Amendment
Bill No. 2254
Amendment No. 721583
CHAMBER ACTION
Senate House
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1Representative(s) Goodlette, Mayfield, and Jennings offered the
2following:
3
4     Amendment (with title amendment)
5     Remove everything after the enacting clause and insert:
6     Section 1.  Paragraph (i) is added to subsection (7) of
7section 1001.02, Florida Statutes, to read:
8     1001.02  General powers of State Board of Education.--
9     (7)  The State Board of Education shall:
10     (i)  Adopt by rule policies that address the baccalaureate
11degree programs at community colleges approved pursuant to s.
121007.33, including, but not limited to, reporting policies and
13performance accountability requirements for both upper-division
14and lower-division programs.
15     Section 2.  Subsections (1), (2), and (8) of section
161001.64, Florida Statutes, are amended to read:
17     1001.64  Community college boards of trustees; powers and
18duties.--
19     (1)  The boards of trustees shall be responsible for
20cost-effective policy decisions appropriate to the community
21college's mission, the implementation and maintenance of
22high-quality education programs within law and rules of the
23State Board of Education, the measurement of performance, the
24reporting of information, and the provision of input regarding
25state policy, budgeting, and education standards. Community
26colleges may grant baccalaureate degrees pursuant to s. 1007.33
27and shall remain under the authority of the State Board of
28Education in accordance with current statutory provisions
29relating to community colleges as defined in s. 1000.21.
30     (2)  Each board of trustees is vested with the
31responsibility to govern its respective community college and
32with such necessary authority as is needed for the proper
33operation and improvement thereof in accordance with rules of
34the State Board of Education. This authority includes serving as
35the governing board for purposes of granting baccalaureate
36degrees as authorized in s. 1007.33 and approved by the State
37Board of Education.
38     (8)  Each board of trustees has authority for policies
39related to students, enrollment of students, student records,
40student activities, financial assistance, and other student
41services.
42     (a)  Each board of trustees shall govern admission of
43students pursuant to s. 1007.263 and rules of the State Board of
44Education. A board of trustees may establish additional
45admissions criteria, which shall be included in the district
46interinstitutional articulation agreement developed according to
47s. 1007.235, to ensure student readiness for postsecondary
48instruction. Each board of trustees may consider the past
49actions of any person applying for admission or enrollment and
50may deny admission or enrollment to an applicant because of
51misconduct if determined to be in the best interest of the
52community college.
53     (b)  Each board of trustees shall adopt rules establishing
54student performance standards for the award of degrees and
55certificates pursuant to s. 1004.68. The board of trustees of a
56community college that is authorized to grant a baccalaureate
57degree under s. 1007.33 may continue to award degrees, diplomas,
58and certificates as authorized for the college, and in the name
59of the college, until the college receives any necessary changes
60to its accreditation.
61     (c)  Each board of trustees shall establish tuition and
62out-of-state fees for approved baccalaureate degree programs,
63consistent with law and proviso language in the General
64Appropriations Act.
65     (d)(c)  Boards of trustees are authorized to establish
66intrainstitutional and interinstitutional programs to maximize
67articulation pursuant to s. 1007.22.
68     (e)(d)  Boards of trustees shall identify their core
69curricula, which shall include courses required by the State
70Board of Education, pursuant to the provisions of s. 1007.25(6).
71     (f)(e)  Each board of trustees must adopt a written
72antihazing policy, provide a program for the enforcement of such
73rules, and adopt appropriate penalties for violations of such
74rules pursuant to the provisions of s. 1006.63(1)-(3).
75     (g)(f)  Each board of trustees may establish a uniform code
76of conduct and appropriate penalties for violation of its rules
77by students and student organizations, including rules governing
78student academic honesty. Such penalties, unless otherwise
79provided by law, may include fines, the withholding of diplomas
80or transcripts pending compliance with rules or payment of
81fines, and the imposition of probation, suspension, or
82dismissal.
83     (h)(g)  Each board of trustees pursuant to s. 1006.53 shall
84adopt a policy in accordance with rules of the State Board of
85Education that reasonably accommodates the religious observance,
86practice, and belief of individual students in regard to
87admissions, class attendance, and the scheduling of examinations
88and work assignments.
89     (i)  Each board of trustees shall adopt a policy providing
90that faculty who teach upper-division courses that are a
91component part of a baccalaureate degree program must meet the
92requirements of s. 1012.82.
93     Section 3.  Subsection (1), paragraph (a) of subsection
94(7), and subsection (9) of section 1004.65, Florida Statutes,
95are amended, and subsection (10) is added to said section, to
96read:
97     1004.65  Community colleges; definition, mission, and
98responsibilities.--
99     (1)  Community colleges shall consist of all public
100educational institutions identified in s. 1000.21(3). Community
101colleges, including colleges that have been approved to offer
102baccalaureate degree programs pursuant to s. 1007.33, shall be
103operated by community college district boards of trustees under
104statutory authority and rules of the State Board of Education.  
105Except as otherwise provided in law, all laws and rules that
106relate to community colleges apply to community colleges
107authorized to offer baccalaureate degree programs pursuant to s.
1081007.33.
109     (7)  A separate and secondary role for community colleges
110includes:
111     (a)  Providing upper level instruction and awarding
112baccalaureate degrees as specifically authorized by law. A
113community college that is approved to offer baccalaureate degree
114programs shall maintain its primary mission pursuant to
115subsection (6) and may not terminate associate in arts or
116associate in science degree programs as a result of the
117authorization to offer baccalaureate degree programs.
118     (9)  Community colleges are authorized to offer such
119programs and courses as are necessary to fulfill their mission
120and are authorized to grant associate in arts degrees, associate
121in science degrees, associate in applied science degrees,
122certificates, awards, and diplomas. Each community college is
123also authorized to make provisions for the General Educational
124Development test. Each community college may provide access to
125and award baccalaureate degrees in accordance with law.
126     (10)  A community college may not offer graduate programs.
127     Section 4.  Subsection (3) is added to section 1004.68,
128Florida Statutes, to read:
129     1004.68  Community college; degrees and certificates; tests
130for certain skills.--
131     (3)  The board of trustees of a community college
132authorized to grant baccalaureate degrees pursuant to s. 1007.33
133may continue to award degrees, diplomas, and certificates as
134authorized for the college, and in the name of the college,
135until the community college receives any necessary changes to
136its accreditation.
137     Section 5.  Section 1007.33, Florida Statutes, is amended
138to read:
139     1007.33  Site-determined baccalaureate degree access.--
140     (1)  The Legislature recognizes that public and private
141postsecondary educational institutions play essential roles in
142improving the quality of life and economic well-being of the
143state and its residents. The Legislature also recognizes that
144economic development needs and the educational needs of place-
145bound, nontraditional students have increased the demand for
146local access to baccalaureate degree programs. In some, but not
147all, geographic regions, baccalaureate degree programs are being
148delivered successfully at the local community college through
149agreements between the community college and 4-year
150postsecondary institutions within or outside of the state. It is
151therefore the intent of the Legislature to further expand access
152for Florida residents to baccalaureate degree programs and to
153provide baccalaureate degree programs that meet critical
154workforce needs through the use of community colleges.
155     (2)  A community college may enter into a formal agreement
156pursuant to the provisions of s. 1007.22 for the delivery of
157specified baccalaureate degree programs.
158     (3)  A community college may develop a proposal to deliver
159specified baccalaureate degree programs in its district to meet
160local workforce needs or to expand access to postsecondary
161education for diverse, nontraditional, or geographically bound
162students. The proposal must be approved by the board of trustees
163of the community college.
164(a)  To be eligible to receive state funding to support the
165proposed program at the baccalaureate level, the proposal must
166be submitted to the State Board of Education for approval in
167accordance with timelines and guidelines adopted by the state
168board and. The community college's proposal must include the
169following information:
170     1.(a)  Documentation of the demand for the baccalaureate
171degree program as is identified by the workforce development
172board, local businesses and industry, local chambers of
173commerce, and potential students who must be residents of the
174state.
175     2.(b)  Documentation of the unmet need for graduates of the
176proposed degree program is substantiated.
177     3.(c)  Documentation that the community college has the
178facilities and academic resources to deliver the program.
179     4.  Documentation that alternative attempts were made to
180meet the identified need, such as distance learning and
181partnerships with other public or private postsecondary
182educational institutions, or justification for not pursuing such
183alternatives.
184     5.  A 5-year financial plan that details steps to ensure
185that the per-credit-hour costs of the program at the end of the
1865-year period will be less than the costs of similar programs at
187state universities.
188     (b)  Upon receipt of a proposal submitted pursuant to
189paragraph (a), the State Board of Education must make the
190proposal available to other public and private postsecondary
191educational institutions for 60 days for review and comment,
192including the opportunity for such institutions to submit
193alternative proposals to the State Board of Education for
194meeting the stated need.
195     (c)  The State Board of Education may approve, deny, or
196require revisions to a proposal submitted by a community college
197pursuant to paragraph (a) or an alternative proposal submitted
198pursuant to paragraph (b).
199
200A The proposal must be submitted to the Council for Education
201Policy Research and Improvement for review and comment. Upon
202approval of the State Board of Education for the specific degree
203program or programs, the community college approved to offer
204baccalaureate degrees pursuant to this subsection shall pursue
205regional accreditation by the Commission on Colleges of the
206Southern Association of Colleges and Schools. Any additional
207baccalaureate degree program programs the community college
208wishes to offer must be approved by the State Board of Education
209pursuant to the process outlined in this subsection in order for
210the community college to receive state funding for the program
211at the baccalaureate level.
212     (4)  Any baccalaureate degree program authorized at a
213community college pursuant to the provisions of this section
214must be evaluated by the board of trustees of the community
215college every 5 years to determine the cost-effectiveness of the
216program, the effectiveness of the program in providing access to
217baccalaureate degrees for Florida residents and meeting local
218workforce needs, and the impact of the program on the college's
219primary mission of providing associate degrees. A copy of the
220evaluation must be submitted to the State Board of Education,
221the Executive Office of the Governor, the President of the
222Senate, and the Speaker of the House of Representatives.
223Programs that have excessive per-credit-hour costs, fail to
224provide meaningful access to baccalaureate degrees for Florida
225residents, no longer meet workforce needs, or hinder a community
226college's primary mission may lose eligibility for state funding
227as a baccalaureate degree program.
228     (5)(4)  A community college may not terminate its associate
229in arts or associate in science degree programs as a result of
230the authorization provided pursuant to this section in
231subsection (3). The Legislature intends that the primary mission
232of a community college, including a community college that
233offers baccalaureate degree programs, continues to be the
234provision of associate degrees that provide access to a
235university.
236     (6)  The State Board of Education shall adopt rules to
237administer this section.
238     Section 6.  Subsections (1), (3), and (11) of section
2391009.23, Florida Statutes, are amended to read:
240     1009.23  Community college student fees.--
241     (1)  Unless otherwise provided, the provisions of this
242section applies apply only to fees charged for college credit
243instruction leading to an associate in arts degree, an associate
244in applied science degree, or an associate in science degree, or
245a baccalaureate degree authorized by the State Board of
246Education pursuant to s. 1007.33 and for noncollege credit
247college-preparatory courses defined in s. 1004.02.
248     (3)  The State Board of Education shall adopt by December
24931 of each year a resident fee schedule for the following fall
250for advanced and professional programs, associate in science
251degree programs, baccalaureate degree programs authorized by the
252State Board of Education pursuant to s. 1007.33, and college-
253preparatory programs that produce revenues in the amount of 25
254percent of the full prior year's cost of these programs. Fees
255for courses in college-preparatory programs and associate in
256arts and associate in science degree programs may be established
257at the same level. In the absence of a provision to the contrary
258in an appropriations act, the fee schedule shall take effect and
259the colleges shall expend the funds on instruction. If the
260Legislature provides for an alternative fee schedule in an
261appropriations act, the fee schedule shall take effect the
262subsequent fall semester.
263     (11)(a)  Each community college board of trustees may
264establish a separate fee for capital improvements, technology
265enhancements, or equipping student buildings which may not
266exceed 10 percent of tuition for resident students or 10 percent
267of the sum of tuition and out-of-state fees for nonresident
268students. The fee for resident students shall be limited to an
269increase of $2 per credit hour over the prior year $1 per credit
270hour or credit-hour equivalent for residents and which equals or
271exceeds $3 per credit hour for nonresidents. Funds collected by
272community colleges through these fees may be bonded only as
273provided in this subsection for the purpose of financing or
274refinancing new construction and equipment, renovation, or
275remodeling of educational facilities. The fee shall be collected
276as a component part of the tuition and fees, paid into a
277separate account, and expended only to construct and equip,
278maintain, improve, or enhance the educational facilities of the
279community college. Projects funded through the use of the
280capital improvement fee shall meet the survey and construction
281requirements of chapter 1013. Pursuant to s. 216.0158, each
282community college shall identify each project, including
283maintenance projects, proposed to be funded in whole or in part
284by such fee.
285     (b)  Capital improvement fee revenues may be pledged by a
286board of trustees as a dedicated revenue source to the repayment
287of debt, including lease-purchase agreements with an overall
288term, including renewals, extensions, and refundings, of not
289more than 7 years and revenue bonds, with a term not to exceed
29020 annual maturities years, and not to exceed the useful life of
291the asset being financed, only for financing or refinancing of
292the new construction and equipment, renovation, or remodeling of
293educational facilities. Community colleges may use the services
294of the Division of Bond Finance of the State Board of
295Administration to issue any Bonds authorized through the
296provisions of this subsection shall be. Any such bonds issued by
297the Division of Bond Finance upon the request of the community
298college board of trustees shall be in compliance with the
299provisions of s. 11(d), Art. VII of the State Constitution and
300the State Bond Act. The Division of Bond Finance may pledge fees
301collected by one or more community colleges to secure such
302bonds. Any project included in the approved educational plant
303survey pursuant to chapter 1013 is approved pursuant to s.
30411(d), Art. VII of the State Constitution.
305     (c)  The state does hereby covenant with the holders of the
306bonds issued under this subsection that it will not take any
307action that will materially and adversely affect the rights of
308such holders so long as the bonds authorized by this subsection
309are outstanding.
310     (d)  Any validation of the bonds issued pursuant to the
311State Bond Act shall be validated in the manner provided by
312chapter 75. Only the initial series of bonds is required to be
313validated. The complaint for such validation shall be filed in
314the circuit court of the county where the seat of state
315government is situated, the notice required to be published by
316s. 75.06 shall be published only in the county where the
317complaint is filed, and the complaint and order of the circuit
318court shall be served only on the state attorney of the circuit
319in which the action is pending.
320     (e)  A maximum of 15 percent cents per credit hour may be
321allocated from the capital improvement fee for child care
322centers conducted by the community college. The use of capital
323improvement fees for such purpose shall be subordinate to the
324payment of any bonds secured by the fees.
325     Section 7.  Subsection (3) of section 1009.24, Florida
326Statutes, is amended to read:
327     1009.24  State university student fees.--
328     (3)(a)  The Legislature has the responsibility to establish
329tuition and fees.
330     (b)  Within proviso in the General Appropriations Act and
331law, each board of trustees shall set undergraduate university
332tuition and fees.
333     (c)  Except as otherwise provided by law, each board of
334trustees shall set university tuition and fees for graduate,
335graduate professional, and nonresident students, except that
336tuition and fees for graduate, graduate professional, and
337nonresident students who enroll prior to fall 2005 shall be
338established within proviso in the General Appropriations Act or
339by law. Tuition and fees for graduate, graduate professional,
340and nonresident students shall not exceed the average full-time
341nonresident tuition and fees for corresponding programs at
342public institutions that are members of the Association of
343American Universities. The annual percentage increase in tuition
344and fees established by each board of trustees pursuant to this
345paragraph for students enrolled prior to fall 2005 shall not
346exceed the annual percentage increase approved by the
347Legislature for resident undergraduate students. At least 20
348percent of the amount raised by tuition increases imposed
349pursuant to this paragraph shall be allocated by each university
350to need-based financial aid for students.
351     (d)  The sum of the activity and service, health, and
352athletic fees a student is required to pay to register for a
353course shall not exceed 40 percent of the tuition established in
354law or in the General Appropriations Act. The tuition and fees
355established pursuant to paragraph (c) for graduate, graduate
356professional, and nonresident students shall not be subject to
357the 40 percent cap. No university shall be required to lower any
358fee in effect on the effective date of this act in order to
359comply with this subsection. Within the 40 percent cap,
360universities may not increase the aggregate sum of activity and
361service, health, and athletic fees more than 5 percent per year
362unless specifically authorized in law or in the General
363Appropriations Act. A university may increase its athletic fee
364to defray the costs associated with changing National Collegiate
365Athletic Association divisions. Any such increase in the
366athletic fee may exceed both the 40 percent cap and the 5
367percent cap imposed by this subsection. Any such increase must
368be approved by the athletic fee committee in the process
369outlined in subsection (11) and cannot exceed $2 per credit
370hour. Notwithstanding the provisions of ss. 1009.534, 1009.535,
371and 1009.536, that portion of any increase in an athletic fee
372pursuant to this subsection that causes the sum of the activity
373and service, health, and athletic fees to exceed the 40 percent
374cap or the annual increase in such fees to exceed the 5 percent
375cap shall not be included in calculating the amount a student
376receives for a Florida Academic Scholars award, a Florida
377Medallion Scholars award, or a Florida Gold Seal Vocational
378Scholars award. This subsection does not prohibit a university
379from increasing or assessing optional fees related to specific
380activities if payment of such fees is not required as a part of
381registration for courses.
382     Section 8.  Section 1011.83, Florida Statutes, is amended
383to read:
384     1011.83  Financial support of community colleges.--
385     (1)  Each community college that has been approved by the
386Department of Education and meets the requirements of law and
387rules of the State Board of Education shall participate in the
388Community College Program Fund. However, funds to support
389workforce education programs conducted by community colleges
390shall be provided pursuant to s. 1011.80.
391     (2)  Funding for baccalaureate degree programs approved
392pursuant to s. 1007.33 shall be specified in the General
393Appropriations Act. A student in a baccalaureate degree program
394approved pursuant to s. 1007.33 who is not classified as a
395resident for tuition purposes pursuant to s. 1009.21 shall not
396be included in calculations of full-time equivalent enrollments
397for state funding purposes.
398     (3)  Funds specifically appropriated by the Legislature for
399baccalaureate degree programs approved pursuant to s. 1007.033
400may be used only for such programs. A new baccalaureate degree
401program may not accept students without a recurring legislative
402appropriation for this purpose. However, community colleges that
403have been approved by the State Board of Education prior to July
4041, 2005, to offer baccalaureate degrees are not subject to the
405requirement for recurring funds until the 2006-2007 budget year.
406     (4)  A community college that grants baccalaureate degrees
407shall maintain reporting and funding distinctions between any
408baccalaureate degree program approved under s. 1007.33 and any
409other baccalaureate degree programs involving traditional
410concurrent-use partnerships.
411     Section 9.  Section 1012.82, Florida Statutes, is amended
412to read:
413     1012.82  Teaching faculty; minimum teaching hours per
414week.--Each full-time member of the teaching faculty at any
415community college, including faculty who teach upper-division
416courses that are a component part of a baccalaureate degree
417program approved pursuant to s. 1007.33, who is paid wholly from
418funds appropriated from the community college program fund shall
419teach a minimum of 15 classroom contact hours per week at such
420institution. However, the required classroom contact hours per
421week may be reduced upon approval of the president of the
422institution in direct proportion to specific duties and
423responsibilities assigned the faculty member by his or her
424departmental chair or other appropriate college administrator.
425Such specific duties may include specific research duties,
426specific duties associated with developing television, video
427tape, or other specifically assigned innovative teaching
428techniques or devices, or assigned responsibility for off-campus
429student internship or work-study programs. A "classroom contact
430hour" consists of a regularly scheduled classroom activity of
431not less than 50 minutes in a course of instruction which has
432been approved by the community college board of trustees. Any
433full-time faculty member who is paid partly from community
434college program funds and partly from other funds or
435appropriations shall teach a minimum number of classroom contact
436hours per week in such proportion to 15 classroom contact hours
437as his or her salary paid from community college program funds
438bears to his or her total salary.
439     Section 10.  Subsection (2) of section 1013.60, Florida
440Statutes, is amended to read:
441     1013.60  Legislative capital outlay budget request.--
442     (2)  The commissioner shall submit to the Governor and to
443the Legislature an integrated, comprehensive budget request for
444educational facilities construction and fixed capital outlay
445needs for school districts, community colleges, and
446universities, pursuant to the provisions of s. 1013.64 and
447applicable provisions of chapter 216. Each community college
448board of trustees and each university board of trustees shall
449submit to the commissioner a 3-year plan and data required in
450the development of the annual capital outlay budget. Community
451college boards of trustees may request funding for all
452authorized programs, including approved baccalaureate degree
453programs. Such a request for funding must be submitted as a part
454of the 3-year priority list for community colleges pursuant to
455s. 1013.64(4)(a). Enrollment in approved baccalaureate degree
456programs or baccalaureate degree programs offered under a formal
457agreement with another college or university pursuant to s.
4581007.33 may be computed into the survey of need for facilities
459if the partner is not defraying the cost. No further
460disbursements shall be made from the Public Education Capital
461Outlay and Debt Service Trust Fund to a board of trustees that
462fails to timely submit the required data until such board of
463trustees submits the data.
464     Section 11.  This act shall take effect July 1, 2005.
465
466================= T I T L E  A M E N D M E N T =================
467     Remove the entire title and insert:
468
A bill to be entitled
469An act relating to enhanced student opportunities;
470amending s. 1001.02, F.S.; requiring State Board of
471Education rules that address baccalaureate degree programs
472at community colleges; amending s. 1001.64, F.S.;
473providing that community colleges that grant baccalaureate
474degrees remain under the authority of the State Board of
475Education with respect to specified responsibilities;
476providing that the board of trustees is the governing
477board for purposes of granting baccalaureate degrees;
478providing powers of the boards of trustees, including the
479power to establish tuition and out-of-state fees;
480providing restrictions; requiring such boards to adopt a
481policy requiring teachers who teach certain upper-division
482courses to teach a specified minimum number of hours;
483amending s. 1004.65, F.S.; including community colleges
484approved to offer baccalaureate degree programs under
485authority to operate; requiring such community colleges to
486maintain their primary mission and prohibiting them from
487terminating associate degree programs; prohibiting a
488community college from offering graduate programs;
489amending s. 1004.68, F.S.; authorizing the continued
490awarding of degrees, diplomas, and certificates by
491community colleges approved to offer baccalaureate degree
492programs; amending s. 1007.33, F.S.; revising requirements
493for a proposal by a community college to deliver a
494baccalaureate degree program; requiring the State Board of
495Education to make proposals available for review and
496comment by other postsecondary educational institutions
497and authorizing alternative proposals; eliminating
498requirement for review and comment by the Council for
499Education Policy Research and Improvement; authorizing the
500State Board of Education to approve, deny, or require
501revisions to proposals; requiring periodic evaluation of
502approved programs; authorizing termination of funding for
503certain approved programs; requiring rulemaking; amending
504s. 1009.23, F.S.; providing guidelines and restrictions
505for setting community college tuition and out-of-state
506fees for upper-division courses; requiring the State Board
507of Education to adopt a resident fee schedule for
508baccalaureate degree programs offered by community
509colleges; revising provisions relating to the fee for
510capital improvements, technology enhancements, or
511equipping student buildings and the use thereof; providing
512requirements for the issuance and validation of bonds;
513revising provisions relating to the allocation for child
514care centers; amending s. 1009.24, F.S.; providing
515responsibilities of the Legislature and state university
516boards of trustees to establish tuition and fees;
517providing restrictions; amending s. 1011.83, F.S.;
518providing for funding of approved baccalaureate programs
519at community colleges; providing for use of funds and
520reporting requirements; amending s. 1012.82, F.S.;
521revising provisions relating to minimum contact hours for
522community college faculty who teach upper-division
523courses; amending s. 1013.60, F.S.; allowing community
524college boards of trustees to request funding for all
525authorized programs and specifying requirements; requiring
526that enrollment in baccalaureate degree programs be
527computed into the survey of need for facilities; providing
528an effective date.


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