Senate Bill sb2388e1

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  1                      A bill to be entitled

  2         An act relating to baccalaureate degree

  3         programs at community colleges; amending s.

  4         1000.21, F.S.; redesignating specified

  5         community colleges to conform to changes made

  6         by the act; amending s. 1001.64, F.S.;

  7         providing requirements for the board of

  8         trustees of a community college authorized to

  9         grant baccalaureate degrees; authorizing the

10         establishment of tuition and out-of-state fees;

11         requiring that the board of trustees of each

12         community college adopt a policy ensuring that

13         faculty who teach upper-division courses that

14         are a component part of a baccalaureate program

15         adhere to specified classroom contact hours as

16         set forth in law; amending s. 1004.65, F.S.;

17         prohibiting a community college from

18         terminating associate degree programs as a

19         result of offering baccalaureate programs;

20         amending s. 1007.33, F.S.; revising

21         requirements for a proposal by a community

22         college to deliver a baccalaureate degree

23         program; requiring the State Board of Education

24         to assess proposals; requiring a joint letter

25         of agreement to implement a proposed program;

26         requiring the State Board of Education to adopt

27         policies and requirements concerning reporting

28         and performance accountability for

29         upper-division and lower-division programs;

30         prohibiting a community college from offering

31         graduate programs; amending s. 1009.23, F.S.;


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 1         providing requirements for upper-division

 2         tuition and fees; revising provisions relating

 3         to financial matters for community colleges;

 4         amending s. 1011.83, F.S.; providing for

 5         funding a community college authorized to grant

 6         baccalaureate degrees; amending s. 1013.60,

 7         F.S.; revising requirements for the legislative

 8         capital outlay budget request submitted by the

 9         Commissioner of Education; providing for

10         recommendations for the expenditure of funds

11         for facilities for baccalaureate degree

12         programs at community colleges; amending ss.

13         288.8175, 1002.35, and 1004.76, F.S.;

14         conforming terminology; providing an effective

15         date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Paragraphs (d), (o), and (q) of subsection

20  (3) of section 1000.21, Florida Statutes, are amended to read:

21         1000.21  Systemwide definitions.--As used in the

22  Florida K-20 Education Code:

23         (3)  "Community college," except as otherwise

24  specifically provided, includes the following institutions and

25  any branch campuses, centers, or other affiliates of the

26  institution:

27         (d)  Chipola Junior College.

28         (o)  Miami Dade Miami-Dade Community College.

29         (q)  Okaloosa-Walton Community College.

30         Section 2.  Subsections (1), (2), and (8) of section

31  1001.64, Florida Statutes, are amended to read:


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 1         1001.64  Community college boards of trustees; powers

 2  and duties.--

 3         (1)  The boards of trustees shall be responsible for

 4  cost-effective policy decisions appropriate to the community

 5  college's mission, the implementation and maintenance of

 6  high-quality education programs within law and rules of the

 7  State Board of Education, the measurement of performance, the

 8  reporting of information, and the provision of input regarding

 9  state policy, budgeting, and education standards. Community

10  colleges may grant baccalaureate degrees pursuant to s.

11  1007.33 and shall remain under the authority of the State

12  Board of Education for planning, coordination, oversight,

13  budget, and accountability responsibilities.

14         (2)  Each board of trustees is vested with the

15  responsibility to govern its respective community college and

16  with such necessary authority as is needed for the proper

17  operation and improvement thereof in accordance with rules of

18  the State Board of Education. This authority includes serving

19  as the governing board for purposes of granting baccalaureate

20  degrees as authorized pursuant to s. 1007.33 and approved by

21  the State Board of Education.

22         (8)  Each board of trustees has authority for policies

23  related to students, enrollment of students, student records,

24  student activities, financial assistance, and other student

25  services.

26         (a)  Each board of trustees shall govern admission of

27  students pursuant to s. 1007.263 and rules of the State Board

28  of Education. A board of trustees may establish additional

29  admissions criteria, which shall be included in the district

30  interinstitutional articulation agreement developed according

31  to s. 1007.235, to ensure student readiness for postsecondary


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 1  instruction. Each board of trustees may consider the past

 2  actions of any person applying for admission or enrollment and

 3  may deny admission or enrollment to an applicant because of

 4  misconduct if determined to be in the best interest of the

 5  community college.

 6         (b)  Each board of trustees shall adopt rules

 7  establishing student performance standards for the award of

 8  degrees and certificates pursuant to s. 1004.68. The board of

 9  trustees of a community college authorized to grant a

10  baccalaureate degree pursuant to s. 1007.33 may continue to

11  award degrees, diplomas, and certificates as authorized for

12  the college, and in the name of the college, until the college

13  receives any necessary changes to its accreditation.

14         (c)  Each board of trustees shall establish tuition and

15  out-of-state fees for approved baccalaureate degree programs,

16  consistent with law and proviso in the General Appropriations

17  Act. However, each board of trustees shall not increase

18  tuition and out-of-state fees as authorized in s. 1009.23(4).

19         (d)(c)  Boards of trustees are authorized to establish

20  intrainstitutional and interinstitutional programs to maximize

21  articulation pursuant to s. 1007.22.

22         (e)(d)  Boards of trustees shall identify their core

23  curricula, which shall include courses required by the State

24  Board of Education, pursuant to the provisions of s.

25  1007.25(6).

26         (f)(e)  Each board of trustees must adopt a written

27  antihazing policy, provide a program for the enforcement of

28  such rules, and adopt appropriate penalties for violations of

29  such rules pursuant to the provisions of s. 1006.63(1)-(3).

30         (g)(f)  Each board of trustees may establish a uniform

31  code of conduct and appropriate penalties for violation of its


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 1  rules by students and student organizations, including rules

 2  governing student academic honesty. Such penalties, unless

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

 4  of diplomas or transcripts pending compliance with rules or

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

 6  or dismissal.

 7         (h)(g)  Each board of trustees pursuant to s. 1006.53

 8  shall adopt a policy in accordance with rules of the State

 9  Board of Education that reasonably accommodates the religious

10  observance, practice, and belief of individual students in

11  regard to admissions, class attendance, and the scheduling of

12  examinations and work assignments.

13         (i)  Each board of trustees shall adopt a policy

14  ensuring that faculty who teach upper-division courses that

15  are a component part of a baccalaureate program must adhere to

16  the requirements of s. 1012.82.

17         Section 3.  Subsections (7) and (9) of section 1004.65,

18  Florida Statutes, are amended to read:

19         1004.65  Community colleges; definition, mission, and

20  responsibilities.--

21         (7)  A separate and secondary role for community

22  colleges includes:

23         (a)  Providing upper level instruction and awarding

24  baccalaureate degrees as specifically authorized by law.

25  Community colleges that are approved to offer baccalaureate

26  degree programs shall maintain the primary mission pursuant to

27  subsection (6) and may not terminate associate in arts or

28  associate in science degree programs as a result of the

29  authorization to offer baccalaureate degree programs.

30         (b)  The offering of programs in:

31  


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 1         1.  Community services that are not directly related to

 2  academic or occupational advancement.

 3         2.  Adult general education.

 4         3.  Recreational and leisure services.

 5         (9)  Community colleges are authorized to offer such

 6  programs and courses as are necessary to fulfill their mission

 7  and are authorized to grant associate in arts degrees,

 8  associate in science degrees, associate in applied science

 9  degrees, certificates, awards, and diplomas. Each community

10  college is also authorized to make provisions for the General

11  Educational Development test. Each community college may

12  provide access to and award baccalaureate degrees in

13  accordance with law.

14         Section 4.  Section 1007.33, Florida Statutes, is

15  amended to read:

16         1007.33  Site-determined baccalaureate degree access.--

17         (1)  The Legislature recognizes that public and private

18  postsecondary educational institutions play essential roles in

19  improving the quality of life and economic well-being of the

20  state and its residents. The Legislature also recognizes that

21  economic development needs and the educational needs of

22  place-bound, nontraditional students have increased the demand

23  for local access to baccalaureate degree programs. In some,

24  but not all, geographic regions, baccalaureate degree programs

25  are being delivered successfully at the local community

26  college through agreements between the community college and

27  4-year postsecondary institutions within or outside of the

28  state.  It is therefore the intent of the Legislature to

29  further expand access to baccalaureate degree programs through

30  the use of community colleges to provide programs that meet

31  critical workforce needs.


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 1         (2)  A community college may enter into a formal

 2  agreement pursuant to the provisions of s. 1007.22 for the

 3  delivery of specified baccalaureate degree programs.

 4         (3)  A community college may develop a proposal to

 5  deliver specified baccalaureate degree programs in its

 6  district to meet local workforce needs; expand access to

 7  postsecondary education particularly to diverse,

 8  nontraditional, and geographically bound students; enhance

 9  articulation particularly in program areas where articulation

10  is limited; or provide the means of obtaining a baccalaureate

11  degree in a manner that is most cost-efficient to the student

12  and the state. The proposal must be submitted to the State

13  Board of Education requesting a formal assessment by the

14  department and for approval, in accordance with timeframes and

15  guidelines adopted by the State Board of Education. The

16  community college's proposal must include a statement of

17  determination by the college that the following information:

18         (a)  Demand for the baccalaureate degree program is

19  identified by the workforce development board, local

20  businesses and industry, local chambers of commerce, and

21  potential students.

22         (b)  Unmet need for graduates of the proposed degree

23  program is substantiated.

24         (c)  The community college has the facilities and

25  academic resources to deliver the program.

26         (d)  Innovative and alternative options have been

27  considered, such as distance learning and university

28  partnerships, and found less cost-effective for the student,

29  the community, and the state.

30  

31  


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 1  The State Board of Education shall review the formal

 2  assessment and approve, deny, or require revisions to

 3  proposals, in accordance with timeframes and guidelines

 4  adopted by the State Board of Education. The State Board of

 5  Education may approve only those proposals that fully comply

 6  with the requirements of this subsection and s. 1004.03(2) and

 7  represent the most efficient and cost-effective manner to

 8  provide access to the degree. The proposal must be submitted

 9  to the Council for Education Policy Research and Improvement

10  for review and comment.

11         (4)  Upon approval of the State Board of Education for

12  the specific degree program or programs, the community college

13  shall pursue regional accreditation by the Commission on

14  Colleges of the Southern Association of Colleges and Schools.

15  Any additional baccalaureate degree programs the community

16  college wishes to offer must be approved by the State Board of

17  Education pursuant to the process outlined in this section.

18  Approved programs shall be implemented in accordance with

19  joint letters of agreement between the State Board of

20  Education and colleges approved by the State Board pursuant to

21  this section.

22         (5)  The State Board of Education shall adopt by rule

23  policies that address the baccalaureate degree programs at

24  community colleges approved pursuant to this section,

25  including reporting policies and performance accountability

26  requirements for both upper-division and lower-division

27  programs.

28         (6)(4)  A community college may not terminate its

29  associate in arts or associate in science degree programs as a

30  result of the authorization provided in subsection (3). The

31  Legislature intends that the primary mission of a community


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 1  college, including a community college that offers

 2  baccalaureate degree programs, continues to be the provision

 3  of associate degrees that provide access to a university.

 4         (7)  A community college may not offer graduate

 5  programs.

 6         (8)  The State Board of Education may adopt rules to

 7  administer this section.

 8         Section 5.  Subsections (1), (2), (3), and (11) of

 9  section 1009.23, Florida Statutes, are amended to read:

10         1009.23  Community college student fees.--

11         (1)  Unless otherwise provided, the provisions of this

12  section apply only to fees charged for college credit

13  instruction leading to an associate in arts degree, an

14  associate in applied science degree, or an associate in

15  science degree, or a baccalaureate degree authorized by the

16  State Board of Education pursuant to s. 1007.33, and for

17  noncollege credit college-preparatory courses defined in s.

18  1004.02.

19         (2)(a)  All students shall be charged fees except

20  students who are exempt from fees or students whose fees are

21  waived.

22         (b)  Tuition and out-of-state fees for upper-division

23  courses must reflect the fact that the college has a less

24  expensive cost structure than that of a state university.

25  Therefore, the board of trustees shall establish tuition and

26  out-of-state fees for upper-division courses consistent with

27  law and proviso in the General Appropriations Act. However,

28  the board of trustees shall not increase tuition and

29  out-of-state fees as authorized in subsection (4).

30         (3)  The State Board of Education shall adopt by

31  December 31 of each year a resident fee schedule for the


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 1  following fall for advanced and professional, associate in

 2  science degree, baccalaureate degree programs authorized by

 3  the State Board of Education pursuant to s. 1007.33, and

 4  college-preparatory programs that produce revenues in the

 5  amount of 25 percent of the full prior year's cost of these

 6  programs. Fees for courses in college-preparatory programs and

 7  associate in arts and associate in science degree programs may

 8  be established at the same level. In the absence of a

 9  provision to the contrary in an appropriations act, the fee

10  schedule shall take effect and the colleges shall expend the

11  funds on instruction.  If the Legislature provides for an

12  alternative fee schedule in an appropriations act, the fee

13  schedule shall take effect the subsequent fall semester.

14         (11)(a)  Each community college board of trustees may

15  establish a separate fee for capital improvements, technology

16  enhancements, or equipping student buildings which may not

17  exceed 10 percent of tuition for resident students or 10

18  percent of the sum of tuition and out-of-state fees for

19  nonresident students. The fee for resident students shall be

20  limited to an increase of $2 per credit hour over the prior

21  year. $1 per credit hour or credit-hour equivalent for

22  residents and which equals or exceeds $3 per credit hour for

23  nonresidents. Funds collected by community colleges through

24  these fees may be bonded only as provided in this subsection,

25  for the purpose of financing or refinancing new construction

26  and equipment, renovation, or remodeling of educational

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

28  the tuition and fees, paid into a separate account, and

29  expended only to construct and equip, maintain, improve, or

30  enhance the educational facilities of the community college.

31  Projects funded through the use of the capital improvement fee


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 1  shall meet the survey and construction requirements of chapter

 2  1013. Pursuant to s. 216.0158, each community college shall

 3  identify each project, including maintenance projects,

 4  proposed to be funded in whole or in part by such fee.

 5         (b)  Capital improvement fee revenues may be pledged by

 6  a board of trustees as a dedicated revenue source to the

 7  repayment of debt, including lease-purchase agreements with an

 8  overall term, including renewals, extensions, and refundings,

 9  of not more than 7 years and revenue bonds, with a term not to

10  exceed 20 annual maturities years, and not to exceed the

11  useful life of the asset being financed, only for the

12  financing or refinancing or new construction and equipment,

13  renovation, or remodeling of educational facilities. Community

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

15  of the State Board of Administration to issue any Bonds

16  authorized through the provisions of this subsection shall be.

17  Any such bonds issued by the Division of Bond Finance upon the

18  request of the community college board of trustees shall be in

19  compliance with the provisions of s. 11(d), Art. VII of the

20  State Constitution and the State Bond Act. The Division of

21  State Bond Finance may pledge fees collected by one or more

22  community colleges to secure such bonds. Any project included

23  in the approved educational plant survey pursuant to chapter

24  1013 is approved pursuant to s. 11(d), Art. VII of the State

25  Constitution.

26         (c)  The state does hereby covenant with the holders of

27  the bonds issued under this subsection that it will not take

28  any action that will materially and adversely affect the

29  rights of such holders so long as the bonds authorized by this

30  subsection are outstanding.

31  


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 1         (d)  Any validation of the bonds Bonds issued pursuant

 2  to the State Bond Act shall be validated in the manner

 3  provided by chapter 75. Only the initial series of bonds is

 4  required to be validated. The complaint for such validation

 5  shall be filed in the circuit court of the county where the

 6  seat of state government is situated, the notice required to

 7  be published by s. 75.06 shall be published only in the county

 8  where the complaint is filed, and the complaint and order of

 9  the circuit court shall be served only on the state attorney

10  of the circuit in which the action is pending.

11         (e)  A maximum of 15 percent cents per credit hour may

12  be allocated from the capital improvement fee for child care

13  centers conducted by the community college. The use of capital

14  improvement fees for such purpose shall be subordinate to the

15  payment of any bonds secured by the fees.

16         Section 6.  Section 1011.83, Florida Statutes, is

17  amended to read:

18         1011.83  Financial support of community colleges.--

19         (1)  Each community college that has been approved by

20  the Department of Education and meets the requirements of law

21  and rules of the State Board of Education shall participate in

22  the Community College Program Fund. However, funds to support

23  workforce development programs conducted by community colleges

24  shall be provided by the Workforce Development Education Fund

25  pursuant to s. 1011.80. Community colleges shall fund the

26  nonrecurring costs related to the initiation of a new

27  baccalaureate degree program pursuant to s. 1007.33 without

28  new state appropriations, unless special grant funds are

29  designated by the State Board of Education, subject to funding

30  by the Legislature for this purpose. However, a new

31  baccalaureate program may not accept students without a


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 1  recurring legislative appropriation for this purpose.

 2  Recurring operational funding for a community college

 3  authorized to grant baccalaureate degrees pursuant to s.

 4  1007.33 shall be funded as follows:

 5         (a)  As a community college for its workforce

 6  development education programs and for its lower-division

 7  level college credit courses and programs funded in the

 8  community college program fund pursuant to this section.

 9         (b)  As a baccalaureate-degree-level institution for

10  its upper-division level courses and programs. State support

11  for these programs should not exceed 85 percent of the amount

12  of state support per full-time equivalent student in a

13  comparable state university program. Funds appropriated for

14  this purpose may be used only for the baccalaureate degree

15  programs.

16         (2)  Community colleges that grant baccalaureate

17  degrees shall maintain reporting and funding distinctions

18  between any baccalaureate degree program approved pursuant to

19  s. 1007.33 and other baccalaureate degree programs involving

20  traditional concurrent-use partnerships.

21         Section 7.  Subsection (2) of section 1013.60, Florida

22  Statutes, is amended to read:

23         1013.60  Legislative capital outlay budget request.--

24         (2)  The commissioner shall submit to the Governor and

25  to the Legislature an integrated, comprehensive budget request

26  for educational facilities construction and fixed capital

27  outlay needs for school districts, community colleges, and

28  universities, pursuant to the provisions of s. 1013.64 and

29  applicable provisions of chapter 216. Each community college

30  board of trustees and each university board of trustees shall

31  submit to the commissioner a 3-year plan and data required in


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 1  the development of the annual capital outlay budget. Community

 2  college boards of trustees may request funding for all

 3  authorized programs, including approved baccalaureate degree

 4  programs. Enrollment in approved baccalaureate degree programs

 5  shall be computed into the survey of need for facilities. No

 6  further disbursements shall be made from the Public Education

 7  Capital Outlay and Debt Service Trust Fund to a board of

 8  trustees that fails to timely submit the required data until

 9  such board of trustees submits the data.

10         Section 8.  Paragraph (g) of subsection (5) of section

11  288.8175, Florida Statutes, is amended to read:

12         288.8175  Linkage institutes between postsecondary

13  institutions in this state and foreign countries.--

14         (5)  The institutes are:

15         (g)  Florida-France Institute (New College of the

16  University of South Florida, Miami Dade Miami-Dade Community

17  College, and Florida State University).

18         Section 9.  Paragraph (a) of subsection (2) of section

19  1002.35, Florida Statutes, is amended to read:

20         1002.35  New World School of the Arts.--

21         (2)(a)  For purposes of governance, the New World

22  School of the Arts is assigned to Miami Dade Miami-Dade

23  Community College, the Dade County School District, and one or

24  more universities designated by the State Board of Education.

25  The State Board of Education shall assign to the New World

26  School of the Arts a university partner or partners. In this

27  selection, the State Board of Education shall consider the

28  accreditation status of the core programs. Florida

29  International University, in its capacity as the provider of

30  university services to Dade County, shall be a partner to

31  serve the New World School of the Arts, upon meeting the


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 1  accreditation criteria. The respective boards shall appoint

 2  members to an executive board for administration of the

 3  school. The executive board may include community members and

 4  shall reflect proportionately the participating institutions.

 5  Miami Dade Miami-Dade Community College shall serve as fiscal

 6  agent for the school.

 7         Section 10.  Subsection (2) of section 1004.76, Florida

 8  Statutes, is amended to read:

 9         1004.76  Florida Martin Luther King, Jr., Institute for

10  Nonviolence.--

11         (2)  There is hereby created the Florida Martin Luther

12  King, Jr., Institute for Nonviolence to be established at

13  Miami Dade Miami-Dade Community College. The institute shall

14  have an advisory board consisting of 13 members as follows:

15  the Attorney General, the Commissioner of Education, and 11

16  members to be appointed by the Governor, such members to

17  represent the population of the state based on its ethnic,

18  gender, and socioeconomic diversity. Of the members appointed

19  by the Governor, one shall be a member of the Senate appointed

20  by the Governor on the recommendation of the President of the

21  Senate; one shall be a member of the Senate appointed by the

22  Governor on the recommendation of the minority leader; one

23  shall be a member of the House of Representatives appointed by

24  the Governor on the recommendation of the Speaker of the House

25  of Representatives; one shall be a member of the House of

26  Representatives appointed by the Governor on the

27  recommendation of the minority leader; and seven shall be

28  members appointed by the Governor, no more than three of whom

29  shall be members of the same political party. The following

30  groups shall be represented by the seven members: the Florida

31  Sheriffs Association; the Florida Association of Counties; the


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 1  Florida League of Cities; state universities human services

 2  agencies; community relations or human relations councils; and

 3  youth. A chairperson shall be elected by the members and shall

 4  serve for a term of 3 years. Members of the board shall serve

 5  the following terms of office which shall be staggered:

 6         (a)  A member of the Legislature appointed to the board

 7  shall serve for a single term not to exceed 5 years and shall

 8  serve as a member only while he or she is a member of the

 9  Legislature.

10         (b)  Of the seven members who are not members of the

11  Legislature, three shall serve for terms of 4 years, two shall

12  serve for terms of 3 years, and one shall serve for a term of

13  1 year. Thereafter, each member, except for a member appointed

14  to fill an unexpired term, shall serve for a 5-year term. No

15  member shall serve on the board for more than 10 years.

16  

17  In the event of a vacancy occurring in the office of a member

18  of the board by death, resignation, or otherwise, the Governor

19  shall appoint a successor to serve for the balance of the

20  unexpired term.

21         Section 11.  This act shall take effect July 1, 2004.

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