Senate Bill sb2254e1

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  1                      A bill to be entitled

  2         An act relating to community colleges;

  3         amending s. 1001.64, F.S.; providing that

  4         community colleges that grant baccalaureate

  5         degrees pursuant to s. 1007.33, F.S., remain

  6         under the authority of the State Board of

  7         Education with respect to specified

  8         responsibilities; providing that, subject to

  9         specified conditions, the board of trustees of

10         such a community college is the governing board

11         for purposes of granting baccalaureate degrees;

12         providing powers of the boards of trustees,

13         including the power to establish tuition and

14         out-of-state fees; providing restrictions;

15         requiring such boards to adopt a policy

16         requiring teachers who teach certain

17         upper-division courses to teach a specified

18         minimum number of hours; amending s. 1004.65,

19         F.S.; requiring community colleges that offer

20         baccalaureate degrees to maintain their primary

21         purpose and not terminate associate in arts

22         programs because they offer baccalaureate

23         degrees; amending s. 1007.33, F.S.; removing a

24         requirement for review and comment by the

25         Council for Education Policy Research and

26         Improvement of a proposal to deliver

27         baccalaureate degree programs; providing for

28         the State Board of Education to adopt rules

29         with respect to the articulation of specified

30         associate degrees with specified bachelor's

31         degrees; providing requirements for such rules;


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 1         requiring that a formal agreement for the

 2         delivery of specified baccalaureate degree

 3         programs by a regionally accredited college or

 4         university at a community college site include

 5         certain provisions; requiring that the

 6         curriculum for the degree be developed and

 7         approved within a specified time; requiring

 8         that the degree program be implemented within a

 9         specified time; requiring that a proposal to

10         deliver such a degree document that the

11         community college has notified the accredited

12         colleges and universities in the district of

13         its intent to seek approval for delivery of the

14         degree; allowing the colleges and universities

15         to propose an alternative plan for providing

16         the degree; amending s. 1009.23, F.S.;

17         providing guidelines and restrictions for

18         setting tuition and out-of-state fees for

19         upper-division courses; requiring the State

20         Board of Education, annually by a specified

21         date, to adopt a resident fee schedule for

22         baccalaureate degree programs offered by

23         community colleges; amending s. 1011.83, F.S.;

24         providing requirements for funding nonrecurring

25         and recurring costs associated with such

26         programs; limiting per-student funding to a

27         specified percentage of costs associated with

28         baccalaureate degree programs offered in state

29         universities; requiring community colleges to

30         maintain a distinction in reporting and funding

31         between baccalaureate degree programs approved


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 1         under s. 1007.33, F.S., and those offered under

 2         concurrent-use partnerships; amending s.

 3         1013.60, F.S.; allowing community college

 4         boards of trustees to request funding for all

 5         authorized programs; requiring that enrollment

 6         in baccalaureate degree programs be computed

 7         into the survey of need for facilities;

 8         approving a transfer of an endowment from the

 9         Appleton Cultural Center, Inc., to the Central

10         Florida Community College Foundation; providing

11         restrictions on the management of the

12         endowment; releasing the foundation from

13         certain trust agreement and statutory

14         requirements; amending s. 1009.23, F.S.;

15         authorizing each community college board of

16         trustees to establish a transportation user

17         fee; limiting such fee to the cost of the

18         service provided; allowing fines to exceed the

19         cost of services provided and to apply to

20         persons other than those receiving specified

21         services; providing an effective date.

22  

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

24  

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

26  1001.64, Florida Statutes, are amended to read:

27         1001.64  Community college boards of trustees; powers

28  and duties.--

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

30  cost-effective policy decisions appropriate to the community

31  college's mission, the implementation and maintenance of


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

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

 3  reporting of information, and the provision of input regarding

 4  state policy, budgeting, and education standards. Community

 5  colleges may grant baccalaureate degrees pursuant to s.

 6  1007.33 and shall remain under the authority of the State

 7  Board of Education with respect to planning, coordination,

 8  oversight, and budgetary and accountability responsibilities.

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

10  responsibility to govern its respective community college and

11  with such necessary authority as is needed for the proper

12  operation and improvement thereof in accordance with rules of

13  the State Board of Education. This authority includes serving

14  as the governing board for purposes of granting baccalaureate

15  degrees.

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

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

18  student activities, financial assistance, and other student

19  services.

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

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

22  of Education. A board of trustees may establish additional

23  admissions criteria, which shall be included in the district

24  interinstitutional articulation agreement developed according

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

26  instruction. Each board of trustees may consider the past

27  actions of any person applying for admission or enrollment and

28  may deny admission or enrollment to an applicant because of

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

30  community college.

31  


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 1         (b)  Each board of trustees shall adopt rules

 2  establishing student performance standards for the award of

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

 4  trustees of a community college that is authorized to grant a

 5  baccalaureate degree under s. 1007.33 may continue to award

 6  degrees, diplomas, and certificates as authorized for the

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

 8  receives any necessary changes to its accreditation.

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

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

11  consistent with law and proviso language in the General

12  Appropriations Act. However, a board of trustees may not

13  increase tuition and out-of-state fees as provided in s.

14  1009.23(4).

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

16  intrainstitutional and interinstitutional programs to maximize

17  articulation pursuant to s. 1007.22.

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

19  curricula, which shall include courses required by the State

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

21  1007.25(6).

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

23  antihazing policy, provide a program for the enforcement of

24  such rules, and adopt appropriate penalties for violations of

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

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

27  code of conduct and appropriate penalties for violation of its

28  rules by students and student organizations, including rules

29  governing student academic honesty. Such penalties, unless

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

31  of diplomas or transcripts pending compliance with rules or


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

 2  or dismissal.

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

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

 5  Board of Education that reasonably accommodates the religious

 6  observance, practice, and belief of individual students in

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

 8  examinations and work assignments.

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

10  providing that faculty who teach upper-division courses that

11  are a component part of a baccalaureate program must meet the

12  requirements of s. 1012.82.

13         Section 2.  Paragraph (a) of subsection (7) and

14  subsection (9) of section 1004.65, Florida Statutes, are

15  amended to read:

16         1004.65  Community colleges; definition, mission, and

17  responsibilities.--

18         (7)  A separate and secondary role for community

19  colleges includes:

20         (a)  Providing upper level instruction and awarding

21  baccalaureate degrees as specifically authorized by law. A

22  community college that is approved to offer baccalaureate

23  degree programs shall maintain its primary mission pursuant to

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

25  associate in science degree programs as a result of the

26  authorization to offer baccalaureate degree programs.

27         (9)  Community colleges are authorized to offer such

28  programs and courses as are necessary to fulfill their mission

29  and are authorized to grant associate in arts degrees,

30  associate in science degrees, associate in applied science

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


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 1  college is also authorized to make provisions for the General

 2  Educational Development test. Each community college may

 3  provide access to and award baccalaureate degrees in

 4  accordance with law.

 5         Section 3.  Subsection (3) of section 1007.33, Florida

 6  Statutes, is amended, present subsection (4) is redesignated

 7  as subsection (6), and new subsections (4) and (5) are added

 8  to that section, to read:

 9         1007.33  Site-determined baccalaureate degree access.--

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

11  deliver specified baccalaureate degree programs in its

12  district to meet local workforce needs. The proposal must be

13  submitted to the State Board of Education for approval. The

14  community college's proposal must include the following

15  information:

16         (a)  Demand for the baccalaureate degree program is

17  identified by the workforce development board, local

18  businesses and industry, local chambers of commerce, and

19  potential students.

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

21  program is substantiated.

22         (c)  The community college has the facilities and

23  academic resources to deliver the program.

24  

25  The proposal must be submitted to the Council for Education

26  Policy Research and Improvement for review and comment. Upon

27  approval of the State Board of Education for the specific

28  degree program or programs, the community college shall pursue

29  regional accreditation by the Commission on Colleges of the

30  Southern Association of Colleges and Schools. Any additional

31  baccalaureate degree programs the community college wishes to


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 1  offer must be approved by the State Board of Education.

 2  However, the State Board of Education shall adopt rules for a

 3  community college that has been authorized under this

 4  subsection to offer a specific baccalaureate degree program

 5  approved by the State Board of Education, that has become

 6  regionally accredited by the Commission on Colleges of the

 7  Southern Association of Colleges and Schools to offer that

 8  degree, and that has graduated the first class from the

 9  authorized degree program to offer other baccalaureate degree

10  programs that will articulate a specific associate in science

11  degree with a specific bachelor's in applied science degree.

12  Such rules must address academic standards, articulation, and

13  a plan for financial support of the program and may not exempt

14  a community college from s. 1004.65(7) or subsection (4) or

15  from the requirement to notify in writing the accredited

16  public and private colleges and universities in the community

17  college's district of its intent to deliver the proposed

18  program.

19         (4)  A formal agreement for the delivery of specified

20  baccalaureate degree programs by a regionally accredited

21  public or private college or university at a community college

22  site must include:

23         (a)  A guarantee that students will be able to complete

24  the degree in the community college district;

25         (b)  A financial commitment to the development,

26  implementation, and maintenance of the specified degree

27  program on behalf of the college or university which includes

28  timelines; and

29         (c)  A plan for collaboration in the development and

30  offering of the curriculum for the specified degree by both

31  faculty at the community college and at the college or


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 1  university. The curriculum for the specified degree must be

 2  developed and approved within 6 months, and the program shall

 3  be implemented within 12 months, after the agreement between

 4  the community college and the college or university is signed.

 5         (5)  A community college proposal to deliver a

 6  specified baccalaureate degree program must document that the

 7  community college has notified in writing the accredited

 8  public and private colleges and universities in the community

 9  college's district of its intent to seek approval for delivery

10  of the proposed program. The notified colleges and

11  universities have 90 days to submit in writing to the

12  community college an alternative plan for providing the

13  specified degree program.

14         Section 4.  Subsections (1), (2), and (3) of section

15  1009.23, Florida Statutes, are amended to read:

16         1009.23  Community college student fees.--

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

18  section applies apply only to fees charged for college credit

19  instruction leading to an associate in arts degree, an

20  associate in applied science degree, or an associate in

21  science degree, or a baccalaureate degree authorized by the

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

23  noncollege credit college-preparatory courses defined in s.

24  1004.02.

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

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

27  waived.

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

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

30  expensive cost structure than that of a state university.

31  Therefore, the board of trustees shall establish tuition and


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

 2  law and proviso language in the General Appropriations Act.

 3  However, the board of trustees may not increase tuition and

 4  out-of-state fees as provided in subsection (4). Identical

 5  fees shall be required for all community college resident

 6  students within a college who take a specific course,

 7  regardless of the program in which they are enrolled.

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

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

10  following fall for advanced and professional programs,

11  associate in science degree programs, baccalaureate degree

12  programs authorized by the State Board of Education pursuant

13  to s. 1007.33, and college-preparatory programs that produce

14  revenues in the amount of 25 percent of the full prior year's

15  cost of these programs. Fees for courses in

16  college-preparatory programs and associate in arts and

17  associate in science degree programs may be established at the

18  same level. In the absence of a provision to the contrary in

19  an appropriations act, the fee schedule shall take effect and

20  the colleges shall expend the funds on instruction.  If the

21  Legislature provides for an alternative fee schedule in an

22  appropriations act, the fee schedule shall take effect the

23  subsequent fall semester.

24         Section 5.  Section 1011.83, Florida Statutes, is

25  amended to read:

26         1011.83  Financial support of community colleges.--

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

28  the Department of Education and meets the requirements of law

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

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

31  workforce education programs conducted by community colleges


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 1  shall be provided pursuant to s. 1011.80. A community college

 2  may request funds from the Legislature in the State Board of

 3  Education legislative budget request for costs related to the

 4  initiation of a new baccalaureate degree program. The request

 5  for such funds may recognize the costs expected to be incurred

 6  until the Legislature provides full-time equivalent recurring

 7  funding based on actual FTE enrollment after the program has

 8  served both a junior and senior class in the new baccalaureate

 9  degree program. A community college that is authorized to

10  grant baccalaureate degrees under s. 1007.33 must receive

11  recurring operational funding:

12         (a)  As a community college for its workforce

13  development education programs and for its

14  lower-division-level college credit courses and programs

15  funded by the Community College Program Fund under this

16  section.

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

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

19  for these programs may not exceed 85 percent of the amount of

20  state support per full-time equivalent student in a comparable

21  state university program. Funds appropriated for this purpose

22  may be used only for the baccalaureate degree programs.

23         (2)  A community college that grants baccalaureate

24  degrees shall maintain reporting and funding distinctions

25  between any baccalaureate degree program approved under s.

26  1007.33 and any other baccalaureate degree programs involving

27  traditional concurrent-use partnerships.

28         Section 6.  Subsection (2) of section 1013.60, Florida

29  Statutes, is amended to read:

30         1013.60  Legislative capital outlay budget request.--

31  


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

 2  to the Legislature an integrated, comprehensive budget request

 3  for educational facilities construction and fixed capital

 4  outlay needs for school districts, community colleges, and

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

 6  applicable provisions of chapter 216. Each community college

 7  board of trustees and each university board of trustees shall

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

 9  the development of the annual capital outlay budget. Community

10  college boards of trustees may request funding for all

11  authorized programs, including approved baccalaureate degree

12  programs. Notwithstanding s. 1004.73(7) or any other provision

13  of law, such a request for funding must be submitted as a part

14  of the 3-year priority list for community colleges pursuant to

15  s. 1013.64(4)(a). Enrollment in approved baccalaureate degree

16  programs must be computed into the survey of need for

17  facilities. No Further disbursements may not shall be made

18  from the Public Education Capital Outlay and Debt Service

19  Trust Fund to a board of trustees that fails to timely submit

20  the required data until such board of trustees submits the

21  data.

22         Section 7.  Approval is granted for the endowment for

23  the Appleton Museum of Art, currently held by the Appleton

24  Cultural Center, Inc., to be transferred to the Central

25  Florida Community College Foundation. The endowment to be

26  transferred, which includes state matching funds, was

27  established in 1987 through the Cultural Arts Endowment

28  Program. By this provision, the Central Florida Community

29  College Foundation is authorized to manage the endowment only

30  for the support of the educational program at the Appleton

31  Museum of Art and is released from all other provisions of the


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 1  Trust Agreement dated July 17, 1987, by and between the State

 2  of Florida and the Appleton Cultural Center, Inc., and

 3  sections 265.601 through 265.607, Florida Statutes.

 4         Section 8.  Subsection (12) of section 1009.23, Florida

 5  Statutes, is amended to read:

 6         1009.23  Community college student fees.--

 7         (12)  In addition to tuition, out-of-state, financial

 8  aid, capital improvement, student activity and service, and

 9  technology fees authorized in this section, each community

10  college board of trustees is authorized to establish fee

11  schedules for the following user fees and fines: laboratory

12  fees; parking fees and fines; transportation fees; library

13  fees and fines; fees and fines relating to facilities and

14  equipment use or damage; access or identification card fees;

15  duplicating, photocopying, binding, or microfilming fees;

16  standardized testing fees; diploma replacement fees;

17  transcript fees; application fees; graduation fees; and late

18  fees related to registration and payment. Such user fees and

19  fines shall not exceed the cost of the services provided and

20  shall only be charged to persons receiving the service. A

21  community college may not charge any fee except as authorized

22  by law or rules of the State Board of Education. Parking fee

23  revenues may be pledged by a community college board of

24  trustees as a dedicated revenue source for the repayment of

25  debt, including lease-purchase agreements and revenue bonds

26  with terms not exceeding 20 years and not exceeding the useful

27  life of the asset being financed. Community colleges shall use

28  the services of the Division of Bond Finance of the State

29  Board of Administration to issue any revenue bonds authorized

30  by the provisions of this subsection. Any such bonds issued by

31  the Division of Bond Finance shall be in compliance with the


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 1  provisions of the State Bond Act. Bonds issued pursuant to the

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

 3  chapter 75. The complaint for such validation shall be filed

 4  in the circuit court of the county where the seat of state

 5  government is situated, the notice required to be published by

 6  s. 75.06 shall be published only in the county where the

 7  complaint is filed, and the complaint and order of the circuit

 8  court shall be served only on the state attorney of the

 9  circuit in which the action is pending.

10         Section 9.  This act shall take effect July 1, 2005.

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