Amendment
Bill No. 0670

Amendment No. 979091

CHAMBER ACTION
Senate		House
.
.
.

---

---

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  Section 446.609, Florida Statutes, is repealed.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

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