HB 7097CS

CHAMBER ACTION



1The Education Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to postsecondary education; amending s.
71001.44, F.S.; authorizing an articulation agreement for
8delivery of associate in applied science degree programs
9by career centers; providing requirements for use of the
10designation "technical college"; providing a definition;
11amending s. 1002.34, F.S.; providing for a charter
12technical career center to use the designation "technical
13college"; providing a definition; amending s. 1007.22,
14F.S.; revising provisions relating to establishment of
15interinstitutional mechanisms by public postsecondary
16educational institutions; amending s. 1007.23, F.S.;
17revising components of the statewide articulation
18agreement; revising terminology; creating s. 1007.234,
19F.S.; requiring the State Board of Education, in
20consultation with the Board of Governors, to establish
21statewide articulation agreements for articulated career
22paths for specific professions; requiring career paths to
23provide for the articulation of credit for certain
24programs and experiential learning; providing criteria for
25participation by nonpublic colleges and schools in the
26statewide articulation agreements for articulated career
27paths; requiring the Office of Program Policy Analysis and
28Government Accountability to assess articulation
29agreements and identify career center programs that may
30articulate to certain degree programs; requiring the
31office to review career paths for articulation of credit
32awarded by public and private institutions; requiring
33reporting to the Legislature; creating s. 1011.802, F.S.;
34establishing the School District Career Center Facility
35Enhancement Challenge Grant Program; authorizing a school
36district direct-support organization to solicit funds and
37establish a separate career center capital facilities
38matching account for private contributions for
39instructional facility construction projects; providing
40for match by state appropriations; providing for a portion
41of the cost of a facility construction project to be
42provided from a school district's local capital funds;
43providing State Board of Education requirements relating
44to capital outlay budget requests for such projects;
45providing for reversion of funds; amending s. 1011.94,
46F.S., relating to the Trust Fund for University Major
47Gifts; authorizing the Board of Governors Foundation to
48participate in the program; transferring responsibilities
49relating to the trust fund from the State Board of
50Education to the Board of Governors; revising match
51provisions; removing authority for encumbrances; providing
52an effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Subsection (4) is added to section 1001.44,
57Florida Statutes, to read:
58     1001.44  Career centers.--
59     (4)  DISTRICT SCHOOL BOARD CAREER CENTER PROGRAM
60DELIVERY.--
61     (a)  A district school board with an established career
62center as part of the district school system may enter into an
63articulation agreement for the delivery of specified associate
64in applied science degree programs.
65     (b)  A career center that offers a postsecondary adult
66vocational program designed to articulate into an associate in
67applied science degree program and enters into an articulation
68agreement for the delivery of such an associate in applied
69science degree program may use the designation "technical
70college."
71     (c)  For purposes of this subsection, "postsecondary adult
72vocational program" is a job preparatory program, excluding
73continuing workforce education, through which a student receives
74a vocational certificate upon completion of instruction.
75     Section 2.  Subsection (20) is added to section 1002.34,
76Florida Statutes, to read:
77     1002.34  Charter technical career centers.--
78     (20)  DESIGNATION AS A TECHNICAL COLLEGE.--A charter
79technical career center that offers a postsecondary adult
80vocational program designed to articulate into an associate in
81applied science degree program and enters into an articulation
82agreement for the delivery of such an associate in applied
83science degree program may use the designation "technical
84college." For purposes of this subsection, "postsecondary adult
85vocational program" is a job preparatory program, excluding
86continuing workforce education, through which a student receives
87a vocational certificate upon completion of instruction.
88     Section 3.  Subsection (3) of section 1007.22, Florida
89Statutes, is amended to read:
90     1007.22  Articulation; postsecondary institution
91coordination and collaboration.--
92     (3)  Public postsecondary educational institutions serving
93the same students in a geographic and service area are
94encouraged to establish appropriate interinstitutional
95mechanisms to achieve cooperative planning and delivery of
96academic programs and related services, share a high-cost
97instructional facility and equipment, coordinate credit and
98noncredit outreach activities, have access to each other's
99library and media holdings and services, and provide cooperative
100campus activities and consultative relationships for the
101discussion and resolution of interinstitutional issues and
102problems which discourage student access or transfer.
103     Section 4.  Subsections (1) and (3) of section 1007.23,
104Florida Statutes, are amended to read:
105     1007.23  Statewide articulation agreement.--
106     (1)  The State Board of Education shall establish in rule a
107statewide articulation agreement that governs:
108     (a)  Articulation between secondary and postsecondary
109education, including credit earned through high school career
110and technical education majors and career academies;
111     (b)  Admission of associate in arts degree graduates from
112community colleges and state universities;
113     (c)  Admission of applied technology diploma program
114graduates from community colleges or career centers;
115     (d)  Admission of associate in science degree and associate
116in applied science degree graduates from community colleges;
117     (e)  The use of acceleration mechanisms, including
118nationally standardized examinations through which students may
119earn credit;
120     (f)  General education requirements and statewide course
121numbers as provided for in ss. 1007.24 and 1007.25; and
122     (g)  Articulation among programs in nursing; and.
123     (h)  Admission of postsecondary vocational, technical, or
124career certificate or diploma graduates from school district
125career centers or charter technical career centers.
126     (3)  The articulation agreement must guarantee the
127statewide articulation of appropriate workforce education
128development programs and courses between school districts and
129community colleges and specifically provide that every applied
130technology diploma graduate must be granted the same amount of
131credit upon admission to an associate in science degree or
132associate in applied science degree program unless it is a
133limited access program. Preference for admission must be given
134to graduates who are residents of Florida.
135     Section 5.  Section 1007.234, Florida Statutes, is created
136to read:
137     1007.234  Statewide articulation agreements for articulated
138career paths.--
139     (1)  By March 1, 2007, the State Board of Education, in
140consultation with the Board of Governors, shall establish
141statewide articulation agreements for articulated career paths
142for specific workforce education professions, including, but not
143limited to, the program areas of criminal justice, business,
144manufacturing, nursing, allied health, and early childhood
145education. The career paths shall provide for the articulation
146of:
147     (a)  Credit earned in vocational, technical, or career
148certificate or diploma programs to associate in science degrees
149or associate in applied science degrees.
150     (b)  Credit earned in associate in science degree programs
151to credit in baccalaureate degree programs.
152     (c)  Credit awarded by public and private institutions.
153     (d)  Credit for experiential learning associated with
154minimum training requirements for employment.
155     (2)  To participate in a statewide articulation agreement
156for an articulated career path required in this section,
157nonpublic colleges and schools must be fully accredited by a
158regional or national accrediting agency recognized by the United
159States Department of Education, must participate in the Florida
160Education and Training Placement Information Program pursuant to
161s. 1008.39, and must meet one of the following criteria:
162     (a)  Be eligible to participate in the William L. Boyd, IV,
163Florida Resident Access Grant Program; or
164     (b)  Have been issued a license pursuant to s. 1005.31 or
165s. 1005.32 and use an assessment required in s. 1005.04(1)(b)
166that has been recommended by the State Board of Education. In
167these licensed colleges and schools for courses not in the
168statewide course numbering system pursuant to s. 1007.24,
169credits to be accepted by a receiving institution must be
170generated in courses for which the faculty possess credentials
171that are comparable to those required by the accrediting
172association of the receiving institution.
173     (3)  To determine the appropriate courses and programs for
174statewide articulation agreements for articulated career paths,
175the Office of Program Policy Analysis and Government
176Accountability, by December 31, 2006, shall collect, review, and
177conduct an assessment of all existing articulation agreements
178between school district career centers or charter technical
179career centers and community colleges.
180     (4)  The Office of Program Policy Analysis and Government
181Accountability shall use the information compiled pursuant to
182subsection (3) to evaluate the effectiveness of articulation
183agreements for articulated career paths and to identify other
184postsecondary technical or career programs within a school
185district career center or charter technical career center that
186may articulate to an associate in science degree program or an
187associate in applied science degree program on an individual
188course or block basis for statewide articulation agreements for
189articulated career paths. By December 31, 2007, the Office of
190Program Policy Analysis and Government Accountability shall
191submit a report to the President of the Senate and the Speaker
192of the House of Representatives.
193     (5)  The Office of Program Policy Analysis and Government
194Accountability shall review all career paths that provide for
195the articulation of credit awarded by public and private
196institutions as required pursuant to subsection (1). The review
197shall include an assessment of methods used to evaluate the
198following: a student's ability to successfully complete the
199course of study for which the student has applied before
200accepting the student into the program; completion rates; job
201placement rates; and the method used by institutions to report
202data. By December 31, 2007, the Office of Program Policy
203Analysis and Government Accountability shall submit a report to
204the President of the Senate and the Speaker of the House of
205Representatives.
206     Section 6.  Section 1011.802, Florida Statutes, is created
207to read:
208     1011.802  School District Career Center Facility
209Enhancement Challenge Grant Program.--
210     (1)  There is established the School District Career Center
211Facility Enhancement Challenge Grant Program for the purpose of
212assisting career centers in building high priority instructional
213capital facilities consistent with s. 1001.44, including common
214areas connecting such facilities. The direct-support
215organizations that serve the school districts may solicit gifts
216from private sources which are eligible for state matching funds
217for capital facilities. For purposes of this section, private
218sources of funds shall not include any federal, state, or local
219government funds that a school district may receive.
220     (2)  The School District Career Center Facility Enhancement
221Challenge Grant Program shall provide funds to match private
222contributions for the development of high priority instructional
223capital facilities, including common areas connecting such
224facilities, within the career centers.
225     (3)  Within the direct-support organization of each school
226district, a separate career center capital facilities matching
227account must be established for the purpose of providing
228matching funds from the direct-support organization's
229unrestricted donations or other private contributions for the
230development of high priority instructional capital facilities,
231including common areas connecting such facilities. The
232Legislature may appropriate funds for distribution to a school
233district after matching funds are certified by the direct-
234support organization and school district to the Department of
235Education. The Public Education Capital Outlay and Debt Service
236Trust Fund shall not be used as the source of the state match
237for private contributions.
238     (4)  A project may not be initiated unless all private
239funds for planning, construction, and equipping the facility
240have been received and deposited in the direct-support
241organization's matching account and the state's share for the
242minimum amount of funds needed to begin the project has been
243appropriated by the Legislature. The Legislature may appropriate
244the state's matching funds in one or more fiscal years for the
245planning, construction, and equipping of an eligible facility.
246However, these requirements shall not preclude the school
247district or direct-support organization from expending available
248funds from private sources to develop a prospectus, including
249preliminary architectural schematics or models, for use in its
250efforts to raise private funds for a facility. Additionally, any
251private sources of funds expended for this purpose are eligible
252for state matching funds if the project is awarded grant funds
253under this section.
254     (5)  To be eligible to participate in the School District
255Career Center Facility Enhancement Challenge Grant Program, a
256school district, through its direct-support organization, shall
257raise contributions from private sources equal to one-third of
258the total cost of a facility construction project. After raising
259such contributions, the school district shall be eligible for a
260match by a state appropriation equal to the amount raised for a
261facility construction project up to one-third of the cost of the
262project, subject to the General Appropriations Act. Another one-
263third of the total cost must be provided from the school
264district's local capital funds.
265     (6)  If the state's share of the required match is
266insufficient to meet the requirements of subsection (5), the
267school district shall renegotiate the terms of the contribution
268with the donors. If the project is terminated, each private
269donation, plus accrued interest, shall revert to the direct-
270support organization for remittance to the donor at the donor's
271discretion.
272     (7)  By September 1 of each year, the State Board of
273Education shall transmit to the Legislature, in the capital
274outlay budget request, a list of projects that meet all
275eligibility requirements to participate in the School District
276Career Center Facility Enhancement Challenge Grant Program and a
277budget request that includes the recommended schedule necessary
278to complete each project.
279     (8)  In order for a project to be eligible under this
280program, it must be survey-recommended under the provisions of
281s. 1013.31, included in the school district's 5-year capital
282improvement plan, and receive prior approval from the State
283Board of Education.
284     (9)  Any project funds that are unexpended after a project
285is completed shall revert to the school district direct-support
286organization's career center capital facilities matching
287account. One-third of such unexpended funds shall be reserved
288for the school district career center that originally received
289the private contribution for the purpose of providing private
290matching funds for future facility construction projects as
291provided in this section. One-third of such unexpended funds
292shall be returned to the General Revenue Fund. One-third of such
293unexpended funds shall be returned to the school district.
294     (10)  The surveys, architectural plans, facility, and
295equipment shall be the property of the participating school
296district.
297     Section 7.  Subsections (1), (2), (3), and (5) of section
2981011.94, Florida Statutes, are amended, and subsection (7) is
299added to that section, to read:
300     1011.94  Trust Fund for University Major Gifts.--
301     (1)  There is established a Trust Fund for University Major
302Gifts. The purpose of the trust fund is to enable the Board of
303Governors Foundation and each state university and New College
304to provide donors with an incentive in the form of matching
305grants for donations for the establishment of permanent
306endowments and sales tax exemption matching funds received
307pursuant to s. 212.08(5)(j), which must be invested, with the
308proceeds of the investment used to support libraries and
309instruction and research programs, as defined by the Board of
310Governors State Board of Education. All funds appropriated for
311the challenge grants, new donors, major gifts, sales tax
312exemption matching funds pursuant to s. 212.08(5)(j), or eminent
313scholars program may be deposited into the trust fund and
314invested pursuant to s. 17.61 until the State Board of Education
315allocates the funds are allocated to universities to match
316private donations. Notwithstanding s. 216.301 and pursuant to s.
317216.351, any undisbursed balance remaining in the trust fund and
318interest income accruing to the portion of the trust fund which
319is not matched and distributed to universities must remain in
320the trust fund and be used to increase the total funds available
321for challenge grants. Funds deposited in the trust fund for the
322sales tax exemption matching program authorized in s.
323212.08(5)(j), and interest earnings thereon, shall be maintained
324in a separate account within the Trust Fund for University Major
325Gifts, and may be used only to match qualified sales tax
326exemptions that a certified business designates for use by state
327universities and community colleges to support research and
328development projects requested by the certified business. The
329State Board of Education may authorize any university to
330encumber the state matching portion of a challenge grant from
331funds available under s. 1011.45.
332     (2)  The Board of Governors State Board of Education shall
333specify the process for submission, documentation, and approval
334of requests for matching funds, accountability for endowments
335and proceeds of endowments, allocations to universities,
336restrictions on the use of the proceeds from endowments, and
337criteria used in determining the value of donations.
338     (3)(a)  The State Board of Education shall allocate the
339amount appropriated to the trust fund to each university and New
340College based on the amount of the donation and the restrictions
341applied to the donation.
342     (b)  Donations for a specific purpose are eligible to must
343be matched in the following manner:
344     (a)1.  Each university that raises at least $100,000 but no
345more than $599,999 from a private source may must receive a
346matching grant equal to 50 percent of the private contribution.
347     (b)2.  Each university that raises a contribution of at
348least $600,000 but no more than $1 million from a private source
349may must receive a matching grant equal to 70 percent of the
350private contribution.
351     (c)3.  Each university that raises a contribution in excess
352of $1 million but no more than $1.5 million from a private
353source may must receive a matching grant equal to 75 percent of
354the private contribution.
355     (d)4.  Each university that raises a contribution in excess
356of $1.5 million but no more than $2 million from a private
357source may must receive a matching grant equal to 80 percent of
358the private contribution.
359     (e)5.  Each university that raises a contribution in excess
360of $2 million from a private source may must receive a matching
361grant equal to 100 percent of the private contribution.
362     (c)  The State Board of Education shall encumber state
363matching funds for any pledged contributions, pro rata, based on
364the requirements for state matching funds as specified for the
365particular challenge grant and the amount of the private
366donations actually received by the university for the respective
367challenge grant.
368     (5)(a)  The Board of Governors Foundation and each state
369university foundation and New College Foundation shall establish
370a challenge grant account for each challenge grant as a
371depository for private contributions and state matching funds to
372be administered on behalf of the Board of Governors or the state
373Board of Education, the university, or New College. State
374matching funds must be transferred to a university foundation or
375New College Foundation upon notification that the university or
376New College has received and deposited the amount specified in
377this section in a foundation challenge grant account.
378     (b)  The foundation serving a state university and New
379College Foundation each has the responsibility for the
380maintenance and investment of its challenge grant account and
381for the administration of the program on behalf of the
382university or New College, pursuant to procedures specified by
383the Board of Governors State Board of Education. Each foundation
384shall include in its annual report to the Board of Governors
385State Board of Education information concerning collection and
386investment of matching gifts and donations and investment of the
387account.
388     (c)  A donation of at least $600,000 and associated state
389matching funds may be used to designate an Eminent Scholar
390Endowed Chair pursuant to procedures specified by the Board of
391Governors State Board of Education.
392     (7)  The Board of Governors Foundation may participate in
393the same manner as a university foundation with regard to the
394provisions of this section.
395     Section 8.  This act shall take effect July 1, 2006.


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