faculty; minimum teaching hours per
296week.--Each full-time member of the teaching faculty at any
297community college, including faculty who teach upper-division
298courses that are a component part of a baccalaureate degree
299program approved pursuant to s. 1007.33, who is paid wholly from
300funds appropriated from the community college program fund shall
301teach a minimum of 15 classroom contact hours per week at such
302institution. However, the required classroom contact hours per
303week may be reduced upon approval of the president of the
304institution in direct proportion to specific duties and
305responsibilities assigned the faculty member by his or her
306departmental chair or other appropriate college administrator.
307Such specific duties may include specific research duties,
308specific duties associated with developing television, video
309tape, or other specifically assigned innovative teaching
310techniques or devices, or assigned responsibility for off-campus
311student internship or work-study programs. A "classroom contact
312hour" consists of a regularly scheduled classroom activity of
313not less than 50 minutes in a course of instruction which has
314been approved by the community college board of trustees. Any
315full-time faculty member who is paid partly from community
316college program funds and partly from other funds or
317appropriations shall teach a minimum number of classroom contact
318hours per week in such proportion to 15 classroom contact hours
319as his or her salary paid from community college program funds
320bears to his or her total salary.
321     Section 9.  Subsection (2) of section 1013.60, Florida
322Statutes, is amended to read:
323     1013.60  Legislative capital outlay budget request.--
324     (2)  The commissioner shall submit to the Governor and to
325the Legislature an integrated, comprehensive budget request for
326educational facilities construction and fixed capital outlay
327needs for school districts, community colleges, and
328universities, pursuant to the provisions of s. 1013.64 and
329applicable provisions of chapter 216. Each community college
330board of trustees and each university board of trustees shall
331submit to the commissioner a 3-year plan and data required in
332the development of the annual capital outlay budget. Community
333college boards of trustees may request funding for all
334authorized programs, including approved baccalaureate degree
335programs. Enrollment in approved baccalaureate degree programs
336shall be computed into the survey of need for facilities. No
337further disbursements shall be made from the Public Education
338Capital Outlay and Debt Service Trust Fund to a board of
339trustees that fails to timely submit the required data until
340such board of trustees submits the data.
341     Section 10.  Paragraph (g) of subsection (5) of section
342288.8175, Florida Statutes, is amended to read:
343     288.8175  Linkage institutes between postsecondary
344institutions in this state and foreign countries.--
345     (5)  The institutes are:
346     (g)  Florida-France Institute (New College of the
347University of South Florida, Miami Dade Miami-Dade Community
348College, and Florida State University).
349     Section 11.  Paragraph (a) of subsection (2) of section
3501002.35, Florida Statutes, is amended to read:
351     1002.35  New World School of the Arts.--
352     (2)(a)  For purposes of governance, the New World School of
353the Arts is assigned to Miami Dade Miami-Dade Community College,
354the Dade County School District, and one or more universities
355designated by the State Board of Education. The State Board of
356Education shall assign to the New World School of the Arts a
357university partner or partners. In this selection, the State
358Board of Education shall consider the accreditation status of
359the core programs. Florida International University, in its
360capacity as the provider of university services to Dade County,
361shall be a partner to serve the New World School of the Arts,
362upon meeting the accreditation criteria. The respective boards
363shall appoint members to an executive board for administration
364of the school. The executive board may include community members
365and shall reflect proportionately the participating
366institutions. Miami Dade Miami-Dade Community College shall
367serve as fiscal agent for the school.
368     Section 12.  Subsection (2) of section 1004.76, Florida
369Statutes, is amended to read:
370     1004.76  Florida Martin Luther King, Jr., Institute for
371Nonviolence.--
372     (2)  There is hereby created the Florida Martin Luther
373King, Jr., Institute for Nonviolence to be established at Miami
374Dade Miami-Dade Community College. The institute shall have an
375advisory board consisting of 13 members as follows: the Attorney
376General, the Commissioner of Education, and 11 members to be
377appointed by the Governor, such members to represent the
378population of the state based on its ethnic, gender, and
379socioeconomic diversity. Of the members appointed by the
380Governor, one shall be a member of the Senate appointed by the
381Governor on the recommendation of the President of the Senate;
382one shall be a member of the Senate appointed by the Governor on
383the recommendation of the minority leader; one shall be a member
384of the House of Representatives appointed by the Governor on the
385recommendation of the Speaker of the House of Representatives;
386one shall be a member of the House of Representatives appointed
387by the Governor on the recommendation of the minority leader;
388and seven shall be members appointed by the Governor, no more
389than three of whom shall be members of the same political party.
390The following groups shall be represented by the seven members:
391the Florida Sheriffs Association; the Florida Association of
392Counties; the Florida League of Cities; state universities human
393services agencies; community relations or human relations
394councils; and youth. A chairperson shall be elected by the
395members and shall serve for a term of 3 years. Members of the
396board shall serve the following terms of office which shall be
397staggered:
398     (a)  A member of the Legislature appointed to the board
399shall serve for a single term not to exceed 5 years and shall
400serve as a member only while he or she is a member of the
401Legislature.
402     (b)  Of the seven members who are not members of the
403Legislature, three shall serve for terms of 4 years, two shall
404serve for terms of 3 years, and one shall serve for a term of 1
405year. Thereafter, each member, except for a member appointed to
406fill an unexpired term, shall serve for a 5-year term. No member
407shall serve on the board for more than 10 years.
408
409In the event of a vacancy occurring in the office of a member of
410the board by death, resignation, or otherwise, the Governor
411shall appoint a successor to serve for the balance of the
412unexpired term.
413     Section 13.  This act shall take effect upon becoming a
414law.
415
416
417
418================= T I T L E  A M E N D M E N T =================
419     Remove the entire title and insert:
420
A bill to be entitled
421An act relating to postsecondary education; amending s.
4221000.21, F.S.; redesignating specified community colleges;
423amending s. 1001.02, F.S.; requiring State Board of
424Education rules that address baccalaureate degree programs
425at community colleges; amending s. 1004.65, F.S.; adding
426references to community colleges approved by the State
427Board of Education to offer baccalaureate programs;
428requiring such institutions to maintain their primary
429mission; prohibiting the termination of associate
430programs; prohibiting a community college from offering
431graduate programs; amending s. 1004.68, F.S.; revising
432provisions relating to the awarding of degrees, diplomas,
433and certificates by community colleges approved to offer
434baccalaureate degree programs; amending s. 1007.33, F.S.,
435revising requirements for a proposal by a community
436college to deliver a baccalaureate degree program;
437requiring the State Board of Education to make community
438college proposals available for review and comment by
439other postsecondary educational institutions; eliminating
440requirement for review and comment by the Council for
441Education Policy Research and Improvement; authorizing
442State Board to approve, deny, or require revisions to
443proposals; specifying criteria for approval; requiring a
444joint letter of agreement to implement a proposed program;
445requiring periodic review of approved programs; providing
446for termination of certain approved programs; authorizing
447rulemaking; amending s. 1009.23, F.S.; providing
448requirements for tuition and fees in approved
449baccalaureate degree programs offered by community
450colleges; revising the amount of the fee for capital
451improvements, technology enhancements, or equipping
452student buildings; revising provisions relating to bonding
453of fee revenues; revising the allocation for certain
454childcare centers; amending s. 1011.83, F.S.; providing
455for funding of approved baccalaureate programs at
456community colleges; amending s. 1012.82, F.S.; revising
457provisions relating to minimum contact hours for community
458college faculty to include faculty who teach upper-
459division courses; amending s. 1013.60, F.S.; permitting
460community colleges to include all authorized programs in
461their legislative capital outlay budget request; requiring
462enrollment in approved baccalaureate degree programs to be
463computed into the survey of need for facilities; amending
464ss. 288.8175, 1002.35, and 1004.76, F.S.; conforming
465terminology; providing an effective date.


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