Bill Text: HB 0303

HB 0303

2004

A bill to be entitled

An act relating to access to postsecondary education;

amending s. 1000.21, F.S.; revising the names of certain

community colleges; amending s. 1007.33, F.S., relating to

site-determined baccalaureate degree access; providing

intent; providing the process for community college

submission of proposals to deliver baccalaureate degree

programs and the approval of such proposals; providing

mission and policies of community colleges, including

those approved to grant baccalaureate degrees; providing

for the reporting of students and the establishment of

tuition and fees for approved baccalaureate degree

programs; providing responsibilities of community college

boards of trustees; providing requirements relating to

employees; providing for facility standards, funding, and

acquisition; providing requirements relating to state

funding; specifying colleges authorized to grant

baccalaureate degrees; authorizing rulemaking; amending

ss. 288.8175, 1002.35, and 1004.76, F.S.; conforming

provisions; providing an effective date.

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

Section 1. Paragraphs (d), (o), and (q) of subsection (3)

of section 1000.21, Florida Statutes, are amended to read:

1000.21 Systemwide definitions.--As used in the Florida K-

20 Education Code:

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

provided, includes the following institutions and any branch

campuses, centers, or other affiliates of the institution:

(d) Chipola ~~Junior~~College.

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

(q) Okaloosa-Walton ~~Community~~College.

Section 2. Section 1007.33, Florida Statutes, is amended

to read:

1007.33 Site-determined baccalaureate degree access.--

(1) INTENT.--

(a)The Legislature recognizes that public and private

postsecondary educational institutions play essential roles in

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

state and its residents. The Legislature also recognizes that

economic development needs and the educational needs of place-

bound, nontraditional students have increased the demand for

local access to baccalaureate degree programs. In some, but not

all, geographic regions, baccalaureate degree programs are being

delivered successfully at the local community college through

agreements between the community college and 4-year

postsecondary institutions within or outside of the state. It is

therefore the intent of the Legislature to further expand access

to baccalaureate degree programs through the use of community

colleges.

(b) The Legislature further intends support for the

following priorities:

1. Expand access to postsecondary education, particularly

to serve diverse and nontraditional students and students for

whom postsecondary education is not geographically accessible.

2. Support programs that meet critical workforce needs.

3. Encourage innovative alternatives to traditional

baccalaureate degree programs or programs that no longer meet

community needs.

4. Evaluate and authorize program options based on cost

efficiency and effectiveness measures through partnerships with

state or private universities and consideration of state and

student costs associated with comparable baccalaureate degree

programs at community colleges.

(2) AUTHORITY.--

(a)A community college may enter into a formal agreement

pursuant to the provisions of s. 1007.22 for the delivery of

specified baccalaureate degree programs.

(b)~~(3)~~A community college may develop a proposal to

deliver specified baccalaureate degree programs in its district

to meet local workforce needs. The proposal must be submitted to

the State Board of Education for approval. The community

college's proposal must include the following information:

1.~~(a)~~ Demonstrateddemand for the baccalaureate degree

program is identified by the workforce development board, local

businesses and industry, local chambers of commerce, and

potential students.

2.~~(b)~~Unmet need for graduates of the proposed degree

program is substantiated.

3.~~(c)~~ Demonstrated evidence thatthe community college has

the facilities and academic resources to deliver the program.

(3) PROCESS.--

(a) Community colleges must submit proposals to the

Council for Education Policy Research and Improvement and the

State Board of Education in accordance with timelines and

guidelines adopted by the State Board of Education.

(b)The proposal must be submitted to the Council for

Education Policy Research and Improvement for review and

comment.

recommend revisions to proposals.Upon approval of the State

Board of Education for the specific degree program or programs,

the community college shall pursue regional accreditation by the

Commission on Colleges of the Southern Association of Colleges

and Schools. Any additional baccalaureate degree programs the

community college wishes to offer must be approved by the State

Board of Education.

(d) Implementation of approved programs shall be in

100

accordance with joint letters of agreement between the State

101

Board of Education and colleges approved by the state board

102

pursuant to this section.

103

(4) MISSION; POLICIES.--

104

(a) The intent of the Legislature is that community

105

colleges, including those approved to grant baccalaureate

106

degrees pursuant to this section, shall maintain their mission

107

specified in s. 1004.65, including primary mission

108

responsibilities and the secondary role of providing upper-level

109

instruction and awarding baccalaureate degrees as specifically

110

authorized by s. 1004.65(7).

111

1. The primary mission of a community college is to

112

provide high-quality undergraduate education at an affordable

113

price for students and the state. The purpose is to promote

114

economic development by preparing people for occupations that

115

require a baccalaureate degree and are in demand by existing or

116

emerging public and private employers in this state. The

117

Legislature intends that the primary mission of a community

118

college, including a community college that offers baccalaureate

119

degree programs, continues to be the provision of associate

120

degrees that provide access to a university.

121

2. A community college shall maintain the mission and

122

policies of a Florida community college, including the open-door

123

admissions policy for adult education, workforce, and lower-

124

division college credit programs, and the authority to offer all

125

programs consistent with a community college's authority.

126

3.A community college may not terminate its associate in

127

arts or associate in science degree programs as a result of the

128

authorization provided in this section ~~subsection (3). The~~

129

~~Legislature intends that the primary mission of a community~~

130

~~college, including a community college that offers baccalaureate~~

131

~~degree programs, continues to be the provision of associate~~

132

~~degrees that provide access to a university~~.

133

(b) A community college approved to grant a baccalaureate

134

degree pursuant to this section shall maintain the distinction

135

between the college and its university partnerships. The

136

community college is limited to community college programs and

137

to selected baccalaureate degree level programs that meet

138

community needs and are authorized as provided by this section.

139

A joint or concurrent-use partnership may make available more

140

diverse program offerings, but those programs are offered by a

141

participating college or university and are not to be classified

142

or funded as programs of the baccalaureate degree granting

143

community college.

144

145

a baccalaureate degree granting community college must be in

146

accordance with rules and policies of the State Board of

147

Education, including all academic and reporting policies.

148

(d) Performance accountability requirements for both

149

upper-division and lower-division programs shall be in

150

accordance with State Board of Education policy, with upper-

151

division responsibilities aligned with state university

152

accountability requirements.

153

(5) STUDENTS; FEES.--

154

(a) Community colleges authorized to grant baccalaureate

155

degrees pursuant to this section shall maintain separate records

156

for students who are enrolled in courses classified in the upper

157

division and lower division of a baccalaureate degree program,

158

according to the statewide course numbering system. A student

159

shall be reported as a community college student for enrollment

160

in a lower-division course and as a baccalaureate degree program

161

student for enrollment in an upper-division course.

162

(b) Each community college board of trustees shall

163

establish tuition and out-of-state fees for approved

164

baccalaureate degree programs.

165

1. Tuition and out-of-state fees for certificate level

166

courses or lower-division level college credit courses must be

167

within the range authorized in law and rule for a community

168

college student at that level.

169

2. Tuition and out-of-state fees for upper-division

170

students must reflect the fact that the college has a less

171

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 students within a range

174

between fees for lower-division credit courses and 85 percent of

175

the local state university tuition and out-of-state fees.

176

177

is part of a baccalaureate degree program shall be established

178

by a community college board of trustees as provided in s.

179

1009.23.

180

(d) Students in workforce development education courses

181

maintain the authorized fee exemptions described in s. 1009.25

182

and may be exempt from local fees imposed by the board of

183

trustees, at the board's discretion.

184

(6) BOARDS.--

185

(a) The board of trustees of the sponsoring community

186

college serves as the college's governing board. The Governor

187

shall appoint members as provided in s. 1001.61, and the board

188

has the duties and authorities granted in ss. 1001.63 and

189

1001.64 and by rules of the State Board of Education.

190

(b) Community colleges authorized to grant baccalaureate

191

degrees pursuant to this section shall remain under the

192

authority of the State Board of Education for planning,

193

coordination, oversight, budget, and accountability

194

responsibilities.

195

196

organizations for baccalaureate degree programs as authorized in

197

ss. 1004.28 and 1004.70.

198

(d) The board of trustees of a community college

199

authorized to grant a baccalaureate degree may continue to award

200

degrees, diplomas, and certificates as authorized for the

201

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

202

receives its accreditation.

203

(7) EMPLOYEES.--

204

(a) Employment at community colleges approved to grant

205

baccalaureate degrees is governed by the same laws that govern

206

community colleges.

207

(b) Employee records for all personnel shall be maintained

208

as required by s. 1012.81.

209

(8) FACILITIES.--

210

(a) Sections 1013.39 and 1013.82 apply to community

211

colleges approved to grant baccalaureate degrees pursuant to

212

this section.

213

(b) Community colleges approved to grant baccalaureate

214

degrees may request funding from the Public Education Capital

215

Outlay and Debt Service Trust Fund for all authorized programs,

216

including approved baccalaureate degree programs. Enrollment in

217

approved baccalaureate degree programs shall be computed in the

218

survey of need for facilities.

219

220

colleges, the board of county commissioners of those respective

221

counties, and all other governmental entities are authorized to

222

cooperate with the board of trustees of the approved college in

223

establishing the institution. The acquisition and donation of

224

lands, buildings, and equipment for the use of the approved

225

college are authorized as a public purpose. The board of county

226

commissioners of the respective counties and all municipalities

227

in those counties may exercise the power of eminent domain to

228

acquire lands, buildings, and equipment for the use of the

229

approved college, regardless of whether such lands, buildings,

230

and equipment are located in a community redevelopment area.

231

(9) STATE FUNDING.--

232

(a) Community colleges shall fund the nonrecurring costs

233

related to the initiation of a new baccalaureate degree program

234

without new state appropriations unless special grant funds are

235

designated by the State Board of Education, subject to funding

236

by the Legislature for this purpose.

237

(b) Recurring operational funding for a community college

238

authorized to grant baccalaureate degrees pursuant to this

239

section shall be funded as follows:

240

1. As a community college for its workforce development

241

education programs and for its lower-division level college

242

credit courses and programs funded in the community college

243

program fund.

244

2. As a baccalaureate degree level institution for its

245

upper-division level courses and programs. State support for

246

these programs should fund enrollment growth, comparable to how

247

enrollment growth at state universities is considered, with not

248

more than 85 percent of the amount per full-time equivalent

249

student in a comparable state university program provided to

250

community colleges that grant baccalaureate degrees, as

251

recommended by the State Board of Education. Funds appropriated

252

for this purpose are restricted to use for the baccalaureate

253

degree programs only.

254

255

community college shall be requested by the State Board of

256

Education as a separate line item outside the community college

257

and state university budgets.

258

(d) Baccalaureate degree granting community colleges shall

259

maintain reporting and funding distinctions between any

260

baccalaureate degree program approved pursuant to this section

261

and other baccalaureate degree programs involving traditional

262

concurrent-use partnerships.

263

(e) Students enrolled in approved baccalaureate degree

264

programs at community colleges are eligible for financial aid as

265

upper-division students.

266

(10) COLLEGES AND DEGREES.--In addition to the

267

certificates, diplomas, and degrees authorized in s. 1004.65,

268

the following community colleges are approved to grant

269

baccalaureate degrees for only the degree programs approved by

270

the State Board of Education in accordance with the provisions

271

of this section:

272

(a) Chipola College.

273

(b) Miami-Dade College.

274

275

(11) RULES.--The State Board of Education is authorized to

276

adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to

277

implement the provisions of this section.

278

Section 3. Paragraph (g) of subsection (5) of section

279

288.8175, Florida Statutes, is amended to read:

280

288.8175 Linkage institutes between postsecondary

281

institutions in this state and foreign countries.--

282

(5) The institutes are:

283

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

284

University of South Florida, Miami-Dade ~~Community~~College, and

285

Florida State University).

286

Section 4. Paragraph (a) of subsection (2) of section

287

1002.35, Florida Statutes, is amended to read:

288

1002.35 New World School of the Arts.--

289

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

290

the Arts is assigned to Miami-Dade ~~Community~~College, the Dade

291

County School District, and one or more universities designated

292

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

293

shall assign to the New World School of the Arts a university

294

partner or partners. In this selection, the State Board of

295

Education shall consider the accreditation status of the core

296

programs. Florida International University, in its capacity as

297

the provider of university services to Dade County, shall be a

298

partner to serve the New World School of the Arts, upon meeting

299

the accreditation criteria. The respective boards shall appoint

300

members to an executive board for administration of the school.

301

The executive board may include community members and shall

302

reflect proportionately the participating institutions. Miami-

303

Dade ~~Community~~College shall serve as fiscal agent for the

304

school.

305

Section 5. Subsection (2) of section 1004.76, Florida

306

Statutes, is amended to read:

307

1004.76 Florida Martin Luther King, Jr., Institute for

308

Nonviolence.--

309

(2) There is hereby created the Florida Martin Luther

310

King, Jr., Institute for Nonviolence to be established at Miami-

311

Dade ~~Community~~College. The institute shall have an advisory

312

board consisting of 13 members as follows: the Attorney General,

313

the Commissioner of Education, and 11 members to be appointed by

314

the Governor, such members to represent the population of the

315

state based on its ethnic, gender, and socioeconomic diversity.

316

Of the members appointed by the Governor, one shall be a member

317

of the Senate appointed by the Governor on the recommendation of

318

the President of the Senate; one shall be a member of the Senate

319

appointed by the Governor on the recommendation of the minority

320

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

321

appointed by the Governor on the recommendation of the Speaker

322

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

323

House of Representatives appointed by the Governor on the

324

recommendation of the minority leader; and seven shall be

325

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

326

shall be members of the same political party. The following

327

groups shall be represented by the seven members: the Florida

328

Sheriffs Association; the Florida Association of Counties; the

329

Florida League of Cities; state universities human services

330

agencies; community relations or human relations councils; and

331

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

332

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

333

the following terms of office which shall be staggered:

334

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

335

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

336

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

337

Legislature.

338

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

339

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

340

serve for terms of 3 years, and one shall serve for a term of 1

341

year. Thereafter, each member, except for a member appointed to

342

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

343

shall serve on the board for more than 10 years.

344

345

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

346

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

347

shall appoint a successor to serve for the balance of the

348

unexpired term.

349

Section 6. This act shall take effect July 1, 2004.