1 | A bill to be entitled |
2 | An act relating to postsecondary education; amending s. |
3 | 1001.64, F.S.; providing authority and requirements for |
4 | community colleges and the boards of trustees of community |
5 | colleges authorized to grant baccalaureate degrees; |
6 | providing for the establishment of tuition and out-of- |
7 | state fees for baccalaureate degree programs; requiring |
8 | the adoption of a policy relating to faculty adherence to |
9 | a specified classroom contact-hour requirement; amending |
10 | s. 1004.65, F.S.; prohibiting community colleges from |
11 | terminating associate degree programs as a result of |
12 | offering baccalaureate degree programs; amending s. |
13 | 1007.33, F.S.; revising requirements for a proposal by a |
14 | community college to deliver a baccalaureate degree |
15 | program; requiring the Department of Education to assess |
16 | proposals and the State Board of Education to approve |
17 | proposals; requiring a joint letter of agreement to |
18 | implement an approved program; requiring the State Board |
19 | of Education to adopt policies and requirements concerning |
20 | reporting and performance accountability for upper- |
21 | division and lower-division programs; prohibiting a |
22 | community college from offering graduate programs; |
23 | authorizing rulemaking; amending s. 1009.23, F.S.; |
24 | providing requirements for upper-division tuition and |
25 | fees; revising the amount of the fee for capital |
26 | improvements, technology enhancements, or equipping |
27 | student buildings; requiring use of certain services for |
28 | issuance of bonds; revising the allocation for certain |
29 | child care centers; amending s. 1011.83, F.S.; providing |
30 | for funding a community college authorized to grant |
31 | baccalaureate degrees; specifying requirements for |
32 | recurring operational funding; requiring reporting and |
33 | funding distinctions between certain programs; amending s. |
34 | 1013.60, F.S.; revising requirements for the legislative |
35 | capital outlay budget request submitted by the |
36 | Commissioner of Education; providing for requests for |
37 | funding and recommendations for the expenditure of funds |
38 | for facilities for baccalaureate degree programs at |
39 | community colleges; amending ss. 288.8175, 1002.35, and |
40 | 1004.76, F.S.; updating terminology; providing an |
41 | effective date. |
42 |
|
43 | Be It Enacted by the Legislature of the State of Florida: |
44 |
|
45 | Section 1. Subsections (1), (2), and (8) of section |
46 | 1001.64, Florida Statutes, are amended to read: |
47 | 1001.64 Community college boards of trustees; powers and |
48 | duties.-- |
49 | (1) The boards of trustees shall be responsible for |
50 | cost-effective policy decisions appropriate to the community |
51 | college's mission, the implementation and maintenance of |
52 | high-quality education programs within law and rules of the |
53 | State Board of Education, the measurement of performance, the |
54 | reporting of information, and the provision of input regarding |
55 | state policy, budgeting, and education standards. Community |
56 | colleges may grant baccalaureate degrees pursuant to s. 1007.33 |
57 | and shall remain under the authority of the State Board of |
58 | Education in accordance with current statutory provisions |
59 | relating to community colleges as defined in s. 1000.21. |
60 | (2) Each board of trustees is vested with the |
61 | responsibility to govern its respective community college and |
62 | with such necessary authority as is needed for the proper |
63 | operation and improvement thereof in accordance with rules of |
64 | the State Board of Education. This authority includes serving as |
65 | the governing board for purposes of granting baccalaureate |
66 | degrees as authorized pursuant to s. 1007.33 and approved by the |
67 | State Board of Education. |
68 | (8) Each board of trustees has authority for policies |
69 | related to students, enrollment of students, student records, |
70 | student activities, financial assistance, and other student |
71 | services. |
72 | (a) Each board of trustees shall govern admission of |
73 | students pursuant to s. 1007.263 and rules of the State Board of |
74 | Education. A board of trustees may establish additional |
75 | admissions criteria, which shall be included in the district |
76 | interinstitutional articulation agreement developed according to |
77 | s. 1007.235, to ensure student readiness for postsecondary |
78 | instruction. Each board of trustees may consider the past |
79 | actions of any person applying for admission or enrollment and |
80 | may deny admission or enrollment to an applicant because of |
81 | misconduct if determined to be in the best interest of the |
82 | community college. |
83 | (b) Each board of trustees shall adopt rules establishing |
84 | student performance standards for the award of degrees and |
85 | certificates pursuant to s. 1004.68. The board of trustees of a |
86 | community college authorized to grant a baccalaureate degree |
87 | pursuant to s. 1007.33 may continue to award degrees, diplomas, |
88 | and certificates as authorized for the college, and in the name |
89 | of the college, until the college receives any necessary changes |
90 | to its accreditation. |
91 | (c) Each board of trustees shall establish tuition and |
92 | out-of-state fees for approved baccalaureate degree programs, |
93 | consistent with law and proviso in the General Appropriations |
94 | Act. |
95 | (d)(c) Boards of trustees are authorized to establish |
96 | intrainstitutional and interinstitutional programs to maximize |
97 | articulation pursuant to s. 1007.22. |
98 | (e)(d) Boards of trustees shall identify their core |
99 | curricula, which shall include courses required by the State |
100 | Board of Education, pursuant to the provisions of s. 1007.25(6). |
101 | (f)(e) Each board of trustees must adopt a written |
102 | antihazing policy, provide a program for the enforcement of such |
103 | rules, and adopt appropriate penalties for violations of such |
104 | rules pursuant to the provisions of s. 1006.63(1)-(3). |
105 | (g)(f) Each board of trustees may establish a uniform code |
106 | of conduct and appropriate penalties for violation of its rules |
107 | by students and student organizations, including rules governing |
108 | student academic honesty. Such penalties, unless otherwise |
109 | provided by law, may include fines, the withholding of diplomas |
110 | or transcripts pending compliance with rules or payment of |
111 | fines, and the imposition of probation, suspension, or |
112 | dismissal. |
113 | (h)(g) Each board of trustees pursuant to s. 1006.53 shall |
114 | adopt a policy in accordance with rules of the State Board of |
115 | Education that reasonably accommodates the religious observance, |
116 | practice, and belief of individual students in regard to |
117 | admissions, class attendance, and the scheduling of examinations |
118 | and work assignments. |
119 | (i) Each board of trustees shall adopt a policy ensuring |
120 | that faculty who teach upper-division courses that are a |
121 | component part of a baccalaureate degree program must adhere to |
122 | the requirements of s. 1012.82. |
123 | Section 2. Paragraph (a) of subsection (7) and subsection |
124 | (9) of section 1004.65, Florida Statutes, are amended to read: |
125 | 1004.65 Community colleges; definition, mission, and |
126 | responsibilities.-- |
127 | (7) A separate and secondary role for community colleges |
128 | includes: |
129 | (a) Providing upper level instruction and awarding |
130 | baccalaureate degrees as specifically authorized by law. |
131 | Community colleges that are approved to offer baccalaureate |
132 | degree programs shall maintain the primary mission pursuant to |
133 | subsection (6) and may not terminate associate in arts or |
134 | associate in science degree programs as a result of the |
135 | authorization to offer baccalaureate degree programs. |
136 | (9) Community colleges are authorized to offer such |
137 | programs and courses as are necessary to fulfill their mission |
138 | and are authorized to grant associate in arts degrees, associate |
139 | in science degrees, associate in applied science degrees, |
140 | certificates, awards, and diplomas. Each community college is |
141 | also authorized to make provisions for the General Educational |
142 | Development test. Each community college may provide access to |
143 | and award baccalaureate degrees in accordance with law. |
144 | Section 3. Section 1007.33, Florida Statutes, is amended |
145 | to read: |
146 | 1007.33 Site-determined baccalaureate degree access.-- |
147 | (1) The Legislature recognizes that public and private |
148 | postsecondary educational institutions play essential roles in |
149 | improving the quality of life and economic well-being of the |
150 | state and its residents. The Legislature also recognizes that |
151 | economic development needs and the educational needs of place- |
152 | bound, nontraditional students have increased the demand for |
153 | local access to baccalaureate degree programs. In some, but not |
154 | all, geographic regions, baccalaureate degree programs are being |
155 | delivered successfully at the local community college through |
156 | agreements between the community college and 4-year |
157 | postsecondary institutions within or outside of the state. It |
158 | is therefore the intent of the Legislature to further expand |
159 | access to baccalaureate degree programs through the use of |
160 | community colleges to provide programs that meet critical |
161 | workforce needs. |
162 | (2) A community college may enter into a formal agreement |
163 | pursuant to the provisions of s. 1007.22 for the delivery of |
164 | specified baccalaureate degree programs. |
165 | (3) A community college may develop a proposal to deliver |
166 | specified baccalaureate degree programs in its district to meet |
167 | local workforce needs; expand access to postsecondary education, |
168 | particularly to diverse, nontraditional, and geographically |
169 | bound students; enhance articulation, particularly in program |
170 | areas where articulation is limited; or provide the means of |
171 | obtaining a baccalaureate degree in a manner that is most cost- |
172 | efficient to the student and the state. The proposal must be |
173 | submitted to the State Board of Education, in accordance with |
174 | timeframes and guidelines adopted by the state board, for a |
175 | formal assessment by the Department of Education and final |
176 | approval by the state board. The community college's proposal |
177 | must include a statement of determination by the community |
178 | college that the following information: |
179 | (a) Demand for the baccalaureate degree program is |
180 | identified by the workforce development board, local businesses |
181 | and industry, local chambers of commerce, and potential |
182 | students. |
183 | (b) Unmet need for graduates of the proposed degree |
184 | program is substantiated. |
185 | (c) The community college has the facilities and academic |
186 | resources to deliver the program. |
187 | (d) Innovative and alternative options have been |
188 | considered, such as distance learning and university |
189 | partnerships, and found less cost-effective for the student, the |
190 | community, and the state. |
191 |
|
192 | The State Board of Education shall review the formal assessment |
193 | and approve, deny, or require revisions to proposals, in |
194 | accordance with the adopted timeframes and guidelines. The state |
195 | board may approve only those proposals that fully comply with |
196 | the requirements of this subsection and s. 1004.03(2) and |
197 | represent the most efficient and cost-effective manner to |
198 | provide access to the degree. The proposal must be submitted to |
199 | the Council for Education Policy Research and Improvement for |
200 | review and comment. |
201 | (4) Upon approval of the State Board of Education for the |
202 | specific degree program or programs, the community college shall |
203 | pursue regional accreditation by the Commission on Colleges of |
204 | the Southern Association of Colleges and Schools. Any additional |
205 | baccalaureate degree programs the community college wishes to |
206 | offer must be approved by the State Board of Education pursuant |
207 | to the process outlined in this section. Approved programs shall |
208 | be implemented in accordance with joint letters of agreement |
209 | between the State Board of Education and community colleges |
210 | offering approved programs. |
211 | (5) The State Board of Education shall adopt by rule |
212 | policies that address the baccalaureate degree programs at |
213 | community colleges approved pursuant to this section, including |
214 | reporting policies and performance accountability requirements |
215 | for both upper-division and lower-division programs. |
216 | (6)(4) A community college may not terminate its associate |
217 | in arts or associate in science degree programs as a result of |
218 | the authorization provided in subsection (3). The Legislature |
219 | intends that the primary mission of a community college, |
220 | including a community college that offers baccalaureate degree |
221 | programs, continues to be the provision of associate degrees |
222 | that provide access to a university. |
223 | (7) A community college may not offer graduate programs. |
224 | (8) The State Board of Education may adopt rules to |
225 | administer this section. |
226 | Section 4. Subsections (1), (2), (3), and (11) of section |
227 | 1009.23, Florida Statutes, are amended to read: |
228 | 1009.23 Community college student fees.-- |
229 | (1) Unless otherwise provided, the provisions of this |
230 | section apply only to fees charged for college credit |
231 | instruction leading to an associate in arts degree, an associate |
232 | in applied science degree, or an associate in science degree, or |
233 | a baccalaureate degree authorized by the State Board of |
234 | Education pursuant to s. 1007.33 and for noncollege credit |
235 | college-preparatory courses defined in s. 1004.02. |
236 | (2)(a) All students shall be charged fees except students |
237 | who are exempt from fees or students whose fees are waived. |
238 | Identical fees shall be required for all community college |
239 | resident students within a college who take a specific course, |
240 | regardless of the program in which they are enrolled. |
241 | (b) Tuition and out-of-state fees for upper-division |
242 | courses must reflect the fact that the community college has a |
243 | less expensive cost structure than that of a state university. |
244 | Therefore, the board of trustees shall establish tuition and |
245 | out-of-state fees for upper-division courses within a range |
246 | between fees for lower-division credit courses and the local |
247 | state university tuition and out-of-state fees. A community |
248 | college board of trustees may not establish any fee for an |
249 | upper-division course or student unless specifically authorized |
250 | by this section or rules of the State Board of Education. |
251 | (3) The State Board of Education shall adopt by December |
252 | 31 of each year a resident fee schedule for the following fall |
253 | for advanced and professional programs, associate in science |
254 | degree programs, baccalaureate degree programs authorized by the |
255 | State Board of Education pursuant to s. 1007.33, and college- |
256 | preparatory programs that produce revenues in the amount of 25 |
257 | percent of the full prior year's cost of these programs. Fees |
258 | for courses in college-preparatory programs and associate in |
259 | arts and associate in science degree programs may be established |
260 | at the same level. In the absence of a provision to the contrary |
261 | in an appropriations act, the fee schedule shall take effect and |
262 | the colleges shall expend the funds on instruction. If the |
263 | Legislature provides for an alternative fee schedule in an |
264 | appropriations act, the fee schedule shall take effect the |
265 | subsequent fall semester. |
266 | (11) Each community college board of trustees may |
267 | establish a separate fee for capital improvements, technology |
268 | enhancements, or equipping student buildings which may not |
269 | exceed 10 percent of tuition for resident students or 10 percent |
270 | of the sum of tuition and out-of-state fees for nonresident |
271 | students. The fee for resident students shall be limited to an |
272 | increase of $2 per credit hour over the prior year $1 per credit |
273 | hour or credit-hour equivalent for residents and which equals or |
274 | exceeds $3 per credit hour for nonresidents. Funds collected by |
275 | community colleges through these fees may be bonded only for the |
276 | purpose of financing or refinancing new construction and |
277 | equipment, renovation, or remodeling of educational facilities. |
278 | The fee shall be collected as a component part of the tuition |
279 | and fees, paid into a separate account, and expended only to |
280 | construct and equip, maintain, improve, or enhance the |
281 | educational facilities of the community college. Projects funded |
282 | through the use of the capital improvement fee shall meet the |
283 | survey and construction requirements of chapter 1013. Pursuant |
284 | to s. 216.0158, each community college shall identify each |
285 | project, including maintenance projects, proposed to be funded |
286 | in whole or in part by such fee. Capital improvement fee |
287 | revenues may be pledged by a board of trustees as a dedicated |
288 | revenue source to the repayment of debt, including lease- |
289 | purchase agreements and revenue bonds, with a term not to exceed |
290 | 20 years, and not to exceed the useful life of the asset being |
291 | financed, only for the new construction and equipment, |
292 | renovation, or remodeling of educational facilities. Community |
293 | colleges shall may use the services of the Division of Bond |
294 | Finance of the State Board of Administration to issue any bonds |
295 | authorized through the provisions of this subsection. Any such |
296 | bonds issued by the Division of Bond Finance shall be in |
297 | compliance with the provisions of the State Bond Act. Bonds |
298 | issued pursuant to the State Bond Act shall be validated in the |
299 | manner provided by chapter 75. The complaint for such validation |
300 | shall be filed in the circuit court of the county where the seat |
301 | of state government is situated, the notice required to be |
302 | published by s. 75.06 shall be published only in the county |
303 | where the complaint is filed, and the complaint and order of the |
304 | circuit court shall be served only on the state attorney of the |
305 | circuit in which the action is pending. A maximum of 15 percent |
306 | cents per credit hour may be allocated from the capital |
307 | improvement fee for child care centers conducted by the |
308 | community college. |
309 | Section 5. Section 1011.83, Florida Statutes, is amended |
310 | to read: |
311 | 1011.83 Financial support of community colleges.-- |
312 | (1) Each community college that has been approved by the |
313 | Department of Education and meets the requirements of law and |
314 | rules of the State Board of Education shall participate in the |
315 | Community College Program Fund. However, funds to support |
316 | workforce education programs conducted by community colleges |
317 | shall be provided pursuant to s. 1011.80. Community colleges |
318 | shall fund the nonrecurring costs related to the initiation of a |
319 | new baccalaureate degree program pursuant to s. 1007.33 without |
320 | new state appropriations unless special grant funds are |
321 | designated by the State Board of Education, subject to funding |
322 | by the Legislature for this purpose. However, a new |
323 | baccalaureate degree program may not accept students without a |
324 | recurring legislative appropriation for this purpose. Recurring |
325 | operational funding for a community college authorized to grant |
326 | baccalaureate degrees pursuant to s. 1007.33 shall be funded as |
327 | follows: |
328 | (a) As a community college for its workforce education |
329 | programs and for its lower-division level college credit courses |
330 | and programs funded in the Community College Program Fund |
331 | pursuant to this section. |
332 | (b) As a baccalaureate-degree-level institution for its |
333 | upper-division level courses and programs. State support for |
334 | these programs should not exceed 85 percent of the amount of |
335 | state support per full-time equivalent student in a comparable |
336 | state university program. Funds appropriated for this purpose |
337 | may be used only for the baccalaureate degree programs. |
338 | (2) Community colleges that grant baccalaureate degrees |
339 | shall maintain reporting and funding distinctions between any |
340 | baccalaureate degree program approved pursuant to s. 1007.33 and |
341 | other baccalaureate degree programs involving traditional |
342 | concurrent-use partnerships. |
343 | Section 6. Paragraph (c) is added to subsection (3) of |
344 | section 1013.60, Florida Statutes, to read: |
345 | 1013.60 Legislative capital outlay budget request.-- |
346 | (3) The commissioner shall submit an integrated, |
347 | comprehensive budget request to the Executive Office of the |
348 | Governor and to the Legislature each fiscal year by the |
349 | submission date specified in s. 216.023(1). Notwithstanding the |
350 | provisions of s. 216.043, the integrated, comprehensive budget |
351 | request shall include: |
352 | (c) Recommendations for the priority expenditure of funds |
353 | for facilities for baccalaureate degree programs at community |
354 | colleges pursuant to s. 1007.33, provided the projects are |
355 | identified in a community college's capital improvement plan. |
356 | Such projects shall not be considered a component of the 3-year |
357 | priority list of the community college or state university |
358 | system pursuant to s. 1013.64(4)(a). Community colleges approved |
359 | to grant baccalaureate degrees may request funding from the |
360 | Public Education Capital Outlay and Debt Service Trust Fund for |
361 | all authorized programs, including approved baccalaureate degree |
362 | programs pursuant to this paragraph. Enrollment in approved |
363 | baccalaureate degree programs shall be computed into the survey |
364 | of need for facilities. |
365 | Section 7. Paragraph (g) of subsection (5) of section |
366 | 288.8175, Florida Statutes, is amended to read: |
367 | 288.8175 Linkage institutes between postsecondary |
368 | institutions in this state and foreign countries.-- |
369 | (5) The institutes are: |
370 | (g) Florida-France Institute (New College of the |
371 | University of South Florida, Miami Dade Miami-Dade Community |
372 | College, and Florida State University). |
373 | Section 8. Paragraph (a) of subsection (2) of section |
374 | 1002.35, Florida Statutes, is amended to read: |
375 | 1002.35 New World School of the Arts.-- |
376 | (2)(a) For purposes of governance, the New World School of |
377 | the Arts is assigned to Miami Dade Miami-Dade Community College, |
378 | the Dade County School District, and one or more universities |
379 | designated by the State Board of Education. The State Board of |
380 | Education shall assign to the New World School of the Arts a |
381 | university partner or partners. In this selection, the State |
382 | Board of Education shall consider the accreditation status of |
383 | the core programs. Florida International University, in its |
384 | capacity as the provider of university services to Dade County, |
385 | shall be a partner to serve the New World School of the Arts, |
386 | upon meeting the accreditation criteria. The respective boards |
387 | shall appoint members to an executive board for administration |
388 | of the school. The executive board may include community members |
389 | and shall reflect proportionately the participating |
390 | institutions. Miami Dade Miami-Dade Community College shall |
391 | serve as fiscal agent for the school. |
392 | Section 9. Subsection (2) of section 1004.76, Florida |
393 | Statutes, is amended to read: |
394 | 1004.76 Florida Martin Luther King, Jr., Institute for |
395 | Nonviolence.-- |
396 | (2) There is hereby created the Florida Martin Luther |
397 | King, Jr., Institute for Nonviolence to be established at Miami |
398 | Dade Miami-Dade Community College. The institute shall have an |
399 | advisory board consisting of 13 members as follows: the Attorney |
400 | General, the Commissioner of Education, and 11 members to be |
401 | appointed by the Governor, such members to represent the |
402 | population of the state based on its ethnic, gender, and |
403 | socioeconomic diversity. Of the members appointed by the |
404 | Governor, one shall be a member of the Senate appointed by the |
405 | Governor on the recommendation of the President of the Senate; |
406 | one shall be a member of the Senate appointed by the Governor on |
407 | the recommendation of the minority leader; one shall be a member |
408 | of the House of Representatives appointed by the Governor on the |
409 | recommendation of the Speaker of the House of Representatives; |
410 | one shall be a member of the House of Representatives appointed |
411 | by the Governor on the recommendation of the minority leader; |
412 | and seven shall be members appointed by the Governor, no more |
413 | than three of whom shall be members of the same political party. |
414 | The following groups shall be represented by the seven members: |
415 | the Florida Sheriffs Association; the Florida Association of |
416 | Counties; the Florida League of Cities; state universities human |
417 | services agencies; community relations or human relations |
418 | councils; and youth. A chairperson shall be elected by the |
419 | members and shall serve for a term of 3 years. Members of the |
420 | board shall serve the following terms of office which shall be |
421 | staggered: |
422 | (a) A member of the Legislature appointed to the board |
423 | shall serve for a single term not to exceed 5 years and shall |
424 | serve as a member only while he or she is a member of the |
425 | Legislature. |
426 | (b) Of the seven members who are not members of the |
427 | Legislature, three shall serve for terms of 4 years, two shall |
428 | serve for terms of 3 years, and one shall serve for a term of 1 |
429 | year. Thereafter, each member, except for a member appointed to |
430 | fill an unexpired term, shall serve for a 5-year term. No member |
431 | shall serve on the board for more than 10 years. |
432 |
|
433 | In the event of a vacancy occurring in the office of a member of |
434 | the board by death, resignation, or otherwise, the Governor |
435 | shall appoint a successor to serve for the balance of the |
436 | unexpired term. |
437 | Section 10. This act shall take effect July 1, 2005. |