Senate Bill sb1658

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    Florida Senate - 2006                                  SB 1658

    By Senator Lynn





    7-1025-06                                        See CS/HB 137

  1                      A bill to be entitled

  2         An act relating to the awarding of

  3         baccalaureate degrees by community colleges;

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

  5         community colleges that grant baccalaureate

  6         degrees remain under the authority of the State

  7         Board of Education with respect to specified

  8         responsibilities; providing that the board of

  9         trustees is the governing board for purposes of

10         granting baccalaureate degrees; providing

11         powers of the boards of trustees, including the

12         power to establish tuition and out-of-state

13         fees; providing restrictions; requiring

14         policies relating to minimum faculty teaching

15         hours per week; amending s. 1004.65, F.S.;

16         requiring community colleges that offer

17         baccalaureate degrees to maintain their primary

18         mission and prohibiting the termination of

19         associate degree programs; amending s. 1004.73,

20         F.S.; removing authorization for St. Petersburg

21         College to request funding from the Public

22         Education Capital Outlay and Debt Service Trust

23         Fund as a university; amending s. 1007.33,

24         F.S.; removing requirement that baccalaureate

25         degree program proposals be submitted to the

26         Council for Education Policy Research and

27         Improvement for review and comment; providing

28         requirements for the delivery of specified

29         baccalaureate degree programs by a regionally

30         accredited college or university at a community

31         college site; requiring notification to

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




 1         colleges and universities of intent to offer

 2         the degree program; amending s. 1009.23, F.S.;

 3         providing guidelines and restrictions for

 4         setting tuition and out-of-state fees for

 5         upper-division courses; requiring the State

 6         Board of Education to adopt a resident fee

 7         schedule for baccalaureate degree programs

 8         offered by community colleges; amending s.

 9         1011.83, F.S.; providing requirements for

10         funding baccalaureate degree programs,

11         including funding nonrecurring and recurring

12         costs associated with such programs; providing

13         state policy to limit state support for

14         recurring operating purposes to no more than a

15         specified percentage of funding for certain

16         state university programs; providing certain

17         reporting and funding requirements; amending s.

18         1013.60, F.S.; allowing boards of trustees to

19         request funding for all authorized programs;

20         providing that enrollment in baccalaureate

21         degree programs may be computed into the survey

22         of need for facilities under certain

23         conditions; providing an effective date.

24  

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

26  

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

28  1001.64, Florida Statutes, are amended to read:

29         1001.64  Community college boards of trustees; powers

30  and duties.--

31  

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




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

 2  cost-effective policy decisions appropriate to the community

 3  college's mission, the implementation and maintenance of

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

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

 6  reporting of information, and the provision of input regarding

 7  state policy, budgeting, and education standards. Community

 8  colleges may grant baccalaureate degrees pursuant to s.

 9  1007.33 and shall remain under the authority of the State

10  Board of Education with respect to planning, coordination,

11  oversight, and budgetary and accountability responsibilities.

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

13  responsibility to govern its respective community college and

14  with such necessary authority as is needed for the proper

15  operation and improvement thereof in accordance with rules of

16  the State Board of Education. This authority includes serving

17  as the governing board for purposes of granting baccalaureate

18  degrees as authorized in s. 1007.33 and approved by the State

19  Board of Education.

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

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

22  student activities, financial assistance, and other student

23  services.

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

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

26  of Education. A board of trustees may establish additional

27  admissions criteria, which shall be included in the district

28  interinstitutional articulation agreement developed according

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

30  instruction. Each board of trustees may consider the past

31  actions of any person applying for admission or enrollment and

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




 1  may deny admission or enrollment to an applicant because of

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

 3  community college.

 4         (b)  Each board of trustees shall adopt rules

 5  establishing student performance standards for the award of

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

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

 8  baccalaureate degree under s. 1007.33 may continue to award

 9  degrees, diplomas, and certificates as authorized for the

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

11  receives any necessary changes to its accreditation.

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

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

14  consistent with law and proviso language in the General

15  Appropriations Act; however, a board of trustees may not vary

16  tuition and out-of-state fees as provided in s. 1009.23(4).

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

18  intrainstitutional and interinstitutional programs to maximize

19  articulation pursuant to s. 1007.22.

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

21  curricula, which shall include courses required by the State

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

23  1007.25(6).

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

25  antihazing policy, provide a program for the enforcement of

26  such rules, and adopt appropriate penalties for violations of

27  such rules pursuant to the provisions of s. 1006.63.

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

29  code of conduct and appropriate penalties for violation of its

30  rules by students and student organizations, including rules

31  governing student academic honesty. Such penalties, unless

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




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

 2  of diplomas or transcripts pending compliance with rules or

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

 4  or dismissal.

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

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

 7  Board of Education that reasonably accommodates the religious

 8  observance, practice, and belief of individual students in

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

10  examinations and work assignments.

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

12  providing that faculty who teach upper-division courses that

13  are a component part of a baccalaureate degree program must

14  meet the requirements of s. 1012.82.

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

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

17  amended to read:

18         1004.65  Community colleges; definition, mission, and

19  responsibilities.--

20         (7)  A separate and secondary role for community

21  colleges includes:

22         (a)  Providing upper level instruction and awarding

23  baccalaureate degrees as specifically authorized by law. A

24  community college that is approved to offer baccalaureate

25  degree programs shall maintain its primary mission pursuant to

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

27  associate in science degree programs as a result of the

28  authorization to offer baccalaureate degree programs.

29         (9)  Community colleges are authorized to offer such

30  programs and courses as are necessary to fulfill their mission

31  and are authorized to grant associate in arts degrees,

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




 1  associate in science degrees, associate in applied science

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

 3  college is also authorized to make provisions for the General

 4  Educational Development test. Each community college may

 5  provide access to and award baccalaureate degrees in

 6  accordance with law.

 7         Section 3.  Subsection (7) of section 1004.73, Florida

 8  Statutes, is amended to read:

 9         1004.73  St. Petersburg College.--

10         (7)  FACILITIES.--St. Petersburg College may request

11  funding from the Public Education Capital Outlay and Debt

12  Service Trust Fund as a community college and as a university.

13  The municipalities in Pinellas County, the Board of County

14  Commissioners of Pinellas County, and all other governmental

15  entities are authorized to cooperate with the Board of

16  Trustees of St. Petersburg College in establishing this

17  institution. The acquisition and donation of lands, buildings,

18  and equipment for the use of St. Petersburg College are

19  authorized as a public purpose. The Board of County

20  Commissioners of Pinellas County and all municipalities in

21  Pinellas County may exercise the power of eminent domain to

22  acquire lands, buildings, and equipment for the use of St.

23  Petersburg College, regardless of whether such lands,

24  buildings, and equipment are located in a community

25  redevelopment area.

26         Section 4.  Subsection (3) of section 1007.33, Florida

27  Statutes, is amended, subsection (4) is renumbered as

28  subsection (6), and new subsections (4) and (5) are added to

29  that section, to read:

30         1007.33  Site-determined baccalaureate degree access.--

31  

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




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

 2  deliver specified baccalaureate degree programs in its

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

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

 5  community college's proposal must include the following

 6  information:

 7         (a)  Demand for the baccalaureate degree program is

 8  identified by the workforce development board, local

 9  businesses and industry, local chambers of commerce, and

10  potential students.

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

12  program is substantiated.

13         (c)  The community college has the facilities and

14  academic resources to deliver the program.

15  

16  The proposal must be submitted to the Council for Education

17  Policy Research and Improvement for review and comment. Upon

18  approval of the State Board of Education for the specific

19  degree program or programs, the community college shall pursue

20  regional accreditation by the Commission on Colleges of the

21  Southern Association of Colleges and Schools. Any additional

22  baccalaureate degree programs the community college wishes to

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

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

25  baccalaureate degree programs by a regionally accredited

26  public or private college or university at a community college

27  site must include:

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

29  the degree in the community college district.

30         (b)  A financial commitment to the development,

31  implementation, and maintenance of the specified degree

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




 1  program on behalf of the college or university which includes

 2  timelines.

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

 4  offering of the curriculum for the specified degree by faculty

 5  at both the community college and the college or university.

 6  The curriculum for the specified degree must be developed and

 7  approved within 6 months after the agreement between the

 8  community college and the college or university is signed.

 9         (5)  A community college proposal to deliver a

10  specified baccalaureate degree program must document that the

11  community college has notified in writing the accredited

12  public and private colleges and universities in the community

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

14  of the proposed program. The notified colleges and

15  universities have 90 days to submit in writing to the

16  community college an alternative plan for providing the

17  specified degree program.

18         Section 5.  Subsections (1), (2), and (3) of section

19  1009.23, Florida Statutes, are amended to read:

20         1009.23  Community college student fees.--

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

22  section applies apply only to fees charged for college credit

23  instruction leading to an associate in arts degree, an

24  associate in applied science degree, or an associate in

25  science degree, or a baccalaureate degree authorized by the

26  State Board of Education pursuant to s. 1007.33 and for

27  noncollege credit college-preparatory courses defined in s.

28  1004.02.

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

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

31  waived.

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




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

 2  courses must reflect the fact that the community college has a

 3  less expensive cost structure than that of a state university.

 4  Therefore, the board of trustees shall establish tuition and

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

 6  law and proviso language in the General Appropriations Act;

 7  however, the board of trustees may not vary tuition and

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

 9  fees shall be required for all community college resident

10  students within a college who take a specific course,

11  regardless of the program in which they are enrolled.

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

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

14  following fall for advanced and professional programs,

15  associate in science degree programs, baccalaureate degree

16  programs authorized by the State Board of Education pursuant

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

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

19  cost of these programs. Fees for courses in

20  college-preparatory programs and associate in arts and

21  associate in science degree programs may be established at the

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

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

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

25  Legislature provides for an alternative fee schedule in an

26  appropriations act, the fee schedule shall take effect the

27  subsequent fall semester.

28         Section 6.  Section 1011.83, Florida Statutes, is

29  amended to read:

30         1011.83  Financial support of community colleges.--

31  

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




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

 2  the Department of Education and meets the requirements of law

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

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

 5  workforce education programs conducted by community colleges

 6  shall be provided pursuant to s. 1011.80.

 7         (2)  Funding for baccalaureate degree programs approved

 8  pursuant to s. 1007.33 shall be specified in the General

 9  Appropriations Act. A student in a baccalaureate degree

10  program approved pursuant to s. 1007.33 who is not classified

11  as a resident for tuition purposes pursuant to s. 1009.21

12  shall not be included in calculations of full-time equivalent

13  enrollments for state funding purposes.

14         (3)  Funds specifically appropriated by the Legislature

15  for baccalaureate degree programs approved pursuant to s.

16  1007.33 may be used only for such programs. A community

17  college shall fund the nonrecurring costs related to the

18  initiation of a new baccalaureate degree program under s.

19  1007.33 without new state appropriations unless special grant

20  funds are appropriated in the General Appropriations Act. A

21  new baccalaureate degree program may not accept students

22  without a recurring legislative appropriation for this

23  purpose.

24         (4)  State policy for funding baccalaureate degree

25  programs approved pursuant to s. 1007.33 shall be to limit

26  state support for recurring operating purposes to no more than

27  85 percent of the amount of state expenditures for direct

28  instruction per credit hour in upper-level state university

29  programs. A community college may temporarily exceed this

30  limit due to normal enrollment fluctuations or unforeseeable

31  circumstances or while phasing in new programs. This

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




 1  subsection does not authorize the Department of Education to

 2  withhold legislative appropriations to any community college.

 3         (5)  A community college that grants baccalaureate

 4  degrees shall maintain reporting and funding distinctions

 5  between any baccalaureate degree program approved under s.

 6  1007.33 and any other baccalaureate degree programs involving

 7  traditional concurrent-use partnerships.

 8         Section 7.  Subsection (2) of section 1013.60, Florida

 9  Statutes, is amended to read:

10         1013.60  Legislative capital outlay budget request.--

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

12  to the Legislature an integrated, comprehensive budget request

13  for educational facilities construction and fixed capital

14  outlay needs for school districts, community colleges, and

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

16  applicable provisions of chapter 216. Each community college

17  board of trustees and each university board of trustees shall

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

19  the development of the annual capital outlay budget. Community

20  college boards of trustees may request funding for all

21  authorized programs. Such a request for funding must be

22  submitted as a part of the 3-year priority list for community

23  colleges pursuant to s. 1013.64(4)(a). Enrollment in approved

24  baccalaureate degree programs or baccalaureate degree programs

25  offered under a formal agreement with a state university

26  pursuant to s. 1007.33 may be computed into the survey of need

27  for facilities if the partner is not defraying the cost. No

28  further disbursements shall be made from the Public Education

29  Capital Outlay and Debt Service Trust Fund to a board of

30  trustees that fails to timely submit the required data until

31  such board of trustees submits the data.

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    Florida Senate - 2006                                  SB 1658
    7-1025-06                                        See CS/HB 137




 1         Section 8.  This act shall take effect July 1, 2006.

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