HCB 6005 (for HBs 119, 167, 935, 1613, 1655, 1837, 1853)

1	A bill to be entitled
2	An act relating to enhanced student opportunities;
3	providing a popular name; amending s. 20.15, F.S.;
4	providing for appointment of a Deputy Commissioner of
5	Career Education in the Department of Education; amending
6	s. 446.032, F.S.; providing duties of the department
7	relating to apprenticeship programs and services;
8	repealing s. 446.609, F.S., relating to the Jobs for
9	Florida's Graduates program; amending s. 464.019, F.S.;
10	authorizing the Board of Nursing to change faculty-to-
11	student ratios only under certain circumstances; requiring
12	a study to evaluate rules regarding clinical instruction;
13	providing for assistance to approved nursing programs to
14	expand capacity; amending s. 464.0195, F.S.; requiring the
15	Florida Center for Nursing to develop and maintain an
16	information system; requiring an implementation plan;
17	amending s. 1001.02, F.S.; revising State Board of
18	Education duties with respect to developing a
19	postsecondary enrollment plan; requiring State Board of
20	Education rules that address baccalaureate degree programs
21	at community colleges; amending s. 1001.20, F.S.; creating
22	the Office of Career Education in the Department of
23	Education and providing responsibilities of the office;
24	amending s. 1001.64, F.S.; providing that community
25	colleges that grant baccalaureate degrees remain under the
26	authority of the State Board of Education with respect to
27	specified responsibilities; providing that the board of
28	trustees is the governing board for purposes of granting
29	baccalaureate degrees; providing powers of the boards of
30	trustees, including the power to establish tuition and
31	out-of-state fees; providing restrictions; requiring such
32	boards to adopt a policy requiring teachers who teach
33	certain upper-division courses to teach a specified
34	minimum number of hours; amending s. 1002.23, F.S.;
35	requiring guidelines for parents relating to the
36	availability of the online student advising and guidance
37	system and additional educational opportunities; amending
38	s. 1003.492, F.S., relating to industry-certified career
39	education programs; deleting obsolete provisions relating
40	to studies; amending and renumbering s. 1004.85, F.S.;
41	providing additional purposes for creation of educator
42	preparation institutes; creating s. 1004.226, F.S.;
43	defining the term "center of excellence"; providing
44	purposes and objectives of centers of excellence;
45	providing for proposals for establishing or expanding
46	centers of excellence; requiring the State Board of
47	Education to develop a plan recommending the establishment
48	or expansion of centers of excellence; requiring
49	reporting; amending s. 1004.65, F.S.; including community
50	colleges approved to offer baccalaureate degree programs
51	under authority to operate; requiring such community
52	colleges to maintain their primary mission and prohibiting
53	them from terminating associate degree programs;
54	prohibiting a community college from offering graduate
55	programs; amending s. 1004.68, F.S.; authorizing the
56	continued awarding of degrees, diplomas, and certificates
57	by community colleges approved to offer baccalaureate
58	degree programs; creating s. 1006.01, F.S.; requiring the
59	department to provide a secondary and postsecondary
60	academic and career education online student advising and
61	guidance system; providing requirements for such system;
62	amending s. 1006.02, F.S.; requiring documentation that
63	students have utilized the online student advising and
64	guidance system; amending s. 1006.025, F.S.; requiring
65	such documentation in guidance reports; amending s.
66	1007.2615, F.S.; revising provisions relating to
67	certification of American Sign Language teachers; amending
68	s. 1007.271, F.S.; specifying that dual enrollment courses
69	are creditable toward high school graduation; providing
70	for FTE calculation; conforming to law minimum academic
71	credits required for graduation; clarifying requirements
72	for participation of independent postsecondary
73	institutions in a dual enrollment program; providing for
74	fee exemption; amending s. 1007.33, F.S.; revising
75	requirements for a proposal by a community college to
76	deliver a baccalaureate degree program; requiring the
77	State Board of Education to make proposals available for
78	review and comment by other postsecondary educational
79	institutions and authorizing alternative proposals;
80	eliminating requirement for review and comment by the
81	Council for Education Policy Research and Improvement;
82	authorizing the State Board of Education to approve, deny,
83	or require revisions to proposals; requiring periodic
84	evaluation of approved programs; authorizing termination
85	of funding for certain approved programs; requiring
86	rulemaking; amending s. 1009.21, F.S.; revising provisions
87	relating to determination of resident status for tuition
88	purposes; providing for such determination for purpose of
89	assessing tuition for instruction in workforce education
90	programs offered by school districts; revising definitions
91	and updating terminology; revising requirements for
92	qualification as a resident; providing duties of
93	institutions of higher education and school districts;
94	providing for reclassification under certain
95	circumstances; classifying as residents certain employees
96	of international organizations; providing eligibility
97	criteria for certain students who are not permanent
98	residents of the United States for exemption from payment
99	of nonresident tuition; limiting enrollment and requiring
100	the department to administer the exemption program;
101	amending s. 1009.23, F.S.; providing guidelines and
102	restrictions for setting community college tuition and
103	out-of-state fees for upper-division courses; requiring
104	the State Board of Education to adopt a resident fee
105	schedule for baccalaureate degree programs offered by
106	community colleges; revising provisions relating to the
107	fee for capital improvements, technology enhancements, or
108	equipping student buildings and the use thereof; providing
109	requirements for the issuance and validation of bonds;
110	revising provisions relating to the allocation for child
111	care centers; amending s. 1009.24, F.S.; providing
112	responsibilities of the Legislature and state university
113	boards of trustees to establish tuition and fees;
114	providing restrictions; creating s. 1009.286, F.S.;
115	requiring students to pay 75 percent over the in-state
116	tuition rate for certain excess credit hours; restricting
117	certain credit hours for purpose of calculation; providing
118	for notice of requirements; amending s. 1009.40, F.S.;
119	providing general requirements for student eligibility for
120	tuition assistance grants; providing that certain students
121	are ineligible to receive more than one state-funded
122	tuition assistance grant; amending s. 1009.66, F.S.;
123	renaming the Nursing Student Loan Forgiveness Program and
124	transferring administration of the program to the
125	Department of Education; revising criteria for receiving
126	funds under the program and for repayment of loans;
127	requiring that certain nurses employed as faculty in an
128	approved nursing program be given priority in receiving
129	funds under the program; renaming the Nursing Student Loan
130	Forgiveness Trust Fund and transferring administration of
131	the trust fund to the Department of Education; authorizing
132	the adoption of rules; amending s. 1009.67, F.S.; renaming
133	the Nursing Scholarship Program and transferring
134	administration of the program to the Department of
135	Education; revising criteria for receiving funds under the
136	program; revising repayment provisions; requiring the
137	adoption of rules; creating s. 1009.895, F.S.; creating
138	the Florida Independent Collegiate Assistance Grant
139	Program; providing for program administration; authorizing
140	tuition assistance grants to certain postsecondary
141	education students enrolling in undergraduate degree
142	programs for specified occupations; providing institution
143	eligibility requirements; amending s. 1009.971, F.S.;
144	providing that the Florida Prepaid College Board shall
145	have the power to provide for the transfer of ownership of
146	an advance payment contract under the Florida Prepaid
147	College Program or a participation agreement under the
148	Florida College Savings Program upon inheritance, devise,
149	or bequest; providing procedures and requirements with
150	respect to such transfer of ownership; providing for
151	specification of application contents by rule; providing
152	applicability; amending ss. 1009.972, 1009.98, and
153	1009.981, F.S.; authorizing the transfer of funds retained
154	from terminated advance payment contracts, canceled
155	contracts, and terminated participation agreements to the
156	direct-support organization established under pt. IV of
157	ch. 1009, F.S., for use by the Florida Prepaid Tuition
158	Scholarship Program and for children of specified members
159	of the armed forces of the United States who die while
160	participating in the combat theater of operations for
161	Operation Iraqi Freedom or Operation Enduring Freedom;
162	deleting the requirement that an independent college or
163	university be a not-for-profit institution to be eligible
164	for transfer of benefits; providing a restriction on
165	transfer of benefits; amending s. 1011.62, F.S.; providing
166	for FTE calculation for dual enrollment instruction;
167	amending s. 1011.83, F.S.; providing for funding of
168	approved baccalaureate programs at community colleges;
169	providing for use of funds and reporting requirements;
170	creating pt. VI of ch. 1011, F.S.; establishing the
171	SUCCEED, FLORIDA! Crucial Professionals Program; providing
172	for the appropriation of funds to the Department of
173	Education to be distributed on a competitive basis to
174	postsecondary educational institutions to offer programs
175	that meet critical workforce needs; providing for a
176	request for proposals and requirements of such proposals;
177	requiring establishment annually by the Legislature of a
178	priority list; providing for funding of proposals;
179	providing requirements for grant recipients and renewal
180	grants; establishing the SUCCEED, FLORIDA! Crucial
181	Professionals Nursing Education Grant Program, a contract
182	grant program for increasing the capacity of approved
183	nursing programs; requiring the Department of Education to
184	establish guidelines and procedures; specifying
185	requirements for grant proposals; establishing priorities
186	for receipt of grants; providing for review, approval, and
187	funding of proposals; requiring the State Board of
188	Education to submit a report on implementation status;
189	establishing the SUCCEED, FLORIDA! Career Paths Program to
190	provide career and professional academy startup grants;
191	providing qualification criteria; establishing the
192	SUCCEED, FLORIDA! Great Jobs Program; providing for the
193	appropriation of funds to the Department of Education to
194	be distributed on a competitive basis to postsecondary
195	educational institutions to produce graduates to enter
196	certain occupations in the state; providing for a request
197	for proposals and requirements of such proposals;
198	requiring establishment annually by the Legislature of a
199	priority list; providing for funding of proposals;
200	providing requirements for grant recipients; amending s.
201	1012.82, F.S.; revising provisions relating to minimum
202	contact hours for community college faculty who teach
203	upper-division courses; amending s. 1013.60, F.S.;
204	allowing community college boards of trustees to request
205	funding for all authorized programs and specifying
206	requirements; requiring that enrollment in baccalaureate
207	degree programs be computed into the survey of need for
208	facilities; creating ch. 1014, F.S., relating to career
209	education; defining the term "career education"; providing
210	elements of the rigorous career education system;
211	providing guiding principles for career education;
212	establishing the position of Deputy Commissioner of Career
213	Education to direct the Office of Career Education in the
214	Department of Education and specifying qualifications for
215	the deputy commissioner; specifying responsibilities and
216	duties; providing legislative expectations and funding
217	criteria for the career education system; defining the
218	term "career and professional academy"; providing elements
219	and duties of a career and professional academy and for
220	certification thereof; requiring adoption of rules;
221	amending s. 215.20, F.S.; conforming provisions relating
222	to a trust fund; creating a program to offer discounted
223	computers and Internet access to public school students in
224	grades 5 through 12; requiring the department to negotiate
225	terms with computer manufacturers, nonprofit corporations
226	that obtain reconditioned computer hardware, and broadband
227	Internet access  providers; requiring the adoption of
228	rules; requiring the Digital Divide Council to implement a
229	pilot project to assist low-income students with
230	purchasing discounted computers and Internet access
231	services; providing for funding and authorizing the
232	council to accept grants to implement the pilot project;
233	requiring the Office of Program Policy Analysis and
234	Government Accountability to study implementation of
235	career and professional academies and make
236	recommendations; requiring a study and report by the
237	Office of Program Policy Analysis and Government
238	Accountability relating to student progression in state
239	universities; requiring the department to identify
240	specified examinations for earning postsecondary credit
241	for mastery of nursing course material; requiring a status
242	report; authorizing the position of Deputy Commissioner of
243	Career Education and providing an appropriation; requiring
244	the transfer of positions and funds for the creation of
245	the Office of Career Education; providing for a type two
246	transfer with respect to nursing loan programs; requiring
247	the convening of a workgroup to make recommendations
248	regarding bachelor of applied science degree programs;
249	requiring a report; approving a transfer of an endowment
250	from the Appleton Cultural Center, Inc., to the Central
251	Florida Community College Foundation; providing
252	restrictions on the management of the endowment; releasing
253	the foundation from a trust agreement and statutory
254	requirements; providing an effective date.
255
256	Be It Enacted by the Legislature of the State of Florida:
257
258	Section 1.  This act may be cited as the "SUCCEED, FLORIDA!
259	Initiative."
260	Section 2.  Subsections (3), (4), (5), (6), and (7) of
261	section 20.15, Florida Statutes, are renumbered as subsections
262	(4), (5), (6), (7), and (8), respectively, and a new subsection
263	(3) is added to said section to read:
264	20.15  Department of Education.--There is created a
265	Department of Education.
266	(3)  DEPUTY COMMISSIONER OF CAREER EDUCATION.--The
267	Commissioner of Education shall appoint a Deputy Commissioner of
268	Career Education pursuant to s. 1014.15 to direct the Office of
269	Career Education established in s. 1001.20(4).
270	Section 3.  Subsection (2) of section 446.032, Florida
271	Statutes, is renumbered as subsection (3) and a new subsection
272	(2) is added to said section to read:
273	446.032  General duties of the department for
274	apprenticeship training.--The department shall:
275	(2)(a)  Encourage partnerships with registered
276	apprenticeship programs as a means to address the community's
277	labor market training needs.
278	(b)  Require contracts between local educational agencies
279	and apprenticeship sponsors to delineate:
280	1.  The scope of services, including, but not limited to,
281	each party's specific obligations regarding the provision of
282	equipment, materials, instructors, classroom space, facilities,
283	labs, or money.
284	2.  Service level agreements, including appropriate
285	performance measures.
286	3.  A detailed description of the direct cost for each
287	service to be delivered pursuant to the scope of services.
288
289	This paragraph shall not be interpreted to require that any
290	services or materials must be provided by an apprenticeship
291	sponsor if not required in a contract or that payments must be
292	made by a local educational agency to an apprenticeship sponsor
293	for any services or materials other than those required to be
294	delivered pursuant to a contract.
295	Section 4.  Section 446.609, Florida Statutes, is repealed.
296	Section 5.  Subsection (2) of section 464.019, Florida
297	Statutes, is amended, and subsection (8) is added to said
298	section, to read:
299	464.019  Approval of nursing programs.--
300	(2)(a)  The board shall adopt rules, applicable to initial
301	review and conditional approval of a program, regarding
302	educational objectives, faculty qualifications, curriculum
303	guidelines, administrative procedures, and clinical training. An
304	applicant institution shall comply with such rules in order to
305	obtain conditional program approval. No program shall be
306	considered fully approved, nor shall any program be exempted
307	from such rules, prior to the graduation of the program's first
308	class.
309	(b)  The board shall adopt rules regarding educational
310	objectives and curriculum guidelines as are necessary to grant
311	full approval to a program and to ensure that fully approved
312	programs graduate nurses capable of competent practice under
313	this part. Rules regarding educational objectives shall consider
314	student attrition rate standards, availability of qualified
315	faculty, and appropriate clinical training facilities. However,
316	the board shall adopt no rule that prohibits a qualified
317	institution from placing a student in a facility for clinical
318	experience, regardless of whether more than one nursing program
319	is using the same facility for clinical experience.
320	(c)  The board shall adopt rules governing probation,
321	suspension, and termination status of programs that fail to
322	comply with the standards of this part.
323	(d)  The board shall not adopt any rule limiting the number
324	of students admitted to a nursing program, provided appropriate
325	faculty-to-student ratios are maintained, and provided the board
326	shall not enact any changes to faculty-to-student ratios that
327	have the effect of limiting capacity in approved nursing
328	programs unless such changes are based in scientific research
329	prior to 2004.
330	(e)  The board, in conjunction with the Florida Center for
331	Nursing, shall conduct a study of research literature to
332	evaluate existing rules regarding clinical instruction,
333	including an assessment of expanding the use of qualified
334	registered nurses as supervisors and simulation as effective
335	ways to maximize the opportunities for clinical experiences.
336	(8)  The board shall work with the Department of Health,
337	the Department of Education, and the Florida Center for Nursing
338	to assist any approved nursing program with increasing capacity
339	to produce more nurses to enter the workforce in the state. Such
340	assistance may include, but is not limited to:
341	(a)  Identifying strategies for reducing the demands of
342	nonclinical requirements on nursing faculty, including
343	consolidating core requirements across nursing majors and tracks
344	and identifying courses that are taught in other health and
345	medical fields that could be jointly offered, taught by non-
346	nurse faculty, or substituted for nursing courses.
347	(b)  Developing alternative models of clinical education
348	that reduce the burden on nursing faculty, including expanding
349	the use of preceptors, providing more clinical instruction as a
350	concentrated clinical experience later in the program, and
351	increasing the use of simulators.
352	Section 6.  Subsections (4) and (5) are added to section
353	464.0195, Florida Statutes, to read:
354	464.0195  Florida Center for Nursing; goals; information
355	system.--
356	(4)  The Florida Center for Nursing, in collaboration with
357	the Department of Health, the Agency for Health Care
358	Administration, the Agency for Workforce Innovation, and the
359	Department of Education, and in consultation with the Office of
360	Program Policy Analysis and Government Accountability, shall
361	develop and maintain an information system to assess the
362	workforce needs of the nursing profession in the state. The
363	information system shall be designed to enable the center to
364	produce reliable, comparable, and comprehensive data on the
365	nursing workforce in the state; identify potential nursing
366	shortages and the areas in which they may occur; assess the
367	productivity of approved nursing programs, especially in
368	responding to identified workforce needs; and establish a
369	registry to link approved nursing programs that need additional
370	clinical sites or faculty to expand their capacity with licensed
371	health care providers that may be able to assist in meeting such
372	needs. Data to support the information system may be collected
373	as part of the initial and renewal licensure process for both
374	individuals and health care facilities and as part of the Board
375	of Nursing program approval process. No later than November 1,
376	2005, the Florida Center for Nursing shall submit to the
377	President of the Senate and the Speaker of the House of
378	Representatives an implementation plan for the information
379	system, including projected cost and recommended rule changes
380	that may be required to collect the information necessary for
381	the system to be successful.
382	(5)  The information system required by subsection (4)
383	shall be implemented to the extent funded in the General
384	Appropriations Act.
385	Section 7.  Paragraph (v) of subsection (2) of section
386	1001.02, Florida Statutes, is amended, and paragraph (i) is
387	added to subsection (7) of said section, to read:
388	1001.02  General powers of State Board of Education.--
389	(2)  The State Board of Education has the following duties:
390	(v)  To develop, with input from the Board of Governors and
391	the independent postsecondary educational institutions in the
392	state and periodically review for adjustment, a coordinated 5-
393	year plan for postsecondary enrollment and annually submit the
394	plan to the Legislature. The plan shall indicate the capacity of
395	each sector, including state universities, community colleges,
396	postsecondary career centers, and independent postsecondary
397	educational institutions, to respond to the planned enrollment
398	and estimate the costs to the state of expanding capacity if
399	necessary to accommodate the enrollment plan. The plan shall be
400	periodically reviewed for adjustment and submitted to the
401	Governor, the President of the Senate, and the Speaker of the
402	House of Representatives no later than December 1 of each year.
403	(7)  The State Board of Education shall:
404	(i)  Adopt by rule policies that address the baccalaureate
405	degree programs at community colleges approved pursuant to s.
406	1007.33, including, but not limited to, reporting policies and
407	performance accountability requirements for both upper-division
408	and lower-division programs.
409	Section 8.  Paragraph (f) is added to subsection (4) of
410	section 1001.20, Florida Statutes, to read:
411	1001.20  Department under direction of state board.--
412	(4)  The Department of Education shall establish the
413	following offices within the Office of the Commissioner of
414	Education which shall coordinate their activities with all other
415	divisions and offices:
416	(f)  Office of Career Education.--Responsible for
417	evaluating the effectiveness of public and private secondary and
418	postsecondary education programs in providing rigorous career
419	education; developing in partnership with the business community
420	and Workforce Florida, Inc., a marketing plan for secondary and
421	postsecondary career education, including career and
422	professional academies, to attract secondary and postsecondary
423	students into careers of critical state need; promoting seamless
424	articulation throughout the career education system; and
425	administering the SUCCEED, FLORIDA! Career Paths Program
426	pursuant to s. 1011.97.
427	Section 9.  Subsections (1), (2), and (8) of section
428	1001.64, Florida Statutes, are amended to read:
429	1001.64  Community college boards of trustees; powers and
430	duties.--
431	(1)  The boards of trustees shall be responsible for
432	cost-effective policy decisions appropriate to the community
433	college's mission, the implementation and maintenance of
434	high-quality education programs within law and rules of the
435	State Board of Education, the measurement of performance, the
436	reporting of information, and the provision of input regarding
437	state policy, budgeting, and education standards. Community
438	colleges may grant baccalaureate degrees pursuant to s. 1007.33
439	and shall remain under the authority of the State Board of
440	Education in accordance with current statutory provisions
441	relating to community colleges as defined in s. 1000.21.
442	(2)  Each board of trustees is vested with the
443	responsibility to govern its respective community college and
444	with such necessary authority as is needed for the proper
445	operation and improvement thereof in accordance with rules of
446	the State Board of Education. This authority includes serving as
447	the governing board for purposes of granting baccalaureate
448	degrees as authorized in s. 1007.33 and approved by the State
449	Board of Education.
450	(8)  Each board of trustees has authority for policies
451	related to students, enrollment of students, student records,
452	student activities, financial assistance, and other student
453	services.
454	(a)  Each board of trustees shall govern admission of
455	students pursuant to s. 1007.263 and rules of the State Board of
456	Education. A board of trustees may establish additional
457	admissions criteria, which shall be included in the district
458	interinstitutional articulation agreement developed according to
459	s. 1007.235, to ensure student readiness for postsecondary
460	instruction. Each board of trustees may consider the past
461	actions of any person applying for admission or enrollment and
462	may deny admission or enrollment to an applicant because of
463	misconduct if determined to be in the best interest of the
464	community college.
465	(b)  Each board of trustees shall adopt rules establishing
466	student performance standards for the award of degrees and
467	certificates pursuant to s. 1004.68. The board of trustees of a
468	community college that is authorized to grant a baccalaureate
469	degree under s. 1007.33 may continue to award degrees, diplomas,
470	and certificates as authorized for the college, and in the name
471	of the college, until the college receives any necessary changes
472	to its accreditation.
473	(c)  Each board of trustees shall establish tuition and
474	out-of-state fees for approved baccalaureate degree programs,
475	consistent with law and proviso language in the General
476	Appropriations Act.
477	(d)(c)  Boards of trustees are authorized to establish
478	intrainstitutional and interinstitutional programs to maximize
479	articulation pursuant to s. 1007.22.
480	(e)(d)  Boards of trustees shall identify their core
481	curricula, which shall include courses required by the State
482	Board of Education, pursuant to the provisions of s. 1007.25(6).
483	(f)(e)  Each board of trustees must adopt a written
484	antihazing policy, provide a program for the enforcement of such
485	rules, and adopt appropriate penalties for violations of such
486	rules pursuant to the provisions of s. 1006.63(1)-(3).
487	(g)(f)  Each board of trustees may establish a uniform code
488	of conduct and appropriate penalties for violation of its rules
489	by students and student organizations, including rules governing
490	student academic honesty. Such penalties, unless otherwise
491	provided by law, may include fines, the withholding of diplomas
492	or transcripts pending compliance with rules or payment of
493	fines, and the imposition of probation, suspension, or
494	dismissal.
495	(h)(g)  Each board of trustees pursuant to s. 1006.53 shall
496	adopt a policy in accordance with rules of the State Board of
497	Education that reasonably accommodates the religious observance,
498	practice, and belief of individual students in regard to
499	admissions, class attendance, and the scheduling of examinations
500	and work assignments.
501	(i)  Each board of trustees shall adopt a policy providing
502	that faculty who teach upper-division courses that are a
503	component part of a baccalaureate degree program must meet the
504	requirements of s. 1012.82.
505	Section 10.  Paragraphs (a) and (d) of subsection (2) of
506	section 1002.23, Florida Statutes, are amended to read:
507	1002.23  Family and School Partnership for Student
508	Achievement Act.--
509	(2)  To facilitate meaningful parent and family
510	involvement, the Department of Education shall develop
511	guidelines for a parent guide to successful student achievement
512	which describes what parents need to know about their child's
513	educational progress and how they can help their child to
514	succeed in school. The guidelines shall include, but need not be
515	limited to:
516	(a)  Parental information regarding:
517	1.  Requirements for their child to be promoted to the next
518	grade, as provided for in s. 1008.25;
519	2.  Progress of their child toward achieving state and
520	district expectations for academic proficiency;
521	3.  Assessment results, including report cards and progress
522	reports; and
523	4.  Qualifications of their child's teachers; and
524	5.  Availability of the secondary and postsecondary
525	academic and career education online student advising and
526	guidance system described in s. 1006.01;
527	(d)  Opportunities for parents to learn about rigorous
528	academic programs that may be available for their child, such as
529	honors programs, dual enrollment, advanced placement,
530	International Baccalaureate, Florida Virtual High School
531	courses, career and professional academies, and accelerated
532	access to postsecondary education;
533	Section 11.  Section 1003.492, Florida Statutes, is amended
534	to read:
535	1003.492  Industry-certified career education programs.--
536	(1)  A career education program within a comprehensive high
537	school program of study shall be coordinated with the
538	appropriate industry indicating that all components of the
539	program are relevant and appropriate to prepare the student for
540	further education or for employment in that industry.
541	(2)  The State Board of Education shall adopt rules
542	pursuant to ss. 120.536(1) and 120.54 for implementing an
543	industry certification process, which rules must establish any
544	necessary procedures for obtaining appropriate business partners
545	and requirements for business and industry involvement in
546	curriculum oversight and equipment procurement.
547	(3)  The Department of Education shall study student
548	performance in industry-certified career education programs. The
549	department shall identify districts that currently operate
550	industry-certified career education programs. The study shall
551	examine the performance of participating students over time.
552	Performance factors shall include, but not be limited to,
553	graduation rates, retention rates, additional educational
554	attainment, employment records, earnings, and industry
555	satisfaction. The results of this study shall be submitted to
556	the President of the Senate and the Speaker of the House of
557	Representatives by December 31, 2004.
558	(4)  The Department of Education shall conduct a study to
559	determine if a cost factor should be applied to industry-
560	certified career education programs and review the need for
561	startup funding for the programs. The study shall be completed
562	by December 31, 2004, and shall be submitted to the President of
563	the Senate and the Speaker of the House of Representatives.
564	Section 12.  Section 1004.85, Florida Statutes, is
565	renumbered as section 1004.045, Florida Statutes, and paragraphs
566	(e), (f), and (g) are added to subsection (2) of said section to
567	read:
568	1004.045 1004.85  Postsecondary educator preparation
569	institutes.--
570	(2)  Postsecondary institutions that are accredited or
571	approved as described in state board rule may seek approval from
572	the Department of Education to create educator preparation
573	institutes for the purpose of providing any or all of the
574	following:
575	(e)  Instruction to assist associate degree holders who
576	have business experience in demonstrating teaching competencies
577	for career education courses in the specific area relating to
578	their business experience.
579	(f)  Professional development instruction to assist career
580	education teachers in delivering a career education curriculum
581	in a relevant context with student-centered, research-based
582	instructional strategies and a rigorous standards-based academic
583	curriculum.
584	(g)  Professional development instruction to assist
585	guidance counselors in using a mentor-teacher guidance model.
586	Section 13.  Section 1004.226, Florida Statutes, is created
587	to read:
588	1004.226  Florida technology development; centers of
589	excellence.--
590	(1)  The term "center of excellence," as used in this
591	section, means an organization of personnel, facilities, and
592	equipment established at or in collaboration with one or more
593	universities in Florida to accomplish the purposes and
594	objectives set forth in this section. The purposes and
595	objectives of a center of excellence include:
596	(a)  Identifying and pursuing opportunities for university
597	scholars, research center scientists and engineers, and private
598	businesses to form collaborative partnerships to foster and
599	promote the research required to develop commercially promising,
600	advanced, and innovative technologies and to transfer those
601	technologies to commercial sectors.
602	(b)  Acquiring and leveraging public and private sector
603	funding to provide the totality of funds, personnel, facilities,
604	equipment, and other resources needed to support the research
605	required to develop commercially promising, advanced, and
606	innovative technologies and to transfer those technologies to
607	commercial sectors.
608	(c)  Recruiting and retaining world class scholars, high-
609	performing students, and leading scientists and engineers in
610	technology disciplines to engage in research in this state to
611	develop commercially promising, advanced, and innovative
612	technologies.
613	(d)  Enhancing and expanding technology curricula and
614	laboratory resources at universities in this state.
615	(e)  Increasing the number of high-performing students in
616	technology disciplines who graduate from universities in this
617	state and pursue careers in this state.
618	(f)  Stimulating and supporting the inception, growth, and
619	diversification of technology-based businesses and ventures in
620	Florida and increasing employment opportunities for the
621	workforce needed to support such businesses.
622	(2)  The State Board of Education shall notify the
623	president of each university in the state of the opportunity to
624	submit to the state board a written proposal for establishing a
625	center of excellence under this section or expanding a center of
626	excellence designated under former s. 1004.225. A proposal from
627	a university must be submitted to the state board before
628	November 1, 2005.
629	(3)(a)  By February 15, 2006, the State Board of Education,
630	in consultation with the Florida Research Consortium, shall
631	develop a plan for establishing or expanding one or more centers
632	of excellence from proposals submitted pursuant to subsection
633	(2) and shall authorize expenditures for implementing the plan.
634	(b)  The plan must include performance and accountability
635	measures that can be used to assess the progress of plan
636	implementation and the success of each center of excellence that
637	receives funding under the plan. By March 1, 2006, the State
638	Board of Education shall provide a copy of the plan to the
639	Governor, the President of the Senate, and the Speaker of the
640	House of Representatives.
641	(4)  Beginning July 1, 2006, the State Board of Education
642	shall report annually to the Governor, the President of the
643	Senate, and the Speaker of the House of Representatives on the
644	progress in implementing the plan developed under subsection (3)
645	and the success of each center of excellence that receives
646	funding under that plan.
647	(5)  This program shall be implemented to the extent funds
648	are provided in the General Appropriations Act.
649	Section 14.  Subsection (1), paragraph (a) of subsection
650	(7), and subsection (9) of section 1004.65, Florida Statutes,
651	are amended, and subsection (10) is added to said section, to
652	read:
653	1004.65  Community colleges; definition, mission, and
654	responsibilities.--
655	(1)  Community colleges shall consist of all public
656	educational institutions identified in s. 1000.21(3). Community
657	colleges, including colleges that have been approved to offer
658	baccalaureate degree programs pursuant to s. 1007.33, shall be
659	operated by community college district boards of trustees under
660	statutory authority and rules of the State Board of Education.
661	Except as otherwise provided in law, all laws and rules that
662	relate to community colleges apply to community colleges
663	authorized to offer baccalaureate degree programs pursuant to s.
664	1007.33.
665	(7)  A separate and secondary role for community colleges
666	includes:
667	(a)  Providing upper level instruction and awarding
668	baccalaureate degrees as specifically authorized by law. A
669	community college that is approved to offer baccalaureate degree
670	programs shall maintain its primary mission pursuant to
671	subsection (6) and may not terminate associate in arts or
672	associate in science degree programs as a result of the
673	authorization to offer baccalaureate degree programs.
674	(9)  Community colleges are authorized to offer such
675	programs and courses as are necessary to fulfill their mission
676	and are authorized to grant associate in arts degrees, associate
677	in science degrees, associate in applied science degrees,
678	certificates, awards, and diplomas. Each community college is
679	also authorized to make provisions for the General Educational
680	Development test. Each community college may provide access to
681	and award baccalaureate degrees in accordance with law.
682	(10)  A community college may not offer graduate programs.
683	Section 15.  Subsection (3) is added to section 1004.68,
684	Florida Statutes, to read:
685	1004.68  Community college; degrees and certificates; tests
686	for certain skills.--
687	(3)  The board of trustees of a community college
688	authorized to grant baccalaureate degrees pursuant to s. 1007.33
689	may continue to award degrees, diplomas, and certificates as
690	authorized for the college, and in the name of the college,
691	until the community college receives any necessary changes to
692	its accreditation.
693	Section 16.  Section 1006.01, Florida Statutes, is created
694	to read:
695	1006.01  Enhanced secondary and postsecondary academic and
696	career education online student advising and guidance
697	system.--The Department of Education shall enhance the student
698	advising system described in s. 1007.28 into a secondary and
699	postsecondary academic and career education online student
700	advising and guidance system. In addition to the requirements of
701	s. 1007.28, the enhanced system must:
702	(1)  Provide access to information from regional workforce
703	boards on local careers and careers that are critical state
704	needs and the secondary and postsecondary career education
705	necessary to enter these careers.
706	(2)  Provide continuous secondary and postsecondary career
707	education guidance beginning in middle school and store student
708	information until completion of the student's education.
709	Section 17.  Subsection (1) of section 1006.02, Florida
710	Statutes, is amended to read:
711	1006.02  Provision of information to students and parents
712	regarding school-to-work transition.--
713	(1)  To facilitate each student's ability to easily and
714	seamlessly combine academic and rigorous career education
715	courses throughout the educational experience, each school
716	district all public K-12 schools shall document as part of its
717	guidance report required pursuant to s. 1006.025 that every
718	middle and high school student has used the secondary and
719	postsecondary academic and career education online student
720	advising and guidance system described in s. 1006.01 as part of
721	the student's career exploration and planning process. The
722	report must include the manner in which they have prepared
723	students to enter the workforce, including information regarding
724	the provision of accurate, timely career and curricular
725	counseling to middle school and high school students. This
726	information shall include a delineation of available career
727	opportunities, educational requirements associated with each
728	career, educational institutions that prepare students to enter
729	each career, and student financial aid available to enable
730	students to pursue any postsecondary instruction required to
731	enter that career. This information shall also delineate school
732	procedures for identifying individual student interests and
733	aptitudes which enable students to make informed decisions about
734	the curriculum that best addresses their individual interests
735	and aptitudes while preparing them to enroll in postsecondary
736	education and enter the workforce. This information shall
737	include recommended high school coursework that prepares
738	students for success in college-level work. The information
739	shall be made known to parents and students annually through
740	inclusion in the school's handbook, manual, or similar documents
741	or other communications regularly provided to parents and
742	students.
743	Section 18.  Paragraph (f) of subsection (2) of section
744	1006.025, Florida Statutes, is amended to read:
745	1006.025  Guidance services.--
746	(2)  The guidance report shall include, but not be limited
747	to, the following:
748	(f)  Actions taken to provide information to students for
749	the school-to-work transition and documentation that every
750	middle and high school student has used the secondary and
751	postsecondary academic and career education online student
752	advising and guidance system described in s. 1006.01 for the
753	student's career exploration and planning process pursuant to s.
754	1006.02.
755	Section 19.  Paragraph (c) of subsection (3) of section
756	1007.2615, Florida Statutes, is amended to read:
757	1007.2615  American Sign Language; findings; foreign-
758	language credits authorized; teacher licensing.--
759	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
760	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
761	FOR POSTSECONDARY EDUCATION PROVIDERS.--
762	(c)  An ASL teacher must be certified by the Department of
763	Education by January 1, 2009 2008, and must obtain current
764	certification through the Florida American Sign Language
765	Teachers' Association (FASLTA) by January 1, 2006. New FASLTA
766	certification may be used by current ASL teachers as an
767	alternative certification track.
768	Section 20.  Subsection (1), (2), (4), (5), (6), (11), and
769	(13) of section 1007.271, Florida Statutes, are amended to read:
770	1007.271  Dual enrollment programs.--
771	(1)  The dual enrollment program is the enrollment of an
772	eligible secondary student or home education student in a
773	postsecondary course creditable toward high school completion
774	and a career certificate or an associate or baccalaureate
775	degree.
776	(2)  For the purpose of this section, an eligible secondary
777	student is a student who is enrolled in a Florida public
778	secondary school or in a Florida private secondary school which
779	is in compliance with s. 1002.42(2) and conducts a secondary
780	curriculum pursuant to s. 1003.43. Students enrolled in
781	postsecondary instruction that is not creditable toward the high
782	school diploma shall not be classified as dual enrollments.
783	Students who are eligible for dual enrollment pursuant to this
784	section shall be permitted to enroll in dual enrollment courses
785	conducted during school hours, after school hours, and during
786	the summer term. Instructional time for such enrollment may
787	exceed 900 hours; however, the school district may only report
788	the student for a maximum of 1.0 FTE, as provided in s.
789	1011.61(4). Dual enrollment instruction of high school students
790	that is eligible for high school and postsecondary credit shall
791	be reported by the school district in an amount equal to the
792	hours of instruction that would be necessary to earn the FTE
793	for the equivalent course if it were taught in the school
794	district. Any student so enrolled is exempt from the payment of
795	registration, tuition, and laboratory fees. Vocational-
796	preparatory instruction, college-preparatory instruction and
797	other forms of precollegiate instruction, as well as physical
798	education courses that focus on the physical execution of a
799	skill rather than the intellectual attributes of the activity,
800	are ineligible for inclusion in the dual enrollment program.
801	Recreation and leisure studies courses shall be evaluated
802	individually in the same manner as physical education courses
803	for potential inclusion in the program.
804	(4)  Career dual enrollment shall be provided as a
805	curricular option for secondary students to pursue in order to
806	earn a series of elective credits toward the high school
807	diploma. However, career dual enrollment shall not supplant
808	student acquisition of the diploma. Career dual enrollment shall
809	be available for secondary students seeking a degree or
810	certificate from a complete career-preparatory program and shall
811	not be used to enroll students, but shall not sustain student
812	enrollment in isolated career courses. It is the intent of the
813	Legislature that career dual enrollment provide reflect the
814	interests and aptitudes of the student. The provision of a
815	comprehensive academic and career dual enrollment program within
816	the career center or community college is supportive of
817	legislative intent; however, such provision is not mandatory.
818	(5)  Each district school board shall inform all secondary
819	students of dual enrollment as an educational option and
820	mechanism for acceleration. Students shall be informed of
821	eligibility criteria, the option for taking dual enrollment
822	courses beyond the regular school year, and the 24 minimum
823	academic credits required for graduation. District school boards
824	shall annually assess the demand for dual enrollment and other
825	advanced courses, and the district school board shall consider
826	strategies and programs to meet that demand.
827	(6)  The Commissioner of Education shall appoint faculty
828	committees representing public school, community college, and
829	university faculties to identify postsecondary courses that meet
830	the high school graduation requirements of s. 1003.43, and to
831	establish the number of postsecondary semester credit hours of
832	instruction and equivalent high school credits earned through
833	dual enrollment pursuant to this section that are necessary to
834	meet high school graduation requirements. Such equivalencies
835	shall be determined solely on comparable course content and not
836	on seat time traditionally allocated to such courses in high
837	school. The Commissioner of Education shall recommend to the
838	State Board of Education those postsecondary courses identified
839	to meet high school graduation requirements, based on mastery of
840	course outcomes, by their statewide course numbers number, and
841	all high schools shall accept these postsecondary education
842	courses toward meeting the requirements of s. 1003.43.
843	(11)  The Department of Education shall approve any course
844	for inclusion in the dual enrollment program that is contained
845	within the statewide course numbering system. However, college-
846	preparatory and other forms of precollegiate instruction, and
847	physical education and other courses that focus on the physical
848	execution of a skill rather than the intellectual attributes of
849	the activity, may not be so approved, but must be evaluated
850	individually for potential inclusion in the dual enrollment
851	program. This subsection does not mean that an independent
852	postsecondary institution eligible for inclusion in a dual
853	enrollment or early admission program pursuant to s. 1011.62
854	must participate in the statewide course numbering system
855	developed pursuant to s. 1007.24 to participate in a dual
856	enrollment program.
857	(13)  It is the intent of the Legislature that Students who
858	meet the eligibility requirements of this section subsection and
859	who choose to participate in dual enrollment programs are be
860	exempt from the payment of registration, tuition, and laboratory
861	fees.
862	Section 21.  Section 1007.33, Florida Statutes, is amended
863	to read:
864	1007.33  Site-determined baccalaureate degree access.--
865	(1)  The Legislature recognizes that public and private
866	postsecondary educational institutions play essential roles in
867	improving the quality of life and economic well-being of the
868	state and its residents. The Legislature also recognizes that
869	economic development needs and the educational needs of place-
870	bound, nontraditional students have increased the demand for
871	local access to baccalaureate degree programs. In some, but not
872	all, geographic regions, baccalaureate degree programs are being
873	delivered successfully at the local community college through
874	agreements between the community college and 4-year
875	postsecondary institutions within or outside of the state. It is
876	therefore the intent of the Legislature to further expand access
877	for Florida residents to baccalaureate degree programs and to
878	provide baccalaureate degree programs that meet critical
879	workforce needs through the use of community colleges.
880	(2)  A community college may enter into a formal agreement
881	pursuant to the provisions of s. 1007.22 for the delivery of
882	specified baccalaureate degree programs.
883	(3)  A community college may develop a proposal to deliver
884	specified baccalaureate degree programs in its district to meet
885	local workforce needs or to expand access to postsecondary
886	education for diverse, nontraditional, or geographically bound
887	students. The proposal must be approved by the board of trustees
888	of the community college.
889	(a)  To be eligible to receive state funding to support the
890	proposed program at the baccalaureate level, the proposal must
891	be submitted to the State Board of Education for approval in
892	accordance with timelines and guidelines adopted by the state
893	board and. The community college's proposal must include the
894	following information:
895	1.(a)  Documentation of the demand for the baccalaureate
896	degree program as is identified by the workforce development
897	board, local businesses and industry, local chambers of
898	commerce, and potential students who must be residents of the
899	state.
900	2.(b)  Documentation of the unmet need for graduates of the
901	proposed degree program is substantiated.
902	3.(c)  Documentation that the community college has the
903	facilities and academic resources to deliver the program.
904	4.  Documentation that alternative attempts were made to
905	meet the identified need, such as distance learning and
906	partnerships with other public or private postsecondary
907	educational institutions, or justification for not pursuing such
908	alternatives.
909	5.  A 5-year financial plan that details steps to ensure
910	that the per-credit-hour costs of the program at the end of the
911	5-year period will be less than the costs of similar programs at
912	state universities.
913	(b)  Upon receipt of a proposal submitted pursuant to
914	paragraph (a), the State Board of Education must make the
915	proposal available to other public and private postsecondary
916	educational institutions for 60 days for review and comment,
917	including the opportunity for such institutions to submit
918	alternative proposals to the State Board of Education for
919	meeting the stated need.
920	(c)  The State Board of Education may approve, deny, or
921	require revisions to a proposal submitted by a community college
922	pursuant to paragraph (a) or an alternative proposal submitted
923	pursuant to paragraph (b).
924
925	A The proposal must be submitted to the Council for Education
926	Policy Research and Improvement for review and comment. Upon
927	approval of the State Board of Education for the specific degree
928	program or programs, the community college approved to offer
929	baccalaureate degrees pursuant to this subsection shall pursue
930	regional accreditation by the Commission on Colleges of the
931	Southern Association of Colleges and Schools. Any additional
932	baccalaureate degree program programs the community college
933	wishes to offer must be approved by the State Board of Education
934	pursuant to the process outlined in this subsection in order for
935	the community college to receive state funding for the program
936	at the baccalaureate level.
937	(4)  Any baccalaureate degree program authorized at a
938	community college pursuant to the provisions of this section
939	must be evaluated by the board of trustees of the community
940	college every 5 years to determine the cost-effectiveness of the
941	program, the effectiveness of the program in providing access to
942	baccalaureate degrees for Florida residents and meeting local
943	workforce needs, and the impact of the program on the college's
944	primary mission of providing associate degrees. A copy of the
945	evaluation must be submitted to the State Board of Education,
946	the Executive Office of the Governor, the President of the
947	Senate, and the Speaker of the House of Representatives.
948	Programs that have excessive per-credit-hour costs, fail to
949	provide meaningful access to baccalaureate degrees for Florida
950	residents, no longer meet workforce needs, or hinder a community
951	college's primary mission may lose eligibility for state funding
952	as a baccalaureate degree program.
953	(5)(4)  A community college may not terminate its associate
954	in arts or associate in science degree programs as a result of
955	the authorization provided pursuant to this section in
956	subsection (3). The Legislature intends that the primary mission
957	of a community college, including a community college that
958	offers baccalaureate degree programs, continues to be the
959	provision of associate degrees that provide access to a
960	university.
961	(6)  The State Board of Education shall adopt rules to
962	administer this section.
963	Section 22.  Section 1009.21, Florida Statutes, is amended
964	to read:
965	1009.21  Determination of resident status for tuition
966	purposes; exemption.--Students shall be classified as residents
967	or nonresidents for the purpose of assessing tuition in
968	community colleges and state universities and for the purpose of
969	assessing tuition for instruction in workforce education
970	programs offered by school districts.
971	(1)  As used in this section, the term:
972	(a)  The term "Dependent child" means any person, whether
973	or not living with his or her parent, who is eligible to be
974	claimed by his or her parent as a dependent under the federal
975	income tax code and who receives at least 51 percent of the true
976	cost-of-living expenses from his or her parent, as further
977	defined in rules of the department and postsecondary residential
978	guidelines.
979	(b)  "Initial enrollment" means the first day of class.
980	(c)(b)  The term "Institution of higher education" means
981	any public community college or state university.
982	(d)(c)  A "Legal resident" or "resident" means is a person
983	who has maintained his or her residence in this state for the
984	preceding year, has purchased a home which is occupied by him or
985	her as his or her residence, or has established a domicile in
986	this state pursuant to s. 222.17.
987	(e)  "Nonresident for tuition purposes" means a person who
988	does not qualify for the in-state tuition rate.
989	(f)(d)  The term "Parent" means the natural or adoptive
990	parent or legal guardian of a dependent child.
991	(g)(e)  A "Resident for tuition purposes" means is a person
992	who qualifies as provided in subsection (2) for the in-state
993	tuition rate; a "nonresident for tuition purposes" is a person
994	who does not qualify for the in-state tuition rate.
995	(2)(a)  To qualify as a resident for tuition purposes:
996	1.  A person or, if that person is a dependent child, his
997	or her parent or parents must have established legal residence
998	in this state and must have maintained legal residence in this
999	state for at least 12 consecutive months immediately prior to
1000	his or her initial enrollment in a postsecondary education
1001	program in this state qualification.
1002	2.  Every applicant for admission to an institution of
1003	higher education or to a workforce education program offered by
1004	a school district shall be required to make a statement as to
1005	his or her length of residence in the state and, further, shall
1006	establish that his or her presence or, if the applicant is a
1007	dependent child, the presence of his or her parent or parents in
1008	the state currently is, and during the requisite 12-month
1009	qualifying period was, for the purpose of maintaining a bona
1010	fide domicile, rather than for the purpose of maintaining a mere
1011	temporary residence or abode incident to enrollment in an
1012	institution of higher education or a workforce education program
1013	offered by a school district.
1014	3.  Each institution of higher education or each school
1015	district that offers a workforce education program must
1016	determine whether an applicant who has been granted admission is
1017	a dependent child.
1018	4.  Each institution of higher education or each school
1019	district that offers a workforce education program must
1020	affirmatively determine that an applicant who has been granted
1021	admission as a Florida resident meets the residency requirements
1022	of this section at the time of initial enrollment.
1023	(b)  However, with respect to a dependent child living with
1024	an adult relative other than the child's parent, such child may
1025	qualify as a resident for tuition purposes if the adult relative
1026	is a legal resident who has maintained legal residence in this
1027	state for at least 12 consecutive months immediately prior to
1028	the child's initial enrollment in a postsecondary education
1029	program in this state qualification, provided the child has
1030	resided continuously with such relative for the 5 years
1031	immediately prior to the child's initial enrollment
1032	qualification, during which time the adult relative has
1033	exercised day-to-day care, supervision, and control of the
1034	child.
1035	(c)  The legal residence of a dependent child whose parents
1036	are divorced, separated, or otherwise living apart will be
1037	deemed to be this state if either parent is a legal resident of
1038	this state, regardless of which parent is entitled to claim, and
1039	does in fact claim, the minor as a dependent pursuant to federal
1040	individual income tax provisions.
1041	(d)  A person who is classified as a nonresident for
1042	tuition purposes may become eligible for reclassification as a
1043	resident for tuition purposes if that person or, if that person
1044	is a dependent child, his or her parent presents documentation
1045	that supports permanent residency in this state rather than
1046	temporary residency for the purpose of pursuing an education,
1047	such as documentation of full-time permanent employment for the
1048	previous 12 months or the purchase of a home in this state and
1049	residence therein for the prior 12 months. If a person who is a
1050	dependent child and his or her parent move to this state while
1051	such child is a high school student and the child graduates from
1052	a high school in this state, the child may become eligible for
1053	reclassification as a resident for tuition purposes when the
1054	parent qualifies for permanent residency.
1055	(3)  An individual shall not be classified as a resident
1056	for tuition purposes and, thus, shall not be eligible to receive
1057	the in-state tuition rate until he or she has provided such
1058	evidence related to legal residence and its duration or, if that
1059	individual is a dependent child, documentation of his or her
1060	parent's legal residence and its duration, as well as
1061	documentation confirming his or her status as a dependent child,
1062	as may be required by law and by officials of the institution of
1063	higher education or officials of the school district offering
1064	the workforce education program from which he or she seeks the
1065	in-state tuition rate.
1066	(4)  With respect to a dependent child, the legal residence
1067	of such individual's parent or parents is prima facie evidence
1068	of the individual's legal residence, which evidence may be
1069	reinforced or rebutted, relative to the age and general
1070	circumstances of the individual, by the other evidence of legal
1071	residence required of or presented by the individual. However,
1072	the legal residence of an individual whose parent or parents are
1073	domiciled outside this state is not prima facie evidence of the
1074	individual's legal residence if that individual has lived in
1075	this state for 5 consecutive years prior to enrolling or
1076	reregistering at the institution of higher education or
1077	enrolling or reregistering in a workforce education program
1078	offered by a school district at which resident status for
1079	tuition purposes is sought.
1080	(5)  In making a domiciliary determination related to the
1081	classification of a person as a resident or nonresident for
1082	tuition purposes, the domicile of a married person, irrespective
1083	of sex, shall be determined, as in the case of an unmarried
1084	person, by reference to all relevant evidence of domiciliary
1085	intent. For the purposes of this section:
1086	(a)  A person shall not be precluded from establishing or
1087	maintaining legal residence in this state and subsequently
1088	qualifying or continuing to qualify as a resident for tuition
1089	purposes solely by reason of marriage to a person domiciled
1090	outside this state, even when that person's spouse continues to
1091	be domiciled outside of this state, provided such person
1092	maintains his or her legal residence in this state.
1093	(b)  A person shall not be deemed to have established or
1094	maintained a legal residence in this state and subsequently to
1095	have qualified or continued to qualify as a resident for tuition
1096	purposes solely by reason of marriage to a person domiciled in
1097	this state.
1098	(c)  In determining the domicile of a married person,
1099	irrespective of sex, the fact of the marriage and the place of
1100	domicile of such person's spouse shall be deemed relevant
1101	evidence to be considered in ascertaining domiciliary intent.
1102	(6)  Any nonresident person, irrespective of sex, who
1103	marries a legal resident of this state or marries a person who
1104	later becomes a legal resident may, upon becoming a legal
1105	resident of this state, accede to the benefit of the spouse's
1106	immediately precedent duration as a legal resident for purposes
1107	of satisfying the 12-month durational requirement of this
1108	section.
1109	(7)  A person shall not lose his or her resident status for
1110	tuition purposes solely by reason of serving, or, if such person
1111	is a dependent child, by reason of his or her parent's or
1112	parents' serving, in the Armed Forces outside this state.
1113	(8)  A person who has been properly classified as a
1114	resident for tuition purposes but who, while enrolled in an
1115	institution of higher education or a workforce education program
1116	offered by a school district in this state, loses his or her
1117	resident tuition status because the person or, if he or she is a
1118	dependent child, the person's parent or parents establish
1119	domicile or legal residence elsewhere shall continue to enjoy
1120	the in-state tuition rate for a statutory grace period, which
1121	period shall be measured from the date on which the
1122	circumstances arose that culminated in the loss of resident
1123	tuition status and shall continue for 12 months. However, if the
1124	12-month grace period ends during a semester or academic term
1125	for which such former resident is enrolled, such grace period
1126	shall be extended to the end of that semester or academic term.
1127	(9)  Any person who ceases to be enrolled in at or who
1128	graduates from an institution of higher education or a workforce
1129	education program offered by a school district while classified
1130	as a resident for tuition purposes and who subsequently abandons
1131	his or her domicile in this state shall be permitted to reenroll
1132	in at an institution of higher education or a workforce
1133	education program offered by a school district in this state as
1134	a resident for tuition purposes without the necessity of meeting
1135	the 12-month durational requirement of this section if that
1136	person has reestablished his or her domicile in this state
1137	within 12 months of such abandonment and continuously maintains
1138	the reestablished domicile during the period of enrollment. The
1139	benefit of this subsection shall not be accorded more than once
1140	to any one person.
1141	(10)  The following persons shall be classified as
1142	residents for tuition purposes:
1143	(a)  Active duty members of the Armed Services of the
1144	United States residing or stationed in this state, their
1145	spouses, and dependent children, and active members of the
1146	Florida National Guard who qualify under s. 250.10(7) and (8)
1147	for the tuition assistance program.
1148	(b)  Active duty members of the Armed Services of the
1149	United States, and their spouses and dependent children,
1150	dependents attending a public community college or state
1151	university within 50 miles of the military establishment where
1152	they are stationed, if such military establishment is within a
1153	county contiguous to Florida.
1154	(c)  United States citizens living on the Isthmus of
1155	Panama, who have completed 12 consecutive months of college work
1156	at the Florida State University Panama Canal Branch, and their
1157	spouses and dependent children.
1158	(d)  Full-time instructional and administrative personnel
1159	employed by state public schools, community colleges, and
1160	institutions of higher education, as defined in s. 1000.04, and
1161	their spouses and dependent children.
1162	(e)  Students from Latin America and the Caribbean who
1163	receive scholarships from the federal or state government. Any
1164	student classified pursuant to this paragraph shall attend, on a
1165	full-time basis, a Florida institution of higher education.
1166	(f)  Southern Regional Education Board's Academic Common
1167	Market graduate students attending Florida's state universities.
1168	(g)  Full-time employees of state agencies or political
1169	subdivisions of the state when the student fees are paid by the
1170	state agency or political subdivision for the purpose of job-
1171	related law enforcement or corrections training.
1172	(h)  McKnight Doctoral Fellows and Finalists who are United
1173	States citizens.
1174	(i)  United States citizens living outside the United
1175	States who are teaching at a Department of Defense Dependent
1176	School or in an American International School and who enroll in
1177	a graduate level education program which leads to a Florida
1178	teaching certificate.
1179	(j)  Active duty members of the Canadian military residing
1180	or stationed in this state under the North American Aerospace
1181	Defense Command Air Defense (NORAD) agreement, and their spouses
1182	and dependent children, attending a community college or state
1183	university within 50 miles of the military establishment where
1184	they are stationed.
1185	(k)  Active duty members of a foreign nation's military who
1186	are serving as liaison officers and are residing or stationed in
1187	this state, and their spouses and dependent children, attending
1188	a community college or state university within 50 miles of the
1189	military establishment where the foreign liaison officer is
1190	stationed.
1191	(l)  Full-time employees of international multilateral
1192	organizations based in Florida that are recognized by the United
1193	States Department of State and their spouses and dependent
1194	children.
1195	(11)  A student, other than a nonimmigrant alien within the
1196	meaning of 8 U.S.C. s. 1101(a)(15), who meets all of the
1197	following requirements may apply for an exemption from paying
1198	nonresident tuition at community colleges and state
1199	universities:
1200	(a)  The student has resided in Florida with a parent, as
1201	defined in paragraph (1)(f), for at least 3 consecutive years
1202	immediately preceding the date the student received a high
1203	school diploma or its equivalent and has attended a Florida high
1204	school for at least 3 consecutive school years during such time.
1205	(b)  The student has registered and enrolled in a community
1206	college or a state university. The student may apply for a term
1207	deferral of any out-of-state fee assessed by the institution
1208	until eligibility for the exemption is determined.
1209	(c)  The student has provided the community college or
1210	state university an affidavit stating that the student will file
1211	an application to become a permanent resident of the United
1212	States at the earliest opportunity he or she is eligible to do
1213	so.
1214	(d)  The student has submitted an application for the
1215	exemption to the community college or state university in the
1216	manner prescribed by the Department of Education.
1217
1218	The exemption authorized pursuant to this subsection shall be
1219	limited to the top 2,000 students in academic performance in
1220	Florida high schools who register and enroll at a community
1221	college or state university under the exemption. The Department
1222	of Education shall administer the exemption program and shall
1223	develop an application form and guidelines for student
1224	participation. The community college or state university shall
1225	enter all application criteria submitted by the student into the
1226	department's online database, in the manner and timeframe
1227	prescribed by the department, for final determination by the
1228	department of the student's eligibility to receive the
1229	exemption.
1230	(12)(11)  The State Board of Education shall by rule
1231	designate classifications of students as residents or
1232	nonresidents for tuition purposes at community colleges and
1233	state universities.
1234	Section 23.  Subsections (1), (3), and (11) of section
1235	1009.23, Florida Statutes, are amended to read:
1236	1009.23  Community college student fees.--
1237	(1)  Unless otherwise provided, the provisions of this
1238	section applies apply only to fees charged for college credit
1239	instruction leading to an associate in arts degree, an associate
1240	in applied science degree, or an associate in science degree, or
1241	a baccalaureate degree authorized by the State Board of
1242	Education pursuant to s. 1007.33 and for noncollege credit
1243	college-preparatory courses defined in s. 1004.02.
1244	(3)  The State Board of Education shall adopt by December
1245	31 of each year a resident fee schedule for the following fall
1246	for advanced and professional programs, associate in science
1247	degree programs, baccalaureate degree programs authorized by the
1248	State Board of Education pursuant to s. 1007.33, and college-
1249	preparatory programs that produce revenues in the amount of 25
1250	percent of the full prior year's cost of these programs. Fees
1251	for courses in college-preparatory programs and associate in
1252	arts and associate in science degree programs may be established
1253	at the same level. In the absence of a provision to the contrary
1254	in an appropriations act, the fee schedule shall take effect and
1255	the colleges shall expend the funds on instruction. If the
1256	Legislature provides for an alternative fee schedule in an
1257	appropriations act, the fee schedule shall take effect the
1258	subsequent fall semester.
1259	(11)(a)  Each community college board of trustees may
1260	establish a separate fee for capital improvements, technology
1261	enhancements, or equipping student buildings which may not
1262	exceed 10 percent of tuition for resident students or 10 percent
1263	of the sum of tuition and out-of-state fees for nonresident
1264	students. The fee for resident students shall be limited to an
1265	increase of $2 per credit hour over the prior year $1 per credit
1266	hour or credit-hour equivalent for residents and which equals or
1267	exceeds $3 per credit hour for nonresidents. Funds collected by
1268	community colleges through these fees may be bonded only as
1269	provided in this subsection for the purpose of financing or
1270	refinancing new construction and equipment, renovation, or
1271	remodeling of educational facilities. The fee shall be collected
1272	as a component part of the tuition and fees, paid into a
1273	separate account, and expended only to construct and equip,
1274	maintain, improve, or enhance the educational facilities of the
1275	community college. Projects funded through the use of the
1276	capital improvement fee shall meet the survey and construction
1277	requirements of chapter 1013. Pursuant to s. 216.0158, each
1278	community college shall identify each project, including
1279	maintenance projects, proposed to be funded in whole or in part
1280	by such fee.
1281	(b)  Capital improvement fee revenues may be pledged by a
1282	board of trustees as a dedicated revenue source to the repayment
1283	of debt, including lease-purchase agreements with an overall
1284	term, including renewals, extensions, and refundings, of not
1285	more than 7 years and revenue bonds, with a term not to exceed
1286	20 annual maturities years, and not to exceed the useful life of
1287	the asset being financed, only for financing or refinancing of
1288	the new construction and equipment, renovation, or remodeling of
1289	educational facilities. Community colleges may use the services
1290	of the Division of Bond Finance of the State Board of
1291	Administration to issue any Bonds authorized through the
1292	provisions of this subsection shall be. Any such bonds issued by
1293	the Division of Bond Finance upon the request of the community
1294	college board of trustees shall be in compliance with the
1295	provisions of s. 11(d), Art. VII of the State Constitution and
1296	the State Bond Act. The Division of Bond Finance may pledge fees
1297	collected by one or more community colleges to secure such
1298	bonds. Any project included in the approved educational plant
1299	survey pursuant to chapter 1013 is approved pursuant to s.
1300	11(d), Art. VII of the State Constitution.
1301	(c)  The state does hereby covenant with the holders of the
1302	bonds issued under this subsection that it will not take any
1303	action that will materially and adversely affect the rights of
1304	such holders so long as the bonds authorized by this subsection
1305	are outstanding.
1306	(d)  Any validation of the bonds issued pursuant to the
1307	State Bond Act shall be validated in the manner provided by
1308	chapter 75. Only the initial series of bonds is required to be
1309	validated. The complaint for such validation shall be filed in
1310	the circuit court of the county where the seat of state
1311	government is situated, the notice required to be published by
1312	s. 75.06 shall be published only in the county where the
1313	complaint is filed, and the complaint and order of the circuit
1314	court shall be served only on the state attorney of the circuit
1315	in which the action is pending.
1316	(e)  A maximum of 15 percent cents per credit hour may be
1317	allocated from the capital improvement fee for child care
1318	centers conducted by the community college. The use of capital
1319	improvement fees for such purpose shall be subordinate to the
1320	payment of any bonds secured by the fees.
1321	Section 24.  Subsection (3) of section 1009.24, Florida
1322	Statutes, is amended to read:
1323	1009.24  State university student fees.--
1324	(3)(a)  The Legislature has the responsibility to establish
1325	tuition and fees.
1326	(b)  Within proviso in the General Appropriations Act and
1327	law, each board of trustees shall set undergraduate university
1328	tuition and fees.
1329	(c)  Except as otherwise provided by law, each board of
1330	trustees shall set university tuition and fees for graduate,
1331	graduate professional, and nonresident students, except that
1332	tuition and fees for graduate, graduate professional, and
1333	nonresident students who enroll prior to fall 2005 shall be
1334	established within proviso in the General Appropriations Act or
1335	by law. Tuition and fees for graduate, graduate professional,
1336	and nonresident students shall not exceed the average full-time
1337	nonresident tuition and fees for corresponding programs at
1338	public institutions that are members of the Association of
1339	American Universities. The annual percentage increase in tuition
1340	and fees established by each board of trustees pursuant to this
1341	paragraph for students enrolled prior to fall 2005 shall not
1342	exceed the annual percentage increase approved by the
1343	Legislature for resident undergraduate students. At least 20
1344	percent of the amount raised by tuition increases imposed
1345	pursuant to this paragraph shall be allocated by each university
1346	to need-based financial aid for students.
1347	(d)  The sum of the activity and service, health, and
1348	athletic fees a student is required to pay to register for a
1349	course shall not exceed 40 percent of the tuition established in
1350	law or in the General Appropriations Act. The tuition and fees
1351	established pursuant to paragraph (c) for graduate, graduate
1352	professional, and nonresident students shall not be subject to
1353	the 40 percent cap. No university shall be required to lower any
1354	fee in effect on the effective date of this act in order to
1355	comply with this subsection. Within the 40 percent cap,
1356	universities may not increase the aggregate sum of activity and
1357	service, health, and athletic fees more than 5 percent per year
1358	unless specifically authorized in law or in the General
1359	Appropriations Act. A university may increase its athletic fee
1360	to defray the costs associated with changing National Collegiate
1361	Athletic Association divisions. Any such increase in the
1362	athletic fee may exceed both the 40 percent cap and the 5
1363	percent cap imposed by this subsection. Any such increase must
1364	be approved by the athletic fee committee in the process
1365	outlined in subsection (11) and cannot exceed $2 per credit
1366	hour. Notwithstanding the provisions of ss. 1009.534, 1009.535,
1367	and 1009.536, that portion of any increase in an athletic fee
1368	pursuant to this subsection that causes the sum of the activity
1369	and service, health, and athletic fees to exceed the 40 percent
1370	cap or the annual increase in such fees to exceed the 5 percent
1371	cap shall not be included in calculating the amount a student
1372	receives for a Florida Academic Scholars award, a Florida
1373	Medallion Scholars award, or a Florida Gold Seal Vocational
1374	Scholars award. This subsection does not prohibit a university
1375	from increasing or assessing optional fees related to specific
1376	activities if payment of such fees is not required as a part of
1377	registration for courses.
1378	Section 25.  Section 1009.286, Florida Statutes, is created
1379	to read:
1380	1009.286  Additional student payment required for hours
1381	exceeding graduation requirements.--
1382	(1)  It is the intent of the Legislature to discourage
1383	undergraduate students in postsecondary education from exceeding
1384	the number of credit hours required to complete the students'
1385	respective degree programs. Accordingly, a student must pay 75
1386	percent over the in-state tuition rate for any credit hours that
1387	the student takes in excess of 120 percent of the number of
1388	credit hours required to complete the degree program in which he
1389	or she is enrolled.
1390	(2)  A student who is enrolled in a community college must
1391	pay 75 percent over the in-state tuition rate for credit hours
1392	that the student takes in excess of 120 percent of the credit
1393	hours required to earn an associate degree, except that a
1394	community college student who has earned the associate degree
1395	need not pay the full cost for a maximum of 24 credit hours
1396	taken while enrolled at a community college which apply to his
1397	or her baccalaureate degree.
1398	(3)  An undergraduate student who is enrolled in a state
1399	university must pay 75 percent over the in-state tuition rate
1400	for credit hours that the student takes in excess of 120 percent
1401	of the credit hours required to complete the degree program in
1402	which he or she is enrolled, regardless of whether those hours
1403	were taken while enrolled at a community college, a state
1404	university, or any private postsecondary institution if the
1405	student received state funds while enrolled at the private
1406	postsecondary institution.
1407	(4)  An undergraduate student who is enrolled in a
1408	baccalaureate degree program at a community college must pay 75
1409	percent over the in-state tuition rate for credit hours that the
1410	student takes in excess of 120 percent of the number of credit
1411	hours required to complete the degree program in which he or she
1412	is enrolled, regardless of whether those hours were taken while
1413	enrolled at a community college, a state university, or any
1414	private postsecondary institution if the student received state
1415	funds while enrolled at the private postsecondary institution.
1416	(5)  Credit hours earned under the following circumstances
1417	are not calculated as hours required to earn a  degree:
1418	(a)  College credits earned through an accelerated
1419	mechanism identified in s. 1007.27.
1420	(b)  Credit hours earned through internship programs.
1421	(c)  Credit hours required for certification,
1422	recertification, or certificate degrees.
1423	(d)  Credit hours in courses from which a student must
1424	withdraw due to reasons of medical or personal hardship.
1425	(e)  Credit hours taken by active-duty military personnel.
1426	(f)  Credit hours required to achieve a dual major
1427	undertaken while pursuing a degree.
1428	(g)  Remedial and English as a Second Language credit
1429	hours.
1430	(h)  Credit hours earned in military science courses
1431	(R.O.T.C.).
1432	(6)  Each postsecondary institution shall implement a
1433	process for notifying students regarding the provisions of this
1434	section. The notice shall be provided upon the student's initial
1435	enrollment in the institution and again upon the student earning
1436	the credit hours required to complete the degree program in
1437	which he or she is enrolled. Additionally, the notice shall
1438	recommend that the student meet with his or her academic advisor
1439	if the student intends to earn additional credit hours at the
1440	institution beyond those required for his or her enrolled degree
1441	program.
1442	(7)  The provisions of this section shall apply to freshmen
1443	who enroll in a state university or community college in fall
1444	2005 and thereafter.
1445	Section 26.  Paragraph (a) of subsection (1) of section
1446	1009.40, Florida Statutes, is amended, and subsection (5) is
1447	added to said section, to read:
1448	1009.40  General requirements for student eligibility for
1449	state financial aid and tuition assistance grants.--
1450	(1)(a)  The general requirements for eligibility of
1451	students for state financial aid awards and tuition assistance
1452	grants consist of the following:
1453	1.  Achievement of the academic requirements of and
1454	acceptance at a state university or community college; a nursing
1455	diploma school approved by the Florida Board of Nursing; a
1456	Florida college, university, or community college which is
1457	accredited by an accrediting agency recognized by the State
1458	Board of Education; any Florida institution the credits of which
1459	are acceptable for transfer to state universities; any career
1460	center; or any private career institution accredited by an
1461	accrediting agency recognized by the State Board of Education.
1462	2.  Residency in this state for no less than 1 year
1463	preceding the award of aid or a tuition assistance grant for a
1464	program established pursuant to s. 1009.50, s. 1009.51, s.
1465	1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
1466	1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
1467	1009.73, s. 1009.76, s. 1009.77, or s. 1009.89, s. 1009.891, or
1468	s. 1009.895. Residency in this state must be for purposes other
1469	than to obtain an education. Resident status for purposes of
1470	receiving state financial aid awards or tuition assistance
1471	grants shall be determined in the same manner as resident status
1472	for tuition purposes pursuant to s. 1009.21 and rules of the
1473	State Board of Education implementing s. 1009.21 and the
1474	postsecondary guidelines of the department.
1475	3.  Submission of certification attesting to the accuracy,
1476	completeness, and correctness of information provided to
1477	demonstrate a student's eligibility to receive state financial
1478	aid awards or tuition assistance grants. Falsification of such
1479	information shall result in the denial of any pending
1480	application and revocation of any award or grant currently held
1481	to the extent that no further payments shall be made.
1482	Additionally, students who knowingly make false statements in
1483	order to receive state financial aid awards or tuition
1484	assistance grants shall be guilty of a misdemeanor of the second
1485	degree subject to the provisions of s. 837.06 and shall be
1486	required to return all state financial aid awards or tuition
1487	assistance grants wrongfully obtained.
1488	(5)  A student who is attending a nonpublic for-profit or
1489	nonprofit institution is ineligible to receive more than one
1490	state award that is a tuition assistance grant during a single
1491	semester.
1492	Section 27.  Section 1009.66, Florida Statutes, is amended
1493	to read:
1494	1009.66  Nursing Student Loan Reimbursement Forgiveness
1495	Program.--
1496	(1)  To encourage qualified personnel to seek employment in
1497	areas of this state in which critical nursing shortages exist,
1498	there is established the Nursing Student Loan Reimbursement
1499	Forgiveness Program. The primary function of the program is to
1500	increase employment and retention of registered nurses and
1501	licensed practical nurses in nursing homes and hospitals in the
1502	state and in state-operated medical and health care facilities,
1503	public schools, birth centers, federally sponsored community
1504	health centers, family practice teaching hospitals, and
1505	specialty children's hospitals and the employment and retention
1506	of instructional faculty in nursing programs approved by the
1507	Board of Nursing by making repayments toward loans received by
1508	students from federal or state programs or commercial lending
1509	institutions for the support of postsecondary study in
1510	accredited or approved nursing programs or for the support of
1511	study in a preparatory course for foreign-trained nurses offered
1512	by an approved nursing program.
1513	(2)  To be eligible, a candidate must have graduated from
1514	an accredited or approved nursing program or have successfully
1515	completed a preparatory course for foreign-trained nurses
1516	offered by an approved nursing program and have received a
1517	Florida license as a licensed practical nurse or a registered
1518	nurse or a Florida certificate as an advanced registered nurse
1519	practitioner.
1520	(3)  Only loans to pay the costs of tuition, books, and
1521	living expenses shall be covered, at an amount not to exceed
1522	$4,000 for each year of education toward the degree obtained.
1523	(4)  From the funds available, the Department of Education
1524	Health may make loan principal repayments of up to $4,000 a year
1525	for up to 4 years on behalf of eligible candidates pursuant to
1526	subsection (2) selected graduates of an accredited or approved
1527	nursing program. All repayments shall be contingent upon
1528	continued proof of employment in the designated facilities in
1529	this state and shall be made directly to the holder of the loan
1530	or the lending institution for loans held by a lending
1531	institution. The state shall bear no responsibility for the
1532	collection of any interest charges or other remaining balance.
1533	In the event that the designated facilities are changed, a nurse
1534	shall continue to be eligible for loan reimbursement forgiveness
1535	as long as he or she continues to work in the facility for which
1536	the original loan repayment was made and otherwise meets all
1537	conditions of eligibility.
1538	(5)  There is created the Nursing Student Loan
1539	Reimbursement Forgiveness Trust Fund to be administered by the
1540	Department of Education Health pursuant to this section and s.
1541	1009.67 and department rules. The Chief Financial Officer shall
1542	authorize expenditures from the trust fund upon receipt of
1543	vouchers approved by the Department of Education Health. All
1544	moneys collected from the private health care industry and other
1545	private sources for the purposes of this section shall be
1546	deposited into the Nursing Student Loan Reimbursement
1547	Forgiveness Trust Fund. Any balance in the trust fund at the end
1548	of any fiscal year shall remain therein and shall be available
1549	for carrying out the purposes of this section and s. 1009.67.
1550	(6)  In addition to licensing fees imposed under part I of
1551	chapter 464, there is hereby levied and imposed an additional
1552	fee of $5, which fee shall be paid upon licensure or renewal of
1553	nursing licensure. Revenues collected from the fee imposed in
1554	this subsection shall be deposited in the Nursing Student Loan
1555	Reimbursement Forgiveness Trust Fund of the Department of
1556	Education Health and will be used solely for the purpose of
1557	carrying out the provisions of this section and s. 1009.67. Up
1558	to 50 percent of the revenues appropriated to implement this
1559	subsection may be used for the nursing scholarship loan program
1560	established pursuant to s. 1009.67.
1561	(7)  Funds contained in the Nursing Student Loan
1562	Reimbursement Forgiveness Trust Fund which are to be used for
1563	loan reimbursement forgiveness for those nurses employed by
1564	hospitals, birth centers, and nursing homes and for those nurses
1565	employed as instructional faculty in an approved nursing program
1566	must be matched on a dollar-for-dollar basis by contributions or
1567	tuition reductions from the employing institutions, except that
1568	this provision shall not apply to state-operated medical and
1569	health care facilities, community colleges, state universities,
1570	public schools, county health departments, federally sponsored
1571	community health centers, teaching hospitals as defined in s.
1572	408.07, family practice teaching hospitals as defined in s.
1573	395.805, or specialty hospitals for children as used in s.
1574	409.9119. An estimate of the annual trust fund dollars shall be
1575	made at the beginning of the fiscal year based on historic
1576	expenditures from the trust fund. Applicant requests shall be
1577	reviewed on a quarterly basis, and applicant awards shall be
1578	based on the following priority of employer until all such
1579	estimated trust funds are awarded: nursing programs approved by
1580	the Board of Nursing if the employer and the award recipient
1581	agree that the award recipient will spend a minimum of 75
1582	percent of his or her time providing instruction, developing
1583	curriculum, or advising or mentoring students for the duration
1584	of the award; state-operated medical and health care facilities;
1585	public schools; county health departments; federally sponsored
1586	community health centers; teaching hospitals as defined in s.
1587	408.07; family practice teaching hospitals as defined in s.
1588	395.805; specialty hospitals for children as used in s.
1589	409.9119; and other hospitals, birth centers, and nursing homes.
1590	(8)  The Department of Health may solicit technical
1591	assistance relating to the conduct of this program from the
1592	Department of Education.
1593	(8)(9)  The Department of Education Health is authorized to
1594	recover from the Nursing Student Loan Reimbursement Forgiveness
1595	Trust Fund its costs for administering the Nursing Student Loan
1596	Reimbursement Forgiveness Program.
1597	(9)(10)  The State Board of Education Department of Health
1598	may adopt rules necessary to administer this program.
1599	(10)(11)  This section shall be implemented only as
1600	specifically funded.
1601	(11)(12)  Students receiving a nursing scholarship loan
1602	pursuant to s. 1009.67 are not eligible to participate in the
1603	Nursing Student Loan Reimbursement Forgiveness Program.
1604	Section 28.  Section 1009.67, Florida Statutes, is amended
1605	to read:
1606	1009.67  Nursing Scholarship Loan Program.--
1607	(1)  There is established within the Department of
1608	Education Health a scholarship loan program for the purpose of
1609	attracting capable and promising students to the nursing
1610	profession.
1611	(2)  A scholarship loan applicant shall be enrolled in an
1612	approved nursing program leading to the award of an associate
1613	degree, a baccalaureate degree, or a graduate degree in nursing
1614	or enrolled in a preparatory course for foreign-trained nurses
1615	offered by an approved nursing program.
1616	(3)  A scholarship loan may be awarded for no more than 2
1617	years, in an amount not to exceed $8,000 per year. However,
1618	registered nurses pursuing a graduate degree for a faculty
1619	position or to practice as an advanced registered nurse
1620	practitioner may receive up to $12,000 per year. These amounts
1621	shall be adjusted by the amount of increase or decrease in the
1622	consumer price index for urban consumers published by the United
1623	States Department of Commerce.
1624	(4)  Credit for repayment of a scholarship loan shall be as
1625	follows:
1626	(a)  For each full year of scholarship loan assistance, the
1627	recipient agrees to work for 12 months in a faculty position in
1628	a college of nursing or community college nursing program in
1629	this state and spend a minimum of 75 percent of his or her time
1630	providing instruction, developing curriculum, or advising or
1631	mentoring students or agrees to work for 12 months at a health
1632	care facility in a medically underserved area as approved by the
1633	Department of Health. Scholarship loan recipients who attend
1634	school on a part-time basis shall have their employment service
1635	obligation prorated in proportion to the amount of scholarship
1636	loan payments received.
1637	(b)  Eligible health care facilities include nursing homes
1638	and hospitals in this state, state-operated medical or health
1639	care facilities, public schools, county health departments,
1640	federally sponsored community health centers, colleges of
1641	nursing in universities in this state, and community college
1642	nursing programs in this state, family practice teaching
1643	hospitals as defined in s. 395.805, or specialty children's
1644	hospitals as described in s. 409.9119. The recipient shall be
1645	encouraged to complete the service obligation at a single
1646	employment site. If continuous employment at the same site is
1647	not feasible, the recipient may apply to the department for a
1648	transfer to another approved health care facility.
1649	(c)  Any recipient who does not complete an appropriate
1650	program of studies, who does not become licensed, who does not
1651	accept employment as a nurse at an approved health care
1652	facility, or who does not complete 12 months of approved
1653	employment for each year of scholarship loan assistance received
1654	shall repay to the Department of Education Health, on a schedule
1655	to be determined by the department, the entire amount of the
1656	scholarship loan plus 18 percent interest accruing from the date
1657	of the scholarship payment. Repayment schedules and applicable
1658	interest rates shall be determined by rules of the State Board
1659	of Education. Moneys repaid shall be deposited into the Nursing
1660	Student Loan Reimbursement Forgiveness Trust Fund established in
1661	s. 1009.66. However, the department may provide additional time
1662	for repayment if the department finds that circumstances beyond
1663	the control of the recipient caused or contributed to the
1664	default.
1665	(5)  Scholarship loan payments shall be transmitted to the
1666	recipient upon receipt of documentation that the recipient is
1667	enrolled in an approved nursing program. The Department of
1668	Education Health shall develop a formula to prorate payments to
1669	scholarship loan recipients so as not to exceed the maximum
1670	amount per academic year.
1671	(6)  The State Board of Education Department of Health
1672	shall adopt rules, including rules to address extraordinary
1673	circumstances that may cause a recipient to default on either
1674	the school enrollment or employment contractual agreement, to
1675	implement this section.
1676	(7)  The Department of Education Health may recover from
1677	the Nursing Student Loan Reimbursement Forgiveness Trust Fund
1678	its costs for administering the nursing scholarship loan
1679	program.
1680	Section 29.  Section 1009.895, Florida Statutes, is created
1681	to read:
1682	1009.895  Florida Independent Collegiate Assistance Grant
1683	Program.--
1684	(1)  The Legislature finds and declares that independent
1685	institutions licensed by the Commission for Independent
1686	Education are an integral part of the higher education system in
1687	this state through which Florida residents seek higher
1688	education. The Legislature finds that a significant number of
1689	state residents choose to pursue higher education at these
1690	institutions and that these institutions and the students they
1691	educate and train make a substantial contribution to the
1692	development of the state's economy. The Legislature intends to
1693	create a tuition assistance grant program for state residents
1694	that is not based upon a student's financial need or other
1695	criteria upon which financial aid programs are based.
1696	(2)  The Florida Independent Collegiate Assistance Grant
1697	Program, to be known as the FICA Grant Program, is created as a
1698	student tuition assistance grant program.
1699	(a)  The program shall be administered by the Department of
1700	Education according to rules adopted by the State Board of
1701	Education.
1702	(b)  The department may issue a tuition assistance grant
1703	under the program to any full-time student who:
1704	1.  Meets student residency requirements as provided in s.
1705	1009.40(1)(a)2.
1706	2.  Is enrolled as a full-time undergraduate student in a
1707	campus-based program at an eligible independent institution of
1708	higher education as defined in this section and is seeking an
1709	associate degree or higher.
1710	3.  Is making satisfactory academic progress as defined by
1711	the independent institution of higher education in which the
1712	student is enrolled.
1713	4.  Enrolls in an undergraduate degree program that leads
1714	to employment in an occupation that is listed on a regional
1715	targeted occupations list of a Florida workforce board at the
1716	time of enrollment.
1717	(3)  An "eligible independent institution of higher
1718	education" is:
1719	(a)  An institution that is licensed by the Commission for
1720	Independent Education under chapter 1005, is accredited by an
1721	accrediting agency that is recognized by the United States
1722	Secretary of Education as a reliable authority as to the quality
1723	of education or training offered at its accredited institutions,
1724	and has established performance requirements for student
1725	achievement that include minimum objective quantitative
1726	standards, including completion rates and placement rates as
1727	determined by the department or the commission.
1728	(b)  An institution whose students are not eligible to
1729	participate in the Access to Better Learning and Education Grant
1730	Program or the William L. Boyd, IV, Florida Resident Access
1731	Grant Program.
1732	(4)  This section shall be implemented to the extent funded
1733	and authorized by law.
1734	Section 30.  Paragraph (z) is added to subsection (4) of
1735	section 1009.971, Florida Statutes, to read:
1736	1009.971  Florida Prepaid College Board.--
1737	(4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.--The
1738	board shall have the powers and duties necessary or proper to
1739	carry out the provisions of ss. 1009.97-1009.984, including, but
1740	not limited to, the power and duty to:
1741	(z)  Provide for the transfer of ownership of an advance
1742	payment contract or a participation agreement by operation of
1743	law upon inheritance, devise, or bequest. An heir of a deceased
1744	purchaser or a deceased benefactor may make an application to
1745	the board under oath for a change in the purchaser or benefactor
1746	and, upon receipt of a completed application, the board may
1747	change the ownership of the advance payment contract or
1748	participation agreement, as appropriate, to the heir. The board
1749	shall specify by rule the information that must be included in
1750	the application. When the application is made by an heir of a
1751	deceased purchaser or deceased benefactor who died intestate, it
1752	shall not be necessary to accompany the application with an
1753	order of a probate court if the heir files with the board an
1754	affidavit stating that the estate is not indebted and the
1755	surviving spouse, if any, and the heirs, if any, have amicably
1756	agreed among themselves upon a division of the estate. If the
1757	deceased purchaser or deceased benefactor died testate, the
1758	application shall be accompanied by a certified copy of the
1759	will, if probated, and an affidavit stating that the estate is
1760	solvent with sufficient assets to pay all just claims or, if the
1761	will is not being probated, by a sworn copy of the will and an
1762	affidavit stating that the estate is not indebted. Upon the
1763	approval by the board of an application from an heir, the heir
1764	shall become the purchaser of the advance payment contract or
1765	the benefactor of the participation agreement. This subsection
1766	does not apply when a purchaser or benefactor has designated in
1767	writing to the board the person who will succeed to the
1768	ownership of the advance payment contract or participation
1769	agreement in the event of the purchaser's or benefactor's death,
1770	and that person survives the purchaser or benefactor.
1771	Section 31.  Subsection (5) of section 1009.972, Florida
1772	Statutes, is amended to read:
1773	1009.972  Florida Prepaid College Trust Fund.--
1774	(5)  Notwithstanding the provisions of chapter 717, funds
1775	associated with terminated advance payment contracts pursuant to
1776	s. 1009.98(4)(k) and canceled contracts for which no refunds
1777	have been claimed shall be retained by the board. The board
1778	shall establish procedures for notifying purchasers who
1779	subsequently cancel their advance payment contracts of any
1780	unclaimed refund and shall establish a time period after which
1781	no refund may be claimed by a purchaser who canceled a contract.
1782	The board may transfer funds retained from such terminated
1783	advance payment contracts and canceled contracts to the direct-
1784	support organization established pursuant to s. 1009.983 for the
1785	Florida Prepaid Tuition Scholarship Program to provide matching
1786	funds for prepaid tuition scholarships for economically
1787	disadvantaged youth who remain drug free and crime free and for
1788	children of members of the armed forces and Coast Guard of the
1789	United States who die while participating in the combat theater
1790	of operations for Operation Iraqi Freedom or Operation Enduring
1791	Freedom on or after the date on which this act becomes a law and
1792	were Florida residents at the time of their death or have listed
1793	Florida as their domicile at the time of their death.
1794	Section 32.  Subsection (3) and paragraph (k) of subsection
1795	(4) of section 1009.98, Florida Statutes, are amended to read:
1796	1009.98  Florida Prepaid College Program.--
1797	(3)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
1798	COLLEGES AND UNIVERSITIES AND TO CAREER CENTERS.--A qualified
1799	beneficiary may apply the benefits of an advance payment
1800	contract toward:
1801	(a)  An independent college or university that is located
1802	and chartered in Florida, that is not for profit, that is
1803	accredited by the Commission on Colleges of the Southern
1804	Association of Colleges and Schools or the Accrediting Council
1805	for Independent Colleges and Schools, and that confers degrees
1806	as defined in s. 1005.02.
1807	(b)  An out-of-state college or university that is not for
1808	profit and is accredited by a regional accrediting association,
1809	and that confers degrees.
1810	(c)  An applied technology diploma program or career
1811	certificate program conducted by a community college listed in
1812	s. 1004.02(2) or career center operated by a district school
1813	board.
1814
1815	The board shall transfer or cause to be transferred to the
1816	institution designated by the qualified beneficiary an amount
1817	not to exceed the redemption value of the advance payment
1818	contract at a state postsecondary institution.  If the cost of
1819	registration or housing fees at such institution is less than
1820	the corresponding fees at a state postsecondary institution, the
1821	amount transferred may not exceed the actual cost of
1822	registration and housing fees.  A transfer authorized under this
1823	subsection may not exceed the number of semester credit hours or
1824	semesters of dormitory residence contracted on behalf of a
1825	qualified beneficiary. The board may refuse to transfer the
1826	benefits of an advance payment contract to an otherwise eligible
1827	institution if the institution or its representatives distribute
1828	materials, regardless of form, that describe the use or transfer
1829	of the benefits of an advance payment contract and that have not
1830	been approved by the board. Notwithstanding any other provision
1831	in this section, an institution must be an "eligible educational
1832	institution" under s. 529 of the Internal Revenue Code to be
1833	eligible for the transfer of advance payment contract benefits.
1834	(4)  ADVANCE PAYMENT CONTRACTS.--The board shall develop
1835	advance payment contracts for registration and may develop
1836	advance payment contracts for dormitory residence as provided in
1837	this section. Advance payment contracts shall be exempt from
1838	chapter 517 and the Florida Insurance Code. Such contracts shall
1839	include, but not be limited to, the following:
1840	(k)  The period of time after which advance payment
1841	contracts that have not been terminated or the benefits used
1842	shall be considered terminated. Time expended by a qualified
1843	beneficiary as an active duty member of any of the armed
1844	services of the United States shall be added to the period of
1845	time specified by the board. No purchaser or qualified
1846	beneficiary whose advance payment contract is terminated
1847	pursuant to this paragraph shall be entitled to a refund.
1848	Notwithstanding chapter 717, the board shall retain any moneys
1849	paid by the purchaser for an advance payment contract that has
1850	been terminated in accordance with this paragraph. Such moneys
1851	may be transferred to the direct-support organization
1852	established pursuant to s. 1009.983 for the  Florida Prepaid
1853	Tuition Scholarship Program to provide matching funds for
1854	prepaid tuition scholarships for economically disadvantaged
1855	youths who remain drug free and crime free and for children of
1856	members of the armed forces and Coast Guard of the United States
1857	who die while participating in the combat theater of operations
1858	for Operation Iraqi Freedom or Operation Enduring Freedom on or
1859	after the date on which this act becomes a law and were Florida
1860	residents at the time of their death or have listed Florida as
1861	their domicile at the time of their death.
1862	Section 33.  Paragraph (b) of subsection (2) of section
1863	1009.981, Florida Statutes, is amended to read:
1864	1009.981  Florida College Savings Program.--
1865	(2)  PARTICIPATION AGREEMENTS.--
1866	(b)  The board shall develop a participation agreement
1867	which shall be the agreement between the board and each
1868	benefactor, which may include, but is not limited to:
1869	1.  The name, date of birth, and social security number of
1870	the designated beneficiary.
1871	2.  The amount of the contribution or contributions and
1872	number of contributions required from a benefactor on behalf of
1873	a designated beneficiary.
1874	3.  The terms and conditions under which benefactors shall
1875	remit contributions, including, but not limited to, the date or
1876	dates upon which each contribution is due. Deposits to the
1877	savings program by benefactors may only be in cash. Benefactors
1878	may contribute in a lump sum, periodically, in installments, or
1879	through electronic funds transfer or employer payroll
1880	deductions.
1881	4.  Provisions for late contribution charges and for
1882	default.
1883	5.  Provisions for penalty fees for withdrawals from the
1884	program.
1885	6.  The name of the person who may terminate participation
1886	in the program. The participation agreement must specify whether
1887	the account may be terminated by the benefactor, the designated
1888	beneficiary, a specific designated person, or any combination of
1889	these persons.
1890	7.  The terms and conditions under which an account may be
1891	terminated, modified, or converted, the name of the person
1892	entitled to any refund due as a result of termination of the
1893	account pursuant to such terms and conditions, and the amount of
1894	refund, if any, due to the person so named.
1895	8.  Penalties for distributions not used or made in
1896	accordance with s. 529 of the Internal Revenue Code.
1897	9.  Any charges or fees in connection with the
1898	administration of the savings fund.
1899	10.  The period of time after which each participation
1900	agreement shall be considered to be terminated. Time expended by
1901	a designated beneficiary as an active duty member of any of the
1902	armed services of the United States shall be added to the period
1903	specified pursuant to this subparagraph. Should a participation
1904	agreement be terminated, the balance of the account, after
1905	notice to the benefactor, shall be declared unclaimed and
1906	abandoned property. The board shall retain any moneys paid by
1907	the benefactor for a participation agreement that has been
1908	terminated in accordance with this subparagraph. Such moneys may
1909	be transferred to the direct-support organization established
1910	pursuant to s. 1009.983 for the   Florida Prepaid Tuition
1911	Scholarship Program to provide matching funds for prepaid
1912	tuition scholarships for economically disadvantaged youths who
1913	remain drug free and crime free and for children of members of
1914	the armed forces and Coast Guard of the United States who die
1915	while participating in the combat theater of operations for
1916	Operation Iraqi Freedom or Operation Enduring Freedom on or
1917	after the date on which this act becomes a law and were Florida
1918	residents at the time of their death or have listed Florida as
1919	their domicile at the time of their death.
1920	11.  Other terms and conditions deemed by the board to be
1921	necessary or proper.
1922	Section 34.  Paragraph (i) of subsection (1) of section
1923	1011.62, Florida Statutes, is amended to read:
1924	1011.62  Funds for operation of schools.--If the annual
1925	allocation from the Florida Education Finance Program to each
1926	district for operation of schools is not determined in the
1927	annual appropriations act or the substantive bill implementing
1928	the annual appropriations act, it shall be determined as
1929	follows:
1930	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1931	OPERATION.--The following procedure shall be followed in
1932	determining the annual allocation to each district for
1933	operation:
1934	(i)  Calculation of full-time equivalent membership with
1935	respect to dual enrollment instruction from community colleges
1936	or state universities.--Students enrolled in community college
1937	or university dual enrollment instruction pursuant to s.
1938	1007.271 may be included in calculations of full-time equivalent
1939	student memberships for basic programs for grades 9 through 12
1940	by a district school board. Dual enrollment instruction of high
1941	school students that is eligible for high school and
1942	postsecondary credit shall be reported by the school district in
1943	an amount equal to the hours of instruction that would be
1944	necessary to earn the FTE for the equivalent course if it were
1945	taught in the school district. Such students may also be
1946	calculated as the proportional shares of full-time equivalent
1947	enrollments they generate for a the community college or
1948	university conducting the dual enrollment instruction. Early
1949	admission students shall be considered dual enrollments for
1950	funding purposes. Students may be enrolled in dual enrollment
1951	instruction provided by an eligible independent college or
1952	university and may be included in calculations of full-time
1953	equivalent student memberships for basic programs for grades 9
1954	through 12 by a district school board. However, those provisions
1955	of law which exempt dual enrolled and early admission students
1956	from payment of instructional materials and tuition and fees,
1957	including laboratory fees, shall not apply to students who
1958	select the option of enrolling in an eligible independent
1959	institution. An independent college or university which is
1960	located and chartered in Florida, is not for profit, is
1961	accredited by the Commission on Colleges of the Southern
1962	Association of Colleges and Schools or the Accrediting Council
1963	for Independent Colleges and Schools, and which confers degrees
1964	as defined in s. 1005.02 shall be eligible for inclusion in the
1965	dual enrollment or early admission program. Students enrolled in
1966	dual enrollment instruction shall be exempt from the payment of
1967	tuition and fees, including laboratory fees. No student enrolled
1968	in college credit mathematics or English dual enrollment
1969	instruction shall be funded as a dual enrollment unless the
1970	student has successfully completed the relevant section of the
1971	entry-level examination required pursuant to s. 1008.30.
1972	Section 35.  Section 1011.83, Florida Statutes, is amended
1973	to read:
1974	1011.83  Financial support of community colleges.--
1975	(1)  Each community college that has been approved by the
1976	Department of Education and meets the requirements of law and
1977	rules of the State Board of Education shall participate in the
1978	Community College Program Fund. However, funds to support
1979	workforce education programs conducted by community colleges
1980	shall be provided pursuant to s. 1011.80.
1981	(2)  Funding for baccalaureate degree programs approved
1982	pursuant to s. 1007.33 shall be specified in the General
1983	Appropriations Act. A student in a baccalaureate degree program
1984	approved pursuant to s. 1007.33 who is not classified as a
1985	resident for tuition purposes pursuant to s. 1009.21 shall not
1986	be included in calculations of full-time equivalent enrollments
1987	for state funding purposes.
1988	(3)  Funds specifically appropriated by the Legislature for
1989	baccalaureate degree programs approved pursuant to s. 1007.033
1990	may be used only for such programs. A new baccalaureate degree
1991	program may not accept students without a recurring legislative
1992	appropriation for this purpose. However, community colleges that
1993	have been approved by the State Board of Education prior to July
1994	1, 2005, to offer baccalaureate degrees are not subject to the
1995	requirement for recurring funds until the 2006-2007 budget year.
1996	(4)  A community college that grants baccalaureate degrees
1997	shall maintain reporting and funding distinctions between any
1998	baccalaureate degree program approved under s. 1007.33 and any
1999	other baccalaureate degree programs involving traditional
2000	concurrent-use partnerships.
2001	Section 36.  Part VI of chapter 1011, Florida Statutes,
2002	consisting of sections 1011.96, 1011.965, 1011.97, and 1011.98,
2003	is created to read:
2004	1011.96  SUCCEED, FLORIDA! Crucial Professionals Program.--
2005	(1)  The SUCCEED, FLORIDA! Crucial Professionals Program is
2006	established to award funds to accredited postsecondary
2007	educational institutions in the state on a competitive basis to
2008	offer programs that meet the critical workforce needs of the
2009	state and to maximize the number of diplomas, certificates, and
2010	degrees that are awarded to postsecondary education students in
2011	fields vital to the citizens of the state.
2012	(2)  Beginning with the 2006-2007 fiscal year, funds
2013	appropriated by the Legislature to the Department of Education
2014	for the SUCCEED, FLORIDA! Crucial Professionals Program shall be
2015	distributed according to the provisions of this section.
2016	(3)  The department shall develop and issue annually a
2017	request for proposals. The department shall establish
2018	application procedures, guidelines, accountability measures, and
2019	timelines for implementation of the grant program.
2020	(4)  Proposals for a grant authorized pursuant to this
2021	section must:
2022	(a)  Indicate the number of students to be served, the
2023	length of the proposed program, and the total projected cost to
2024	students and the state. Funds for a grant provided pursuant to
2025	this section must be used to support new students and not to
2026	supplant current funding or students.
2027	(b)  Document the workforce need to be addressed.
2028	(c)  Demonstrate a pool of qualified applicants.
2029	(d)  Include a plan to increase the minority graduation
2030	rate and minority presence in the workforce.
2031	(e)  Be submitted by an accredited public or nonpublic
2032	postsecondary educational institution in the state that provides
2033	postsecondary instruction in a field specified in the priority
2034	list established pursuant to subsection (5). For purposes of
2035	this section, postsecondary educational institutions include
2036	school district career centers that offer postsecondary
2037	programs.
2038	(f)  Indicate the number of postsecondary diplomas,
2039	certificates, or degrees that the institution will award using
2040	funds received pursuant to this section and the fields in which
2041	the diplomas, certificates, or degrees will be awarded.
2042	(g)  Indicate how the funds received will leverage private
2043	industry contributions, grants, or scholarships and how the
2044	funds will be used to offset costs to the state for program
2045	startup or expansion or to offset student tuition costs.
2046	(5)  By March 1, 2006, and annually thereafter, the State
2047	Board of Education, the Board of Governors, and the board of
2048	directors of Workforce Florida, Inc., shall each advise the
2049	Legislature of the state's most pressing workforce needs for
2050	postsecondary instruction and the geographic locations of these
2051	needs. The Legislature shall annually establish a priority list
2052	for funds provided pursuant to this section in the General
2053	Appropriations Act.
2054	(6)  The rankings and decisions of the request-for-
2055	proposals process shall be made by the State Board of Education
2056	based on the priority list established pursuant to subsection
2057	(5).
2058	(7)  Grant recipients must enter into a contract with the
2059	state to produce a specific number of graduates in the
2060	designated program within a specific time period. Grant
2061	recipients must submit periodic reports to the department
2062	documenting compliance with the accountability measures
2063	established by the department.
2064	(8)  Subsequent to the first year of funding for the
2065	SUCCEED, FLORIDA! Crucial Professionals Program, priority for
2066	awarding grants shall be for renewal grants to programs that are
2067	making adequate progress toward their contracted production,
2068	including nursing programs and teaching programs at institutions
2069	that received funding from the SUCCEED, FLORIDA! Crucial
2070	Professionals Program during the 2005-2006 fiscal year. Renewal
2071	award amounts shall be tied to student retention; the production
2072	of degrees, certificates, or diplomas; the number of graduates
2073	placed in the targeted professions in the state; or other
2074	accountability measures determined by the department.
2075	1011.965  SUCCEED, FLORIDA! Crucial Professionals Nursing
2076	Education Grant Program.--The SUCCEED, FLORIDA! Crucial
2077	Professionals Nursing Education Grant Program is established as
2078	a contract grant program within the Department of Education to
2079	increase the capacity of nursing programs approved by the Board
2080	of Nursing at postsecondary educational institutions to produce
2081	more nurses or nursing faculty to enter the workforce in the
2082	state. The department shall establish application procedures,
2083	guidelines, accountability measures, and timelines for
2084	implementation of the grant program and advise all Board of
2085	Nursing approved programs accordingly.
2086	(1)  Proposals for a grant authorized pursuant to this
2087	section must:
2088	(a)  Indicate the number of students to be served, the
2089	length of the proposed program, and the projected cost.
2090	(b)  Document the workforce need to be addressed through
2091	the expanded capacity of the existing nursing program.
2092	(c)  Demonstrate a pool of qualified applicants to fill the
2093	expanded capacity.
2094	(2)  Funds for a grant provided pursuant to this section
2095	must be used to support new students and not to supplant current
2096	funding or students. An institution applying for a grant must
2097	certify to the department that it will not reduce funding or the
2098	current level of enrollment in its existing nursing program. Any
2099	such reduction shall result in a pro rata reduction in the grant
2100	awarded pursuant to this section.
2101	(3)  Priority in the awarding of new grants authorized
2102	pursuant to this section shall be given to proposals that comply
2103	with three or more of the following:
2104	(a)  Proposals that result in new nurses in the workforce
2105	or nurses moving to a higher level on the career ladder.
2106	(b)  Proposals that could be implemented as early as the
2107	fall 2005.
2108	(c)  Proposals that include partnerships or collaborations
2109	with other institutions, programs, or health care providers.
2110	(d)  Proposals for programs offered at the worksite or
2111	through distance learning that permit nurses to achieve a higher
2112	level of nursing licensure.
2113	(e)  Proposals for accelerated programs that shorten the
2114	time required to receive a diploma, certificate, or degree;
2115	obtain licensure; and enter the workforce.
2116	(f)  Proposals that target exiting military personnel or
2117	other persons interested in making career changes.
2118	(g)  Proposals from nursing programs with demonstrated
2119	success as evidenced by graduation rates, licensure examination
2120	passage rates, and placement of graduates in nursing employment
2121	in the state.
2122	(h)  Proposals for programs that would address the state's
2123	need for rapid production of highly skilled clinical nurses and
2124	qualified nursing faculty, such as the fast-track baccalaureate
2125	to doctoral program, the Clinical Nurse Leader Program, and the
2126	Doctor of Nursing Practice program.
2127	(4)  Subsequent to the first year of funding for the grant
2128	program, priority for awarding grants shall be for renewal
2129	grants to nursing programs that are making adequate progress
2130	towards their contracted production.
2131	(5)  Grant recipients must enter into a contract between
2132	the postsecondary educational institution and the state to
2133	produce a specific number of nursing graduates within a specific
2134	time period.
2135	(6)  Nursing programs receiving grants pursuant to this
2136	section must submit periodic reports to the department
2137	documenting compliance with the accountability measures
2138	established by the department. Award amounts in subsequent years
2139	shall be tied to student retention; the production of degrees,
2140	certificates, or diplomas; and the number of graduates placed in
2141	a nursing position in the state.
2142	(7)  Proposals submitted pursuant to this section shall be
2143	reviewed by the Board of Nursing and the State Board of
2144	Education. Final approval and level of funding shall be
2145	determined by the State Board of Education with consideration
2146	given to comments submitted to the State Board of Education by
2147	the Board of Nursing.
2148	(8)  The State Board of Education shall monitor compliance
2149	with accountability requirements.
2150	(9)  By February 1, 2006, the State Board of Education
2151	shall submit a report to the President of the Senate and the
2152	Speaker of the House of Representatives on the status of
2153	implementation of the grant program.
2154	1011.97  SUCCEED, FLORIDA! Career Paths Program.--
2155	(1)  The SUCCEED, FLORIDA! Career Paths Program is
2156	established as a grant program within the Department of
2157	Education to provide startup grants to offset implementation
2158	costs of partnerships between a district school board or the
2159	Florida Virtual School and one or more businesses, industries,
2160	or postsecondary educational institutions to operate a career
2161	and professional academy pursuant to s. 1014.21. The Office of
2162	Career Education in the department shall administer the startup
2163	grants.
2164	(2)  A district school board or the Florida Virtual School
2165	may apply to the Office of Career Education for a grant which
2166	must be provided through a competitive process and may be used
2167	only for a career and professional academy.
2168	(3)  A high school that currently has a career academy,
2169	career institute, industry-certified program, or
2170	preapprenticeship program as well as a charter technical career
2171	center shall be eligible to apply for a grant to redesign its
2172	programs to meet the rigorous and relevant academic standards of
2173	a career and professional academy.
2174	(4)  Curriculum and content developed in a career and
2175	professional academy as a result of a startup grant shall be
2176	made available to all school districts.
2177	1011.98  SUCCEED, FLORIDA! Great Jobs Program.--
2178	(1)  The SUCCEED, FLORIDA! Great Jobs Program is
2179	established to award funds to public and private postsecondary
2180	educational institutions in the state on a competitive basis to
2181	produce more qualified and trained graduates to enter high-
2182	skill, high-wage occupations in the state.
2183	(2)  Beginning with the 2006-2007 fiscal year, funds
2184	appropriated by the Legislature to the Department of Education
2185	for the SUCCEED, FLORIDA! Great Jobs Program shall be
2186	distributed according to the provisions of this section.
2187	(3)  The department shall develop and issue annually a
2188	request for proposals. The department shall establish
2189	application procedures, guidelines, accountability measures, and
2190	timelines for implementation of the grant program.
2191	(4)  Proposals for a grant authorized pursuant to this
2192	section must:
2193	(a)  Indicate the number of students to be served, the
2194	length of the proposed program, and the total projected cost to
2195	students and the state. Funds for a grant provided pursuant to
2196	this section must be used to support new students and not to
2197	supplant current funding or students.
2198	(b)  Document the workforce need to be addressed.
2199	(c)  Demonstrate a pool of qualified applicants.
2200	(d)  Be submitted by a public or nonpublic postsecondary
2201	educational institution in the state that provides postsecondary
2202	instruction in a field that produces graduates prepared to enter
2203	an occupation identified in the priority list established
2204	pursuant to subsection (5). For purposes of this section,
2205	postsecondary educational institutions include school district
2206	career centers that offer postsecondary programs.
2207	(e)  Indicate the number of postsecondary diplomas,
2208	certificates, or degrees that the institution will award using
2209	funds received pursuant to this section and the fields in which
2210	the diplomas, certificates, or degrees will be awarded.
2211	(f)  Indicate how the funds received will leverage private
2212	industry contributions, grants, or scholarships and how the
2213	funds will be used to offset costs to the state for program
2214	startup or expansion or to offset student tuition costs.
2215	(5)  By March 1, 2006, and annually thereafter, the State
2216	Board of Education, using information provided by the Workforce
2217	Estimating Conference pursuant to s. 216.136(9), shall advise
2218	the Legislature of the workforce needs in high-skill, high-wage
2219	occupations and the geographic locations of these needs. The
2220	Legislature shall annually establish a priority list for funds
2221	provided pursuant to this section in the General Appropriations
2222	Act.
2223	(6)  The State Board of Education must review proposals and
2224	determine funding to be provided based on the priority list
2225	established pursuant to subsection (5).
2226	(7)  Grant recipients must enter into a contract with the
2227	state to produce a specific number of graduates in the
2228	designated program within a specific time period. Grant
2229	recipients must submit periodic reports to the department
2230	documenting compliance with the accountability measures
2231	established by the department. The State Board of Education must
2232	monitor compliance with the accountability requirements.
2233	(8)  Final payments shall be tied to the number of degrees,
2234	certificates, or diplomas produced and the number of graduates
2235	placed in the state.
2236	Section 37.  Section 1012.82, Florida Statutes, is amended
2237	to read:
2238	1012.82  Teaching faculty; minimum teaching hours per
2239	week.--Each full-time member of the teaching faculty at any
2240	community college, including faculty who teach upper-division
2241	courses that are a component part of a baccalaureate degree
2242	program approved pursuant to s. 1007.33, who is paid wholly from
2243	funds appropriated from the community college program fund shall
2244	teach a minimum of 15 classroom contact hours per week at such
2245	institution. However, the required classroom contact hours per
2246	week may be reduced upon approval of the president of the
2247	institution in direct proportion to specific duties and
2248	responsibilities assigned the faculty member by his or her
2249	departmental chair or other appropriate college administrator.
2250	Such specific duties may include specific research duties,
2251	specific duties associated with developing television, video
2252	tape, or other specifically assigned innovative teaching
2253	techniques or devices, or assigned responsibility for off-campus
2254	student internship or work-study programs. A "classroom contact
2255	hour" consists of a regularly scheduled classroom activity of
2256	not less than 50 minutes in a course of instruction which has
2257	been approved by the community college board of trustees. Any
2258	full-time faculty member who is paid partly from community
2259	college program funds and partly from other funds or
2260	appropriations shall teach a minimum number of classroom contact
2261	hours per week in such proportion to 15 classroom contact hours
2262	as his or her salary paid from community college program funds
2263	bears to his or her total salary.
2264	Section 38.  Subsection (2) of section 1013.60, Florida
2265	Statutes, is amended to read:
2266	1013.60  Legislative capital outlay budget request.--
2267	(2)  The commissioner shall submit to the Governor and to
2268	the Legislature an integrated, comprehensive budget request for
2269	educational facilities construction and fixed capital outlay
2270	needs for school districts, community colleges, and
2271	universities, pursuant to the provisions of s. 1013.64 and
2272	applicable provisions of chapter 216. Each community college
2273	board of trustees and each university board of trustees shall
2274	submit to the commissioner a 3-year plan and data required in
2275	the development of the annual capital outlay budget. Community
2276	college boards of trustees may request funding for all
2277	authorized programs, including approved baccalaureate degree
2278	programs. Such a request for funding must be submitted as a part
2279	of the 3-year priority list for community colleges pursuant to
2280	s. 1013.64(4)(a). Enrollment in approved baccalaureate degree
2281	programs or baccalaureate degree programs offered under a formal
2282	agreement with another college or university pursuant to s.
2283	1007.33 may be computed into the survey of need for facilities
2284	if the partner is not defraying the cost. No further
2285	disbursements shall be made from the Public Education Capital
2286	Outlay and Debt Service Trust Fund to a board of trustees that
2287	fails to timely submit the required data until such board of
2288	trustees submits the data.
2289	Section 39.  Chapter 1014, Florida Statutes, consisting of
2290	sections 1014.01, 1014.05, 1014.15, 1014.18, and 1014.21, is
2291	created to read:
2292	1014.01  Career education.--
2293	(1)  As used in this chapter, the term "career education"
2294	includes career certificate programs, applied technology diploma
2295	programs, degree career education programs, apprenticeship and
2296	preapprenticeship programs, career academy programs, and other
2297	rigorous career education programs offered by school districts,
2298	the Florida Virtual School, and postsecondary educational
2299	institutions to prepare students for rewarding careers.
2300	(2)  The rigorous career education system shall:
2301	(a)  Prepare students in career education programs,
2302	including career and professional academies, to:
2303	1.  Succeed in postsecondary education.
2304	2.  Attain and sustain employment and have the opportunity
2305	to realize economic self-sufficiency.
2306	(b)  Prepare students to enter rewarding careers identified
2307	by the Workforce Estimating Conference, pursuant to s. 216.136,
2308	and other programs of critical state need as approved by
2309	Workforce Florida, Inc.
2310	(c)  Produce skilled employees for employers in the state
2311	pursuant to s. 445.006(1).
2312	1014.05  Guiding principles for career education.--
2313	(1)  All students should have the opportunity to graduate
2314	from high school ready to embark on rewarding careers and
2315	prepared for postsecondary education.
2316	(2)  Both secondary and postsecondary career education
2317	programs must include a rigorous and relevant academic program.
2318	(3)  Instructional delivery systems for both secondary and
2319	postsecondary career education programs should include qualified
2320	teachers delivering a career education curriculum in a relevant
2321	context with student-centered, research-based instructional
2322	strategies and a rigorous standards-based academic curriculum.
2323	1014.15  Deputy Commissioner of Career Education; Office of
2324	Career Education.--
2325	(1)  The position of Deputy Commissioner of Career
2326	Education is established in the Department of Education to
2327	direct the department's Office of Career Education established
2328	in s. 1001.20(4). The deputy commissioner shall be responsible
2329	for evaluating the role of public and private secondary and
2330	postsecondary educational programs in providing rigorous career
2331	education and reporting to the Commissioner of Education the
2332	effectiveness of such programs; developing in partnership with
2333	the business community and Workforce Florida, Inc., a statewide
2334	marketing plan for secondary career education to attract high
2335	school students into careers of critical state need; and
2336	promoting seamless articulation throughout the career education
2337	system. The deputy commissioner shall be a person with
2338	established business credentials or proven success in
2339	collaborating with the private sector in designing and
2340	implementing successful career education programs as described
2341	in s. 1014.21. The deputy commissioner shall be appointed by the
2342	Commissioner of Education and shall report to the commissioner.
2343	(2)  The Office of Career Education shall promote a
2344	seamless secondary through postsecondary career education system
2345	that is flexible, able to respond in a timely manner to student
2346	and workforce needs, and not controlled by any one education
2347	sector.
2348	1014.18  Legislative expectations and funding criteria for
2349	the career education system.--Legislative expectations and
2350	funding criteria for the rigorous career education system are as
2351	follows:
2352	(1)  Seamless career education articulation both vertically
2353	and horizontally.
2354	(2)  Creative career counseling strategies and enhanced
2355	guidance structures, including:
2356	(a)  A secondary and postsecondary academic and career
2357	education online student advising and guidance system that is
2358	student and parent friendly and partners with the business and
2359	industry community as well as postsecondary educational
2360	institutions in this state and other states.
2361	(b)  Promotion in middle school of secondary and
2362	postsecondary career education programs, including opportunities
2363	to participate in a career and professional academy. Such
2364	promotion shall take place through middle school exploratory
2365	courses and use of the secondary and postsecondary academic and
2366	career education online student advising and guidance system
2367	described in s. 1006.01.
2368	(c)  Involvement of Workforce Florida, Inc., and regional
2369	workforce boards.
2370	(d)  Partnerships with business and industry using tools,
2371	equipment, and systems used in the business setting, including
2372	internships, externships, and on-the-job training.
2373	(e)  Opportunities and encouragement for parent
2374	participation in secondary and postsecondary career education
2375	planning.
2376	(f)  Professional development programs to assist guidance
2377	counselors in using a mentor-teacher guidance model.
2378	(3)  Review of Sunshine State Standards for high school to
2379	ensure that they incorporate the appropriate rigor and relevance
2380	based on research-based programs that have been proven to be
2381	effective.
2382	(4)  Review, by December 1, 2006, of current high school
2383	graduation requirements and high school course enrollments to
2384	determine the effect of increasing high school graduation
2385	requirements to include four credits in mathematics and science
2386	and eliminate the options for satisfying Algebra I.
2387	(5)  Review of teaching practices and pedagogy in all
2388	teacher preparation pathways to ensure that future teachers are
2389	able to deliver rigorous instruction in a relevant manner using
2390	real world work experience to teach specific skills.
2391	(6)  Professional development for current teachers which
2392	focuses on student-centered instructional strategies that move
2393	students from the early learning stage of awareness to higher
2394	learning stages of analysis, adaptation, and application of
2395	knowledge.
2396	(7)  Development of career and professional academies,
2397	including:
2398	(a)  Rigorous and relevant academic standards and curricula
2399	and increased academic performance of students and schools using
2400	school-level accountability data.
2401	(b)  Best practices that include rigorous and relevant
2402	academic standards and curricula, are based on research and
2403	proven effective programs, and include preparation of high
2404	school graduates for rewarding careers and postsecondary
2405	education.
2406	(c)  A plan for replicating successful academies that
2407	demonstrate high performance in preparing students for both
2408	rewarding careers and postsecondary education and that respond
2409	to workforce needs.
2410	(8)  Significant improvements in coordination and quality
2411	of career education data collection, including comparison of
2412	diploma, certificate, and degree production to workforce needs;
2413	secondary and postsecondary career education program followup
2414	surveys to determine student outcomes; second-year postsecondary
2415	student resume postings on the Workforce Florida, Inc.,
2416	employment website; and submission of student enrollment and
2417	graduation information to the Florida Education and Training
2418	Placement Information Program.
2419	(9)  Elimination of waiting lists for rigorous secondary
2420	and postsecondary career education programs.
2421	(10)  Aggressive promotion of the Bright Futures Florida
2422	Gold Seal Vocational Scholarship as a career-enhancing
2423	scholarship applicable to all postsecondary career education
2424	programs.
2425	(11)  Establishment of secondary and postsecondary career
2426	education best practices for relevant student-centered,
2427	research-based instructional strategies.
2428	(12)  Regular review of all secondary career education
2429	courses to identify those courses equivalent to postsecondary
2430	career education courses based on course content for inclusion
2431	in dual enrollment programs.
2432	(13)  A marketing plan for secondary career education to
2433	attract high school students into careers of critical state
2434	need, developed in partnership with the business community and
2435	Workforce Florida, Inc., that includes:
2436	(a)  Direct statewide marketing to students and families in
2437	cooperation with Workforce Florida, Inc., and the Agency for
2438	Workforce Innovation.
2439	(b)  Business participation in all career education
2440	programs through the use of incentives.
2441	(c)  Professional recruiters to provide information and
2442	career opportunities.
2443	(d)  Advertisements and public service announcement
2444	campaigns designed by business representatives to inform
2445	students and their parents about career education programs and
2446	career and employment opportunities.
2447	(14)  Strong coordination with Workforce Florida, Inc., and
2448	the Agency for Workforce Innovation.
2449	(15)  Workforce skills-based training that assesses
2450	workforce skills and matches these skills with specific careers.
2451	(16)  Strong criteria and accountability measures for
2452	postsecondary career education programs, including increased
2453	participant completion rates, program accountability, and
2454	longitudinal program evaluation.
2455	(17)  Identification and elimination of low-performing and
2456	geographically duplicative career education programs.
2457	(18)  Incentives to encourage successful participant
2458	completion of postsecondary career education programs.
2459	(19)  A methodology for business experts to be able to
2460	teach career education subjects within their areas of expertise
2461	in postsecondary career education programs.
2462	(20)  Provision of postsecondary career education programs
2463	in time segments needed by business.
2464	(21)  Career education regional strategic plans coordinated
2465	with regional workforce boards, area chambers of commerce, local
2466	employers, school districts, career centers, and community
2467	colleges that address:
2468	(a)  Articulation agreements between secondary and
2469	postsecondary career education and college programs for a
2470	seamless transition of students and maximum transferability of
2471	coursework through the career education system.
2472	(b)  Career ladders for students from high school through
2473	higher levels of postsecondary training.
2474	(c)  Access to career education programs through multiple
2475	site offerings, short-term accelerated training options, and
2476	distance learning.
2477	(22)  Beginning December 31, 2005, and each year
2478	thereafter, an articulation audit for secondary and
2479	postsecondary career education that:
2480	(a)  Focuses on courses and programs within the industry
2481	sector targeted by Enterprise Florida, Inc., for economic
2482	development.
2483	(b)  Identifies specific improvements needed to maximize
2484	credit given to public and private secondary and postsecondary
2485	students.
2486	(c)  Identifies successful local articulation agreements
2487	that could be replicated statewide.
2488	(d)  Identifies courses in career centers that articulate
2489	to degree programs at postsecondary educational institutions.
2490	(23)  Recommendations for changes to the current funding
2491	methodology leading to:
2492	(a)  Heightened recognition of the critical role of
2493	rigorous career education to the state's workforce needs.
2494	(b)  Flexibility of rigorous career education programs to
2495	fill critical need careers.
2496	(c)  Leveraging of private resources to create public-
2497	private career education partnerships.
2498	(d)  Criteria for funding public postsecondary career
2499	education that is consistent whether offered in the community
2500	college system or the public school system.
2501	(e)  SUCCEED, FLORIDA! Career Paths Program competitive
2502	grants as provided in the General Appropriations Act.
2503	(f)  Identification of appropriate cost categories and, if
2504	needed, weighted enrollment funding for each cost category in
2505	the Florida Education Finance Program for career and
2506	professional academy courses or programs that use technology,
2507	equipment, materials, and consumable supplies reflective of
2508	industry requirements or industry certification requirements.
2509	(24)  Annual recommendations for statutory and funding
2510	revisions needed to enhance the career education system.
2511	(25)  A clear and detailed annual report on the progress of
2512	full implementation of the career education system.
2513	1014.21  Career and professional academies.--
2514	(1)  Effective July 1, 2005, a "career and professional
2515	academy" means a research-based, rigorous career education
2516	program that combines relevant academic and technical curricula
2517	around a career theme and is offered by a school district,
2518	collaborating school districts, or the Florida Virtual School
2519	for the purpose of providing an instructional delivery system
2520	that incorporates relevant and rigorous academic standards with
2521	industry and business relevancy.
2522	(2)  Career and professional academies may be offered
2523	through career academies, career institutes, industry-certified
2524	career education programs, preapprenticeship programs, or
2525	charter technical career centers.
2526	(3)  Use of the title "career and professional academy" may
2527	be employed by one or more programs in a high school, a school
2528	within a high school, or a career center, but may only be used
2529	when each program using the title is fully compliant with the
2530	criteria in subsection (4).
2531	(4)  Each career and professional academy must:
2532	(a)  Provide a rigorous and relevant standards-based
2533	academic curriculum through a career-based theme, using
2534	instruction relevant to the career. The curriculum must take
2535	into consideration multiple styles of student learning; promote
2536	learning by doing through application and adaptation; maximize
2537	relevance of the subject matter; enhance each student's capacity
2538	to excel; and include an emphasis on work habits and work
2539	ethics. Such instruction may include diversified cooperative
2540	education, work experience, on-the-job training, and dual
2541	enrollment.
2542	(b)  Include one or more partnerships with businesses,
2543	employers, industry economic development agencies, or other
2544	appropriate sectors of the local community. Such a partnership
2545	should include the opportunity for persons who are highly
2546	skilled in the targeted subject matter of an academy program to
2547	provide instruction for the academy.
2548	(c)  Include one or more partnerships with a private or
2549	public postsecondary educational institution accredited by a
2550	regional or national accrediting agency recognized by the United
2551	States Department of Education. The educational partner must
2552	agree to articulate coursework to maximize transferability of
2553	credit.
2554	(d)  Include program offerings which correlate directly
2555	with industry certifications, with targeted high-priority local
2556	business and career opportunities, and with high-growth, high-
2557	demand, and high-pay occupations identified on the statewide
2558	targeted occupations list of the Workforce Estimating
2559	Conference.
2560	(e)  Establish strong eligibility criteria for student
2561	participation. While recognizing that rigorous academic
2562	performance will be expected of all students participating in an
2563	academy, initial eligibility criteria should permit
2564	opportunities for students who may not yet meet the academic
2565	requirements but demonstrate characteristics that may lead to
2566	success in an academy. The aim of an academy should be to serve
2567	not only students who are already succeeding but also students
2568	who would succeed if the proper teaching and motivational
2569	opportunities are provided.
2570	(f)  Establish relationships with business partners for use
2571	of state-of-the-art equipment in the instructional program of
2572	each academy.
2573	(5)  A course offered by the Florida Virtual School related
2574	to a career and professional academy program shall give priority
2575	for enrollment to public school students in a career and
2576	professional academy that does not have the specific career or
2577	professional course offering.
2578	(6)  Middle schools are encouraged to develop curricula and
2579	classes that will prepare students to easily and seamlessly
2580	enter high school career and professional academies.
2581	(7)(a)  The State Board of Education shall adopt rules
2582	under ss. 120.536(1) and 120.54 to administer the provisions of
2583	this section.
2584	(b)  The State Board of Education, pursuant to s. 1008.32,
2585	shall enforce the provisions of this section.
2586	Section 40.  Paragraphs (h) and (l) of subsection (4) of
2587	section 215.20, Florida Statutes, are amended to read:
2588	215.20  Certain income and certain trust funds to
2589	contribute to the General Revenue Fund.--
2590	(4)  The income of a revenue nature deposited in the
2591	following described trust funds, by whatever name designated, is
2592	that from which the appropriations authorized by subsection (3)
2593	shall be made:
2594	(h)  Within the Department of Education:
2595	1.  The Educational Certification and Service Trust Fund.
2596	2.  The Phosphate Research Trust Fund.
2597	3.  The Nursing Student Loan Reimbursement Trust Fund.
2598	(l)  Within the Department of Health:
2599	1.  The Administrative Trust Fund.
2600	2.  The Brain and Spinal Cord Injury Program Trust Fund.
2601	3.  The Donations Trust Fund.
2602	4.  The Emergency Medical Services Trust Fund.
2603	5.  The Epilepsy Services Trust Fund.
2604	6.  The Florida Drug, Device, and Cosmetic Trust Fund.
2605	7.  The Grants and Donations Trust Fund.
2606	8.  The Medical Quality Assurance Trust Fund.
2607	9.  The Nursing Student Loan Forgiveness Trust Fund.
2608	9.10.  The Planning and Evaluation Trust Fund.
2609	10.11.  The Radiation Protection Trust Fund.
2610
2611	The enumeration of the foregoing moneys or trust funds shall not
2612	prohibit the applicability thereto of s. 215.24 should the
2613	Governor determine that for the reasons mentioned in s. 215.24
2614	the money or trust funds should be exempt herefrom, as it is the
2615	purpose of this law to exempt income from its force and effect
2616	when, by the operation of this law, federal matching funds or
2617	contributions or private grants to any trust fund would be lost
2618	to the state.
2619	Section 41.  Discounted computers and Internet access for
2620	students.--
2621	(1)  There is created a program to offer computers and
2622	Internet access at a discounted price to students enrolled in
2623	grades 5 through 12 in a public school in the state.
2624	(2)  The Department of Education shall negotiate with
2625	computer manufacturers and with nonprofit corporations that
2626	obtain reconditioned computer hardware concerning:
2627	(a)  The prices of discounted computers and whether
2628	computer accessories such as printers or scanners will be
2629	offered to the students at reduced prices.
2630	(b)  Specialized software and hardware packages, including,
2631	but not limited to:
2632	1.  A word processor;
2633	2.  Software and hardware necessary to enable broadband
2634	Internet access; and
2635	3.  An operating system.
2636	(c)  The type of warranty that is to be provided to the
2637	students and whether an extended warranty will be available to
2638	the students and under what terms.
2639	(3)  The Department of Education shall negotiate with
2640	broadband Internet access providers concerning the prices of
2641	discounted broadband Internet access packages. In areas in which
2642	broadband Internet access is not currently available, the
2643	department shall negotiate with non-broadband Internet access
2644	providers.
2645	(4)  The Department of Education shall adopt rules
2646	concerning:
2647	(a)  How to integrate into this program the provision of
2648	computer or technical training to students in their respective
2649	school districts.
2650	(b)  How parents and students may be notified of the
2651	discounted computer and Internet access choices available.
2652	(c)  The distribution of eligibility certificates to the
2653	students, the locations at which discounted computers and
2654	Internet access services are available for purchase, and how
2655	students may obtain and pay for the equipment and services
2656	covered by this program.
2657	Section 42.  Discounted computers and Internet access for
2658	low-income students; pilot project.--
2659	(1)  The Digital Divide Council, in consultation with the
2660	Department of Education, shall implement a pilot project to
2661	assist low-income students to purchase discounted computers and
2662	Internet access services as negotiated by the department. The
2663	council shall identify counties, grade levels, and low-income
2664	eligibility criteria for participation in the pilot project.
2665	(2)  The pilot project shall be funded in an amount to be
2666	determined in the General Appropriations Act. The Digital Divide
2667	Council is authorized to accept grants from additional public
2668	and private sources to implement the pilot project.
2669	Section 43.  The Office of Program Policy Analysis and
2670	Government Accountability shall monitor and study how career and
2671	professional academies are implemented in the state. The
2672	following shall be the major focus of the study: to determine
2673	whether and how much postsecondary course credit is awarded to
2674	students and whether that credit is transferable to institutions
2675	other than the postsecondary partner; to determine the extent to
2676	which courses are articulating to higher certificates and
2677	degrees; to determine if there is a better way to coordinate a
2678	seamless progression for students in a career and professional
2679	academy program from middle school through high school and
2680	postsecondary education; and to make recommendations for future
2681	changes for oversight and coordination of career education
2682	courses and programs. The Office of Program Policy Analysis and
2683	Government Accountability shall also determine the extent to
2684	which and under what conditions vocational and technical centers
2685	in states that are members of the Southern Regional Education
2686	Board are permitted to use the term "college" as part of their
2687	name and the impact of such usage on accreditation, transfer of
2688	credit, and other articulation issues. The report and
2689	recommendations shall be submitted to the Governor, the
2690	President of the Senate, and the Speaker of the House of
2691	Representatives by December 1, 2007.
2692	Section 44.  The Office of Program Policy Analysis and
2693	Government Accountability shall conduct a study to examine how
2694	each state university supports students in making timely
2695	progress toward the completion of the student's degree. The
2696	study shall review, at a minimum, how each university informs
2697	students of the courses they must successfully complete for
2698	their majors; how students are advised of satisfactory progress
2699	toward completion of degrees; and the process used by the
2700	institution to ensure that courses required for completion of a
2701	degree are available each term. The study shall also evaluate
2702	the effectiveness of each state university's current procedures,
2703	assess the cost of implementing a universal tracking degree
2704	audit system, and assess what savings would be accrued from such
2705	a system. A report of the results of the study shall be
2706	submitted to the Governor, the President of the Senate, and the
2707	Speaker of the House of Representatives by January 1, 2006.
2708	Section 45.  By July 1, 2006, the Department of Education,
2709	with input from public and private postsecondary educational
2710	institutions, shall identify national standardized or licensure
2711	examinations by which secondary and postsecondary students may
2712	demonstrate mastery of postsecondary nursing course material and
2713	earn postsecondary credit for such courses. The examinations and
2714	corresponding minimum scores required for an award of credit
2715	shall be delineated by the State Board of Education in the
2716	statewide articulation agreement. The delineation of such
2717	examinations shall not preclude community colleges and
2718	universities from awarding credit by examination based on
2719	student performance on examinations developed within and
2720	recognized by the individual postsecondary educational
2721	institutions. By February 1, 2006, the Department of Education
2722	shall provide to the Governor, the President of the Senate, and
2723	the Speaker of the House of Representatives a status report on
2724	implementation of this section.
2725	Section 46.  One full-time equivalent position is
2726	authorized and the sum of $175,000 is appropriated from
2727	recurring general revenue to the Department of Education for the
2728	position of Deputy Commissioner of Career Education. The funds
2729	appropriated are for salary rate, benefits, expenses, operating
2730	capital outlay, and human resource services. The Commissioner of
2731	Education shall transfer existing positions and funds as
2732	appropriate for the creation of the Office of Career Education.
2733	Such funds shall include, but are not limited to, salary rate,
2734	benefits, expenses, other personal services, operating capital
2735	outlay, and human resource services.
2736	Section 47.  All statutory powers, duties, functions,
2737	records, positions, property, and unexpended balances of
2738	appropriations, allocations, or other funds of the Department of
2739	Health relating to the Nursing Student Loan Reimbursement
2740	Program and the Nursing Student Loan Reimbursement Trust Fund as
2741	created in s. 1009.66, Florida Statutes, and the Nursing
2742	Scholarship Loan Program as created in s. 1009.67, Florida
2743	Statutes, are transferred by a type two transfer as provided for
2744	in s. 20.06(2), Florida Statutes, from the Department of Health
2745	to the Department of Education.
2746	Section 48.  To provide statewide guidance and coordination
2747	with regard to bachelor of applied science degree programs,
2748	minimize the unnecessary proliferation of such programs in
2749	narrowly defined specialty areas, and assist the State Board of
2750	Education in making decisions relating to the approval of
2751	proposals from community colleges to offer such programs, the
2752	state board shall convene a workgroup with representatives from
2753	community colleges, state universities, and independent colleges
2754	and universities to develop recommendations on the degree
2755	requirements for a bachelor of applied science degree and
2756	protocols for accepting credits earned by transfer students in
2757	such programs. The State Board of Education shall submit a
2758	report on the findings and recommendations of the workgroup to
2759	the President of the Senate and the Speaker of the House of
2760	Representatives by February 1, 2006. This does not preclude any
2761	recommendation or authorization regarding the Daytona Beach
2762	Community College proposal for a bachelor of applied science
2763	degree program presented at the April 2005 meeting of the State
2764	Board of Education.
2765	Section 49.  Approval is granted for the endowment for the
2766	Appleton Museum of Art, currently held by the Appleton Cultural
2767	Center, Inc., to be transferred to the Central Florida Community
2768	College Foundation. The endowment to be transferred, which
2769	includes state matching funds, was established in 1987 through
2770	the Cultural Arts Endowment Program. By this provision, the
2771	Central Florida Community College Foundation is authorized to
2772	manage the endowment only for the support of the educational
2773	program at the Appleton Museum of Art and is released from all
2774	other provisions of the Trust Agreement dated July 17, 1987, by
2775	and between the State of Florida and the Appleton Cultural
2776	Center, Inc., and ss. 265.601-265.607, Florida Statutes.
2777	Section 50.  This act shall take effect July 1, 2005.

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