HB 7257

1	A bill to be entitled
2	An act relating to education; amending s. 20.055, F.S.;
3	requiring the Office of the Inspector General of the
4	Department of Education to perform certain functions for
5	the State University System; amending s. 20.15, F.S.;
6	deleting the Division of Colleges and Universities in the
7	department; requiring the State Board of Education and the
8	Commissioner of Education to consult with certain
9	educational entities; requiring the department to provide
10	certain support services to the Board of Governors of the
11	State University System; creating s. 20.155, F.S.,
12	relating to the Board of Governors; providing for certain
13	rights and privileges, the head of the board, personnel,
14	and certain powers and duties; amending s. 23.21, F.S.,
15	relating to definitions for purposes of paperwork
16	reduction; updating terminology; amending s. 110.131,
17	F.S., relating to other-personal-services temporary
18	employment; updating terminology; amending s. 110.181,
19	F.S., relating to the Florida State Employees' Charitable
20	Campaign; correcting a cross-reference; amending s.
21	112.0455, F.S., relating to the Drug-Free Workplace Act;
22	deleting obsolete provisions; amending s. 112.19, F.S.,
23	relating to death benefits for certain officers; updating
24	terminology; amending s. 112.191, F.S., relating to death
25	benefits for firefighters; updating terminology; amending
26	s. 112.313, F.S., relating to standards of conduct;
27	revising definition of "employee" to include provosts;
28	updating terminology; amending s. 112.3135, F.S., relating
29	to restriction on employment of relatives; updating
30	terminology; amending s. 112.3145, F.S., relating to
31	disclosure of financial interests and clients represented
32	before agencies; updating terminology; amending s. 120.52,
33	F.S., relating to definitions for purposes of the
34	Administrative Procedure Act; revising definition of
35	"agency" to include the Board of Governors and state
36	university boards of trustees under certain circumstances;
37	revising definition of "educational unit"; amending s.
38	120.65, F.S.; including the Board of Governors in the list
39	of entities that must reimburse the Division of
40	Administrative Hearings for certain services and travel
41	expenses; amending s. 121.021, F.S., relating to
42	definitions for purposes of the Florida Retirement System;
43	updating terminology; amending s. 121.051, F.S., relating
44	to participation in the Florida Retirement System;
45	updating terminology and provisions; correcting a cross-
46	reference; amending s. 121.35, F.S., relating to the
47	optional retirement program for the State University
48	System; transferring authority from the State Board of
49	Education to the Board of Governors; updating terminology
50	and provisions; amending s. 159.703, F.S., relating to
51	creation of research and development authorities; updating
52	terminology and an effective date; amending s. 159.704,
53	F.S., relating to research and development authorities;
54	updating terminology; amending s. 159.706, F.S.; including
55	research and development authorities designated by the
56	Board of Regents in a grandfather clause; amending s.
57	211.3103, F.S., relating to distribution of the tax levy
58	on severance of phosphate rock; updating terminology;
59	amending s. 215.16, F.S., relating to appropriations from
60	the General Revenue Fund; deleting unnecessary language;
61	amending s. 215.20, F.S., relating to certain trust funds;
62	conforming provisions; amending s. 215.32, F.S., relating
63	to segregation of trust funds; including trust funds under
64	the management of the Board of Governors; amending s.
65	215.559, F.S., relating to the Hurricane Loss Mitigation
66	Program; deleting obsolete terminology; amending s.
67	215.82, F.S., relating to validation of bonds; correcting
68	a cross-reference; amending s. 216.0152, F.S., relating to
69	inventory of facilities; updating terminology; amending s.
70	216.251, F.S., relating to salary appropriations; deleting
71	reference to the State Board of Education with respect to
72	State University System positions; amending s. 220.15,
73	F.S., relating to apportionment of adjusted federal
74	income; updating terminology; amending s. 250.10, F.S.;
75	providing duties of the Board of Governors in cooperation
76	with the Adjutant General and the State Board of
77	Education; amending s. 252.385, F.S., relating to public
78	shelter space; updating terminology; amending s. 253.381,
79	F.S., relating to the sale of unsurveyed marshlands;
80	deleting reference to the State Board of Education;
81	amending s. 255.02, F.S., relating to boards authorized to
82	replace buildings destroyed by fire; deleting obsolete
83	terminology; amending s. 255.043, F.S., relating to art in
84	state buildings; deleting obsolete terminology; amending
85	s. 255.102, F.S.; requiring the Board of Governors to
86	collaborate in the adoption of rules for contractor
87	compliance with minority business participation; amending
88	s. 280.02, F.S.; revising definition of "public deposit"
89	to include moneys of a state university; amending s.
90	286.001, F.S., relating to statutorily required reports;
91	updating terminology; amending s. 287.012, F.S.; revising
92	definition of "agency" for purposes of procurement to
93	include the Board of Governors; amending s. 287.064, F.S.,
94	relating to consolidated financing of deferred-payment
95	purchases; correcting a cross-reference; amending s.
96	287.155, F.S., relating to purchase of motor vehicles;
97	updating terminology; amending s. 288.15, F.S.; adding the
98	Board of Governors to the list of entities authorized to
99	cooperate with the Division of Bond Finance; amending s.
100	288.17, F.S., relating to revenue certificates; updating
101	terminology; amending s. 288.7091, F.S.; requiring the
102	Florida Black Business Investment Board to develop
103	memoranda of understanding with the Board of Governors;
104	amending s. 288.8175, F.S.; requiring a linkage institute
105	to be governed by an agreement between the Board of
106	Governors and the State Board of Education; amending s.
107	295.07, F.S., relating to preference in appointment and
108	retention for veterans; including certain equivalent
109	positions; amending s. 320.08058, F.S., relating to
110	specialty license plates; updating terminology; amending
111	s. 381.79, F.S., relating to the Brain and Spinal Cord
112	Injury Program Trust Fund; updating terminology; amending
113	s. 403.073, F.S., relating to pollution prevention;
114	updating terminology; amending s. 403.074, F.S., relating
115	to technical assistance by the Department of Environmental
116	Protection; updating terminology; amending s. 409.908,
117	F.S., relating to reimbursement of Medicaid providers;
118	updating terminology; amending s. 413.051, F.S., relating
119	to blind persons eligible to operate vending stands;
120	updating terminology; amending s. 440.491, F.S., relating
121	to reemployment of injured workers; correcting a cross-
122	reference; amending s. 447.203, F.S.; designating the
123	Board of Governors, or the board's designee, as the public
124	employer and legislative body with respect to public
125	employees of state universities; revising definition of
126	"managerial employee" to conform; amending s. 455.2125,
127	F.S., relating to adoption of changes to training
128	requirements; updating terminology; amending s. 456.028,
129	F.S., relating to adoption of changes to training
130	requirements; updating terminology; amending s. 489.103,
131	F.S., relating to exemptions for purposes of construction
132	contracting; updating terminology; amending s. 489.503,
133	F.S., relating to exemptions for purposes of electrical
134	and alarm system contracting; updating terminology;
135	amending s. 553.71, F.S., relating to definitions for
136	purposes of the Florida Building Code; conforming
137	terminology relating to education boards; amending s.
138	633.01, F.S., relating to the State Fire Marshal;
139	correcting cross-references; amending s. 650.03, F.S.,
140	relating to federal-state agreement; updating terminology;
141	amending s. 943.1755, F.S., relating to the Florida
142	Criminal Justice Executive Institute; updating
143	terminology; amending s. 1000.01, F.S.; including in the
144	purpose of the Florida K-20 Education Code the
145	establishment of institutions of higher learning and other
146	public education programs; providing for certain
147	transfers; amending s. 1000.03, F.S., relating to the
148	function, mission, and goals of the Florida K-20 education
149	system; deleting duplicative provisions; limiting
150	oversight authority over state university matters to the
151	Board of Governors; amending s. 1000.05, F.S.; assigning
152	responsibilities for implementation of equal opportunity
153	policies to the Commissioner of Education and State Board
154	of Education and to the Board of Governors; limiting the
155	functions of the Office of Equal Educational Opportunity
156	to those relating to school districts and community
157	colleges; amending s. 1000.21, F.S.; defining "Board of
158	Governors" as used in the education code; amending s.
159	1001.02, F.S.; revising powers and duties of the State
160	Board of Education to include working in conjunction with
161	the Board of Governors on certain matters; providing for
162	exceptions; deleting certain responsibilities relating to
163	state universities; revising reporting requirements
164	relating to financial aid; conforming provisions; amending
165	s. 1001.03, F.S.; providing exceptions regarding State
166	Board of Education enforcement authority; requiring
167	working in conjunction with the Board of Governors on
168	certain matters; deleting State Board of Education review
169	of state university academic programs; amending s.
170	1001.10, F.S.; providing duties of the Commissioner of
171	Education relating to expenditures of the Board of
172	Governors in the K-20 budget; revising reporting
173	requirements; amending s. 1001.11, F.S.; requiring annual
174	reporting by the Commissioner of Education; conforming
175	provisions; amending s. 1001.20, F.S.; transferring
176	responsibilities regarding determination of need for
177	investigations of state universities by the Office of
178	Inspector General; amending s. 1001.25, F.S., relating to
179	educational television; correcting a cross-reference;
180	amending s. 1001.28, F.S.; providing that Department of
181	Education distance learning duties do not alter duties of
182	the Board of Governors; amending s. 1001.64, F.S.,
183	relating to powers and duties of community college boards
184	of trustees; correcting a cross-reference; amending s.
185	1001.70, F.S.; providing authority of the Board of
186	Governors; creating s. 1001.706, F.S., relating to powers
187	and duties of the Board of Governors; providing for
188	rulemaking; providing powers and duties relating to
189	organization and operation of state universities, finance,
190	accountability, personnel, property, compliance with laws
191	and rules, and cooperation with other education boards;
192	amending s. 1001.71, F.S.; providing that the university
193	boards of trustees are part of the executive branch of
194	state government; deleting certain board member
195	requirements; amending s. 1001.73, F.S., relating to
196	university boards acting as trustees; transferring
197	responsibilities of the State Board of Education to the
198	Board of Governors; subjecting agreements to requirements
199	for the issuance of bonds and debt; amending s. 1001.74,
200	F.S.; revising powers and duties of university boards of
201	trustees relating to general provisions for
202	responsibility, organization and operation of state
203	universities, finance, accountability, personnel,
204	property, and compliance with laws and rules; amending s.
205	1002.35, F.S.; requiring the State Board of Education to
206	consult with the Board of Governors regarding assignment
207	of a university partner to the New World School of the
208	Arts; updating terminology; amending s. 1002.41, F.S.,
209	relating to home education programs; conforming
210	provisions; prohibiting the requirement of curriculum
211	documentation under certain conditions; amending s.
212	1004.03, F.S.; transferring responsibilities for approval
213	of new programs at state universities from the State Board
214	of Education to the Board of Governors; amending s.
215	1004.04, F.S., relating to accountability and approval for
216	teacher preparation programs; including the Board of
217	Governors as a report recipient; amending s. 1004.07,
218	F.S., relating to student withdrawal from courses due to
219	military service; providing for rules by the State Board
220	of Education and Board of Governors; amending s. 1004.21,
221	F.S.; removing legislative intent regarding state
222	universities; providing that state universities are part
223	of the executive branch of state government and
224	administered by a board of trustees; amending s. 1004.22,
225	F.S., relating to divisions of sponsored research at state
226	universities; providing for guidelines of the Board of
227	Governors; transferring responsibilities from the State
228	Board of Education to the Board of Governors; amending s.
229	1004.24, F.S; transferring responsibilities relating to
230	securing liability insurance from the State Board of
231	Education to the Board of Governors or the board's
232	designee; amending s. 1004.25, F.S., relating to the
233	payment of costs of civil action by state universities;
234	permitting recovery of certain attorney's fees; amending
235	s. 1004.28, F.S.; transferring responsibilities relating
236	to duties of direct-support organizations from the State
237	Board of Education to the Board of Governors; defining
238	"property"; providing for rules; subjecting certain
239	agreements to requirements for issuance of bonds and debt;
240	amending s. 1004.29, F.S.; transferring responsibilities
241	relating to university health services support
242	organizations from the State Board of Education to the
243	Board of Governors; providing for rules; amending s.
244	1004.39, F.S.; transferring responsibilities relating to
245	the college of law at Florida International University
246	from the State Board of Education to the Board of
247	Governors; deleting obsolete provisions; amending s.
248	1004.40, F.S.; transferring responsibilities relating to
249	the college of law at Florida Agricultural and Mechanical
250	University from the State Board of Education to the Board
251	of Governors; deleting obsolete provisions; amending s.
252	1004.41, F.S., relating to the J. Hillis Miller Health
253	Center at the University of Florida; authorizing the
254	University of Florida Board of Trustees to utilize certain
255	revenues; amending s. 1004.43, F.S.; transferring
256	responsibilities relating to the H. Lee Moffitt Cancer
257	Center and Research Institute from the State Board of
258	Education to the Board of Governors; amending s. 1004.445,
259	F.S.; transferring responsibilities relating to the
260	Johnnie B. Byrd, Sr., Alzheimer's Center and Research
261	Institute from the State Board of Education to the Board
262	of Governors; amending s. 1004.58, F.S.; providing for the
263	Department of Education to staff the Leadership Board for
264	Applied Research and Public Service; revising purpose of
265	the leadership board; including the Board of Governors as
266	a report recipient; amending s. 1005.03, F.S., relating to
267	the designation "college" or "university"; deleting
268	obsolete terminology; amending s. 1005.06, F.S., relating
269	to institutions not under the jurisdiction of the
270	Commission for Independent Education; deleting obsolete
271	terminology; amending s. 1005.21, F.S.; revising
272	provisions relating to the powers and duties of the
273	Commission for Independent Education; requiring the
274	Department of Education to provide the commission certain
275	salary rate and positions; amending s. 1005.22, F.S.;
276	revising powers and duties of the commission relating to
277	rulemaking, budget requests, expenditure of funds, and
278	reporting; conforming provisions; amending s. 1006.53,
279	F.S.; removing references to State Board of Education
280	rules for religious observances; amending s. 1006.60,
281	F.S.; including rules of the Board of Governors relating
282	to codes of conduct; amending s. 1006.61, F.S.; including
283	policies of the Board of Governors relating to disruptive
284	student activities; amending s. 1006.62, F.S.; including
285	rules of the Board of Governors relating to expulsion and
286	discipline of students; amending s. 1006.65, F.S.;
287	requiring the Board of Governors to adopt rules for state
288	universities relating to safety issues; amending s.
289	1006.71, F.S., relating to gender equity in
290	intercollegiate athletics; transferring responsibilities
291	relating to state universities from the Commissioner of
292	Education and State Board of Education to the Chancellor
293	of the State University System and Board of Governors;
294	adding the Legislature to the list of recipients of annual
295	assessments; amending s. 1007.01, F.S.; requiring
296	recommendations to the Legislature relating to
297	articulation; amending s. 1007.22, F.S.; encouraging
298	boards to establish programs to maximize articulation;
299	amending s. 1007.23, F.S.; requiring the State Board of
300	Education and the Board of Governors to enter into a
301	statewide articulation agreement; revising provisions
302	relating to admissions; providing for investigation of
303	complaints, annual reports, and penalties; amending s.
304	1007.24, F.S., relating to the statewide course numbering
305	system; requiring the Commissioner of Education in
306	conjunction with the Chancellor to perform certain duties;
307	requiring the State Board of Education to approve course
308	level with input from the Board of Governors; amending s.
309	1007.25, F.S., relating to general education courses,
310	common prerequisites, and other degree requirements;
311	transferring responsibilities relating to state
312	universities from the State Board of Education to the
313	Board of Governors; amending s. 1007.262, F.S., relating
314	to foreign language competence and equivalence
315	determinations; conforming provisions; providing an
316	exemption; amending s. 1007.264, F.S., relating to
317	admission of impaired and learning disabled persons to
318	postsecondary educational institutions; transferring
319	responsibilities relating to state universities from the
320	State Board of Education to the Board of Governors;
321	amending s. 1007.265, F.S., relating to graduation, study
322	program admission, and upper-division entry for impaired
323	and learning disabled persons; transferring
324	responsibilities relating to state universities from the
325	State Board of Education to the Board of Governors;
326	amending s. 1007.27, F.S., relating to articulated
327	acceleration mechanisms and the statewide articulation
328	agreement; conforming provisions; deleting obsolete
329	provisions; amending s. 1007.28, F.S.; transferring
330	requirement for establishment and maintenance of a
331	computer-assisted student advising system from the State
332	Board of Education to the Department of Education;
333	requiring the State Board of Education and the Board of
334	Governors to specify roles and responsibilities relating
335	to the system; amending s. 1007.33, F.S., relating to
336	site-determined baccalaureate degree access; conforming
337	provisions; amending s. 1008.29, F.S., relating to the
338	college-level communication and mathematics skills
339	examination (CLAST); requiring the State Board of
340	Education in conjunction with the Board of Governors to
341	establish minimum passing scores and identify coursework
342	to satisfy testing requirements; authorizing the Board of
343	Governors to set certain examination fees; amending s.
344	1008.30, F.S., relating to common placement testing;
345	requiring public postsecondary educational institutions to
346	provide certain modifications for students with
347	disabilities; requiring the State Board of Education in
348	conjunction with the Board of Governors to specify certain
349	college-preparatory requirements; amending s. 1008.32,
350	F.S.; limiting State Board of Education oversight
351	enforcement authority to school districts and community
352	colleges and their respective boards; creating s.
353	1008.321, F.S.; providing for oversight enforcement
354	authority of the Board of Governors relating to university
355	boards of trustees and university presidents; amending s.
356	1008.345, F.S.; conforming provisions relating to
357	implementation of the state system of school improvement
358	and education accountability; requiring State Board of
359	Education and Board of Governors approval of CLAST skills
360	and certain assessments; including the Board of Governors
361	as a recipient of certain information; amending s.
362	1008.37, F.S., relating to postsecondary feedback of
363	information to high schools; removing State Board of
364	Education rulemaking; requiring the Commissioner of
365	Education to report to the Board of Governors; amending s.
366	1008.38, F.S., relating to the articulation accountability
367	process; requiring the State Board of Education in
368	conjunction with the Board of Governors to establish an
369	articulation accountability process; amending s. 1008.45,
370	F.S., relating to the community college accountability
371	process; conforming provisions; amending s. 1008.46, F.S.;
372	transferring responsibilities relating to the state
373	university accountability process from the State Board of
374	Education to the Board of Governors; amending s. 1009.01,
375	F.S.; revising definition of "out-of-state fee"; amending
376	s. 1009.21, F.S., relating to determination of resident
377	status for tuition purposes; expanding purpose to include
378	determination of eligibility for state financial aid
379	awards and tuition assistance grants; revising definitions
380	and the qualification process; providing for
381	reclassification and documentation requirements; removing
382	State Board of Education rulemaking; amending s. 1009.24,
383	F.S.; revising provisions relating to state university
384	tuition and fees; requiring undergraduate tuition to be
385	established in the General Appropriations Act; requiring
386	the Board of Governors, or the board's designee, to
387	establish tuition and fees for graduate and professional
388	programs and out-of-state students and to establish limits
389	on enrollments for such programs and students; increasing
390	the percentage of financial aid fee revenues to be used
391	for need-based financial aid; including a new purpose for
392	use of activity and service fees; removing certain fee
393	caps; providing guidelines and requirements for the
394	establishment of fees and fines; providing that a state
395	university may not charge any fee except as specifically
396	authorized by law; amending s. 1009.26, F.S.; transferring
397	responsibilities relating to state university fee waivers
398	from the State Board of Education to the Board of
399	Governors; authorizing university boards of trustees to
400	waive tuition and out-of-state fees under certain
401	conditions; amending s. 1009.265, F.S.; revising
402	requirements relating to state employee fee waiver
403	approval; providing guidelines for determining space
404	available; prohibiting use of a waiver for certain
405	courses; amending s. 1009.27, F.S., relating to deferral
406	of fees; removing State Board of Education rulemaking;
407	amending s. 1009.285, F.S., relating to fees for repeated
408	enrollment in college-credit courses; deleting reference
409	to definitions and fee levels established by the State
410	Board of Education; amending s. 1009.29, F.S., relating to
411	increased fees for funding financial aid programs;
412	correcting a reference; amending s. 1009.40, F.S.,
413	relating to general requirements for student eligibility
414	for state financial aid; conforming provisions relating to
415	tuition assistance grants; amending s. 1009.90, F.S.;
416	including the Board of Governors with respect to
417	Department of Education duties relating to student
418	financial aid; amending s. 1009.91, F.S.; requiring state
419	university student loan information to be reported
420	annually to the Board of Governors; amending s. 1009.971,
421	F.S., relating to the Florida Prepaid College Board;
422	updating terminology; amending s. 1009.98, F.S., relating
423	to the Florida Prepaid College Program; correcting a
424	cross-reference; amending s. 1010.01, F.S., relating to
425	uniform records and accounts; transferring
426	responsibilities relating to state universities from the
427	State Board of Education to the Board of Governors;
428	requiring a uniform classification of accounts; amending
429	s. 1010.011, F.S.; revising a definition for purposes of
430	financial matters; amending s. 1010.02, F.S., relating to
431	financial accounting and expenditure; transferring
432	responsibilities relating to state universities from the
433	State Board of Education to the Board of Governors;
434	amending s. 1010.04, F.S., relating to purchasing;
435	transferring responsibilities relating to state
436	universities from the State Board of Education to the
437	Board of Governors; amending s. 1010.07, F.S., relating to
438	bonds and insurance; transferring responsibilities
439	relating to state universities from the State Board of
440	Education to the Board of Governors; amending s. 1010.09,
441	F.S., relating to direct-support organizations;
442	transferring responsibilities relating to state
443	universities from the State Board of Education to the
444	Board of Governors; amending s. 1010.30, F.S., relating to
445	audits; transferring supervision of state universities
446	from the State Board of Education to the Board of
447	Governors; creating s. 1010.62, F.S., relating to revenue
448	bonds and debt for state universities; providing
449	definitions; authorizing the Board of Governors to request
450	the issuance of revenue bonds; providing a process;
451	requiring the Board of Governors' approval for a state
452	university or direct-support organization to issue debt;
453	providing guidelines; providing for rules and policies of
454	the Board of Governors; providing a grandfather provision
455	relating to certain obligations; amending s. 1010.86,
456	F.S.; transferring administration of trust funds from the
457	State Board of Education to the Board of Governors;
458	amending s. 1011.01, F.S.; transferring budget
459	responsibilities relating to state universities from the
460	State Board of Education to the Board of Governors;
461	requiring coordination; amending s. 1011.011, F.S.;
462	requiring the State Board of Education in conjunction with
463	the Board of Governors to submit legislative capital
464	outlay budget requests for state universities; amending s.
465	1011.40, F.S.; transferring state university budget
466	responsibilities from the State Board of Education to the
467	Board of Governors; amending s. 1011.41, F.S.; requiring
468	compliance with certain tuition and fee policies for
469	receipt of state university appropriations; amending s.
470	1011.4106, F.S.; providing requirements for the
471	expenditure of tuition and fee revenues from local
472	accounts; providing for repeal of appropriations under
473	certain conditions; amending s. 1011.48, F.S.;
474	transferring responsibilities for educational research
475	centers for child development from the State Board of
476	Education to the Board of Governors; amending s. 1011.82,
477	F.S., relating to requirements for participation in the
478	Community College Program Fund; correcting a cross-
479	reference; amending s. 1011.90, F.S.; transferring state
480	university funding responsibilities from the State Board
481	of Education to the Board of Governors; amending s.
482	1011.91, F.S.; transferring certain responsibilities
483	relating to additional appropriations; providing for
484	repeal of appropriations under certain conditions;
485	amending s. 1011.94, F.S.; transferring responsibilities
486	relating to the Trust Fund for University Major Gifts from
487	the State Board of Education to the Board of Governors;
488	revising match provisions; removing authority for
489	encumbrances; amending s. 1012.01, F.S.; limiting
490	definitions for purposes of personnel; amending s.
491	1012.80, F.S.; transferring responsibilities relating to
492	employee disruptive activities at state universities from
493	the State Board of Education to the Board of Governors;
494	amending s. 1012.801, F.S., relating to State University
495	System employees; updating terminology; amending s.
496	1012.93, F.S.; authorizing evaluation of faculty
497	proficiency in English through a test approved by the
498	Board of Governors; amending s. 1012.97, F.S.; authorizing
499	state universities to provide for police officers;
500	amending s. 1012.975, F.S.; expanding the list of
501	postsecondary education employees covered by limitation on
502	compensation; amending s. 1012.98, F.S.; deleting obsolete
503	provisions relating to professional development programs;
504	amending s. 1013.01, F.S.; excluding the Board of
505	Governors from the definition of "board" for purposes of
506	educational facilities; amending s. 1013.02, F.S.;
507	transferring rulemaking authority relating to state
508	university educational facilities from the State Board of
509	Education to the Board of Governors; amending s. 1013.03,
510	F.S.; providing functions of the Board of Governors
511	relating to state university educational facilities;
512	requiring review of utilization standards for educational
513	facilities and reporting; deleting obsolete provisions;
514	amending s. 1013.12, F.S.; requiring state university
515	firesafety inspections to comply with rules of the Board
516	of Governors; revising recipients of an annual report;
517	amending s. 1013.15, F.S.; subjecting lease or lease-
518	purchase agreements to requirements for issuance of bonds
519	and debt; amending s. 1013.16, F.S.; subjecting leases
520	executed by a university board of trustees to requirements
521	for issuance of bonds and debt; amending s. 1013.17, F.S.;
522	transferring responsibilities relating to university
523	leasing in affiliated research and development parks from
524	the State Board of Education to the Board of Governors;
525	subjecting leases to requirements for issuance of bonds
526	and debt; amending s. 1013.171, F.S.; authorizing each
527	university board of trustees to enter into certain lease
528	agreements; transferring systemwide strategic plan
529	adoption responsibilities from the State Board of
530	Education to the Board of Governors; subjecting agreements
531	to requirements for issuance of bonds and debt; amending
532	s. 1013.19, F.S.; subjecting certain contracts executed by
533	a university board of trustees to requirements for the
534	issuance of bonds and debt; amending s. 1013.25, F.S.;
535	requiring approval of the Administration Commission to
536	exercise the power of eminent domain; amending s. 1013.28,
537	F.S.; requiring state university disposal of property
538	according to rules of the Board of Governors; amending s.
539	1013.31, F.S.; providing Department of Education duties
540	relating to educational plant surveys and PECO funding;
541	removing State Board of Education rulemaking; updating
542	terminology and making technical changes; requiring
543	approval of state university educational plant surveys by
544	the Board of Governors; amending s. 1013.46, F.S.;
545	deleting State Board of Education rulemaking for
546	prequalification of bidders; amending s. 1013.47, F.S.;
547	including rules of the Board of Governors with respect to
548	contracts for construction of educational facilities;
549	amending s. 1013.52, F.S.; requiring the Board of
550	Governors' review and approval for state university joint-
551	use facilities proposals; amending s. 1013.60, F.S.;
552	requiring that state university capital outlay budget
553	request information be approved by the Board of Governors
554	prior to submission to the Commissioner of Education;
555	amending s. 1013.63, F.S.; transferring a trust fund from
556	the Department of Education to the Board of Governors;
557	amending s. 1013.64, F.S.; transferring responsibilities
558	for state university funds for comprehensive educational
559	plant needs from the State Board of Education to the Board
560	of Governors; amending s. 1013.65, F.S.; requiring copies
561	of capital outlay allocations to be provided to the Board
562	of Governors; amending s. 1013.74, F.S.; transferring
563	responsibilities relating to state university fixed
564	capital outlay projects from the State Board of Education
565	to the Board of Governors; subjecting projects to
566	requirements for issuance of bonds and debt; amending s.
567	1013.78, F.S.; providing an exception relating to
568	legislative approval for university-related facility
569	acquisitions; amending s. 1013.79, F.S.; transferring
570	responsibilities relating to a challenge grant program and
571	its trust fund from the State Board of Education to the
572	Board of Governors; revising approval for naming of a
573	university facility; repealing s. 186.805, F.S., relating
574	to the Data Bank on Older Floridians; repealing s. 388.42,
575	F.S., relating to the John A. Mulrennan, Sr., Arthropod
576	Research Laboratory; repealing s. 388.43, F.S., relating
577	to the Florida Medical Entomology Laboratory; repealing s.
578	410.504, F.S., relating to the multidisciplinary center on
579	elderly living environments; repealing s. 1004.32, F.S.,
580	relating to New College of Florida; repealing s. 1004.35,
581	F.S., relating to Broward County campuses of Florida
582	Atlantic University; repealing s. 1004.36, F.S., relating
583	to Florida Atlantic University campuses; repealing s.
584	1004.38, F.S., relating to the master of science program
585	in speech-language pathology at Florida International
586	University; repealing s. 1004.381, F.S., relating to the
587	nursing degree program at the University of West Florida;
588	repealing s. 1004.382, F.S., relating to the master's in
589	social work program at Florida Atlantic University;
590	repealing s. 1004.383, F.S., relating to the chiropractic
591	medicine degree program at Florida State University;
592	repealing s. 1004.50, F.S., relating to the Institute on
593	Urban Policy and Commerce; repealing s. 1004.51, F.S.,
594	relating to the Community and Faith-based Organizations
595	Initiative and the Community and Library Technology Access
596	Partnership; repealing s. 1004.53, F.S., relating to the
597	interdisciplinary Center for Brownfield Rehabilitation
598	Assistance; repealing s. 1004.54, F.S., relating to the
599	Learning Development and Evaluation Center; repealing s.
600	1004.59, F.S., relating to the Florida Conflict Resolution
601	Consortium; providing legislative intent; repealing s.
602	288.705, F.S., relating to the statewide contracts
603	register; repealing s. 458.3147, F.S., relating to medical
604	school eligibility of military academy students or
605	graduates; repealing s. 689.12, F.S., relating to state
606	lands conveyed for educational purposes; repealing s.
607	741.03055, F.S., relating to review of premarital
608	preparation courses, pilot programs, and questionnaire and
609	curriculum; repealing s. 741.03056, F.S., relating to an
610	informational questionnaire; repealing s. 1001.72, F.S.,
611	relating to university boards of trustees to constitute a
612	corporation; repealing s. 1001.75, F.S., relating to
613	powers and duties of state university presidents;
614	repealing s. 1007.261, F.S., relating to state university
615	admission of students; repealing s. 1007.31, F.S.,
616	relating to limited access programs; repealing s. 1007.32,
617	F.S., relating to transfer students; repealing s. 1008.51,
618	F.S., relating to the Council for Education Policy
619	Research and Improvement; repealing s. 1010.60, F.S.,
620	relating to State Board of Education issuance of bonds;
621	repealing s. 1010.61, F.S., relating to State Board of
622	Education powers for issuance of bonds; repealing s.
623	1010.611, F.S., relating to resolution for issuance of
624	revenue certificates; repealing s. 1010.612, F.S.,
625	relating to powers to secure revenue certificates;
626	repealing s. 1010.613, F.S., relating to remedies of any
627	holder of revenue certificates; repealing s. 1010.614,
628	F.S., relating to validity of revenue certificates;
629	repealing s. 1010.615, F.S., relating to prohibitions
630	against obligating the state; repealing s. 1010.616, F.S.,
631	relating to revenue certificate obligations of the State
632	Board of Education; repealing s. 1010.617, F.S., relating
633	to tax exemption and eligibility as legal investments;
634	repealing s. 1010.618, F.S., relating to the supplemental
635	nature of provisions relating to bonding; repealing s.
636	1010.619, F.S., relating to the Board of Administration
637	acting as fiscal agent; repealing s. 1011.4105, F.S.,
638	relating to transition from the state accounting system
639	(FLAIR) to the university accounting system; repealing s.
640	1012.92, F.S., relating to personnel codes of conduct,
641	disciplinary measures, and rulemaking authority; repealing
642	s. 1012.94, F.S., relating to evaluations of faculty
643	members; repealing s. 1012.95, F.S., relating to
644	university employment equity accountability programs;
645	providing an effective date.
646
647	Be It Enacted by the Legislature of the State of Florida:
648
649	Section 1.  Subsection (9) is added to section 20.055,
650	Florida Statutes, to read:
651	20.055  Agency inspectors general.--
652	(9)  The Office of the Inspector General of the Department
653	of Education shall exercise the duties and responsibilities
654	required by this section for the State University System under
655	the direction of the Chancellor of the State University System.
656	Section 2.  Paragraphs (d) and (e) of subsection (3) of
657	section 20.15, Florida Statutes, are redesignated as paragraphs
658	(c) and (d), respectively, present paragraph (c) of that
659	subsection and subsections (5) and (7) are amended, and
660	subsection (8) is added to that section, to read:
661	20.15  Department of Education.--There is created a
662	Department of Education.
663	(3)  DIVISIONS.--The following divisions of the Department
664	of Education are established:
665	(c)  Division of Colleges and Universities.
666	(5)  POWERS AND DUTIES.--The State Board of Education and
667	the Commissioner of Education, in consultation with the Board of
668	Governors of the State University System, the Commission for
669	Independent Education, and other education entities, shall
670	assign to the divisions such powers, duties, responsibilities,
671	and functions as are necessary to ensure the greatest possible
672	coordination, efficiency, and effectiveness of education for
673	students in K-20 education.
674	(7)  BOARDS.--Notwithstanding anything contained in law to
675	the contrary, all members of the university and community
676	college boards of trustees must be appointed according to
677	chapter 1001.
678	(8)  SUPPORT SERVICES.--The Department of Education shall
679	continue to provide support to the Board of Governors of the
680	State University System. At a minimum, support services provided
681	to the Board of Governors shall include accounting, printing,
682	computer and Internet support, personnel and human resources
683	support, support for accountability initiatives, support for
684	agency inspector general activities, and administrative support
685	as needed for trust funds under the jurisdiction of the Board of
686	Governors.
687	Section 3.  Section 20.155, Florida Statutes, is created to
688	read:
689	20.155  Board of Governors of the State University
690	System.--
691	(1)  GENERAL PROVISIONS.--The Board of Governors of the
692	State University System is established by the State Constitution
693	under s. 7, Art. IX and, accordingly, is granted rights and
694	privileges equal to those of departments established under this
695	chapter while preserving the Board of Governors' constitutional
696	designation and title.
697	(2)  HEAD OF THE BOARD.--The head of the Board of Governors
698	is the board with members appointed by the Governor as provided
699	for in s. 7, Art. IX of the State Constitution.
700	(3)  PERSONNEL.--The Board of Governors is authorized to
701	appoint a Chancellor to aid the board in the implementation of
702	its responsibilities.
703	(4)  POWERS AND DUTIES.--
704	(a)  The Board of Governors has the duty to operate,
705	regulate, control, and be responsible for the management of the
706	whole publicly funded State University System in accordance with
707	s. 7, Art. IX of the State Constitution and s. 1001.705.
708	(b)  The Board of Governors, in exercising its authority
709	under the State Constitution and statutes, shall exercise its
710	authority in a manner that supports, promotes, and enhances all
711	of the following:
712	1.  Affordable access to postsecondary educational
713	opportunities for Florida residents.
714	2.  Articulation between state universities and other
715	postsecondary educational institutions.
716	3.  Fiscal responsibility.
717	4.  Accountability.
718	Section 4.  Subsection (1) of section 23.21, Florida
719	Statutes, is amended to read:
720	23.21  Definitions.--For purposes of this part:
721	(1)  "Department" means a principal administrative unit
722	within the executive branch of state government, as defined in
723	chapter 20, and includes the State Board of Administration, the
724	Executive Office of the Governor, the Fish and Wildlife
725	Conservation Commission, the Parole Commission, the Agency for
726	Health Care Administration, the Board of Regents, the State
727	Board of Education Community Colleges, the Board of Governors of
728	the State University System, the Justice Administrative
729	Commission, the Capital Collateral Representative, and separate
730	budget entities placed for administrative purposes within a
731	department.
732	Section 5.  Paragraph (a) of subsection (6) of section
733	110.131, Florida Statutes, is amended to read:
734	110.131  Other-personal-services temporary employment.--
735	(6)(a)  The provisions of subsections (2), (3), and (4) do
736	not apply to any employee for whom the Board of Governors of the
737	State University System, or the board's designee, Regents or the
738	Board of Trustees of the Florida School for the Deaf and the
739	Blind is the employer as defined in s. 447.203(2); except that,
740	for purposes of subsection (5), the Board of Trustees of the
741	Florida School for the Deaf and the Blind shall comply with the
742	recordkeeping and reporting requirements adopted by the
743	department pursuant to subsection (3) with respect to those
744	other-personal-services employees exempted by this subsection.
745	Section 6.  Subsection (5) of section 110.181, Florida
746	Statutes, is amended to read:
747	110.181  Florida State Employees' Charitable Campaign.--
748	(5)  PARTICIPATION OF STATE UNIVERSITIES.--Each university
749	may elect to participate in the Florida State Employees'
750	Charitable Campaign, upon timely notice to the department. Each
751	university may also conduct annual charitable fundraising drives
752	for employees under the authority granted in ss. 1001.706 and s.
753	1001.74(19).
754	Section 7.  Paragraphs (e), (f), and (g) of subsection (13)
755	of section 112.0455, Florida Statutes, are redesignated as
756	paragraphs (d), (e), and (f), respectively, and paragraph (d) of
757	that subsection is amended to read:
758	112.0455  Drug-Free Workplace Act.--
759	(13)  RULES.--
760	(d)  The Board of Regents may adopt rules for the State
761	University System implementing this section.
762
763	This section shall not be construed to eliminate the bargainable
764	rights as provided in the collective bargaining process where
765	applicable.
766	Section 8.  Subsection (5) of section 112.19, Florida
767	Statutes, is amended to read:
768	112.19  Law enforcement, correctional, and correctional
769	probation officers; death benefits.--
770	(5)  The State Board Department of Education shall adopt
771	rules and procedures as are necessary to implement the
772	educational benefits provisions of this section.
773	Section 9.  Subsection (5) of section 112.191, Florida
774	Statutes, is amended to read:
775	112.191  Firefighters; death benefits.--
776	(5)  The State Board Department of Education shall adopt
777	rules and procedures as are necessary to implement the
778	educational benefits provisions of this section.
779	Section 10.  Paragraph (a) of subsection (9) of section
780	112.313, Florida Statutes, is amended to read:
781	112.313  Standards of conduct for public officers,
782	employees of agencies, and local government attorneys.--
783	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
784	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
785	(a)1.  It is the intent of the Legislature to implement by
786	statute the provisions of s. 8(e), Art. II of the State
787	Constitution relating to legislators, statewide elected
788	officers, appointed state officers, and designated public
789	employees.
790	2.  As used in this paragraph:
791	a.  "Employee" means:
792	(I)  Any person employed in the executive or legislative
793	branch of government holding a position in the Senior Management
794	Service as defined in s. 110.402 or any person holding a
795	position in the Selected Exempt Service as defined in s. 110.602
796	or any person having authority over policy or procurement
797	employed by the Department of the Lottery.
798	(II)  The Auditor General, the director of the Office of
799	Program Policy Analysis and Government Accountability, the
800	Sergeant at Arms and Secretary of the Senate, and the Sergeant
801	at Arms and Clerk of the House of Representatives.
802	(III)  The executive director of the Legislative Committee
803	on Intergovernmental Relations and the executive director and
804	deputy executive director of the Commission on Ethics.
805	(IV)  An executive director, staff director, or deputy
806	staff director of each joint committee, standing committee, or
807	select committee of the Legislature; an executive director,
808	staff director, executive assistant, analyst, or attorney of the
809	Office of the President of the Senate, the Office of the Speaker
810	of the House of Representatives, the Senate Majority Party
811	Office, Senate Minority Party Office, House Majority Party
812	Office, or House Minority Party Office; or any person, hired on
813	a contractual basis, having the power normally conferred upon
814	such persons, by whatever title.
815	(V)  The Chancellor and Vice Chancellors of the State
816	University System; the general counsel to the Board of Governors
817	of the State University System Regents; and the president,
818	provost, vice presidents, and deans of each state university.
819	(VI)  Any person having the power normally conferred upon
820	the positions referenced in this sub-subparagraph.
821	b.  "Appointed state officer" means any member of an
822	appointive board, commission, committee, council, or authority
823	of the executive or legislative branch of state government whose
824	powers, jurisdiction, and authority are not solely advisory and
825	include the final determination or adjudication of any personal
826	or property rights, duties, or obligations, other than those
827	relative to its internal operations.
828	c.  "State agency" means an entity of the legislative,
829	executive, or judicial branch of state government over which the
830	Legislature exercises plenary budgetary and statutory control.
831	3.  No member of the Legislature, appointed state officer,
832	or statewide elected officer shall personally represent another
833	person or entity for compensation before the government body or
834	agency of which the individual was an officer or member for a
835	period of 2 years following vacation of office. No member of the
836	Legislature shall personally represent another person or entity
837	for compensation during his or her term of office before any
838	state agency other than judicial tribunals or in settlement
839	negotiations after the filing of a lawsuit.
840	4.  No agency employee shall personally represent another
841	person or entity for compensation before the agency with which
842	he or she was employed for a period of 2 years following
843	vacation of position, unless employed by another agency of state
844	government.
845	5.  Any person violating this paragraph shall be subject to
846	the penalties provided in s. 112.317 and a civil penalty of an
847	amount equal to the compensation which the person receives for
848	the prohibited conduct.
849	6.  This paragraph is not applicable to:
850	a.  A person employed by the Legislature or other agency
851	prior to July 1, 1989;
852	b.  A person who was employed by the Legislature or other
853	agency on July 1, 1989, whether or not the person was a defined
854	employee on July 1, 1989;
855	c.  A person who was a defined employee of the State
856	University System or the Public Service Commission who held such
857	employment on December 31, 1994;
858	d.  A person who has reached normal retirement age as
859	defined in s. 121.021(29), and who has retired under the
860	provisions of chapter 121 by July 1, 1991; or
861	e.  Any appointed state officer whose term of office began
862	before January 1, 1995, unless reappointed to that office on or
863	after January 1, 1995.
864	Section 11.  Paragraph (a) of subsection (1) of section
865	112.3135, Florida Statutes, is amended to read:
866	112.3135  Restriction on employment of relatives.--
867	(1)  In this section, unless the context otherwise
868	requires:
869	(a)  "Agency" means:
870	1.  A state agency, except an institution under the
871	jurisdiction of the Board of Governors of the State University
872	System Division of Universities of the Department of Education;
873	2.  An office, agency, or other establishment in the
874	legislative branch;
875	3.  An office, agency, or other establishment in the
876	judicial branch;
877	4.  A county;
878	5.  A city; and
879	6.  Any other political subdivision of the state, except a
880	district school board or community college district.
881	Section 12.  Paragraph (c) of subsection (1) of section
882	112.3145, Florida Statutes, is amended to read:
883	112.3145  Disclosure of financial interests and clients
884	represented before agencies.--
885	(1)  For purposes of this section, unless the context
886	otherwise requires, the term:
887	(c)  "State officer" means:
888	1.  Any elected public officer, excluding those elected to
889	the United States Senate and House of Representatives, not
890	covered elsewhere in this part and any person who is appointed
891	to fill a vacancy for an unexpired term in such an elective
892	office.
893	2.  An appointed member of each board, commission,
894	authority, or council having statewide jurisdiction, excluding a
895	member of an advisory body.
896	3.  A member of the Board of Governors of the State
897	University System or a state university board of trustees
898	Regents, the Chancellor and Vice Chancellors of the State
899	University System, and the president of a state university.
900	4.  A member of the judicial nominating commission for any
901	district court of appeal or any judicial circuit.
902	Section 13.  Paragraph (b) of subsection (1) and subsection
903	(6) of section 120.52, Florida Statutes, are amended to read:
904	120.52  Definitions.--As used in this act:
905	(1)  "Agency" means:
906	(b)  Each:
907	1.  State officer and state department, and each
908	departmental unit described in s. 20.04.
909	2.  Authority, including a regional water supply authority.
910	3.  Board, including the Board of Governors of the State
911	University System and a state university board of trustees when
912	acting pursuant to statutory authority derived from the
913	Legislature.
914	4.  Commission, including the Commission on Ethics and the
915	Fish and Wildlife Conservation Commission when acting pursuant
916	to statutory authority derived from the Legislature.
917	5.  Regional planning agency.
918	6.  Multicounty special district with a majority of its
919	governing board comprised of nonelected persons.
920	7.  Educational units.
921	8.  Entity described in chapters 163, 373, 380, and 582 and
922	s. 186.504.
923
924	This definition does not include any legal entity or agency
925	created in whole or in part pursuant to chapter 361, part II,
926	any metropolitan planning organization created pursuant to s.
927	339.175, any separate legal or administrative entity created
928	pursuant to s. 339.175 of which a metropolitan planning
929	organization is a member, an expressway authority pursuant to
930	chapter 348, any legal or administrative entity created by an
931	interlocal agreement pursuant to s. 163.01(7), unless any party
932	to such agreement is otherwise an agency as defined in this
933	subsection, or any multicounty special district with a majority
934	of its governing board comprised of elected persons; however,
935	this definition shall include a regional water supply authority.
936	(6)  "Educational unit" means a local school district, a
937	community college district, the Florida School for the Deaf and
938	the Blind, or a state university when the university is acting
939	pursuant to statutory authority derived from the Legislature.
940	Section 14.  Subsection (11) of section 120.65, Florida
941	Statutes, is amended to read:
942	120.65  Administrative law judges.--
943	(11)  The division shall be reimbursed for administrative
944	law judge services and travel expenses by the following
945	entities: water management districts, regional planning
946	councils, school districts, community colleges, the Division of
947	Community Colleges, state universities, the Board of Governors
948	of the State University System, the State Board of Education,
949	the Florida School for the Deaf and the Blind, and the
950	Commission for Independent Education. These entities shall
951	contract with the division to establish a contract rate for
952	services and provisions for reimbursement of administrative law
953	judge travel expenses and video teleconferencing expenses
954	attributable to hearings conducted on behalf of these entities.
955	The contract rate must be based on a total-cost-recovery
956	methodology.
957	Section 15.  Paragraph (b) of subsection (22) of section
958	121.021, Florida Statutes, is amended to read:
959	121.021  Definitions.--The following words and phrases as
960	used in this chapter have the respective meanings set forth
961	unless a different meaning is plainly required by the context:
962	(22)  "Compensation" means the monthly salary paid a member
963	by his or her employer for work performed arising from that
964	employment.
965	(b)  Under no circumstances shall compensation include:
966	1.  Fees paid professional persons for special or
967	particular services or include salary payments made from a
968	faculty practice plan authorized by the Board of Governors of
969	the State University System operated by rule of the Board of
970	Regents for eligible clinical faculty at a state university with
971	a faculty practice plan the University of Florida and the
972	University of South Florida; or
973	2.  Any bonuses or other payments prohibited from inclusion
974	in the member's average final compensation and defined in
975	subsection (47).
976	Section 16.  Paragraph (a) of subsection (1) and paragraph
977	(c) of subsection (2) of section 121.051, Florida Statutes, are
978	amended to read:
979	121.051  Participation in the system.--
980	(1)  COMPULSORY PARTICIPATION.--
981	(a)  The provisions of this law shall be compulsory as to
982	all officers and employees, except elected officers who meet the
983	requirements of s. 121.052(3), who are employed on or after
984	December 1, 1970, of an employer other than those referred to in
985	paragraph (2)(b), and each officer or employee, as a condition
986	of employment, shall become a member of the system as of his or
987	her date of employment, except that a person who is retired from
988	any state retirement system and is reemployed on or after
989	December 1, 1970, shall not be permitted to renew his or her
990	membership in any state retirement system except as provided in
991	s. 121.091(4)(h) for a person who recovers from disability, and
992	as provided in s. 121.091(9)(b)8. for a person who is elected to
993	public office, and, effective July 1, 1991, as provided in s.
994	121.122 for all other retirees. Officers and employees of the
995	University Athletic Association, Inc., a nonprofit association
996	connected with the University of Florida, employed on and after
997	July 1, 1979, shall not participate in any state-supported
998	retirement system. Any person appointed on or after July 1,
999	1989, to a faculty position in a college at the J. Hillis Miller
1000	Health Center at the University of Florida or the Medical Center
1001	at the University of South Florida which has a faculty practice
1002	plan provided by rule adopted by the Board of Regents shall not
1003	participate in the Florida Retirement System. A faculty member
1004	so appointed shall participate in the optional retirement
1005	program on the basis of his or her state-funded compensation,
1006	notwithstanding the provisions of s. 121.35(2)(a). Any person
1007	appointed on or after July 1, 2006, to a faculty position in a
1008	college of a state university that has a faculty practice plan
1009	authorized by the Board of Governors of the State University
1010	System shall not participate in the Florida Retirement System. A
1011	faculty member so appointed shall participate in the optional
1012	retirement program on the basis of his or her state-funded
1013	compensation, notwithstanding the provisions of s. 121.35(2)(a).
1014	(2)  OPTIONAL PARTICIPATION.--
1015	(c)  Employees of public community colleges or charter
1016	technical career centers sponsored by public community colleges,
1017	as designated in s. 1000.21(4)(3), who are members of the
1018	Regular Class of the Florida Retirement System and who comply
1019	with the criteria set forth in this paragraph and in s. 1012.875
1020	may elect, in lieu of participating in the Florida Retirement
1021	System, to withdraw from the Florida Retirement System
1022	altogether and participate in an optional retirement program
1023	provided by the employing agency under s. 1012.875, to be known
1024	as the State Community College System Optional Retirement
1025	Program. Pursuant thereto:
1026	1.  Through June 30, 2001, the cost to the employer for
1027	such annuity shall equal the normal cost portion of the employer
1028	retirement contribution which would be required if the employee
1029	were a member of the Regular Class defined benefit program, plus
1030	the portion of the contribution rate required by s. 112.363(8)
1031	that would otherwise be assigned to the Retiree Health Insurance
1032	Subsidy Trust Fund. Effective July 1, 2001, each employer shall
1033	contribute on behalf of each participant in the optional program
1034	an amount equal to 10.43 percent of the participant's gross
1035	monthly compensation. The employer shall deduct an amount to
1036	provide for the administration of the optional retirement
1037	program. The employer providing the optional program shall
1038	contribute an additional amount to the Florida Retirement System
1039	Trust Fund equal to the unfunded actuarial accrued liability
1040	portion of the Regular Class contribution rate.
1041	2.  The decision to participate in such an optional
1042	retirement program shall be irrevocable for as long as the
1043	employee holds a position eligible for participation, except as
1044	provided in subparagraph 3. Any service creditable under the
1045	Florida Retirement System shall be retained after the member
1046	withdraws from the Florida Retirement System; however,
1047	additional service credit in the Florida Retirement System shall
1048	not be earned while a member of the optional retirement program.
1049	3.  An employee who has elected to participate in the
1050	optional retirement program shall have one opportunity, at the
1051	employee's discretion, to choose to transfer from the optional
1052	retirement program to the defined benefit program of the Florida
1053	Retirement System or to the Public Employee Optional Retirement
1054	Program, subject to the terms of the applicable optional
1055	retirement program contracts.
1056	a.  If the employee chooses to move to the Public Employee
1057	Optional Retirement Program, any contributions, interest, and
1058	earnings creditable to the employee under the State Community
1059	College System Optional Retirement Program shall be retained by
1060	the employee in the State Community College System Optional
1061	Retirement Program, and the applicable provisions of s.
1062	121.4501(4) shall govern the election.
1063	b.  If the employee chooses to move to the defined benefit
1064	program of the Florida Retirement System, the employee shall
1065	receive service credit equal to his or her years of service
1066	under the State Community College Optional Retirement Program.
1067	(I)  The cost for such credit shall be an amount
1068	representing the present value of that employee's accumulated
1069	benefit obligation for the affected period of service. The cost
1070	shall be calculated as if the benefit commencement occurs on the
1071	first date the employee would become eligible for unreduced
1072	benefits, using the discount rate and other relevant actuarial
1073	assumptions that were used to value the Florida Retirement
1074	System defined benefit plan liabilities in the most recent
1075	actuarial valuation. The calculation shall include any service
1076	already maintained under the defined benefit plan in addition to
1077	the years under the State Community College Optional Retirement
1078	Program. The present value of any service already maintained
1079	under the defined benefit plan shall be applied as a credit to
1080	total cost resulting from the calculation. The division shall
1081	ensure that the transfer sum is prepared using a formula and
1082	methodology certified by an enrolled actuary.
1083	(II)  The employee must transfer from his or her State
1084	Community College System Optional Retirement Program account and
1085	from other employee moneys as necessary, a sum representing the
1086	present value of that employee's accumulated benefit obligation
1087	immediately following the time of such movement, determined
1088	assuming that attained service equals the sum of service in the
1089	defined benefit program and service in the State Community
1090	College System Optional Retirement Program.
1091	4.  Participation in the optional retirement program shall
1092	be limited to those employees who satisfy the following
1093	eligibility criteria:
1094	a.  The employee must be otherwise eligible for membership
1095	in the Regular Class of the Florida Retirement System, as
1096	provided in s. 121.021(11) and (12).
1097	b.  The employee must be employed in a full-time position
1098	classified in the Accounting Manual for Florida's Public
1099	Community Colleges as:
1100	(I)  Instructional; or
1101	(II)  Executive Management, Instructional Management, or
1102	Institutional Management, if a community college determines that
1103	recruiting to fill a vacancy in the position is to be conducted
1104	in the national or regional market, and:
1105	(A)  The duties and responsibilities of the position
1106	include either the formulation, interpretation, or
1107	implementation of policies; or
1108	(B)  The duties and responsibilities of the position
1109	include the performance of functions that are unique or
1110	specialized within higher education and that frequently involve
1111	the support of the mission of the community college.
1112	c.  The employee must be employed in a position not
1113	included in the Senior Management Service Class of the Florida
1114	Retirement System, as described in s. 121.055.
1115	5.  Participants in the program are subject to the same
1116	reemployment limitations, renewed membership provisions, and
1117	forfeiture provisions as are applicable to regular members of
1118	the Florida Retirement System under ss. 121.091(9), 121.122, and
1119	121.091(5), respectively.
1120	6.  Eligible community college employees shall be
1121	compulsory members of the Florida Retirement System until,
1122	pursuant to the procedures set forth in s. 1012.875, a written
1123	election to withdraw from the Florida Retirement System and to
1124	participate in the State Community College Optional Retirement
1125	Program is filed with the program administrator and received by
1126	the division.
1127	a.  Any community college employee whose program
1128	eligibility results from initial employment shall be enrolled in
1129	the State Community College Optional Retirement Program
1130	retroactive to the first day of eligible employment. The
1131	employer retirement contributions paid through the month of the
1132	employee plan change shall be transferred to the community
1133	college for the employee's optional program account, and,
1134	effective the first day of the next month, the employer shall
1135	pay the applicable contributions based upon subparagraph 1.
1136	b.  Any community college employee whose program
1137	eligibility results from a change in status due to the
1138	subsequent designation of the employee's position as one of
1139	those specified in subparagraph 4. or due to the employee's
1140	appointment, promotion, transfer, or reclassification to a
1141	position specified in subparagraph 4. shall be enrolled in the
1142	program upon the first day of the first full calendar month that
1143	such change in status becomes effective. The employer retirement
1144	contributions paid from the effective date through the month of
1145	the employee plan change shall be transferred to the community
1146	college for the employee's optional program account, and,
1147	effective the first day of the next month, the employer shall
1148	pay the applicable contributions based upon subparagraph 1.
1149	7.  Effective July 1, 2003, any participant of the State
1150	Community College Optional Retirement Program who has service
1151	credit in the defined benefit plan of the Florida Retirement
1152	System for the period between his or her first eligibility to
1153	transfer from the defined benefit plan to the optional
1154	retirement program and the actual date of transfer may, during
1155	his or her employment, elect to transfer to the optional
1156	retirement program a sum representing the present value of the
1157	accumulated benefit obligation under the defined benefit
1158	retirement program for such period of service credit. Upon such
1159	transfer, all such service credit previously earned under the
1160	defined benefit program of the Florida Retirement System during
1161	this period shall be nullified for purposes of entitlement to a
1162	future benefit under the defined benefit program of the Florida
1163	Retirement System.
1164	Section 17.  Paragraphs (b) and (d) of subsection (2),
1165	paragraph (h) of subsection (3), and paragraphs (a) and (b) of
1166	subsection (6) of section 121.35, Florida Statutes, are amended
1167	to read:
1168	121.35  Optional retirement program for the State
1169	University System.--
1170	(2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.--
1171	(b)  For purposes of this section, both the appointees and
1172	employees are referred to as "employees," and the "employer" of
1173	an appointee or employee is the individual institution within
1174	the State University System or the Board of Governors of the
1175	State University System State Board of Education, whichever is
1176	appropriate with respect to the particular employee or
1177	appointee.
1178	(d)  For purposes of this section, the authority granted to
1179	the Board of Governors of the State University System State
1180	Board of Education may be exercised by the Board of Governors or
1181	by the Chancellor of the State University System Division of
1182	Colleges and Universities.
1183	(3)  ELECTION OF OPTIONAL PROGRAM.--
1184	(h)  A participant in the optional retirement program may
1185	not participate in more than one state-administered retirement
1186	system, plan, or class simultaneously. Except as provided in s.
1187	121.052(6)(d), a participant who is or becomes dually employed
1188	in two or more positions covered by the Florida Retirement
1189	System, one of which is eligible for the optional program and
1190	one of which is not, may remain a member of the optional program
1191	and contributions shall be paid as required only on the salary
1192	earned in the position eligible for the optional program during
1193	such period of dual employment; or, within 90 days after
1194	becoming dually employed, he or she may elect membership in the
1195	Regular Class of the Florida Retirement System in lieu of the
1196	optional program and contributions shall be paid as required on
1197	the total salary received for all employment. At retirement, the
1198	average final compensation used to calculate any benefits for
1199	which the member becomes eligible under the Florida Retirement
1200	System shall be based on all salary reported for both positions
1201	during such period of dual employment. When such member ceases
1202	to be dually employed, he or she may, within 90 days, elect to
1203	remain in the Florida Retirement System class for which he or
1204	she is eligible or to again become a participant in the optional
1205	retirement program. Failure to elect membership in the optional
1206	program within 90 days shall result in compulsory membership in
1207	the Florida Retirement System, except that a member filling a
1208	faculty position under a faculty practice plan at the University
1209	of Florida or the Medical Center at the University of South
1210	Florida shall again participate in the optional retirement
1211	program as required in s. 121.051(1)(a). Any person appointed on
1212	or after July 1, 2006, to a faculty position in a college of a
1213	state university that has a faculty practice plan authorized by
1214	the Board of Governors of the State University System shall
1215	participate in the optional retirement system program on the
1216	basis of his or her state-funded compensation, notwithstanding
1217	the provisions of paragraph (2)(a).
1218	(6)  ADMINISTRATION OF PROGRAM.--
1219	(a)  The optional retirement program authorized by this
1220	section shall be administered by the department. The department
1221	shall adopt rules establishing the responsibilities of the State
1222	Board of Education and institutions in the State University
1223	System in administering the optional retirement program. The
1224	Board of Regents State Board of Education shall, no more than 90
1225	days after July 1, 1983, submit to the department its
1226	recommendations for the contracts to be offered by the companies
1227	chosen by the department. Effective July 1, 2001, the State
1228	Board of Education shall submit to the department its
1229	recommendations for the contracts to be offered by the companies
1230	chosen by the department. Effective July 1, 2006, the Board of
1231	Governors of the State University System shall submit
1232	recommendations on contracts within 90 days after request by the
1233	department. The recommendations of the board shall include the
1234	following:
1235	1.  The nature and extent of the rights and benefits in
1236	relation to the required contributions; and
1237	2.  The suitability of the rights and benefits to the needs
1238	of the participants and the interests of the institutions in the
1239	recruitment and retention of eligible employees.
1240	(b)  After receiving and considering the recommendations of
1241	the Board of Governors of the State University System State
1242	Board of Education, the department shall designate no more than
1243	five companies from which contracts may be purchased under the
1244	program and shall approve the form and content of the optional
1245	retirement program contracts. Any domestic company that has been
1246	designated as of July 1, 2005, shall be included in the five
1247	companies until expiration of its existing contract with the
1248	department. The domestic company may assign its contract with
1249	the department to an affiliated qualified company that is wholly
1250	owned by the domestic company's parent company and has assumed
1251	100 percent of the responsibility for the contracts purchased
1252	from the domestic company.
1253	Section 18.  Subsection (1) of section 159.703, Florida
1254	Statutes, is amended to read:
1255	159.703  Creation of research and development
1256	authorities.--
1257	(1)  Subject to the provisions of this part, each county or
1258	group of counties may create by ordinance a local governmental
1259	body as a public body corporate and politic to be known as
1260	"_____ Research and Development Authority," hereafter referred
1261	to as "authority" or "authorities." Each of the authorities is
1262	constituted as a public instrumentality for the purposes of
1263	development, operation, management, and financing of a research
1264	and development park, and the exercise by an authority of the
1265	powers conferred by ss. 159.701-159.7095 shall be deemed and
1266	held to be the performance of an essential public purpose and
1267	function. However, no authority created on or after July 1, 2006
1268	July 7, 1988, shall transact any business or exercise any power
1269	hereunder until and unless the Board of Governors of the State
1270	University System Board of Regents has designated the authority
1271	pursuant to the requirements of s. 159.704.
1272	Section 19.  Subsections (1) and (3) of section 159.704,
1273	Florida Statutes, are amended to read:
1274	159.704  Designation by Board of Governors of the State
1275	University System Board of Regents; procedure.--
1276	(1)  The authority shall prepare and submit to the Board of
1277	Governors of the State University System Board of Regents a
1278	petition requesting that the authority be designated a research
1279	and development authority.
1280	(3)  Upon approval of the petition and designation as a
1281	research and development authority by the Board of Governors of
1282	the State University System Board of Regents, the authority
1283	shall be empowered to transact any business and exercise any
1284	power authorized by ss. 159.701-159.7095 for the purposes set
1285	out in such sections.
1286	Section 20.  Section 159.706, Florida Statutes, is amended
1287	to read:
1288	159.706  Grandfather clause.--Each county designated as a
1289	research and development authority on June 30, 1979, or
1290	designated by the Board of Regents as a research and development
1291	authority prior to July 1, 2001, shall be entitled to continue
1292	to be designated and shall be accorded all powers conferred to
1293	designated authorities by ss. 159.701-159.7095, except that any
1294	authority not constituted and designated under the provisions of
1295	ss. 159.701-159.7095 shall be prohibited from exercising any
1296	power to issue revenue bonds or other debt obligations pursuant
1297	to s. 159.705(6) and (7).
1298	Section 21.  Paragraph (b) of subsection (2) of section
1299	211.3103, Florida Statutes, is amended to read:
1300	211.3103  Levy of tax on severance of phosphate rock; rate,
1301	basis, and distribution of tax.--
1302	(2)  Beginning July 1, 2003, the proceeds of all taxes,
1303	interest, and penalties imposed under this section shall be paid
1304	into the State Treasury as follows:
1305	(b)  The remaining revenues collected from the tax during
1306	that fiscal year, after the required payment under paragraph
1307	(a), shall be paid into the State Treasury as follows:
1308	1.  For payment to counties in proportion to the number of
1309	tons of phosphate rock produced from a phosphate rock matrix
1310	located within such political boundary, 18.75 percent. The
1311	department shall distribute this portion of the proceeds
1312	annually based on production information reported by the
1313	producers on the annual returns for the taxable year. Any such
1314	proceeds received by a county shall be used only for phosphate-
1315	related expenses.
1316	2.  For payment to counties that have been designated a
1317	rural area of critical economic concern pursuant to s. 288.0656
1318	in proportion to the number of tons of phosphate rock produced
1319	from a phosphate rock matrix located within such political
1320	boundary, 15 percent. The department shall distribute this
1321	portion of the proceeds annually based on production information
1322	reported by the producers on the annual returns for the taxable
1323	year.
1324	3.  To the credit of the Phosphate Research Trust Fund in
1325	the Board of Governors of the State University System Department
1326	of Education, Division of Universities, 11.25 percent.
1327	4.  To the credit of the Minerals Trust Fund, 11.25
1328	percent.
1329	5.  To the credit of the Nonmandatory Land Reclamation
1330	Trust Fund, 43.75 percent.
1331	Section 22.  Subsection (2) of section 215.16, Florida
1332	Statutes, is amended to read:
1333	215.16  Appropriations from General Revenue Fund for public
1334	schools, state institutions of higher learning, and community
1335	colleges; reduction.--
1336	(2)  If the state appropriations from the General Revenue
1337	Fund for the benefit of the uniform system of public free
1338	schools, state institutions of higher learning, and community
1339	colleges cannot be paid in full during any given year, they
1340	shall be diminished only in the same proportion that
1341	appropriations for all other purposes from the General Revenue
1342	Fund are diminished during such year. Additionally, any funding
1343	reductions to public free schools, state institutions of higher
1344	learning, and community colleges shall be diminished in
1345	proportions identical to one another. For the purpose of
1346	implementing this section, general revenue funds provided for
1347	public free schools, state institutions of higher learning, and
1348	community colleges shall be restricted to general revenue funds
1349	appropriated for the Division of Public Schools and Community
1350	Education, the Division of Workforce Development, the Division
1351	of Universities, excluding the general office of the Board of
1352	Regents, and the Division of Community Colleges, excluding the
1353	division office.
1354	Section 23.  Paragraph (h) of subsection (4) of section
1355	215.20, Florida Statutes, is amended, and paragraph (y) is added
1356	to that subsection, to read:
1357	215.20  Certain income and certain trust funds to
1358	contribute to the General Revenue Fund.--
1359	(4)  The income of a revenue nature deposited in the
1360	following described trust funds, by whatever name designated, is
1361	that from which the appropriations authorized by subsection (3)
1362	shall be made:
1363	(h)  Within the Department of Education,:
1364	1.  the Educational Certification and Service Trust Fund.
1365	2.  The Phosphate Research Trust Fund.
1366	(y)  Within the Board of Governors of the State University
1367	System, the Phosphate Research Trust Fund.
1368
1369	The enumeration of the foregoing moneys or trust funds shall not
1370	prohibit the applicability thereto of s. 215.24 should the
1371	Governor determine that for the reasons mentioned in s. 215.24
1372	the money or trust funds should be exempt herefrom, as it is the
1373	purpose of this law to exempt income from its force and effect
1374	when, by the operation of this law, federal matching funds or
1375	contributions or private grants to any trust fund would be lost
1376	to the state.
1377	Section 24.  Paragraph (b) of subsection (2) of section
1378	215.32, Florida Statutes, is amended to read:
1379	215.32  State funds; segregation.--
1380	(2)  The source and use of each of these funds shall be as
1381	follows:
1382	(b)1.  The trust funds shall consist of moneys received by
1383	the state which under law or under trust agreement are
1384	segregated for a purpose authorized by law. The state agency or
1385	branch of state government receiving or collecting such moneys
1386	shall be responsible for their proper expenditure as provided by
1387	law. Upon the request of the state agency or branch of state
1388	government responsible for the administration of the trust fund,
1389	the Chief Financial Officer may establish accounts within the
1390	trust fund at a level considered necessary for proper
1391	accountability. Once an account is established within a trust
1392	fund, the Chief Financial Officer may authorize payment from
1393	that account only upon determining that there is sufficient cash
1394	and releases at the level of the account.
1395	2.  In addition to other trust funds created by law, to the
1396	extent possible, each agency shall use the following trust funds
1397	as described in this subparagraph for day-to-day operations:
1398	a.  Operations or operating trust fund, for use as a
1399	depository for funds to be used for program operations funded by
1400	program revenues, with the exception of administrative
1401	activities when the operations or operating trust fund is a
1402	proprietary fund.
1403	b.  Operations and maintenance trust fund, for use as a
1404	depository for client services funded by third-party payors.
1405	c.  Administrative trust fund, for use as a depository for
1406	funds to be used for management activities that are departmental
1407	in nature and funded by indirect cost earnings and assessments
1408	against trust funds. Proprietary funds are excluded from the
1409	requirement of using an administrative trust fund.
1410	d.  Grants and donations trust fund, for use as a
1411	depository for funds to be used for allowable grant or donor
1412	agreement activities funded by restricted contractual revenue
1413	from private and public nonfederal sources.
1414	e.  Agency working capital trust fund, for use as a
1415	depository for funds to be used pursuant to s. 216.272.
1416	f.  Clearing funds trust fund, for use as a depository for
1417	funds to account for collections pending distribution to lawful
1418	recipients.
1419	g.  Federal grant trust fund, for use as a depository for
1420	funds to be used for allowable grant activities funded by
1421	restricted program revenues from federal sources.
1422
1423	To the extent possible, each agency must adjust its internal
1424	accounting to use existing trust funds consistent with the
1425	requirements of this subparagraph. If an agency does not have
1426	trust funds listed in this subparagraph and cannot make such
1427	adjustment, the agency must recommend the creation of the
1428	necessary trust funds to the Legislature no later than the next
1429	scheduled review of the agency's trust funds pursuant to s.
1430	215.3206.
1431	3.  All such moneys are hereby appropriated to be expended
1432	in accordance with the law or trust agreement under which they
1433	were received, subject always to the provisions of chapter 216
1434	relating to the appropriation of funds and to the applicable
1435	laws relating to the deposit or expenditure of moneys in the
1436	State Treasury.
1437	4.a.  Notwithstanding any provision of law restricting the
1438	use of trust funds to specific purposes, unappropriated cash
1439	balances from selected trust funds may be authorized by the
1440	Legislature for transfer to the Budget Stabilization Fund and
1441	General Revenue Fund in the General Appropriations Act.
1442	b.  This subparagraph does not apply to trust funds
1443	required by federal programs or mandates; trust funds
1444	established for bond covenants, indentures, or resolutions whose
1445	revenues are legally pledged by the state or public body to meet
1446	debt service or other financial requirements of any debt
1447	obligations of the state or any public body; the State
1448	Transportation Trust Fund; the trust fund containing the net
1449	annual proceeds from the Florida Education Lotteries; the
1450	Florida Retirement System Trust Fund; trust funds under the
1451	management of the State Board of Education or the Board of
1452	Governors of the State University System, where such trust funds
1453	are for auxiliary enterprises, self-insurance, and contracts,
1454	grants, and donations, as those terms are defined by general
1455	law; trust funds that serve as clearing funds or accounts for
1456	the Chief Financial Officer or state agencies; trust funds that
1457	account for assets held by the state in a trustee capacity as an
1458	agent or fiduciary for individuals, private organizations, or
1459	other governmental units; and other trust funds authorized by
1460	the State Constitution.
1461	Section 25.  Subsection (5) of section 215.559, Florida
1462	Statutes, is amended to read:
1463	215.559  Hurricane Loss Mitigation Program.--
1464	(5)  Of moneys provided to the Department of Community
1465	Affairs in paragraph (2)(a), 10 percent shall be allocated to a
1466	Type I center within the State University System dedicated to
1467	hurricane research. The Type I center shall develop a
1468	preliminary work plan approved by the advisory council set forth
1469	in subsection (6) to eliminate the state and local barriers to
1470	upgrading existing mobile homes and communities, research and
1471	develop a program for the recycling of existing older mobile
1472	homes, and support programs of research and development relating
1473	to hurricane loss reduction devices and techniques for site-
1474	built residences. The State University System also shall consult
1475	with the Department of Community Affairs and assist the
1476	department with the report required under subsection (8).
1477	Section 26.  Subsection (2) of section 215.82, Florida
1478	Statutes, is amended to read:
1479	215.82  Validation; when required.--
1480	(2)  Any bonds issued pursuant to this act which are
1481	validated shall be validated in the manner provided by chapter
1482	75. In actions to validate bonds to be issued in the name of the
1483	State Board of Education under s. 9(a) and (d), Art. XII of the
1484	State Constitution and bonds to be issued pursuant to chapter
1485	259, the Land Conservation Act of 1972, the complaint shall be
1486	filed in the circuit court of the county where the seat of state
1487	government is situated, the notice required to be published by
1488	s. 75.06 shall be published only in the county where the
1489	complaint is filed, and the complaint and order of the circuit
1490	court shall be served only on the state attorney of the circuit
1491	in which the action is pending. In any action to validate bonds
1492	issued pursuant to s. 1010.62 ss. 1010.61-1010.619 or issued
1493	pursuant to s. 9(a)(1), Art. XII of the State Constitution or
1494	issued pursuant to s. 215.605 or s. 338.227, the complaint shall
1495	be filed in the circuit court of the county where the seat of
1496	state government is situated, the notice required to be
1497	published by s. 75.06 shall be published in a newspaper of
1498	general circulation in the county where the complaint is filed
1499	and in two other newspapers of general circulation in the state,
1500	and the complaint and order of the circuit court shall be served
1501	only on the state attorney of the circuit in which the action is
1502	pending; provided, however, that if publication of notice
1503	pursuant to this section would require publication in more
1504	newspapers than would publication pursuant to s. 75.06, such
1505	publication shall be made pursuant to s. 75.06.
1506	Section 27.  Subsection (1) of section 216.0152, Florida
1507	Statutes, is amended to read:
1508	216.0152  Inventory of state-owned facilities or state-
1509	occupied facilities.--
1510	(1)  The Department of Management Services shall develop
1511	and maintain an automated inventory of all facilities owned,
1512	leased, rented, or otherwise occupied or maintained by any
1513	agency of the state or by the judicial branch, except those with
1514	less than 3,000 square feet. The inventory shall include the
1515	location, occupying agency, ownership, size, condition
1516	assessment, maintenance record, age, parking and employee
1517	facilities, and other information as required by the department
1518	for determining maintenance needs and life-cycle cost
1519	evaluations of the facility. The inventory need not include a
1520	condition assessment or maintenance record of facilities not
1521	owned by a state agency or by the judicial branch. The term
1522	"facility," as used in this section, means buildings,
1523	structures, and building systems, but does not include
1524	transportation facilities of the state transportation system.
1525	The Department of Transportation shall develop and maintain an
1526	inventory of transportation facilities of the state
1527	transportation system. The Board of Governors of the State
1528	University System and Regents and the Division of Community
1529	Colleges of the Department of Education, respectively, shall
1530	develop and maintain an inventory, in the manner prescribed by
1531	the Department of Management Services, of all state university
1532	and community college higher education facilities and shall make
1533	the data available in a format acceptable to the Department of
1534	Management Services.
1535	Section 28.  Paragraph (a) of subsection (2) of section
1536	216.251, Florida Statutes, is amended to read:
1537	216.251  Salary appropriations; limitations.--
1538	(2)(a)  The salary for each position not specifically
1539	indicated in the appropriations acts shall be as provided in one
1540	of the following subparagraphs:
1541	1.  Within the classification and pay plans provided for in
1542	chapter 110.
1543	2.  Within the classification and pay plans established by
1544	the Board of Trustees for the Florida School for the Deaf and
1545	the Blind of the Department of Education and approved by the
1546	State Board of Education for academic and academic
1547	administrative personnel.
1548	3.  Within the classification and pay plan approved and
1549	administered by the State Board of Education and the Board of
1550	Governors for those positions in the State University System.
1551	4.  Within the classification and pay plan approved by the
1552	President of the Senate and the Speaker of the House of
1553	Representatives, as the case may be, for employees of the
1554	Legislature.
1555	5.  Within the approved classification and pay plan for the
1556	judicial branch.
1557	Section 29.  Paragraph (c) of subsection (2) and paragraph
1558	(c) of subsection (4) of section 220.15, Florida Statutes, are
1559	amended to read:
1560	220.15  Apportionment of adjusted federal income.--
1561	(2)  The property factor is a fraction the numerator of
1562	which is the average value of the taxpayer's real and tangible
1563	personal property owned or rented and used in this state during
1564	the taxable year or period and the denominator of which is the
1565	average value of such property owned or rented and used
1566	everywhere.
1567	(c)  The property factor fraction shall not include any
1568	real or tangible personal property located in this state with
1569	respect to which it is certified to the Department of Revenue
1570	that such property is dedicated exclusively to research and
1571	development activities performed pursuant to sponsored research
1572	contracts conducted in conjunction with and through a university
1573	that is a member of the State University System or a nonpublic
1574	university that is chartered in Florida and conducts graduate
1575	programs at the professional or doctoral level. The Board of
1576	Governors of the State University System Board of Regents must
1577	certify the contracts for members of the State University
1578	System, and the president of the university must certify the
1579	contracts for a nonpublic university. As used in this paragraph,
1580	"sponsored research contract" means an agreement executed by
1581	parties that include at least the university and the taxpayer.
1582	Funding for sponsored research contracts may be provided from
1583	public or private sources.
1584	(4)  The payroll factor is a fraction the numerator of
1585	which is the total amount paid in this state during the taxable
1586	year or period by the taxpayer for compensation and the
1587	denominator of which is the total compensation paid everywhere
1588	during the taxable year or period.
1589	(c)  The payroll factor fraction shall not include any
1590	compensation paid to any employee located in this state when it
1591	is certified to the Department of Revenue that such compensation
1592	was paid to employees dedicated exclusively to research and
1593	development activities performed pursuant to sponsored research
1594	contracts conducted in conjunction with and through a university
1595	that is a member of the State University System or a nonpublic
1596	university that is chartered in Florida and conducts graduate
1597	programs at the professional or doctoral level. The Board of
1598	Governors of the State University System Board of Regents must
1599	certify the contracts for members of the State University
1600	System, and the president of the university must certify the
1601	contracts for a nonpublic university. As used in this paragraph,
1602	"sponsored research contract" means an agreement executed by
1603	parties that include at least the university and the taxpayer.
1604	Funding for sponsored research contracts may be provided from
1605	public or private sources.
1606	Section 30.  Subsection (7) of section 250.10, Florida
1607	Statutes, is amended to read:
1608	250.10  Appointment and duties of the Adjutant General.--
1609	(7)  The Adjutant General, the Board of Governors of the
1610	State University System, and the State Board of Education shall
1611	develop education assistance programs for members in good
1612	standing of the active Florida National Guard who enroll in a
1613	public institution of higher learning in the state.
1614	(a)  The programs shall set forth application requirements,
1615	including, but not limited to, requirements that the applicant:
1616	1.  Be 17 years of age or older.
1617	2.  Be presently domiciled in the state.
1618	3.  Be a member in good standing in the active Florida
1619	National Guard at the beginning of and throughout the entire
1620	academic term for which benefits are received.
1621	4.  Maintain continuous satisfactory participation in the
1622	active Florida National Guard for any school term for which
1623	exemption benefits are received.
1624	5.  Upon enrollment in a program specified in subsection
1625	(8) or subsection (9), complete a memorandum of agreement to
1626	comply with the rules of the program and serve in the active
1627	Florida National Guard for 3 years after completion of the
1628	studies for which an exemption is granted or tuition and fees
1629	are paid.
1630	(b)  The programs shall define those members of the active
1631	Florida National Guard who are ineligible to participate in the
1632	program and those courses of study which are not authorized for
1633	the program.
1634	1.  Such members include, but are not limited to:
1635	a.  Any member, commissioned officer, warrant officer, or
1636	enlisted person who has a baccalaureate degree.
1637	b.  Any member who has 15 years or more of total military
1638	service creditable toward retirement.
1639	c.  Any member who has not completed basic military
1640	training.
1641	2.  Courses not authorized include noncredit courses,
1642	courses that do not meet degree requirements, or courses that do
1643	not meet requirements for completion of career training.
1644	(c)  The Adjutant General, together with the Board of
1645	Governors of the State University System and the State Board of
1646	Education, shall adopt rules for the overall policy, guidance,
1647	administration, implementation, and proper utilization of the
1648	program. Such rules must include, but not be limited to,
1649	guidelines for certification by the Adjutant General of a guard
1650	member's eligibility, procedures for notification to an
1651	institution of a guard member's termination of eligibility, and
1652	procedures for restitution when a guard member fails to comply
1653	with the penalties described in this section.
1654	Section 31.  Subsection (2) of section 252.385, Florida
1655	Statutes, is amended to read:
1656	252.385  Public shelter space.--
1657	(2)  The division shall administer a program to survey
1658	existing schools, universities, community colleges, and other
1659	state-owned, municipally owned, and county-owned public
1660	buildings and any private facility that the owner, in writing,
1661	agrees to provide for use as a public hurricane evacuation
1662	shelter to identify those that are appropriately designed and
1663	located to serve as such shelters. The owners of the facilities
1664	must be given the opportunity to participate in the surveys. The
1665	state university boards of trustees Board of Regents, district
1666	school boards, community college boards of trustees, and the
1667	Department of Education are responsible for coordinating and
1668	implementing the survey of public schools, universities, and
1669	community colleges with the division or the local emergency
1670	management agency.
1671	Section 32.  Section 253.381, Florida Statutes, is amended
1672	to read:
1673	253.381  Unsurveyed marshlands; sale to upland owners.--The
1674	Board of Trustees of the Internal Improvement Trust Fund of the
1675	state is and the State Board of Education are hereby authorized
1676	to make sales of unsurveyed marshlands to record owners of
1677	uplands which have been surveyed by the United States, and to
1678	make equitable divisions of unsurveyed marsh areas and
1679	allocations of the same for sales with due respect to upland
1680	ownership, sales heretofore made, natural divisions of the
1681	unsurveyed marshes which are indicated by the general courses of
1682	water channels within or across the unsurveyed marshes and to
1683	other topographical features of the affected areas.
1684	Section 33.  Section 255.02, Florida Statutes, is amended
1685	to read:
1686	255.02  Boards authorized to replace buildings destroyed by
1687	fire.--The Department of Management Services, the Board of
1688	Regents of the Department of Education, or any other board or
1689	person having the direct supervision and control of any state
1690	building or state property, may have rebuilt or replaced, out of
1691	the proceeds from the fire insurance on such buildings or
1692	property, any buildings or property owned by the state, which
1693	may be destroyed in whole or in part by fire.
1694	Section 34.  Subsection (2) of section 255.043, Florida
1695	Statutes, is amended to read:
1696	255.043  Art in state buildings.--
1697	(2)  The Department of Management Services, the Board of
1698	Regents, or other state agencies receiving appropriations for
1699	original constructions shall notify the Florida Arts Council and
1700	the user agency of any construction project which is eligible
1701	under the provisions of this section. The Department of
1702	Management Services, the Board of Regents, or other state agency
1703	shall determine the amount to be made available for purchase or
1704	commission of works of art for each project and shall report
1705	these amounts to the Florida Arts Council and the user agency.
1706	Payments therefor shall be made from funds appropriated for
1707	fixed capital outlay according to law.
1708	Section 35.  Subsection (2) of section 255.102, Florida
1709	Statutes, is amended to read:
1710	255.102  Contractor utilization of minority business
1711	enterprises.--
1712	(2)  The Office of Supplier Diversity, in collaboration
1713	with the Board of Governors of the State University System,
1714	shall adopt rules to determine what is a "good faith effort" for
1715	purposes of contractor compliance with minority participation
1716	goals established for competitively awarded building and
1717	construction projects. Pro forma efforts shall not be considered
1718	good faith. Factors which shall be considered by the state
1719	agency in determining whether a contractor has made good faith
1720	efforts shall include, but not be limited to:
1721	(a)  Whether the contractor attended any presolicitation or
1722	prebid meetings that were scheduled by the agency to inform
1723	minority business enterprises of contracting and subcontracting
1724	opportunities.
1725	(b)  Whether the contractor advertised in general
1726	circulation, trade association, or minority-focus media
1727	concerning the subcontracting opportunities.
1728	(c)  Whether the contractor provided written notice to all
1729	relevant subcontractors listed on the minority vendor list for
1730	that locality and statewide as provided by the agency as of the
1731	date of issuance of the invitation to bid, that their interest
1732	in the contract was being solicited in sufficient time to allow
1733	the minority business enterprises to participate effectively.
1734	(d)  Whether the contractor followed up initial
1735	solicitations of interest by contacting minority business
1736	enterprises, the Office of Supplier Diversity, or minority
1737	persons who responded and provided detailed information about
1738	prebid meetings, access to plans, specifications, contractor's
1739	project manager, subcontractor bonding, if any, payment
1740	schedule, bid addenda, and other assistance provided by the
1741	contractor to enhance minority business enterprise
1742	participation.
1743	(e)  Whether the contractor selected portions of the work
1744	to be performed by minority business enterprises in order to
1745	increase the likelihood of meeting the minority business
1746	enterprise procurement goals, including, where appropriate,
1747	breaking down contracts into economically feasible units to
1748	facilitate minority business enterprise participation under
1749	reasonable and economical conditions of performance.
1750	(f)  Whether the contractor provided the Office of Supplier
1751	Diversity as well as interested minority business enterprises or
1752	minority persons with adequate information about the plans,
1753	specifications, and requirements of the contract or the
1754	availability of jobs at a time no later than when such
1755	information was provided to other subcontractors.
1756	(g)  Whether the contractor negotiated in good faith with
1757	interested minority business enterprises or minority persons,
1758	not rejecting minority business enterprises or minority persons
1759	as unqualified without sound reasons based on a thorough
1760	investigation of their capabilities or imposing implausible
1761	conditions of performance on the contract.
1762	(h)  Whether the contractor diligently seeks to replace a
1763	minority business enterprise subcontractor that is unable to
1764	perform successfully with another minority business enterprise.
1765	(i)  Whether the contractor effectively used the services
1766	of available minority community organizations; minority
1767	contractors' groups; local, state, and federal minority business
1768	assistance offices; and other organizations that provide
1769	assistance in the recruitment and placement of minority business
1770	enterprises or minority persons.
1771	Section 36.  Subsection (23) of section 280.02, Florida
1772	Statutes, is amended to read:
1773	280.02  Definitions.--As used in this chapter, the term:
1774	(23)  "Public deposit" means the moneys of the state or of
1775	any state university, county, school district, community college
1776	district, special district, metropolitan government, or
1777	municipality, including agencies, boards, bureaus, commissions,
1778	and institutions of any of the foregoing, or of any court, and
1779	includes the moneys of all county officers, including
1780	constitutional officers, that are placed on deposit in a bank,
1781	savings bank, or savings association and for which the bank,
1782	savings bank, or savings association is required to maintain
1783	reserves. This includes, but is not limited to, time deposit
1784	accounts, demand deposit accounts, and nonnegotiable
1785	certificates of deposit. Moneys in deposit notes and in other
1786	nondeposit accounts such as repurchase or reverse repurchase
1787	operations are not public deposits. Securities, mutual funds,
1788	and similar types of investments are not considered public
1789	deposits and shall not be subject to the provisions of this
1790	chapter.
1791	Section 37.  Section 286.001, Florida Statutes, is amended
1792	to read:
1793	286.001  Reports statutorily required; filing, maintenance,
1794	retrieval, and provision of copies.--
1795	(1)  Unless otherwise specifically provided by law, any
1796	agency or officer of the executive, legislative, or judicial
1797	branches of state government, the State Board of Education, the
1798	Board of Governors of the State University System Community
1799	Colleges, the Board of Regents, or the Public Service Commission
1800	required or authorized by law to make reports regularly or
1801	periodically shall fulfill such requirement by filing an
1802	abstract of the report with the statutorily or administratively
1803	designated recipients of the report and an abstract and one copy
1804	of the report with the Division of Library and Information
1805	Services of the Department of State, unless the head of the
1806	reporting entity makes a determination that the additional cost
1807	of providing the entire report to the statutorily or
1808	administratively designated recipients is justified. A one-page
1809	summary justifying the determination shall be submitted to the
1810	chairs of the governmental operations committees of both houses
1811	of the Legislature. The abstract of the contents of such report
1812	shall be no more than one-half page in length. The actual report
1813	shall be retained by the reporting agency or officer, and copies
1814	of the report shall be provided to interested parties and the
1815	statutorily or administratively designated recipients of the
1816	report upon request.
1817	(2)  With respect to reports statutorily required of
1818	agencies or officers within the executive, legislative, or
1819	judicial branches of state government, the State Board of
1820	Education, the Board of Governors of the State University System
1821	Community Colleges, the Board of Regents, or the Public Service
1822	Commission, it is the duty of the division, in addition to its
1823	duties under s. 257.05, to:
1824	(a)  Regularly compile and update bibliographic information
1825	on such reports for distribution as provided in paragraph (b).
1826	Such bibliographic information may be included in the
1827	bibliographies prepared by the division pursuant to s.
1828	257.05(3)(c).
1829	(b)  Provide for at least quarterly distribution of
1830	bibliographic information on reports to:
1831	1.  Agencies and officers within the executive,
1832	legislative, and judicial branches of state government, the
1833	State Board of Education, the Board of Governors of the State
1834	University System Community Colleges, the Board of Regents, and
1835	the Public Service Commission, free of charge; and
1836	2.  Other interested parties upon request properly made and
1837	upon payment of the actual cost of duplication pursuant to s.
1838	119.07(1).
1839	(3)  As soon as practicable, the administrative head of
1840	each executive, legislative, or judicial agency and each agency
1841	of the State Board of Education, the Board of Governors of the
1842	State University System Community Colleges, the Board of
1843	Regents, and the Public Service Commission required by law to
1844	make reports periodically shall ensure that those reports are
1845	created, stored, managed, updated, retrieved, and disseminated
1846	through electronic means.
1847	(4)  Nothing in this section shall be construed to waive or
1848	modify the requirement in s. 257.05(2) pertaining to the
1849	provision of copies of public documents to the division.
1850	Section 38.  Subsection (1) of section 287.012, Florida
1851	Statutes, is amended to read:
1852	287.012  Definitions.--As used in this part, the term:
1853	(1)  "Agency" means any of the various state officers,
1854	departments, boards, commissions, divisions, bureaus, and
1855	councils and any other unit of organization, however designated,
1856	of the executive branch of state government. "Agency" includes
1857	the Board of Governors of the State University System which is
1858	responsible for appropriate procurement policies for the state
1859	universities and, therefore, does not include the university and
1860	college boards of trustees or the state universities and
1861	colleges.
1862	Section 39.  Subsection (1) of section 287.064, Florida
1863	Statutes, is amended to read:
1864	287.064  Consolidated financing of deferred-payment
1865	purchases.--
1866	(1)  The Division of Bond Finance of the State Board of
1867	Administration and the Chief Financial Officer shall plan and
1868	coordinate deferred-payment purchases made by or on behalf of
1869	the state or its agencies or by or on behalf of state
1870	universities or state community colleges participating under
1871	this section pursuant to s. 1001.74(6)(5) or s. 1001.64(26),
1872	respectively. The Division of Bond Finance shall negotiate and
1873	the Chief Financial Officer shall execute agreements and
1874	contracts to establish master equipment financing agreements for
1875	consolidated financing of deferred-payment, installment sale, or
1876	lease purchases with a financial institution or a consortium of
1877	financial institutions. As used in this act, the term "deferred-
1878	payment" includes installment sale and lease-purchase.
1879	(a)  The period during which equipment may be acquired
1880	under any one master equipment financing agreement shall be
1881	limited to not more than 3 years.
1882	(b)  Repayment of the whole or a part of the funds drawn
1883	pursuant to the master equipment financing agreement may
1884	continue beyond the period established pursuant to paragraph
1885	(a).
1886	(c)  The interest rate component of any master equipment
1887	financing agreement shall be deemed to comply with the interest
1888	rate limitation imposed in s. 287.063 so long as the interest
1889	rate component of every interagency, state university, or
1890	community college agreement entered into under such master
1891	equipment financing agreement complies with the interest rate
1892	limitation imposed in s. 287.063. Such interest rate limitation
1893	does not apply when the payment obligation under the master
1894	equipment financing agreement is rated by a nationally
1895	recognized rating service in any one of the three highest
1896	classifications, which rating services and classifications are
1897	determined pursuant to rules adopted by the Chief Financial
1898	Officer.
1899	Section 40.  Subsection (1) of section 287.155, Florida
1900	Statutes, is amended to read:
1901	287.155  Motor vehicles; purchase by state universities
1902	Division of Universities, Department of Children and Family
1903	Services, Department of Health, Department of Juvenile Justice,
1904	and Department of Corrections.--
1905	(1)  The state universities Division of Universities of the
1906	Department of Education, the Department of Children and Family
1907	Services, the Department of Health, the Department of Juvenile
1908	Justice, and the Department of Corrections are hereby
1909	authorized, subject to the approval of the Department of
1910	Management Services, to purchase automobiles, trucks, tractors,
1911	and other automotive equipment for the use of institutions under
1912	the management of the Board of Governors of the State University
1913	System Division of Universities, the Department of Children and
1914	Family Services, the Department of Health, and the Department of
1915	Corrections, and for the use of residential facilities managed
1916	or contracted by the Department of Juvenile Justice.
1917	Section 41.  Paragraph (d) of subsection (5) of section
1918	288.15, Florida Statutes, is amended to read:
1919	288.15  Powers of Division of Bond Finance.--There is
1920	hereby granted to and vested in the Division of Bond Finance of
1921	the State Board of Administration the power, right, franchise,
1922	and authority:
1923	(5)  In order to carry out the objectives and purposes of
1924	this chapter, the division is authorized to acquire, own,
1925	construct, operate, maintain, improve, and extend public
1926	buildings, facilities, or works within the state which are of
1927	the character hereinafter specifically mentioned. All public
1928	buildings, facilities, and works which the division is
1929	authorized to own, construct, operate, and maintain must be such
1930	as can ultimately be owned and operated by an agency,
1931	department, board, bureau, or commission of the state. All or
1932	any such buildings, facilities, or works may be of a revenue-
1933	producing character in order that the cost of the same or some
1934	part of improvements or extensions thereto may be paid from
1935	receipts therefrom, including in Tallahassee only rentals,
1936	leases, and sales to both public and nonpublic agencies through
1937	the issue and sales or disposition of revenue bonds, notes, or
1938	certificates of the division. The buildings, facilities, and
1939	works which the division is hereby authorized to acquire,
1940	construct, operate, maintain, improve, and extend are:
1941	(d)  Public buildings, facilities, and additions or
1942	improvements to existing buildings and facilities for ultimate
1943	use in connection with any of the several state institutions,
1944	departments, bureaus, boards, or commissions; and, in
1945	furtherance of this paragraph, the Department of Management
1946	Services, the Board of Governors of the State University System,
1947	and the State Board of Education are authorized to cooperate
1948	with the Division of Bond Finance and to do and perform all acts
1949	and things necessary thereto. Any property acquired by the
1950	Division of Bond Finance under the provisions of this chapter
1951	may ultimately be conveyed to the state free and clear of all
1952	debt or other encumbrance.
1953	Section 42.  Section 288.17, Florida Statutes, is amended
1954	to read:
1955	288.17  Revenue certificates.--The Division of Bond Finance
1956	of the State Board of Administration is authorized to issue
1957	interest-bearing revenue certificates for construction of all
1958	state buildings approved by the Legislature in its appropriation
1959	acts and requested by the Department of Management Services or
1960	by the Board of Governors of the State University System Board
1961	of Regents.
1962	Section 43.  Subsection (7) of section 288.7091, Florida
1963	Statutes, is amended to read:
1964	288.7091  Duties of the Florida Black Business Investment
1965	Board, Inc.--The Florida Black Business Investment Board, Inc.,
1966	shall:
1967	(7)  Develop memoranda of understanding with the
1968	Departments of Education, Transportation, Community Affairs, and
1969	Management Services, as well as with Workforce Florida, Inc.,
1970	the Board of Governors of the State University System, and the
1971	State Board of Education, detailing efforts of common interest
1972	and collaborations to expand black business development;
1973	Section 44.  Subsection (3) of section 288.8175, Florida
1974	Statutes, is amended to read:
1975	288.8175  Linkage institutes between postsecondary
1976	institutions in this state and foreign countries.--
1977	(3)  Each institute must be governed by an agreement,
1978	approved by the department, between the Board of Governors of
1979	the State University System and the State Board of Education
1980	Florida Community College System with the counterpart
1981	organization in a foreign country. Each institute must report to
1982	the department regarding its program activities, expenditures,
1983	and policies.
1984	Section 45.  Paragraph (a) of subsection (4) of section
1985	295.07, Florida Statutes, is amended to read:
1986	295.07  Preference in appointment and retention.--
1987	(4)  The following positions are exempt from this section:
1988	(a)  Those positions that are exempt from the state Career
1989	Service System under s. 110.205(2); however, all positions under
1990	the University Support Personnel System of the State University
1991	System as well as all Career Service System positions under the
1992	Florida Community College System and the School for the Deaf and
1993	the Blind, or the equivalent of such positions at state
1994	universities, community colleges, or the School for the Deaf and
1995	the Blind, are included.
1996	Section 46.  Paragraph (b) of subsection (3) of section
1997	320.08058, Florida Statutes, is amended to read:
1998	320.08058  Specialty license plates.--
1999	(3)  COLLEGIATE LICENSE PLATES.--
2000	(b)  A collegiate plate annual use fee is to be distributed
2001	to the state or independent university foundation designated by
2002	the purchaser for deposit in an unrestricted account. The Board
2003	of Governors of the State University System Board of Regents
2004	shall require each state university to submit a plan for
2005	approval of the expenditure of all funds so designated. These
2006	funds may be used only for academic enhancement, including
2007	scholarships and private fundraising activities.
2008	Section 47.  Subsection (4) of section 381.79, Florida
2009	Statutes, is amended to read:
2010	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
2011	(4)  The Board of Governors of the State University System
2012	Board of Regents shall establish a program administration
2013	process which shall include: an annual prospective program plan
2014	with goals, research design, proposed outcomes, a proposed
2015	budget, an annual report of research activities and findings,
2016	and an annual end-of-year financial statement. Prospective
2017	program plans shall be submitted to the Board of Governors Board
2018	of Regents, and funds shall be released upon acceptance of the
2019	proposed program plans. The annual report of research activities
2020	and findings shall be submitted to the Board of Governors Board
2021	of Regents, with the executive summaries submitted to the
2022	President of the Senate, the Speaker of the House of
2023	Representatives, and the Secretary of Health.
2024	Section 48.  Subsection (1) of section 403.073, Florida
2025	Statutes, is amended to read:
2026	403.073  Pollution prevention; state goal; agency programs;
2027	public education.--
2028	(1)  It is a goal of the state that all its agencies, the
2029	State University System, community colleges the State Board of
2030	Community Colleges, and all municipalities, counties, regional
2031	agencies, and special districts develop and implement strategies
2032	to prevent pollution, including public information programs and
2033	education programs.
2034	Section 49.  Subsection (2) of section 403.074, Florida
2035	Statutes, is amended to read:
2036	403.074  Technical assistance by the department.--
2037	(2)  The program shall include onsite, nonregulatory
2038	technical assistance and shall promote and sponsor conferences
2039	on pollution prevention techniques. The program may be conducted
2040	in cooperation with trade associations, trade schools, the State
2041	University System, community colleges the State Board of
2042	Community Colleges, or other appropriate entities.
2043	Section 50.  Paragraph (b) of subsection (1) of section
2044	409.908, Florida Statutes, is amended to read:
2045	409.908  Reimbursement of Medicaid providers.--Subject to
2046	specific appropriations, the agency shall reimburse Medicaid
2047	providers, in accordance with state and federal law, according
2048	to methodologies set forth in the rules of the agency and in
2049	policy manuals and handbooks incorporated by reference therein.
2050	These methodologies may include fee schedules, reimbursement
2051	methods based on cost reporting, negotiated fees, competitive
2052	bidding pursuant to s. 287.057, and other mechanisms the agency
2053	considers efficient and effective for purchasing services or
2054	goods on behalf of recipients. If a provider is reimbursed based
2055	on cost reporting and submits a cost report late and that cost
2056	report would have been used to set a lower reimbursement rate
2057	for a rate semester, then the provider's rate for that semester
2058	shall be retroactively calculated using the new cost report, and
2059	full payment at the recalculated rate shall be effected
2060	retroactively. Medicare-granted extensions for filing cost
2061	reports, if applicable, shall also apply to Medicaid cost
2062	reports. Payment for Medicaid compensable services made on
2063	behalf of Medicaid eligible persons is subject to the
2064	availability of moneys and any limitations or directions
2065	provided for in the General Appropriations Act or chapter 216.
2066	Further, nothing in this section shall be construed to prevent
2067	or limit the agency from adjusting fees, reimbursement rates,
2068	lengths of stay, number of visits, or number of services, or
2069	making any other adjustments necessary to comply with the
2070	availability of moneys and any limitations or directions
2071	provided for in the General Appropriations Act, provided the
2072	adjustment is consistent with legislative intent.
2073	(1)  Reimbursement to hospitals licensed under part I of
2074	chapter 395 must be made prospectively or on the basis of
2075	negotiation.
2076	(b)  Reimbursement for hospital outpatient care is limited
2077	to $1,500 per state fiscal year per recipient, except for:
2078	1.  Such care provided to a Medicaid recipient under age
2079	21, in which case the only limitation is medical necessity.
2080	2.  Renal dialysis services.
2081	3.  Other exceptions made by the agency.
2082
2083	The agency is authorized to receive funds from state entities,
2084	including, but not limited to, the Department of Health, the
2085	Board of Governors of the State University System Board of
2086	Regents, local governments, and other local political
2087	subdivisions, for the purpose of making payments, including
2088	federal matching funds, through the Medicaid outpatient
2089	reimbursement methodologies. Funds received from state entities
2090	and local governments for this purpose shall be separately
2091	accounted for and shall not be commingled with other state or
2092	local funds in any manner.
2093	Section 51.  Paragraph (d) of subsection (2) of section
2094	413.051, Florida Statutes, is amended to read:
2095	413.051  Eligible blind persons; operation of vending
2096	stands.--
2097	(2)  As used in this section, the term:
2098	(d)  "State property" means any building or land owned,
2099	leased, or otherwise controlled by the state, but does not
2100	include any building or land under the control of a state
2101	university board of trustees the Board of Regents, a community
2102	college district board of trustees, or any state correctional
2103	institution as defined in s. 944.02.
2104	Section 52.  Paragraph (a) of subsection (6) of section
2105	440.491, Florida Statutes, is amended to read:
2106	440.491  Reemployment of injured workers; rehabilitation.--
2107	(6)  TRAINING AND EDUCATION.--
2108	(a)  Upon referral of an injured employee by the carrier,
2109	or upon the request of an injured employee, the department shall
2110	conduct a training and education screening to determine whether
2111	it should refer the employee for a vocational evaluation and, if
2112	appropriate, approve training and education or other vocational
2113	services for the employee. The department may not approve formal
2114	training and education programs unless it determines, after
2115	consideration of the reemployment assessment, pertinent
2116	reemployment status reviews or reports, and such other relevant
2117	factors as it prescribes by rule, that the reemployment plan is
2118	likely to result in return to suitable gainful employment. The
2119	department is authorized to expend moneys from the Workers'
2120	Compensation Administration Trust Fund, established by s.
2121	440.50, to secure appropriate training and education at a
2122	community college as designated in s. 1000.21(4)(3) or at a
2123	career center established under s. 1001.44, or to secure other
2124	vocational services when necessary to satisfy the recommendation
2125	of a vocational evaluator. As used in this paragraph,
2126	"appropriate training and education" includes securing a general
2127	education diploma (GED), if necessary. The department shall
2128	establish training and education standards pertaining to
2129	employee eligibility, course curricula and duration, and
2130	associated costs.
2131	Section 53.  Subsection (2), paragraph (a) of subsection
2132	(4), and subsection (10) of section 447.203, Florida Statutes,
2133	are amended to read:
2134	447.203  Definitions.--As used in this part:
2135	(2)  "Public employer" or "employer" means the state or any
2136	county, municipality, or special district or any subdivision or
2137	agency thereof which the commission determines has sufficient
2138	legal distinctiveness properly to carry out the functions of a
2139	public employer. With respect to all public employees determined
2140	by the commission as properly belonging to a statewide
2141	bargaining unit composed of State Career Service System
2142	employees or Selected Professional Service employees, the
2143	Governor shall be deemed to be the public employer; and the
2144	Board of Governors of the State University System, or the
2145	board's designee, university board of trustees shall be deemed
2146	to be the public employer with respect to all public employees
2147	of each constituent the respective state university. The board
2148	of trustees of a community college shall be deemed to be the
2149	public employer with respect to all employees of the community
2150	college. The district school board shall be deemed to be the
2151	public employer with respect to all employees of the school
2152	district. The Board of Trustees of the Florida School for the
2153	Deaf and the Blind shall be deemed to be the public employer
2154	with respect to the academic and academic administrative
2155	personnel of the Florida School for the Deaf and the Blind. The
2156	Governor shall be deemed to be the public employer with respect
2157	to all employees in the Correctional Education Program of the
2158	Department of Corrections established pursuant to s. 944.801.
2159	(4)  "Managerial employees" are those employees who:
2160	(a)  Perform jobs that are not of a routine, clerical, or
2161	ministerial nature and require the exercise of independent
2162	judgment in the performance of such jobs and to whom one or more
2163	of the following applies:
2164	1.  They formulate or assist in formulating policies which
2165	are applicable to bargaining unit employees.
2166	2.  They may reasonably be required on behalf of the
2167	employer to assist in the preparation for the conduct of
2168	collective bargaining negotiations.
2169	3.  They have a role in the administration of agreements
2170	resulting from collective bargaining negotiations.
2171	4.  They have a significant role in personnel
2172	administration.
2173	5.  They have a significant role in employee relations.
2174	6.  They are included in the definition of administrative
2175	personnel contained in s. 1012.01(3).
2176	6.7.  They have a significant role in the preparation or
2177	administration of budgets for any public agency or institution
2178	or subdivision thereof.
2179
2180	However, in determining whether an individual is a managerial
2181	employee pursuant to either paragraph (a) or paragraph (b),
2182	above, the commission may consider historic relationships of the
2183	employee to the public employer and to coemployees.
2184	(10)  "Legislative body" means the State Legislature, the
2185	board of county commissioners, the district school board, the
2186	governing body of a municipality, or the governing body of an
2187	instrumentality or unit of government having authority to
2188	appropriate funds and establish policy governing the terms and
2189	conditions of employment and which, as the case may be, is the
2190	appropriate legislative body for the bargaining unit. For
2191	purposes of s. 447.403, the Board of Governors of the State
2192	University System, or the board's designee, state university
2193	board of trustees shall be deemed to be the legislative body
2194	with respect to all employees of each constituent the state
2195	university. For purposes of s. 447.403 the board of trustees of
2196	a community college shall be deemed to be the legislative body
2197	with respect to all employees of the community college.
2198	Section 54.  Section 455.2125, Florida Statutes, is amended
2199	to read:
2200	455.2125  Consultation with postsecondary education boards
2201	prior to adoption of changes to training requirements.--Any
2202	state agency or board that has jurisdiction over the regulation
2203	of a profession or occupation shall consult with the Commission
2204	for Independent Education, the Board of Governors of the State
2205	University System Board of Regents, and the State Board of
2206	Education prior to adopting any changes to training requirements
2207	relating to entry into the profession or occupation. This
2208	consultation must allow the educational board to provide advice
2209	regarding the impact of the proposed changes in terms of the
2210	length of time necessary to complete the training program and
2211	the fiscal impact of the changes. The educational board must be
2212	consulted only when an institution offering the training program
2213	falls under its jurisdiction.
2214	Section 55.  Section 456.028, Florida Statutes, is amended
2215	to read:
2216	456.028  Consultation with postsecondary education boards
2217	prior to adoption of changes to training requirements.--Any
2218	state agency or board that has jurisdiction over the regulation
2219	of a profession or occupation shall consult with the Commission
2220	for Independent Education, the Board of Governors of the State
2221	University System Board of Regents, and the State Board of
2222	Education prior to adopting any changes to training requirements
2223	relating to entry into the profession or occupation. This
2224	consultation must allow the educational board to provide advice
2225	regarding the impact of the proposed changes in terms of the
2226	length of time necessary to complete the training program and
2227	the fiscal impact of the changes. The educational board must be
2228	consulted only when an institution offering the training program
2229	falls under its jurisdiction.
2230	Section 56.  Subsection (3) of section 489.103, Florida
2231	Statutes, is amended to read:
2232	489.103  Exemptions.--This part does not apply to:
2233	(3)  An authorized employee of the United States, this
2234	state, or any municipality, county, irrigation district,
2235	reclamation district, or any other municipal or political
2236	subdivision, except school boards, state university boards of
2237	trustees, and community college boards of trustees the Board of
2238	Regents, and community colleges, unless for the purpose of
2239	performing routine maintenance or repair or construction not
2240	exceeding $200,000 to existing installations, if the employee
2241	does not hold himself or herself out for hire or otherwise
2242	engage in contracting except in accordance with his or her
2243	employment. If the construction, remodeling, or improvement
2244	exceeds $200,000, school boards, state university boards of
2245	trustees, and community college boards of trustees the Board of
2246	Regents, and community colleges, shall not divide the project
2247	into separate components for the purpose of evading this
2248	section.
2249	Section 57.  Subsection (2) of section 489.503, Florida
2250	Statutes, is amended to read:
2251	489.503  Exemptions.--This part does not apply to:
2252	(2)  An authorized employee of the United States, this
2253	state, or any municipality, county, irrigation district,
2254	reclamation district, or any other municipal or political
2255	subdivision of this state, except school boards, state
2256	university boards of trustees, and community college boards of
2257	trustees the Board of Regents, and community colleges, unless
2258	for the purpose of performing routine maintenance or repair or
2259	construction not exceeding $200,000 to existing installations,
2260	as long as the employee does not hold himself or herself out for
2261	hire or otherwise engage in contracting except in accordance
2262	with his or her employment. If the construction, remodeling, or
2263	improvement exceeds $200,000, school boards, state university
2264	boards of trustees, and community college boards of trustees the
2265	Board of Regents, and community colleges, shall not divide the
2266	project into separate components for the purpose of evading this
2267	section.
2268	Section 58.  Subsection (5) of section 553.71, Florida
2269	Statutes, is amended to read:
2270	553.71  Definitions.--As used in this part, the term:
2271	(5)  "Local enforcement agency" means an agency of local
2272	government, a local school board, a community college board of
2273	trustees, or a university board of trustees in the State
2274	University System with jurisdiction to make inspections of
2275	buildings and to enforce the codes which establish standards for
2276	design, construction, erection, alteration, repair,
2277	modification, or demolition of public or private buildings,
2278	structures, or facilities.
2279	Section 59.  Subsection (7) of section 633.01, Florida
2280	Statutes, is amended to read:
2281	633.01  State Fire Marshal; powers and duties; rules.--
2282	(7)  The State Fire Marshal shall adopt and administer
2283	rules prescribing standards for the safety and health of
2284	occupants of educational and ancillary facilities pursuant to
2285	ss. 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
2286	county that does not employ or appoint a local fire official,
2287	the State Fire Marshal shall assume the duties of the local fire
2288	official with respect to firesafety inspections of educational
2289	property required under s. 1013.12(3)(2)(b), and the State Fire
2290	Marshal may take necessary corrective action as authorized under
2291	s. 1013.12(6)(5).
2292	Section 60.  Subsection (5) of section 650.03, Florida
2293	Statutes, is amended to read:
2294	650.03  Federal-state agreement; interstate
2295	instrumentalities.--
2296	(5)  For purposes of this chapter, employees of the
2297	institutions of higher learning under the Board of Governors of
2298	the State University System Board of Regents who are covered by
2299	the Teachers' Retirement System shall be deemed to be covered by
2300	a separate retirement system for each institution.
2301	Section 61.  Subsection (2) of section 943.1755, Florida
2302	Statutes, is amended to read:
2303	943.1755  Florida Criminal Justice Executive Institute.--
2304	(2)  The institute is established within the Department of
2305	Law Enforcement and affiliated with the State University System.
2306	The Board of Governors of the State University System Board of
2307	Regents shall, in cooperation with the Department of Law
2308	Enforcement, determine the specific placement of the institute
2309	within the system.
2310	Section 62.  Subsections (3) and (5) of section 1000.01,
2311	Florida Statutes, are amended to read:
2312	1000.01  The Florida K-20 education system; technical
2313	provisions.--
2314	(3)  PURPOSE.--The purpose of the Florida K-20 Education
2315	Code is to provide by law for a state system of schools,
2316	courses, classes, and educational institutions and services
2317	adequate to allow, for all Florida's students, the opportunity
2318	to obtain a high quality education. This includes the
2319	establishment, maintenance, and operation of institutions of
2320	higher learning and other public education programs that the
2321	needs of the people may require. The Florida K-20 education
2322	system is established to accomplish this purpose; however,
2323	nothing in this code shall be construed to require the provision
2324	of free public education beyond grade 12.
2325	(5)  EDUCATION GOVERNANCE TRANSFERS.--
2326	(a)  Effective July 1, 2001:
2327	1.  The Board of Regents is abolished.
2328	2.  All of the powers, duties, functions, records,
2329	personnel, and property; unexpended balances of appropriations,
2330	allocations, and other funds; administrative authority;
2331	administrative rules; pending issues; and existing contracts of
2332	the Board of Regents are transferred by a type two transfer,
2333	pursuant to s. 20.06(2), to the State Board of Education.
2334	3.  The State Board of Community Colleges is abolished.
2335	4.  All of the powers, duties, functions, records,
2336	personnel, and property; unexpended balances of appropriations,
2337	allocations, and other funds; administrative authority;
2338	administrative rules; pending issues; and existing contracts of
2339	the State Board of Community Colleges are transferred by a type
2340	two transfer, pursuant to s. 20.06(2), from the Department of
2341	Education to the State Board of Education.
2342	5.  The Postsecondary Education Planning Commission is
2343	abolished.
2344	6.  The Council for Education Policy Research and
2345	Improvement is created as an independent office under the Office
2346	of Legislative Services.
2347	7.  All personnel, unexpended balances of appropriations,
2348	and allocations of the Postsecondary Education Planning
2349	Commission are transferred to the Council for Education Policy
2350	Research and Improvement.
2351	8.  The Articulation Coordinating Committee and the
2352	Education Standards Commission are transferred by a type two
2353	transfer, pursuant to s. 20.06(2), from the Department of
2354	Education to the State Board of Education.
2355	(b)  All rules of the State Board of Education, the
2356	Commissioner of Education, and the Department of Education, and
2357	all rules of the district school boards, the community college
2358	boards of trustees, and the state university boards of trustees,
2359	in effect on January 2, 2003, remain in effect until
2360	specifically amended or repealed in the manner provided by law.
2361	(c)  Effective January 7, 2003:
2362	1.  The administrative rules of the Department of Education
2363	and the Commissioner of Education shall become the rules of the
2364	State Board of Education.
2365	2.  The administrative rules of the State Board of
2366	Education shall become the rules of the appointed State Board of
2367	Education.
2368	(d)  All administrative rules of the State Board of
2369	Education, the Commissioner of Education, and the Department of
2370	Education are transferred by a type two transfer, as defined in
2371	s. 20.06(2), to the appointed State Board of Education.
2372	(e)  This act creating the Florida K-20 Education Code
2373	shall not affect the validity of any judicial or administrative
2374	action involving the Department of Education, pending on January
2375	7, 2003. This act shall not affect the validity of any judicial
2376	or administrative action involving the Commissioner of Education
2377	or the State Board of Education, pending on January 7, 2003, and
2378	the appointed State Board of Education shall be substituted as a
2379	party of interest in any such action.
2380	(f)  Effective July 1, 2006, any remaining powers, duties,
2381	functions, records, property, unexpended balances of
2382	appropriations, allocations, and other funds; administrative
2383	authority; administrative rules; pending issues; and existing
2384	contracts of the Board of Regents that were previously
2385	transferred to the State Board of Education after the Board of
2386	Regents was abolished pursuant to paragraph (a) are transferred
2387	to the Board of Governors in accordance with s. 7(d), Art. IX of
2388	the State Constitution.
2389	Section 63.  Subsection (1) and paragraphs (b) and (c) of
2390	subsection (2) of section 1000.03, Florida Statutes, are amended
2391	to read:
2392	1000.03  Function, mission, and goals of the Florida K-20
2393	education system.--
2394	(1)  Florida's K-20 education system shall be a
2395	decentralized system without excess layers of bureaucracy. The
2396	State Board of Education may appoint on an ad hoc basis a
2397	committee or committees to assist it on any and all issues
2398	within the K-20 education system. Florida's K-20 education
2399	system shall maintain a systemwide technology plan based on a
2400	common set of data definitions.
2401	(2)
2402	(b)  With the exception of matters directly relating to the
2403	State University System, the State Board of Education shall
2404	oversee the enforcement of all laws and rules, and the timely
2405	provision of direction, resources, assistance, intervention when
2406	needed, and strong incentives and disincentives to force
2407	accountability for results.
2408	(c)  The Board of Governors shall oversee the enforcement
2409	of all state university laws and rules and the timely provision
2410	of direction, resources, assistance, intervention when needed,
2411	and strong incentives and disincentives to force accountability
2412	for results. The Commissioner of Education shall serve as chief
2413	executive officer of the K-20 education system. The commissioner
2414	shall be responsible for enforcing compliance with the mission
2415	and goals of the K-20 education system. The commissioner's
2416	office shall operate all statewide functions necessary to
2417	support the State Board of Education and the K-20 education
2418	system.
2419	Section 64.  Paragraphs (d) and (e) of subsection (3) and
2420	subsections (4), (5), and (6) of section 1000.05, Florida
2421	Statutes, are amended to read:
2422	1000.05  Discrimination against students and employees in
2423	the Florida K-20 public education system prohibited; equality of
2424	access required.--
2425	(3)
2426	(d)  A public K-20 educational institution which operates
2427	or sponsors interscholastic, intercollegiate, club, or
2428	intramural athletics shall provide equal athletic opportunity
2429	for members of both genders.
2430	1.  The Board of Governors shall determine whether equal
2431	opportunities are available at state universities.
2432	2.  The Commissioner of Education shall determine whether
2433	equal opportunities are available in school districts and
2434	community colleges. In determining whether equal opportunities
2435	are available in school districts and community colleges, the
2436	Commissioner of Education shall consider, among other factors:
2437	a.1.  Whether the selection of sports and levels of
2438	competition effectively accommodate the interests and abilities
2439	of members of both genders.
2440	b.2.  The provision of equipment and supplies.
2441	c.3.  Scheduling of games and practice times.
2442	d.4.  Travel and per diem allowances.
2443	e.5.  Opportunities to receive coaching and academic
2444	tutoring.
2445	f.6.  Assignment and compensation of coaches and tutors.
2446	g.7.  Provision of locker room, practice, and competitive
2447	facilities.
2448	h.8.  Provision of medical and training facilities and
2449	services.
2450	i.9.  Provision of housing and dining facilities and
2451	services.
2452	j.10.  Publicity.
2453
2454	Unequal aggregate expenditures for members of each gender or
2455	unequal expenditures for male and female teams if a public
2456	school or community college K-20 educational institution
2457	operates or sponsors separate teams do not constitute
2458	nonimplementation of this subsection, but the Commissioner of
2459	Education shall consider the failure to provide necessary funds
2460	for teams for one gender in assessing equality of opportunity
2461	for members of each gender.
2462	(e)  A public school or community college K-20 educational
2463	institution may provide separate toilet, locker room, and shower
2464	facilities on the basis of gender, but such facilities shall be
2465	comparable to such facilities provided for students of the other
2466	gender.
2467	(4)  Public schools and community colleges Educational
2468	institutions within the state public K-20 education system shall
2469	develop and implement methods and strategies to increase the
2470	participation of students of a particular race, ethnicity,
2471	national origin, gender, disability, or marital status in
2472	programs and courses in which students of that particular race,
2473	ethnicity, national origin, gender, disability, or marital
2474	status have been traditionally underrepresented, including, but
2475	not limited to, mathematics, science, computer technology,
2476	electronics, communications technology, engineering, and career
2477	education.
2478	(5)(a)  The State Board of Education shall adopt rules to
2479	implement this section as it relates to school districts and
2480	community colleges.
2481	(b)  The Board of Governors shall adopt rules to implement
2482	this section as it relates to state universities.
2483	(6)  The functions of the Office of Equal Educational
2484	Opportunity of the Department of Education shall include, but
2485	are not limited to:
2486	(a)  Requiring all district school boards and, community
2487	college boards of trustees, and state university boards of
2488	trustees to develop and submit plans for the implementation of
2489	this section to the Department of Education.
2490	(b)  Conducting periodic reviews of school districts and
2491	community colleges public K-20 educational agencies to determine
2492	compliance with this section and, after a finding that a school
2493	district or a community college an educational agency is not in
2494	compliance with this section, notifying the entity agency of the
2495	steps that it must take to attain compliance and performing
2496	followup monitoring.
2497	(c)  Providing technical assistance, including assisting
2498	school districts or community colleges public K-20 educational
2499	agencies in identifying unlawful discrimination and instructing
2500	them in remedies for correction and prevention of such
2501	discrimination and performing followup monitoring.
2502	(d)  Conducting studies of the effectiveness of methods and
2503	strategies designed to increase the participation of students in
2504	programs and courses in which students of a particular race,
2505	ethnicity, national origin, gender, disability, or marital
2506	status have been traditionally underrepresented and monitoring
2507	the success of students in such programs or courses, including
2508	performing followup monitoring.
2509	(e)  Requiring all district school boards and, community
2510	college boards of trustees, and state university boards of
2511	trustees to submit data and information necessary to determine
2512	compliance with this section. The Commissioner of Education
2513	shall prescribe the format and the date for submission of such
2514	data and any other educational equity data. If any board does
2515	not submit the required compliance data or other required
2516	educational equity data by the prescribed date, the commissioner
2517	shall notify the board of this fact and, if the board does not
2518	take appropriate action to immediately submit the required
2519	report, the State Board of Education shall impose monetary
2520	sanctions.
2521	(f)  Based upon rules of the State Board of Education,
2522	developing and implementing enforcement mechanisms with
2523	appropriate penalties to ensure that public K-12 schools and,
2524	community colleges, and state universities comply with Title IX
2525	of the Education Amendments of 1972 and subsection (3) of this
2526	section. However, the State Board of Education may not force a
2527	public school or community college an educational agency to
2528	conduct, nor penalize such entity an educational agency for not
2529	conducting, a program of athletic activity or athletic
2530	scholarship for female athletes unless it is an athletic
2531	activity approved for women by a recognized association whose
2532	purpose is to promote athletics and a conference or league
2533	exists to promote interscholastic or intercollegiate competition
2534	for women in that athletic activity.
2535	(g)  Reporting to the Commissioner of Education any
2536	district school board or, community college board of trustees,
2537	or state university board of trustees found to be out of
2538	compliance with rules of the State Board of Education adopted as
2539	required by paragraph (f) or paragraph (3)(d). To penalize the
2540	board, the State Board of Education shall:
2541	1.  Declare the school district or community college
2542	educational agency ineligible for competitive state grants.
2543	2.  Notwithstanding the provisions of s. 216.192, direct
2544	the Chief Financial Officer to withhold general revenue funds
2545	sufficient to obtain compliance from the school district or
2546	community college educational agency.
2547
2548	The school district or community college educational agency
2549	shall remain ineligible and the funds shall not be paid until
2550	the institution agency comes into compliance or the State Board
2551	of Education approves a plan for compliance.
2552	Section 65.  Subsections (2) through (7) of section
2553	1000.21, Florida Statutes, are renumbered as subsections (3)
2554	through (8), respectively, and a new subsection (2) is added to
2555	that section to read:
2556	1000.21  Systemwide definitions.--As used in the Florida K-
2557	K-20 Education Code:
2558	(2)  "Board of Governors" is the Board of Governors of the
2559	State University System.
2560	Section 66.  Section 1001.02, Florida Statutes, is amended
2561	to read:
2562	1001.02  General powers of State Board of Education.--
2563	(1)  The State Board of Education is the chief implementing
2564	and coordinating body of public education in Florida, and it
2565	shall focus on high-level policy decisions. It has authority to
2566	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
2567	the provisions of law conferring duties upon it for the
2568	improvement of the state system of K-20 public education. Except
2569	as otherwise provided herein, it may, as it finds appropriate,
2570	delegate its general powers to the Commissioner of Education or
2571	the directors of the divisions of the department.
2572	(2)  The State Board of Education has the following duties:
2573	(a)  To adopt comprehensive educational objectives for
2574	public education.
2575	(b)  To adopt comprehensive long-range plans and short-
2576	range programs for the development of the state system of public
2577	education.
2578	(c)  To exercise general supervision over the divisions of
2579	the Department of Education as necessary to ensure coordination
2580	of educational plans and programs and resolve controversies and
2581	to minimize problems of articulation and student transfers, to
2582	ensure that students moving from one level of education to the
2583	next have acquired competencies necessary for satisfactory
2584	performance at that level, and to ensure maximum utilization of
2585	facilities.
2586	(d)  To adopt, in conjunction with the Board of Governors
2587	for state universities and community colleges, and from time to
2588	time modify, minimum and uniform standards of college-level
2589	communication and computation skills generally associated with
2590	successful performance and progression through the baccalaureate
2591	level and to identify college-preparatory high school coursework
2592	and postsecondary-level coursework that prepares students with
2593	the academic skills necessary to succeed in postsecondary
2594	education.
2595	(e)  To adopt and submit to the Governor and Legislature,
2596	as provided in s. 216.023 on or before September 1 of each year,
2597	a coordinated K-20 education budget that estimates the
2598	expenditure requirements for the Board of Governors, the State
2599	Board of Education, including the Department of Education and,
2600	the Commissioner of Education, and all of the boards,
2601	institutions, agencies, and services under the general
2602	supervision of the Board of Governors or the State Board of
2603	Education for the ensuing fiscal year. Any program recommended
2604	by the Board of Governors or the State Board of Education which
2605	will require increases in state funding for more than 1 year
2606	must be presented in a multiyear budget plan.
2607	(f)  To hold meetings, transact business, keep records,
2608	adopt a seal, and, except as otherwise provided by law, perform
2609	such other duties as may be necessary for the enforcement of all
2610	laws and rules relating to the state system of public education.
2611	(g)  To approve plans for cooperating with the Federal
2612	Government.
2613	(h)  To approve plans for cooperating with other public
2614	agencies in the development of rules and in the enforcement of
2615	laws for which the state board and such agencies are jointly
2616	responsible.
2617	(i)  To review plans for cooperating with appropriate
2618	nonpublic agencies for the improvement of conditions relating to
2619	the welfare of schools.
2620	(j)  To create such subordinate advisory bodies as are
2621	required by law or as it finds necessary for the improvement of
2622	education.
2623	(k)  To constitute any education bodies or other structures
2624	as required by federal law.
2625	(l)  To assist in the economic development of the state by
2626	developing a state-level planning process to identify future
2627	training needs for industry, especially high-technology
2628	industry.
2629	(m)  To assist in the planning and economic development of
2630	the state by establishing a clearinghouse for information on
2631	educational programs of value to economic development.
2632	(n)  To adopt cohesive rules pursuant to ss. 120.536(1) and
2633	120.54, within statutory authority, for education systemwide
2634	issues.
2635	(o)  To authorize the allocation of resources in accordance
2636	with law and rule.
2637	(p)  To contract with independent institutions accredited
2638	by an agency whose standards are comparable to the minimum
2639	standards required to operate a postsecondary educational
2640	institution at that level in the state. The purpose of the
2641	contract is to provide those educational programs and facilities
2642	which will meet needs unfulfilled by the state system of public
2643	postsecondary education.
2644	(q)  To recommend that a district school board take action
2645	consistent with the state board's decision relating to an appeal
2646	of a charter school application.
2647	(r)  To enforce systemwide education goals and policies
2648	except as otherwise provided by law.
2649	(s)  To establish a detailed procedure for the
2650	implementation and operation of a systemwide K-20 technology
2651	plan that is based on a common set of data definitions.
2652	(t)  To establish accountability standards for existing
2653	legislative performance goals, standards, and measures, and
2654	order the development of mechanisms to implement new legislative
2655	goals, standards, and measures.
2656	(u)  To adopt criteria and implementation plans for future
2657	growth issues, such as new community colleges and universities
2658	and campus mergers, and to provide for cooperative agreements
2659	between and within public and private education sectors.
2660	(v)  To develop, in conjunction with the Board of
2661	Governors, and periodically review for adjustment, a coordinated
2662	5-year plan for postsecondary enrollment and annually submit the
2663	plan to the Legislature.
2664	(w)  To approve a new program at the professional level or
2665	doctoral level, if:
2666	1.  The university has taken into account the need and
2667	demand for the program, the university's mission, and similar
2668	program offerings by public and nonpublic counterparts.
2669	2.  The addition of the program will not alter the
2670	university's emphasis on undergraduate education.
2671	(x)  To review, and approve or disapprove, degree programs
2672	identified as unique pursuant to s. 1007.25.
2673	(y)  To recommend to the Legislature a plan for
2674	implementing block tuition programs and providing other
2675	incentives to encourage students to graduate within 4 years.
2676	(3)  The State Board of Education shall adopt rules to
2677	establish the criteria for assigning, reviewing, and removing
2678	limited-access status to an educational program. The State Board
2679	of Education shall monitor the extent of limited-access programs
2680	within the state universities and report to the Legislature
2681	admissions and enrollment data for limited-access programs. Such
2682	report shall be submitted annually by December 1 and shall
2683	assist in determining the potential need for academic program
2684	contracts with independent institutions pursuant to paragraph
2685	(2)(p). The report must specify, for each limited-access program
2686	within each institution, the following categories, by race and
2687	gender:
2688	(a)  The number of applicants.
2689	(b)  The number of applicants granted admission.
2690	(c)  The number of applicants who are granted admission and
2691	enroll.
2692	(d)  The number of applicants denied admission.
2693	(e)  The number of applicants neither granted admission nor
2694	denied admission.
2695
2696	Each category must be reported for each term. Each category must
2697	be reported by type of student, including the following
2698	subcategories: native students, community college associate in
2699	arts degree transfer students, and other students. Each category
2700	and subcategory must further be reported according to the number
2701	of students who meet or exceed the minimum eligibility
2702	requirements for admission to the program and the number of
2703	students who do not meet or exceed the minimum eligibility
2704	requirements for admission to the program.
2705	(4)  The State Board of Education shall review, and approve
2706	or disapprove, baccalaureate-degree programs that exceed 120
2707	semester hours, after considering accreditation requirements,
2708	employment and earnings of graduates, comparative program
2709	lengths nationally, and comparisons with similar programs
2710	offered by independent institutions. By December 31 of each
2711	year, the State Board of Education must report to the
2712	Legislature any degrees in the state universities that require
2713	more than 120 hours, along with appropriate evidence of need. At
2714	least every 5 years, the State Board of Education must determine
2715	whether the programs still require more than the standard length
2716	of 120 hours.
2717	(3)(5)(a)  The State Board of Education shall adopt a
2718	systemwide strategic plan that specifies goals and objectives
2719	for the state's public schools state universities and community
2720	colleges. In developing this plan, the State Board of Education
2721	shall consider the role of individual public and independent
2722	institutions within the state. The plan shall be formulated in
2723	conjunction with plans of the Board of Governors in order to
2724	provide for the roles of the universities and community colleges
2725	to be coordinated to best meet state needs and reflect cost-
2726	effective use of state resources. The strategic plan must
2727	clarify mission statements and identify degree programs to be
2728	offered at each university and community college in accordance
2729	with the objectives provided in this subsection. The systemwide
2730	strategic plan must cover a period of 5 years, with modification
2731	of the program lists after 2 years. Development of each 5-year
2732	plan must be coordinated with and initiated after completion of
2733	the master plan. The systemwide and university and community
2734	college strategic plans must specifically include programs and
2735	procedures for responding to the educational needs of teachers
2736	and students in the public schools of this state. The state
2737	board shall submit a report to the President of the Senate and
2738	the Speaker of the House of Representatives upon modification of
2739	the system plan.
2740	(b)  The State Board of Education shall develop long-range
2741	plans and annual reports for financial aid in this state. The
2742	long-range plans shall establish goals and objectives for a
2743	comprehensive program of financial aid for Florida students and
2744	shall be updated every 5 years. The annual report shall include
2745	programs administered by the department as well as awards made
2746	from financial aid fee revenues, any other funds appropriated by
2747	the Legislature for financial assistance, and the value of
2748	tuition and fees waived for students enrolled in a dual
2749	enrollment course at a public postsecondary educational
2750	institution. The annual report shall include an assessment of
2751	progress made in achieving goals and objectives established in
2752	the long-range plans and recommendations for repealing or
2753	modifying existing financial aid programs or establishing new
2754	programs. A long-range plan shall be submitted by January 1,
2755	2004, and every 5 years thereafter. An annual report shall be
2756	submitted on January 1, 2004, and in each successive year that a
2757	long-range plan is not submitted, to the President of the
2758	Senate, and the Speaker of the House of Representatives, and the
2759	Board of Governors.
2760	(6)  The State Board of Education shall coordinate the
2761	programs with the Council for Education Policy Research and
2762	Improvement, including doctoral programs. The programs shall be
2763	reviewed every 5 years or whenever the state board determines
2764	that the effectiveness or efficiency of a program is
2765	jeopardized. The State Board of Education shall define the
2766	indicators of quality and the criteria for program review for
2767	every program. Such indicators include need, student demand,
2768	industry-driven competencies for advanced technology and related
2769	programs, and resources available to support continuation. The
2770	results of the program reviews must be tied to the university
2771	and community college budget requests.
2772	(4)(7)  The State Board of Education shall:
2773	(a)  Provide for each community college to offer
2774	educational training and service programs designed to meet the
2775	needs of both students and the communities served.
2776	(b)  Specify, by rule, procedures to be used by the
2777	community college boards of trustees in the annual evaluations
2778	of presidents and review the evaluations of presidents by the
2779	boards of trustees.
2780	(c)  Establish, in conjunction with the Board of Governors,
2781	an effective information system that will provide composite data
2782	concerning the community colleges and state universities and
2783	ensure that special analyses and studies concerning the
2784	institutions are conducted, as necessary, for provision of
2785	accurate and cost-effective information concerning the
2786	institutions.
2787	(d)  Establish criteria for making recommendations for
2788	modifying district boundary lines for community colleges.
2789	(e)  Establish criteria for making recommendations
2790	concerning all proposals for the establishment of additional
2791	centers or campuses for community colleges and state
2792	universities.
2793	(f)  Examine the annual administrative review of each
2794	community college and state university.
2795	(g)  Specify, by rule, the college-credit degree program
2796	courses that may be taken by community college students
2797	concurrently enrolled in college-preparatory instruction.
2798	(h)  Adopt and submit to the Legislature a 3-year list of
2799	priorities for fixed-capital-outlay projects.
2800	(5)(8)  The State Board of Education is responsible for
2801	reviewing and administering the state program of support for the
2802	community colleges and, subject to existing law, shall establish
2803	the tuition and out-of-state fees for college-preparatory
2804	instruction and for credit instruction that may be counted
2805	toward an associate in arts degree, an associate in applied
2806	science degree, or an associate in science degree.
2807	(6)(9)  The State Board of Education shall prescribe
2808	minimum standards, definitions, and guidelines for community
2809	colleges and state universities that will ensure the quality of
2810	education, coordination among the community colleges and state
2811	universities, and efficient progress toward accomplishing the
2812	community college and state university mission. At a minimum,
2813	these rules must address:
2814	(a)  Personnel.
2815	(b)  Contracting.
2816	(c)  Program offerings and classification, including
2817	college-level communication and computation skills associated
2818	with successful performance in college and with tests and other
2819	assessment procedures that measure student achievement of those
2820	skills. The performance measures must provide that students
2821	moving from one level of education to the next acquire the
2822	necessary competencies for that level.
2823	(d)  Provisions for curriculum development, graduation
2824	requirements, college calendars, and program service areas.
2825	These provisions must include rules that:
2826	1.  Provide for the award of an associate in arts degree to
2827	a student who successfully completes 60 semester credit hours at
2828	the community college.
2829	2.  Require all of the credits accepted for the associate
2830	in arts degree to be in the statewide course numbering system as
2831	credits toward a baccalaureate degree offered by a state
2832	university or a community college.
2833	3.  Require no more than 36 semester credit hours in
2834	general education courses in the subject areas of communication,
2835	mathematics, social sciences, humanities, and natural sciences.
2836
2837	The rules should encourage community colleges to enter into
2838	agreements with state universities that allow community college
2839	students to complete upper-division-level courses at a community
2840	college. An agreement may provide for concurrent enrollment at
2841	the community college and the state university and may authorize
2842	the community college to offer an upper-division-level course or
2843	distance learning.
2844	(e)  Student admissions, conduct and discipline,
2845	nonclassroom activities, and fees.
2846	(f)  Budgeting.
2847	(g)  Business and financial matters.
2848	(h)  Student services.
2849	(i)  Reports, surveys, and information systems, including
2850	forms and dates of submission.
2851	Section 67.  Subsections (8), (9), (10), and (13) of
2852	section 1001.03, Florida Statutes, are amended to read:
2853	1001.03  Specific powers of State Board of Education.--
2854	(8)  SYSTEMWIDE ENFORCEMENT.--Except as otherwise provided
2855	by law, the State Board of Education shall enforce compliance
2856	with law and state board rule by all school districts and public
2857	postsecondary educational institutions, in accordance with the
2858	provisions of s. 1008.32.
2859	(9)  MANAGEMENT INFORMATION DATABASES.--To facilitate
2860	oversight by the Legislature of the expenditure of public funds,
2861	the State Board of Education, in conjunction with the Board of
2862	Governors, shall continue to collect and maintain, at a minimum,
2863	the management information databases for state universities, and
2864	all other components of the public K-20 education system as such
2865	databases existed on June 30, 2002.
2866	(10)  COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
2867	EDUCATION.--The State Board of Education, in conjunction with
2868	the Board of Governors, shall develop and implement a common
2869	placement test to assess the basic computation and communication
2870	skills of students who intend to enter a degree program at any
2871	community college or state university.
2872	(13)  CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
2873	PROGRAMS.--The State Board of Education shall provide for the
2874	cyclic review of all academic programs in community colleges and
2875	state universities at least every 7 years. Program reviews shall
2876	document how individual academic programs are achieving stated
2877	student learning and program objectives within the context of
2878	the institution's mission. The results of the program reviews
2879	shall inform strategic planning, program development, and
2880	budgeting decisions at the institutional level.
2881	Section 68.  Section 1001.10, Florida Statutes, is amended
2882	to read:
2883	1001.10  Commissioner of Education; general powers and
2884	duties.--
2885	(1)  The Commissioner of Education is the chief educational
2886	officer of the state, and is responsible for giving full
2887	assistance to the State Board of Education in enforcing
2888	compliance with the mission and goals of the seamless K-20
2889	education system.
2890	(2)  The commissioner's office shall operate all statewide
2891	functions necessary to support the State Board of Education,
2892	including strategic planning and budget development, general
2893	administration, assessment, and accountability.
2894	(3)  To facilitate innovative practices and to allow local
2895	selection of educational methods, the State Board of Education
2896	may authorize the commissioner to waive, upon the request of a
2897	district school board, State Board of Education rules that
2898	relate to district school instruction and school operations,
2899	except those rules pertaining to civil rights, and student
2900	health, safety, and welfare. The Commissioner of Education is
2901	not authorized to grant waivers for any provisions in rule
2902	pertaining to the allocation and appropriation of state and
2903	local funds for public education; the election, compensation,
2904	and organization of school board members and superintendents;
2905	graduation and state accountability standards; financial
2906	reporting requirements; reporting of out-of-field teaching
2907	assignments under s. 1012.42; public meetings; public records;
2908	or due process hearings governed by chapter 120. No later than
2909	January 1 of each year, the commissioner shall report to the
2910	Legislature and the State Board of Education all approved waiver
2911	requests in the preceding year.
2912	(4)  Additionally, the commissioner has the following
2913	general powers and duties:
2914	(a)(1)  To appoint staff necessary to carry out his or her
2915	powers and duties.
2916	(b)(2)  To advise and counsel with the State Board of
2917	Education on all matters pertaining to education; to recommend
2918	to the State Board of Education actions and policies as, in the
2919	commissioner's opinion, should be acted upon or adopted; and to
2920	execute or provide for the execution of all acts and policies as
2921	are approved.
2922	(c)(3)  To keep such records as are necessary to set forth
2923	clearly all acts and proceedings of the State Board of
2924	Education.
2925	(d)(4)  To have a seal for his or her office with which, in
2926	connection with his or her own signature, the commissioner shall
2927	authenticate true copies of decisions, acts, or documents.
2928	(e)(5)  To recommend to the State Board of Education
2929	policies and steps designed to protect and preserve the
2930	principal of the State School Fund; to provide an assured and
2931	stable income from the fund; to execute such policies and
2932	actions as are approved; and to administer the State School
2933	Fund.
2934	(f)(6)  To take action on the release of mineral rights
2935	based upon the recommendations of the Board of Trustees of the
2936	Internal Improvement Trust Fund.
2937	(g)(7)  To submit to the State Board of Education, on or
2938	before October 1 August 1 of each year, recommendations for a
2939	coordinated K-20 education budget that estimates the
2940	expenditures for the Board of Governors, the State Board of
2941	Education, including the Department of Education and, the
2942	Commissioner of Education, and all of the boards, institutions,
2943	agencies, and services under the general supervision of the
2944	Board of Governors or the State Board of Education for the
2945	ensuing fiscal year. Any program recommended to the State Board
2946	of Education that will require increases in state funding for
2947	more than 1 year must be presented in a multiyear budget plan.
2948	(h)(8)  To develop and implement a plan for cooperating
2949	with the Federal Government in carrying out any or all phases of
2950	the educational program and to recommend policies for
2951	administering funds that are appropriated by Congress and
2952	apportioned to the state for any or all educational purposes.
2953	(i)(9)  To develop and implement policies for cooperating
2954	with other public agencies in carrying out those phases of the
2955	program in which such cooperation is required by law or is
2956	deemed by the commissioner to be desirable and to cooperate with
2957	public and nonpublic agencies in planning and bringing about
2958	improvements in the educational program.
2959	(j)(10)  To prepare forms and procedures as are necessary
2960	to be used by district school boards and all other educational
2961	agencies to assure uniformity, accuracy, and efficiency in the
2962	keeping of records, the execution of contracts, the preparation
2963	of budgets, or the submission of reports; and to furnish at
2964	state expense, when deemed advisable by the commissioner, those
2965	forms that can more economically and efficiently be provided.
2966	(k)(11)  To implement a program of school improvement and
2967	education accountability designed to provide all students the
2968	opportunity to make adequate learning gains in each year of
2969	school as provided by statute and State Board of Education rule
2970	based upon the achievement of the state education goals,
2971	recognizing the following:
2972	(a)  The State Board of Education is the body corporate
2973	responsible for the supervision of the system of public
2974	education.
2975	1.(b)  The district school board is responsible for school
2976	and student performance.
2977	2.(c)  The individual school is the unit for education
2978	accountability.
2979	3.(d)  The community college board of trustees is
2980	responsible for community college performance and student
2981	performance.
2982	(e)  The university board of trustees is responsible for
2983	university performance and student performance.
2984	(l)(12)  To maintain establish a Citizen Information Center
2985	responsible for the preparation, publication, and dissemination
2986	distribution of user-friendly materials relating to the state's
2987	state system of seamless K-20 public education system, including
2988	the state's K-12 scholarship programs and the Voluntary
2989	Prekindergarten Education Program.
2990	(m)(13)  To prepare and publish annually reports giving
2991	statistics and other useful information pertaining to the
2992	state's K-12 scholarship programs and the Voluntary
2993	Prekindergarten Education Program Opportunity Scholarship
2994	Program.
2995	(n)(14)  To have printed or electronic copies of school
2996	laws, forms, instruments, instructions, and rules of the State
2997	Board of Education and provide for their distribution.
2998	(o)(15)  To develop criteria for use by state instructional
2999	materials committees in evaluating materials submitted for
3000	adoption consideration. The criteria shall, as appropriate, be
3001	based on instructional expectations reflected in curriculum
3002	frameworks and student performance standards. The criteria for
3003	each subject or course shall be made available to publishers of
3004	instructional materials pursuant to the requirements of chapter
3005	1006.
3006	(p)(16)  To prescribe procedures for evaluating
3007	instructional materials submitted by publishers and
3008	manufacturers in each adoption.
3009
3010	The commissioner's office shall operate all statewide functions
3011	necessary to support the State Board of Education and the K-20
3012	education system, including strategic planning and budget
3013	development, general administration, and assessment and
3014	accountability.
3015	Section 69.  Subsection (2) of section 1001.11, Florida
3016	Statutes, is amended to read:
3017	1001.11  Commissioner of Education; other duties.--
3018	(2)(a)  The Commissioner of Education shall annually report
3019	the state's educational performance on state and national
3020	measures and shall recommend to the State Board of Education
3021	performance goals addressing the educational needs of the state
3022	for the K-20 education system. The Council for Education Policy
3023	Research and Improvement, as an independent entity, shall
3024	develop a report card assigning grades to indicate Florida's
3025	progress toward meeting those goals. The annual report card
3026	shall contain information showing Florida's performance relative
3027	to other states on selected measures, as well as Florida's
3028	ability to meet the need for postsecondary degrees and programs
3029	and how well the Legislature has provided resources to meet this
3030	need. The information shall include the results of the National
3031	Assessment of Educational Progress or a similar national
3032	assessment program administered to students in Florida. By
3033	January 1 of each year, the Council for Education Policy
3034	Research and Improvement shall submit the report card to the
3035	Legislature, the Governor, and the public.
3036	(b)  Prior to the regular legislative session, the
3037	Commissioner of Education shall present to the Legislature a
3038	plan for correcting any deficiencies identified in the report
3039	card.
3040	Section 70.  Paragraph (e) of subsection (4) of section
3041	1001.20, Florida Statutes, is amended to read:
3042	1001.20  Department under direction of state board.--
3043	(4)  The Department of Education shall establish the
3044	following offices within the Office of the Commissioner of
3045	Education which shall coordinate their activities with all other
3046	divisions and offices:
3047	(e)  Office of Inspector General.--Organized using existing
3048	resources and funds and responsible for promoting
3049	accountability, efficiency, and effectiveness and detecting
3050	fraud and abuse within school districts, the Florida School for
3051	the Deaf and the Blind , community colleges, and state
3052	universities in Florida. If the Commissioner of Education
3053	determines that a district school board, the Board of Trustees
3054	for the Florida School for the Deaf and the Blind, or a
3055	community college public postsecondary educational institution
3056	board of trustees is unwilling or unable to address
3057	substantiated allegations made by any person relating to waste,
3058	fraud, or financial mismanagement within the school district,
3059	the Florida School for the Deaf and the Blind, or the community
3060	college, the office shall conduct, coordinate, or request
3061	investigations into such substantiated allegations made by any
3062	person relating to waste, fraud, or financial mismanagement
3063	within school districts, the Florida School for the Deaf and the
3064	Blind , community colleges, and state universities in Florida.
3065	If the Chancellor of the State University System determines that
3066	a state university board of trustees is unwilling or unable to
3067	address substantiated allegations made by any person relating to
3068	waste, fraud, or financial mismanagement within the state
3069	university, the office shall conduct, coordinate, or request
3070	investigations into such substantiated allegations. The office
3071	shall have access to all information and personnel necessary to
3072	perform its duties and shall have all of its current powers,
3073	duties, and responsibilities authorized in s. 20.055.
3074	Section 71.  Paragraph (b) of subsection (2) of section
3075	1001.25, Florida Statutes, is amended to read:
3076	1001.25  Educational television.--
3077	(2)  POWERS OF DEPARTMENT.--
3078	(b)  The department shall provide through educational
3079	television and other electronic media a means of extending
3080	educational services to all the state system of public
3081	education, except the state universities, which provision by the
3082	department is limited by paragraph (c) and by s. 1001.26(1)
3083	1006.26(1). The department shall recommend to the State Board of
3084	Education rules necessary to provide such services.
3085	Section 72.  Section 1001.28, Florida Statutes, is amended
3086	to read:
3087	1001.28  Distance learning duties.--The duties of the
3088	Department of Education concerning distance learning include,
3089	but are not limited to, the duty to:
3090	(1)  Facilitate the implementation of a statewide
3091	coordinated system and resource system for cost-efficient
3092	advanced telecommunications services and distance education
3093	which will increase overall student access to education.
3094	(2)  Coordinate the use of existing resources, including,
3095	but not limited to, the state's satellite transponders on the
3096	education satellites, the SUNCOM Network, the Florida
3097	Information Resource Network (FIRN), the Department of
3098	Management Services, the Department of Corrections, and the
3099	Department of Children and Family Services' satellite
3100	communication facilities to support a statewide advanced
3101	telecommunications services and distance learning network.
3102	(3)  Assist in the coordination of the utilization of the
3103	production and uplink capabilities available through Florida's
3104	public television stations, eligible facilities, independent
3105	colleges and universities, private firms, and others as needed.
3106	(4)  Seek the assistance and cooperation of Florida's cable
3107	television providers in the implementation of the statewide
3108	advanced telecommunications services and distance learning
3109	network.
3110	(5)  Seek the assistance and cooperation of Florida's
3111	telecommunications carriers to provide affordable student access
3112	to advanced telecommunications services and to distance
3113	learning.
3114	(6)  Coordinate partnerships for development, acquisition,
3115	use, and distribution of distance learning.
3116	(7)  Secure and administer funding for programs and
3117	activities for distance learning from federal, state, local, and
3118	private sources and from fees derived from services and
3119	materials.
3120	(8)  Manage the state's satellite transponder resources and
3121	enter into lease agreements to maximize the use of available
3122	transponder time. All net revenue realized through the leasing
3123	of available transponder time, after deducting the costs of
3124	performing the management function, shall be recycled to support
3125	the public education distance learning in this state based upon
3126	an allocation formula of one-third to the Department of
3127	Education, one-third to community colleges, and one-third to
3128	state universities.
3129	(9)  Hire appropriate staff which may include a position
3130	that shall be exempt from part II of chapter 110 and is included
3131	in the Senior Management Service in accordance with s. 110.205.
3132
3133	Nothing in this section shall be construed to abrogate,
3134	supersede, alter, or amend the powers and duties of any state
3135	agency, district school board, community college board of
3136	trustees, university board of trustees, the Board of Governors,
3137	or the State Board of Education.
3138	Section 73.  Subsection (17) of section 1001.64, Florida
3139	Statutes, is amended to read:
3140	1001.64  Community college boards of trustees; powers and
3141	duties.--
3142	(17)  Each board of trustees is accountable for performance
3143	in certificate career education and diploma programs pursuant to
3144	s. 1008.43 1008.44.
3145	Section 74.  Section 1001.70, Florida Statutes, is amended
3146	to read:
3147	1001.70  Board of Governors of the State University
3148	System.--
3149	(1)  Pursuant to s. 7(d), Art. IX of the State
3150	Constitution, the Board of Governors is established as a body
3151	corporate comprised of 17 members as follows: 14 citizen members
3152	appointed by the Governor subject to confirmation by the Senate;
3153	the Commissioner of Education; the chair of the advisory council
3154	of faculty senates or the equivalent; and the president of the
3155	Florida student association or the equivalent. The appointed
3156	members shall serve staggered 7-year terms. In order to achieve
3157	staggered terms, beginning July 1, 2003, of the initial
3158	appointments, 4 members shall serve 2-year terms, 5 members
3159	shall serve 3-year terms, and 5 members shall serve 7-year
3160	terms.
3161	(2)  Members of the Board of Governors shall receive no
3162	compensation but may be reimbursed for travel and per diem
3163	expenses as provided in s. 112.061.
3164	(3)  The Board of Governors, in exercising its authority
3165	under the State Constitution and statutes, shall exercise its
3166	authority in a manner that supports, promotes, and enhances a K-
3167	20 education system that provides affordable access to
3168	postsecondary educational opportunities for residents of the
3169	state to the extent authorized by the State Constitution and
3170	state law.
3171	Section 75.  Section 1001.706, Florida Statutes, is created
3172	to read:
3173	1001.706  Powers and duties of the Board of Governors.--
3174	(1)  GENERAL PROVISIONS.--
3175	(a)  For each constituent university, the Board of
3176	Governors, or the board's designee, shall be responsible for
3177	cost-effective policy decisions appropriate to the university's
3178	mission, the implementation and maintenance of high-quality
3179	education programs within law, the measurement of performance,
3180	the reporting of information, and the provision of input
3181	regarding state policy, budgeting, and education standards.
3182	(b)  The Board of Governors shall adopt rules pursuant to
3183	chapter 120 when acting pursuant to statutory authority derived
3184	from the Legislature. The Board of Governors may adopt rules
3185	pursuant to chapter 120 when exercising the powers, duties, and
3186	authority granted by s. 7, Art. IX of the State Constitution.
3187	(2)  POWERS AND DUTIES RELATING TO ORGANIZATION AND
3188	OPERATION OF STATE UNIVERSITIES.--
3189	(a)  The Board of Governors, or the board's designee, shall
3190	develop guidelines and procedures related to data and
3191	technology, including information systems, communications
3192	systems, computer hardware and software, and networks.
3193	(b)  The Board of Governors shall develop guidelines
3194	relating to divisions of sponsored research, pursuant to the
3195	provisions of s. 1004.22, to serve the function of
3196	administration and promotion of the programs of research.
3197	(c)  The Board of Governors shall prescribe conditions for
3198	direct-support organizations and university health services
3199	support organizations to be certified and to use university
3200	property and services. Conditions relating to certification must
3201	provide for audit review and oversight by the Board of
3202	Governors.
3203	(d)  The Board of Governors shall develop guidelines for
3204	supervising faculty practice plans for the academic health
3205	science centers.
3206	(e)  The Board of Governors shall ensure that students at
3207	state universities have access to general education courses.
3208	(f)  The Board of Governors shall approve baccalaureate
3209	degree programs that require more than 120 semester credit hours
3210	of coursework prior to such programs being offered by a state
3211	university. At least half of the required coursework for any
3212	baccalaureate degree must be offered at the lower-division
3213	level, except in program areas approved by the Board of
3214	Governors.
3215	(g)  The Board of Governors, or the board's designee, shall
3216	adopt a written antihazing policy, appropriate penalties for
3217	violations of such policy, and a program for enforcing such
3218	policy.
3219	(h)  The Board of Governors, or the board's designee, may
3220	establish a uniform code of conduct and appropriate penalties
3221	for violations of its rules by students and student
3222	organizations, including rules governing student academic
3223	honesty. Such penalties, unless otherwise provided by law, may
3224	include reasonable fines, the withholding of diplomas or
3225	transcripts pending compliance with rules or payment of fines,
3226	and the imposition of probation, suspension, or dismissal.
3227	(3)  POWERS AND DUTIES RELATING TO FINANCE.--
3228	(a)  The Board of Governors, or the board's designee, shall
3229	account for expenditures of all state, local, federal, and other
3230	funds. Such accounting systems shall have appropriate audit and
3231	internal controls in place that will enable the constituent
3232	universities to satisfactorily and timely perform all accounting
3233	and reporting functions required by state and federal law and
3234	rules.
3235	(b)  The Board of Governors shall prepare the legislative
3236	budget requests for the State University System, including a
3237	request for fixed capital outlay, and submit them to the State
3238	Board of Education for inclusion in the K-20 legislative budget
3239	request. The Board of Governors shall provide the state
3240	universities with fiscal policy guidelines, formats, and
3241	instruction for the development of individual university budget
3242	requests.
3243	(c)  The Board of Governors, or the board's designee, shall
3244	establish tuition and fees pursuant to ss. 1009.24 and 1009.26.
3245	(d)  The Board of Governors, or the board's designee, is
3246	authorized to secure comprehensive general liability insurance
3247	pursuant to s. 1004.24.
3248	(4)  POWERS AND DUTIES RELATING TO ACCOUNTABILITY.--
3249	(a)  The Board of Governors shall develop a strategic plan
3250	specifying goals and objectives for the State University System
3251	and each constituent university.
3252	(b)  The Board of Governors shall develop an accountability
3253	plan for the State University System and each constituent
3254	university.
3255	(c)  The Board of Governors shall maintain an effective
3256	information system to provide accurate, timely, and cost-
3257	effective information about each university. The board shall
3258	continue to collect and maintain, at a minimum, the management
3259	information databases as such databases existed on June 30,
3260	2002.
3261	(5)  POWERS AND DUTIES RELATING TO PERSONNEL.--
3262	(a)  The Board of Governors, or the board's designee, shall
3263	establish the personnel program for all employees of a state
3264	university, including the president.
3265	(b)  The Department of Management Services shall retain
3266	authority over state university employees for programs
3267	established in ss. 110.123, 110.161, 110.1232, 110.1234, and
3268	110.1238 and in chapters 121, 122, and 238. Unless specifically
3269	authorized by law, neither the Board of Governors nor a state
3270	university may offer group insurance programs for employees as a
3271	substitute for or as an alternative to the health insurance
3272	programs offered pursuant to chapter 110.
3273	(c)  Except as otherwise provided by law, university
3274	employees are public employees for purposes of chapter 112 and
3275	any payment for travel and per diem expenses shall not exceed
3276	the level specified in s. 112.061.
3277	(6)  POWERS AND DUTIES RELATING TO PROPERTY.--
3278	(a)  The Board of Governors shall develop guidelines for
3279	university boards of trustees relating to the acquisition of
3280	real and personal property and the sale and disposal thereof and
3281	the approval and execution of contracts for the purchase, sale,
3282	lease, license, or acquisition of commodities, goods, equipment,
3283	contractual services, leases of real and personal property, and
3284	construction. The acquisition may include purchase by
3285	installment or lease-purchase. Such contracts may provide for
3286	payment of interest on the unpaid portion of the purchase price.
3287	Title to all real property acquired prior to January 7, 2003,
3288	and to all real property acquired with funds appropriated by the
3289	Legislature shall be vested in the Board of Trustees of the
3290	Internal Improvement Trust Fund and shall be transferred and
3291	conveyed by it. Notwithstanding any other provisions of this
3292	subsection, each board of trustees shall comply with the
3293	provisions of s. 287.055 for the procurement of professional
3294	services as defined therein. Any acquisition pursuant to this
3295	paragraph is subject to the provisions of s. 1010.62.
3296	(b)  The Board of Governors shall develop guidelines for
3297	university boards of trustees relating to the use, maintenance,
3298	protection, and control of university-owned or university-
3299	controlled buildings and grounds, property and equipment, name,
3300	trademarks and other proprietary marks, and the financial and
3301	other resources of the university. Such authority may include
3302	placing restrictions on activities and on access to facilities,
3303	firearms, food, tobacco, alcoholic beverages, distribution of
3304	printed materials, commercial solicitation, animals, and sound.
3305	The authority provided the board of trustees in this subsection
3306	includes the prioritization of the use of space, property,
3307	equipment, and resources and the imposition of charges for those
3308	items.
3309	(c)  The Board of Governors, or the board's designee, shall
3310	administer a program for the maintenance and construction of
3311	facilities pursuant to chapter 1013.
3312	(d)  The Board of Governors, or the board's designee, shall
3313	ensure compliance with the provisions of s. 287.09451 for all
3314	procurement and ss. 255.101 and 255.102 for construction
3315	contracts, and rules adopted pursuant thereto, relating to the
3316	utilization of minority business enterprises, except that
3317	procurements costing less than the amount provided for in
3318	CATEGORY FIVE as provided in s. 287.017 shall not be subject to
3319	s. 287.09451.
3320	(e)  Notwithstanding the provisions of s. 253.025 but
3321	subject to the provisions of s. 1010.62, the Board of Governors,
3322	or the board's designee, may, with the consent of the Board of
3323	Trustees of the Internal Improvement Trust Fund, sell, convey,
3324	transfer, exchange, trade, or purchase real property and related
3325	improvements necessary and desirable to serve the needs and
3326	purposes of the university.
3327	1.  The Board of Governors, or the board's designee, may
3328	secure appraisals and surveys. The Board of Governors, or the
3329	board's designee, shall comply with the rules of the Board of
3330	Trustees of the Internal Improvement Trust Fund in securing
3331	appraisals. Whenever the Board of Governors, or the board's
3332	designee, finds it necessary for timely property acquisition, it
3333	may contract, without the need for competitive selection, with
3334	one or more appraisers whose names are contained on the list of
3335	approved appraisers maintained by the Division of State Lands in
3336	the Department of Environmental Protection.
3337	2.  The Board of Governors, or the board's designee, may
3338	negotiate and enter into an option contract before an appraisal
3339	is obtained. The option contract must state that the final
3340	purchase price may not exceed the maximum value allowed by law.
3341	The consideration for such an option contract may not exceed 10
3342	percent of the estimate obtained by the Board of Governors, or
3343	the board's designee, or 10 percent of the value of the parcel,
3344	whichever is greater, unless otherwise authorized by the Board
3345	of Governors or the board's designee.
3346	3.  This paragraph is not intended to abrogate in any
3347	manner the authority delegated to the Board of Trustees of the
3348	Internal Improvement Trust Fund or the Division of State Lands
3349	to approve a contract for purchase of state lands or to require
3350	policies and procedures to obtain clear legal title to parcels
3351	purchased for state purposes. Title to property acquired by a
3352	university board of trustees prior to January 7, 2003, and to
3353	property acquired with funds appropriated by the Legislature
3354	shall vest in the Board of Trustees of the Internal Improvement
3355	Trust Fund.
3356	(f)  The Board of Governors, or the board's designee, shall
3357	prepare and adopt a campus master plan pursuant to s. 1013.30.
3358	(g)  The Board of Governors, or the board's designee, shall
3359	prepare, adopt, and execute a campus development agreement
3360	pursuant to s. 1013.30.
3361	(h)  Notwithstanding the provisions of s. 216.351, the
3362	Board of Governors, or the board's designee, may authorize the
3363	rent or lease of parking facilities provided that such
3364	facilities are funded through parking fees or parking fines
3365	imposed by a university. The Board of Governors, or the board's
3366	designee, may authorize a university board of trustees to charge
3367	fees for parking at such rented or leased parking facilities.
3368	(i)  Notwithstanding the provisions of s. 267.062, the
3369	Board of Governors may approve a request from a university board
3370	of trustees to name a state building, road, bridge, park,
3371	recreational complex, or similar facility on the campus of a
3372	state university for a living person. The Board of Governors
3373	shall develop minimum criteria to be used in evaluating such
3374	requests, including, but not limited to, significant
3375	contributions by the person or persons being honored to the
3376	institution, the community, and the state.
3377	(7)  COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND
3378	REQUIREMENTS.--The Board of Governors has responsibility for
3379	compliance with state and federal laws, rules, regulations, and
3380	requirements.
3381	(8)  COOPERATION WITH OTHER BOARDS.--The Board of Governors
3382	shall implement a plan for working on a regular basis with the
3383	State Board of Education, the Commission for Independent
3384	Education, the university boards of trustees, representatives of
3385	the community college boards of trustees, representatives of the
3386	private colleges and universities, and representatives of the
3387	district school boards to achieve a seamless education system.
3388	Section 76.  Subsections (3) and (4) of section 1001.71,
3389	Florida Statutes, are amended to read:
3390	1001.71  University boards of trustees; membership.--
3391	(3)  In accordance with s. 3, Art. II of the State
3392	Constitution, university boards of trustees are a part of the
3393	executive branch of state government. Each board of trustees
3394	shall select its chair and vice chair from the appointed members
3395	at its first regular meeting after July 1. The chair shall serve
3396	for 2 years and may be reselected for one additional consecutive
3397	term. The duties of the chair shall include presiding at all
3398	meetings of the board of trustees, calling special meetings of
3399	the board of trustees, and attesting to actions of the board of
3400	trustees. The duty of the vice chair is to act as chair during
3401	the absence or disability of the chair.
3402	(4)  The university president shall serve as executive
3403	officer and corporate secretary of the board of trustees and
3404	shall be responsible to the board of trustees for all operations
3405	of the university and for setting the agenda for meetings of the
3406	board of trustees in consultation with the chair.
3407	Section 77.  Subsections (2) and (4) of section 1001.73,
3408	Florida Statutes, are amended to read:
3409	1001.73  University board empowered to act as trustee.--
3410	(2)  Deeds, mortgages, leases, and other contracts of the
3411	university board of trustees relating to real property of any
3412	such trust or any interest therein may be executed by the
3413	university board of trustees, as trustee, in the same manner as
3414	is provided by the laws of the state for the execution of
3415	similar documents by other corporations or may be executed by
3416	the signatures of a majority of the members of the board of
3417	trustees; however, to be effective, any such deed, mortgage, or
3418	lease contract for more than 10 years of any trust property,
3419	executed hereafter by the university board of trustees, shall be
3420	approved by a resolution of the Board of Governors State Board
3421	of Education; and such approving resolution may be evidenced by
3422	the signature of either the chair or the secretary of the Board
3423	of Governors State Board of Education to an endorsement on the
3424	instrument approved, reciting the date of such approval, and
3425	bearing the seal of the Board of Governors State Board of
3426	Education. Such signed and sealed endorsement shall be a part of
3427	the instrument and entitled to record without further proof.
3428	(4)  Nothing herein shall be construed to authorize a
3429	university board of trustees to contract a debt on behalf of, or
3430	in any way to obligate, the state; and the satisfaction of any
3431	debt or obligation incurred by the university board as trustee
3432	under the provisions of this section shall be exclusively from
3433	the trust property, mortgaged or encumbered; and nothing herein
3434	shall in any manner affect or relate to the provisions of ss.
3435	1010.61-1010.619 or s. 1013.78; and any mortgage, lease, or
3436	other agreement entered into pursuant to this section is subject
3437	to the provisions of s. 1010.62.
3438	Section 78.  Section 1001.74, Florida Statutes, is amended
3439	to read:
3440	(Substantial rewording of section. See s. 1001.74, F.S.,
3441	for present text.)
3442	1001.74  Powers and duties of university boards of
3443	trustees.--
3444	(1)  GENERAL PROVISIONS.--
3445	(a)  Pursuant to s. 7(c), Art. IX of the State Constitution
3446	and except as otherwise provided by law, the Board of Governors
3447	shall establish the powers and duties of the university boards
3448	of trustees.
3449	(b)  To the extent delegated by the Board of Governors
3450	pursuant to s. 1001.706, the boards of trustees shall be
3451	responsible for cost-effective policy decisions appropriate to
3452	the university's mission, the implementation and maintenance of
3453	high-quality education programs within law and guidelines of the
3454	Board of Governors, the measurement of performance, the
3455	reporting of information, and the provision of input regarding
3456	state policy, budgeting, and education standards.
3457	(c)  Each board of trustees is vested with the authority to
3458	govern its university as necessary to provide proper governance
3459	and improvement of the university in accordance with law and
3460	with guidelines of the Board of Governors.
3461	(d)  Each board of trustees shall perform all duties
3462	assigned by law or by the Board of Governors.
3463	(e)  A board of trustees shall have the power to take
3464	action without a recommendation from the president and shall
3465	have the power to require the president to deliver to the board
3466	of trustees all data and information required by the board of
3467	trustees in the performance of its duties.
3468	(f)  Each board of trustees shall adopt rules pursuant to
3469	chapter 120 when acting pursuant to statutory authority derived
3470	from the Legislature. Each board of trustees may adopt rules
3471	pursuant to chapter 120 when exercising the powers, duties, and
3472	authority granted by s. 7, Art. IX of the State Constitution.
3473	(2)  POWERS AND DUTIES RELATING TO ORGANIZATION AND
3474	OPERATION OF STATE UNIVERSITIES.--
3475	(a)  Each board of trustees constitutes the contracting
3476	agent of the university. Each university shall comply with the
3477	provisions of s. 287.055 for the procurement of professional
3478	services and may approve and execute all contracts for planning,
3479	construction, and equipment. For the purpose of a university's
3480	contracting authority, a "continuing contract" for professional
3481	services under the provisions of s. 287.055 is one in which
3482	construction costs do not exceed $1 million or the fee for study
3483	activity does not exceed $100,000. Contracts executed pursuant
3484	to this paragraph are subject to the requirements of s. 1010.62.
3485	(b)  Each board of trustees shall submit to the Board of
3486	Governors, for approval, all new campuses and instructional
3487	centers.
3488	(c)  Each board of trustees has responsibility for
3489	requiring no more than 120 semester hours of coursework for
3490	baccalaureate degree programs unless approved by the Board of
3491	Governors. At least half of the required coursework for any
3492	baccalaureate degree must be offered at the lower-division
3493	level, except in program areas approved by the Board of
3494	Governors.
3495	(d)  Each board of trustees has responsibility for ensuring
3496	that students have access to general education courses as
3497	identified by the university.
3498	(e)  To the extent delegated by the Board of Governors
3499	pursuant to s. 1001.706, each board of trustees shall adopt a
3500	written antihazing policy, appropriate penalties for violations
3501	of such policy, and a program for enforcing such policy.
3502	(f)  To the extent delegated by the Board of Governors
3503	pursuant to s. 1001.706, each board of trustees may establish a
3504	uniform code of conduct and appropriate penalties for violations
3505	of its rules by students and student organizations, including
3506	rules governing student academic honesty. Such penalties, unless
3507	otherwise provided by law, may include reasonable fines, the
3508	withholding of diplomas or transcripts pending compliance with
3509	rules or payment of fines, and the imposition of probation,
3510	suspension, or dismissal.
3511	(g)  Each board of trustees is authorized to create
3512	divisions of sponsored research pursuant to the provisions of s.
3513	1004.22 and guidelines of the Board of Governors to serve the
3514	function of administration and promotion of the programs of
3515	research.
3516	(h)  Each board of trustees may develop and produce work
3517	products relating to educational endeavors that are subject to
3518	trademark, copyright, or patent statutes pursuant to s. 1004.23.
3519	(i)  To the extent delegated by the Board of Governors
3520	pursuant to s. 1001.706, each board of trustees shall develop
3521	guidelines and procedures related to data and technology,
3522	including information systems, communications systems, computer
3523	hardware and software, and networks.
3524	(j)  Each board of trustees may govern traffic on its
3525	campus pursuant to s. 1006.66.
3526	(k)  A board of trustees has responsibility for supervising
3527	faculty practice plans for the academic health science centers
3528	pursuant to guidelines of the Board of Governors.
3529	(l)  Each board of trustees may certify direct-support
3530	organizations and university health services support
3531	organizations to use university property and services in
3532	accordance with guidelines of the Board of Governors.
3533	(m)  Each board of trustees may establish educational
3534	research centers for child development pursuant to s. 1011.48.
3535	(3)  POWERS AND DUTIES RELATING TO FINANCE.--
3536	(a)  To the extent delegated by the Board of Governors
3537	pursuant to s. 1001.706, each board of trustees shall account
3538	for expenditures of all state, local, federal, and other funds.
3539	Such accounting systems shall have appropriate audit and
3540	internal controls in place that will enable the university to
3541	satisfactorily and timely perform all accounting and reporting
3542	functions required by state and federal law and rules.
3543	(b)  Each board of trustees shall submit an institutional
3544	budget request, including a request for fixed capital outlay,
3545	and an operating budget to the Board of Governors for approval
3546	in accordance with guidelines established by the Board of
3547	Governors.
3548	(c)  To the extent delegated by the Board of Governors
3549	pursuant to s. 1001.706, each board of trustees shall establish
3550	tuition and fees pursuant to ss. 1009.24 and 1009.26.
3551	(d)  To the extent delegated by the Board of Governors
3552	pursuant to s. 1001.706, each board of trustees is authorized to
3553	secure comprehensive general liability insurance pursuant to s.
3554	1004.24.
3555	(e)  Each board of trustees may provide for payment of the
3556	costs of civil actions against officers, employees, or agents of
3557	the board pursuant to s. 1012.965.
3558	(f)  Each board of trustees may enter into agreements for,
3559	and accept, credit card payments as compensation for goods,
3560	services, tuition, and fees.
3561	(4)  POWERS AND DUTIES RELATING TO ACCOUNTABILITY.--
3562	(a)  Each board of trustees shall develop a strategic plan
3563	specifying institutional goals and objectives for the university
3564	for recommendation to and approval by the Board of Governors.
3565	(b)  Each board of trustees shall develop an accountability
3566	plan pursuant to guidelines established by the Board of
3567	Governors.
3568	(c)  Each board of trustees shall maintain an effective
3569	information system to provide accurate, timely, and cost-
3570	effective information about the university pursuant to
3571	guidelines of the Board of Governors.
3572	(5)  POWERS AND DUTIES RELATING TO PERSONNEL.--
3573	(a)  To the extent delegated by the Board of Governors
3574	pursuant to s. 1001.706, each board of trustees shall establish
3575	the personnel program for all employees of the university,
3576	including the president.
3577	(b)  The Department of Management Services shall retain
3578	authority over state university employees for programs
3579	established in ss. 110.123, 110.161, 110.1232, 110.1234, and
3580	110.1238 and in chapters 121, 122, and 238. Unless specifically
3581	authorized by law, neither the Board of Governors nor a state
3582	university may offer group insurance programs for employees as a
3583	substitute for or as an alternative to the health insurance
3584	programs offered pursuant to chapter 110.
3585	(c)  Except as otherwise provided by law, university
3586	employees are public employees for purposes of chapter 112 and
3587	the payment for travel and per diem shall not exceed the level
3588	specified in s. 112.061.
3589	(6)  POWERS AND DUTIES RELATING TO PROPERTY.--
3590	(a)  Each board of trustees shall have the authority to
3591	acquire real and personal property and contract for its sale and
3592	disposal and approve and execute contracts for the purchase,
3593	sale, lease, license, or acquisition of commodities, goods,
3594	equipment, contractual services, leases of real and personal
3595	property, and construction in accordance with law and guidelines
3596	of the Board of Governors. The acquisition may include purchase
3597	by installment or lease-purchase. Such contracts may provide for
3598	payment of interest on the unpaid portion of the purchase price.
3599	Title to all real property acquired prior to January 7, 2003,
3600	and to all real property acquired with funds appropriated by the
3601	Legislature shall be vested in the Board of Trustees of the
3602	Internal Improvement Trust Fund and shall be transferred and
3603	conveyed by it. Notwithstanding any other provisions of this
3604	subsection, each board of trustees shall comply with the
3605	provisions of s. 287.055 for the procurement of professional
3606	services as defined therein. Any acquisition pursuant to this
3607	paragraph is subject to the provisions of s. 1010.62.
3608	(b)  Each board of trustees shall have responsibility for
3609	the use, maintenance, protection, and control of university-
3610	owned or university-controlled buildings and grounds, property
3611	and equipment, name, trademarks and other proprietary marks, and
3612	the financial and other resources of the university pursuant to
3613	guidelines of the Board of Governors. Such authority may include
3614	placing restrictions on activities and on access to facilities,
3615	firearms, food, tobacco, alcoholic beverages, distribution of
3616	printed materials, commercial solicitation, animals, and sound.
3617	The authority vested in the board of trustees in this subsection
3618	includes the prioritization of the use of space, property,
3619	equipment, and resources and the imposition of charges for those
3620	items.
3621	(c)  To the extent delegated by the Board of Governors
3622	pursuant to s. 1001.706, each board of trustees shall administer
3623	a program for the maintenance and construction of facilities
3624	pursuant to chapter 1013.
3625	(d)  To the extent delegated by the Board of Governors
3626	pursuant to s. 1001.706, each board of trustees shall ensure
3627	compliance with the provisions of s. 287.09451 for all
3628	procurement and ss. 255.101 and 255.102 for construction
3629	contracts, and rules adopted pursuant thereto, relating to the
3630	utilization of minority business enterprises, except that
3631	procurements costing less than the amount provided for in
3632	CATEGORY FIVE as provided in s. 287.017 shall not be subject to
3633	s. 287.09451.
3634	(e)  Each board of trustees may exercise the right of
3635	eminent domain pursuant to the provisions of chapter 1013. Any
3636	suits or actions brought by the board of trustees shall be
3637	brought in the name of the board of trustees, and the Department
3638	of Legal Affairs shall conduct the proceedings for, and act as
3639	the counsel of, the board of trustees.
3640	(f)  Notwithstanding the provisions of s. 253.025 but
3641	subject to the provisions of s. 1010.62, each board of trustees
3642	may, to the extent delegated by the Board of Governors pursuant
3643	to s. 1001.706 and with the consent of the Board of Trustees of
3644	the Internal Improvement Trust Fund, sell, convey, transfer,
3645	exchange, trade, or purchase real property and related
3646	improvements necessary and desirable to serve the needs and
3647	purposes of the university.
3648	1.  To the extent delegated by the Board of Governors
3649	pursuant to s. 1001.706, each board of trustees may secure
3650	appraisals and surveys. The board of trustees shall comply with
3651	the rules of the Board of Trustees of the Internal Improvement
3652	Trust Fund in securing appraisals. Whenever the board of
3653	trustees finds it necessary for timely property acquisition, it
3654	may contract, without the need for competitive selection, with
3655	one or more appraisers whose names are contained on the list of
3656	approved appraisers maintained by the Division of State Lands in
3657	the Department of Environmental Protection.
3658	2.  To the extent delegated by the Board of Governors
3659	pursuant to s. 1001.706, each board of trustees may negotiate
3660	and enter into an option contract before an appraisal is
3661	obtained. The option contract must state that the final purchase
3662	price may not exceed the maximum value allowed by law. The
3663	consideration for such an option contract may not exceed 10
3664	percent of the estimate obtained by the board of trustees or 10
3665	percent of the value of the parcel, whichever is greater, unless
3666	otherwise authorized by the board of trustees.
3667	3.  This paragraph is not intended to abrogate in any
3668	manner the authority delegated to the Board of Trustees of the
3669	Internal Improvement Trust Fund or the Division of State Lands
3670	to approve a contract for purchase of state lands or to require
3671	policies and procedures to obtain clear legal title to parcels
3672	purchased for state purposes. Title to property acquired by a
3673	university board of trustees prior to January 7, 2003, and to
3674	property acquired with funds appropriated by the Legislature
3675	shall vest in the Board of Trustees of the Internal Improvement
3676	Trust Fund.
3677	(g)  To the extent delegated by the Board of Governors
3678	pursuant to s. 1001.706, each board of trustees shall prepare
3679	and adopt a campus master plan pursuant to s. 1013.30.
3680	(h)  To the extent delegated by the Board of Governors
3681	pursuant to s. 1001.706, each board of trustees shall prepare,
3682	adopt, and execute a campus development agreement pursuant to s.
3683	1013.30.
3684	(i)  Notwithstanding the provisions of s. 216.351 and to
3685	the extent delegated by the Board of Governors pursuant to s.
3686	1001.706, a board of trustees may authorize the rent or lease of
3687	parking facilities, provided that such facilities are funded
3688	through parking fees or parking fines imposed by a university.
3689	With authorization from the Board of Governors, a board of
3690	trustees may charge fees for parking at such rented or leased
3691	parking facilities.
3692	(j)  Each board of trustees shall adjust property records
3693	and dispose of state-owned tangible property in the university's
3694	custody in accordance with procedures established by the board
3695	of trustees in accordance with the provisions of chapter 273.
3696	Notwithstanding the provisions of s. 273.055(5), all moneys
3697	received from the disposition of state-owned tangible personal
3698	property shall be retained by the university and disbursed for
3699	the acquisition of tangible personal property and for all
3700	necessary operating expenditures. The university shall maintain
3701	records of the accounts into which such moneys are deposited.
3702	(7)  COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND
3703	REQUIREMENTS.--Each board of trustees has responsibility for
3704	compliance with state and federal laws, rules, regulations, and
3705	requirements.
3706	(8)  OTHER POWERS AND DUTIES.--A board of trustees shall
3707	perform such other duties as are provided by law or at the
3708	direction of the Board of Governors.
3709	Section 79.  Paragraph (a) of subsection (2) and subsection
3710	(4) of section 1002.35, Florida Statutes, are amended to read:
3711	1002.35  New World School of the Arts.--
3712	(2)(a)  For purposes of governance, the New World School of
3713	the Arts is assigned to Miami-Dade Community College, the Dade
3714	County School District, and one or more universities designated
3715	by the State Board of Education. The State Board of Education,
3716	in consultation with the Board of Governors, shall assign to the
3717	New World School of the Arts a university partner or partners.
3718	In this selection, the State Board of Education and the Board of
3719	Governors shall consider the accreditation status of the core
3720	programs. Florida International University, in its capacity as
3721	the provider of university services to Dade County, shall be a
3722	partner to serve the New World School of the Arts, upon meeting
3723	the accreditation criteria. The respective boards shall appoint
3724	members to an executive board for administration of the school.
3725	The executive board may include community members and shall
3726	reflect proportionately the participating institutions. Miami-
3727	Dade Community College shall serve as fiscal agent for the
3728	school.
3729	(4)  The State Board of Education and the Board of
3730	Governors shall utilize resources, programs, and faculty from
3731	the various state universities in planning and providing the
3732	curriculum and courses at the New World School of the Arts,
3733	drawing on program strengths at each state university.
3734	Section 80.  Subsection (8) of section 1002.41, Florida
3735	Statutes, is amended, subsection (9) is renumbered as subsection
3736	(10), and a new subsection (9) is added to that section, to
3737	read:
3738	1002.41  Home education programs.--
3739	(8)  Home education students are eligible for admission to
3740	state universities in accordance with the policies and
3741	guidelines of the Board of Governors provisions of s. 1007.261.
3742	(9)  A home education student who has completed a home
3743	education program in accordance with this section shall not be
3744	required to document completion of a specified 18-credit college
3745	preparatory curriculum.
3746	Section 81.  Subsections (1) and (3) of section 1004.03,
3747	Florida Statutes, are amended to read:
3748	1004.03  Program approval.--
3749	(1)  The Board of Governors State Board of Education shall
3750	establish criteria for the approval of new programs at state
3751	universities that will receive any support from tuition and fees
3752	assessed pursuant to s. 1009.24 or from funds appropriated by
3753	the Legislature through the General Appropriations Act or other
3754	law. These, which criteria include, but are not limited to, the
3755	following:
3756	(a)  New programs may not be approved unless the same
3757	objectives cannot be met through use of educational technology.
3758	(b)  Unnecessary duplication of programs offered by public
3759	and independent institutions shall be avoided.
3760	(c)  Cooperative programs, particularly within regions,
3761	should be encouraged.
3762	(d)  New programs shall be approved only if they are
3763	consistent with the strategic plan state master plans adopted by
3764	the Board of Governors State Board of Education.
3765	(e)  A new graduate-level program or professional-level
3766	program may be approved if:
3767	1.  The university has taken into account the offerings of
3768	its counterparts, including institutions in other sectors,
3769	particularly at the regional level.
3770	2.  The addition of the program will not alter the emphasis
3771	on undergraduate education.
3772	3.  The regional need and demand for the graduate program
3773	was addressed and the community needs are obvious.
3774	(3)  New colleges, schools, or functional equivalents of
3775	any program that leads leading to a degree that is offered as a
3776	credential for a specific license granted under the Florida
3777	Statutes or the State Constitution and that will receive any
3778	support from tuition and fees or from funds appropriated by the
3779	Legislature through the General Appropriations Act or other law
3780	shall not be established without the specific approval of the
3781	Legislature.
3782	Section 82.  Paragraph (b) of subsection (5) of section
3783	1004.04, Florida Statutes, is amended to read:
3784	1004.04  Public accountability and state approval for
3785	teacher preparation programs.--
3786	(5)  CONTINUED PROGRAM APPROVAL.--Notwithstanding
3787	subsection (4), failure by a public or nonpublic teacher
3788	preparation program to meet the criteria for continued program
3789	approval shall result in loss of program approval. The
3790	Department of Education, in collaboration with the departments
3791	and colleges of education, shall develop procedures for
3792	continued program approval that document the continuous
3793	improvement of program processes and graduates' performance.
3794	(b)  Additional criteria for continued program approval for
3795	public institutions may be approved by the State Board of
3796	Education. Such criteria must emphasize instruction in classroom
3797	management and must provide for the evaluation of the teacher
3798	candidates' performance in this area. The criteria shall also
3799	require instruction in working with underachieving students.
3800	Program evaluation procedures must include, but are not limited
3801	to, program graduates' satisfaction with instruction and the
3802	program's responsiveness to local school districts. Additional
3803	criteria for continued program approval for nonpublic
3804	institutions shall be developed in the same manner as for public
3805	institutions; however, such criteria must be based upon
3806	significant, objective, and quantifiable graduate performance
3807	measures. Responsibility for collecting data on outcome measures
3808	through survey instruments and other appropriate means shall be
3809	shared by the postsecondary educational institutions and the
3810	Department of Education. By January 1 of each year, the
3811	Department of Education shall report this information for each
3812	postsecondary educational institution that has state-approved
3813	programs of teacher education to the Governor, the State Board
3814	of Education, the Board of Governors, the Commissioner of
3815	Education, the President of the Senate, the Speaker of the House
3816	of Representatives, all Florida postsecondary teacher
3817	preparation programs, and interested members of the public. This
3818	report must analyze the data and make recommendations for
3819	improving teacher preparation programs in the state.
3820	Section 83.  Section 1004.07, Florida Statutes, is amended
3821	to read:
3822	1004.07  Student withdrawal from courses due to military
3823	service; effect.--
3824	(1)  Each district school board, community college district
3825	board of trustees, and state university board of trustees shall
3826	establish, by rule and pursuant to guidelines of the State Board
3827	of Education, policies regarding currently enrolled students who
3828	are called to, or enlist in, active military service.
3829	(2)  Such policies shall provide that any student enrolled
3830	in a postsecondary course or courses at a career center, a
3831	public community college, a public college, or a state
3832	university shall not incur academic or financial penalties by
3833	virtue of performing military service on behalf of our country.
3834	Such student shall be permitted the option of either completing
3835	the course or courses at a later date without penalty or
3836	withdrawing from the course or courses with a full refund of
3837	fees paid. If the student chooses to withdraw, the student's
3838	record shall reflect that the withdrawal is due to active
3839	military service.
3840	(3)  Policies of district school boards and community
3841	college boards of trustees shall be established by rule and
3842	pursuant to guidelines of the State Board of Education.
3843	(4)  Policies of state university boards of trustees shall
3844	be established by rule and pursuant to guidelines of the Board
3845	of Governors.
3846	Section 84.  Section 1004.21, Florida Statutes, is amended
3847	to read:
3848	(Substantial rewording of section. See s. 1004.21, F.S.,
3849	for present text.)
3850	1004.21  State universities; general provisions.--Pursuant
3851	to s. 3, Art. II and s. 7, Art. IX of the State Constitution,
3852	state universities are part of the executive branch of state
3853	government and are administered by a board of trustees as
3854	provided in s. 1001.74.
3855	Section 85.  Subsections (1), (2), (6), and (7) of section
3856	1004.22, Florida Statutes, are amended to read:
3857	1004.22  Divisions of sponsored research at state
3858	universities.--
3859	(1)  Each university is authorized to create, in accordance
3860	with guidelines of the Board of Governors as it deems advisable,
3861	divisions of sponsored research which will serve the function of
3862	administration and promotion of the programs of research,
3863	including sponsored training programs, of the university at
3864	which they are located. A division of sponsored research created
3865	under the provisions of this section shall be under the
3866	supervision of the president of that university.
3867	(2)  The university shall set such policies to regulate the
3868	activities of the divisions of sponsored research as it may
3869	consider necessary to effectuate the purposes of this act and to
3870	administer the research programs in a manner which assures
3871	efficiency and effectiveness, producing the maximum benefit for
3872	the educational programs and maximum service to the state. To
3873	this end, materials that relate to methods of manufacture or
3874	production, potential trade secrets, potentially patentable
3875	material, actual trade secrets, business transactions, or
3876	proprietary information received, generated, ascertained, or
3877	discovered during the course of research conducted within the
3878	state universities shall be confidential and exempt from the
3879	provisions of s. 119.07(1), except that a division of sponsored
3880	research shall make available upon request the title and
3881	description of a research project, the name of the researcher,
3882	and the amount and source of funding provided for such project.
3883	(6)(a)  Each university shall submit to the Board of
3884	Governors State Board of Education a report of the activities of
3885	each division of sponsored research together with an estimated
3886	budget for the next fiscal year.
3887	(b)  Not less than 90 days prior to the convening of each
3888	regular session of the Legislature in which an appropriation
3889	shall be made, the Board of Governors State Board of Education
3890	shall submit to the chair of the appropriations committee of
3891	each house of the Legislature a compiled report, together with a
3892	compiled estimated budget for the next fiscal year. A copy of
3893	such report and estimated budget shall be furnished to the
3894	Governor, as the chief budget officer of the state.
3895	(7)  All purchases of a division of sponsored research
3896	shall be made in accordance with the policies and procedures of
3897	the university pursuant to guidelines of the Board of Governors;
3898	however, upon certification addressed to the university
3899	president that it is necessary for the efficient or expeditious
3900	prosecution of a research project, the president may exempt the
3901	purchase of material, supplies, equipment, or services for
3902	research purposes from the general purchasing requirement of the
3903	Florida Statutes.
3904	Section 86.  Section 1004.24, Florida Statutes, is amended
3905	to read:
3906	1004.24  Board of Governors, or the board's designee, State
3907	Board of Education authorized to secure liability insurance.--
3908	(1)  The Board of Governors, or the board's designee, State
3909	Board of Education is authorized to secure, or otherwise provide
3910	as a self-insurer, or by a combination thereof, comprehensive
3911	general liability insurance, including professional liability
3912	for health care and veterinary sciences, for:
3913	(a)  The Board of Governors State Board of Education and
3914	its officers and members.
3915	(b)  A university board of trustees and its officers and
3916	members.
3917	(c)  The faculty and other employees and agents of a
3918	university board of trustees.
3919	(d)  The students of a state university.
3920	(e)  A state university or any college, school, institute,
3921	center, or program thereof.
3922	(f)  Any not-for-profit corporation organized pursuant to
3923	chapter 617, and the directors, officers, employees, and agents
3924	thereof, which is affiliated with a state university, if the
3925	corporation is operated for the benefit of the state university
3926	in a manner consistent with the best interests of the state, and
3927	if such participation is approved by a self-insurance program
3928	council, the university president, and the board of trustees.
3929	(2)  In the event the Board of Governors, or the board's
3930	designee, State Board of Education adopts a self-insurance
3931	program, a governing council chaired by the vice president for
3932	health affairs or his or her academic equivalent shall be
3933	established to administer the program and its duties and
3934	responsibilities, including the administration of self-insurance
3935	program assets and expenditure policies, which shall be defined
3936	in rules as authorized by this section. The council shall have
3937	an annual actuary review performed to establish funding
3938	requirements to maintain the fiscal integrity of the self-
3939	insurance program. The assets of a self-insurance program shall
3940	be deposited outside the State Treasury and shall be
3941	administered in accordance with rules as authorized by this
3942	section.
3943	(3)  Any self-insurance program created under this section
3944	shall be funded by the entities and individuals protected by
3945	such program. There shall be no funds appropriated to any self-
3946	insurance program. The assets of the self-insurance program
3947	shall be the property of the board that adopts the self-
3948	insurance program State Board of Education and shall be used
3949	only to pay the administrative expenses of the self-insurance
3950	program and to pay any claim, judgment, or claims bill arising
3951	out of activities for which the self-insurance program was
3952	created. Investment income that is in excess of that income
3953	necessary to ensure the solvency of a self-insurance program as
3954	established by a casualty actuary may be used to defray the
3955	annual contribution paid into the program by the entities and
3956	individuals protected by the program.
3957	(4)  No self-insurance program adopted by the Board of
3958	Governors, or the board's designee, State Board of Education may
3959	sue or be sued. The claims files of any such program are
3960	privileged and confidential, exempt from the provisions of s.
3961	119.07(1), and are only for the use of the program in fulfilling
3962	its duties. Any self-insurance trust fund and revenues generated
3963	by that fund shall only be used to pay claims and administration
3964	expenses.
3965	(5)  Each self-insurance program council shall make
3966	provision for an annual financial audit pursuant to s. 11.45 of
3967	its accounts to be conducted by an independent certified public
3968	accountant. The annual audit report must include a management
3969	letter and shall be submitted to the Board of Governors and the
3970	university board of trustees State Board of Education for
3971	review. The Board of Governors State Board of Education shall
3972	have the authority to require and receive from the self-
3973	insurance program council or from its independent auditor any
3974	detail or supplemental data relative to the operation of the
3975	self-insurance program.
3976	(6)  The State Board of Education may make such rules as
3977	are necessary to carry out the provisions of this section.
3978	Section 87.  Section 1004.25, Florida Statutes, is amended
3979	to read:
3980	1004.25  State universities; payment of costs of civil
3981	action.--
3982	(1)  A university may defray all costs of defending any
3983	civil action brought against any officer or employee of the
3984	university for any act or omission arising out of and in the
3985	course of the performance of his or her duties and
3986	responsibilities, which costs may include reasonable attorney's
3987	fees and expenses together with costs of appeal, and may save
3988	harmless and protect such person from any financial loss
3989	resulting from the lawful performance of his or her duties and
3990	responsibilities. Claims based on such actions or omissions may
3991	be settled prior to or after the filing of suit thereon. The
3992	university may arrange for and pay the premium for appropriate
3993	insurance to cover all such losses and expenses. The university
3994	may use funds available, not subject to the obligation of
3995	contract, covenant, or trust, to carry out the purposes of this
3996	section in the amount necessary. However, any attorney's fees
3997	paid from public funds for any officer or employee who is found
3998	to be personally liable by virtue of acting outside the scope of
3999	his or her employment or acting in bad faith, with malicious
4000	purpose, or in a manner exhibiting wanton and willful disregard
4001	of human rights, safety, or property may be recovered by the
4002	state, county, municipality, or political subdivision in a civil
4003	action against such officer or employee.
4004	(2)  Failure by the university to perform any act
4005	authorized by this section shall not constitute a cause of
4006	action against the university or its members, officers, or
4007	employees.
4008	Section 88.  Paragraph (c) is added to subsection (1) of
4009	section 1004.28, Florida Statutes, and paragraph (b) of
4010	subsection (2) and subsections (5), (6), and (7) of that section
4011	are amended, to read:
4012	1004.28  Direct-support organizations; use of property;
4013	board of directors; activities; audit; facilities.--
4014	(1)  DEFINITIONS.--For the purposes of this section:
4015	(c)  "Property" does not include student fee revenues
4016	collected pursuant to s. 1009.24.
4017	(2)  USE OF PROPERTY.--
4018	(b)  The board of trustees, in accordance with rules and
4019	guidelines of the Board of Governors, shall prescribe by rule
4020	conditions with which a university direct-support organization
4021	must comply in order to use property, facilities, or personal
4022	services at any state university. Such rules shall provide for
4023	budget and audit review and oversight by the board of trustees.
4024	(5)  ANNUAL AUDIT.--Each direct-support organization shall
4025	provide for an annual financial audit of its accounts and
4026	records to be conducted by an independent certified public
4027	accountant in accordance with rules adopted by the Auditor
4028	General pursuant to s. 11.45(8) and by the university board of
4029	trustees. The annual audit report shall be submitted, within 9
4030	months after the end of the fiscal year, to the Auditor General
4031	and the Board of Governors State Board of Education for review.
4032	The Board of Governors State Board of Education, the university
4033	board of trustees, the Auditor General, and the Office of
4034	Program Policy Analysis and Government Accountability shall have
4035	the authority to require and receive from the organization or
4036	from its independent auditor any records relative to the
4037	operation of the organization. The identity of donors who desire
4038	to remain anonymous shall be protected, and that anonymity shall
4039	be maintained in the auditor's report. All records of the
4040	organization other than the auditor's report, management letter,
4041	and any supplemental data requested by the Board of Governors
4042	State Board of Education, the university board of trustees, the
4043	Auditor General, and the Office of Program Policy Analysis and
4044	Government Accountability shall be confidential and exempt from
4045	the provisions of s. 119.07(1).
4046	(6)  FACILITIES.--In addition to issuance of indebtedness
4047	pursuant to s. 1010.60(2), Each direct-support organization is
4048	authorized to enter into agreements to finance, design and
4049	construct, lease, lease-purchase, purchase, or operate
4050	facilities necessary and desirable to serve the needs and
4051	purposes of the university, as determined by the systemwide
4052	strategic plan adopted by the Board of Governors State Board of
4053	Education. Such agreements are subject to the provisions of ss.
4054	s. 1013.171 and 1010.62.
4055	(7)  ANNUAL BUDGETS AND REPORTS.--Each direct-support
4056	organization shall submit to the university president and the
4057	Board of Governors State Board of Education its federal Internal
4058	Revenue Service Application for Recognition of Exemption form
4059	(Form 1023) and its federal Internal Revenue Service Return of
4060	Organization Exempt from Income Tax form (Form 990).
4061	Section 89.  Subsections (3) and (5) of section 1004.29,
4062	Florida Statutes, are amended to read:
4063	1004.29  University health services support
4064	organizations.--
4065	(3)  A state university board of trustees, in accordance
4066	with rules and guidelines of the Board of Governors, may
4067	prescribe, by rule, conditions with which a university health
4068	services support organization must comply in order to be
4069	certified and to use property, facilities, or personal services
4070	at any state university. The rules must provide for budget,
4071	audit review, and oversight by the board of trustees. Such rules
4072	shall provide that the university health services support
4073	organization may provide salary supplements and other
4074	compensation or benefits for university faculty and staff
4075	employees only as set forth in the organization's budget, which
4076	shall be subject to approval by the university president.
4077	(5)  Each university health services support organization
4078	shall provide for an annual financial audit in accordance with
4079	s. 1004.28(5). The auditor's report, management letter, and any
4080	supplemental data requested by the Board of Governors State
4081	Board of Education, the university board of trustees, and the
4082	Auditor General shall be considered public records, pursuant to
4083	s. 119.07.
4084	Section 90.  Subsection (5) of section 1004.39, Florida
4085	Statutes, is amended to read:
4086	1004.39  College of law at Florida International
4087	University.--
4088	(5)  The Florida International University Board of Trustees
4089	shall commence the planning of a college of law at Florida
4090	International University. In planning the college of law, The
4091	Florida International University Board of Trustees and the Board
4092	of Governors State Board of Education may accept grants,
4093	donations, gifts, and moneys available for this purpose,
4094	including moneys for planning and constructing the college. The
4095	Florida International University Board of Trustees may procure
4096	and accept any federal funds that are available for the
4097	planning, creation, and establishment of the college of law.
4098	Classes must commence by the fall semester 2003. If the American
4099	Bar Association or any other nationally recognized association
4100	for the accreditation of colleges of law issues a third
4101	disapproval of an application for provisional approval or for
4102	full approval or fails to grant, within 5 years following the
4103	graduation of the first class, a provisional approval, to the
4104	college of law at Florida International University, the Board of
4105	Governors State Board of Education shall make recommendations to
4106	the Governor and the Legislature as to whether the college of
4107	law will cease operations at the end of the full academic year
4108	subsequent to the receipt by the college of law of any such
4109	third disapproval, or whether the college of law will continue
4110	operations and any conditions for continued operations. If the
4111	college of law ceases operations pursuant to this section, the
4112	following conditions apply:
4113	(a)  The authority for the college of law at Florida
4114	International University and the authority of the Florida
4115	International University Board of Trustees and the Board of
4116	Governors State Board of Education provided in this section
4117	shall terminate upon the cessation of operations of the college
4118	of law at Florida International University. The college of law
4119	at Florida International University shall receive no moneys
4120	allocated for the planning, construction, or operation of the
4121	college of law after its cessation of operations other than
4122	moneys to be expended for the cessation of operations of the
4123	college of law. Any moneys allocated to the college of law at
4124	Florida International University not expended prior to or
4125	scheduled to be expended after the date of the cessation of the
4126	college of law shall be appropriated for other use by the
4127	Legislature of the State of Florida.
4128	(b)  Any buildings of the college of law at Florida
4129	International University constructed from the expenditure of
4130	capital outlay funds appropriated by the Legislature shall be
4131	owned by the Board of Trustees of the Internal Improvement Trust
4132	Fund and managed by the Florida International University Board
4133	of Trustees upon the cessation of the college of law.
4134
4135	Nothing in this section shall undermine commitments to current
4136	students receiving support as of the date of the enactment of
4137	this section from the law school scholarship program of the
4138	Florida Education Fund as provided in s. 1009.70(8). Students
4139	attending the college of law at Florida International University
4140	shall be eligible for financial, academic, or other support from
4141	the Florida Education Fund as provided in s. 1009.70(8) without
4142	the college's obtaining accreditation by the American Bar
4143	Association.
4144	Section 91.  Subsection (5) of section 1004.40, Florida
4145	Statutes, is amended to read:
4146	1004.40  College of law at Florida Agricultural and
4147	Mechanical University.--
4148	(5)  The Florida Agricultural and Mechanical University
4149	Board of Trustees shall commence the planning of a college of
4150	law under the auspices of Florida Agricultural and Mechanical
4151	University to be located in the I-4 corridor area. In planning
4152	the college of law, The Florida Agricultural and Mechanical
4153	University Board of Trustees and the Board of Governors State
4154	Board of Education may accept grants, donations, gifts, and
4155	moneys available for this purpose, including moneys for planning
4156	and constructing the college. The Florida Agricultural and
4157	Mechanical University Board of Trustees may procure and accept
4158	any federal funds that are available for the planning, creation,
4159	and establishment of the college of law. Classes must commence
4160	by the fall semester 2003. If the American Bar Association or
4161	any other nationally recognized association for the
4162	accreditation of colleges of law issues a third disapproval of
4163	an application for provisional approval or for full approval or
4164	fails to grant, within 5 years following the graduation of the
4165	first class, a provisional approval, to the college of law at
4166	Florida Agricultural and Mechanical University, the Board of
4167	Governors State Board of Education shall make recommendations to
4168	the Governor and Legislature as to whether the college of law
4169	will cease operations at the end of the full academic year
4170	subsequent to the receipt by the college of law of any such
4171	third disapproval, or whether the college of law will continue
4172	operations and any conditions for continued operations. If the
4173	college of law ceases operations of the college of law pursuant
4174	to this section, the following conditions apply:
4175	(a)  The authority for the college of law at Florida
4176	Agricultural and Mechanical University and the authority of the
4177	Florida Agricultural and Mechanical University Board of Trustees
4178	and the Board of Governors State Board of Education provided in
4179	this section shall terminate upon the cessation of operations of
4180	the college of law at Florida Agricultural and Mechanical
4181	University. The college of law at Florida Agricultural and
4182	Mechanical University shall receive no moneys allocated for the
4183	planning, construction, or operation of the college of law after
4184	its cessation of operations other than moneys to be expended for
4185	the cessation of operations of the college of law. Any moneys
4186	allocated to the college of law at Florida Agricultural and
4187	Mechanical University not expended prior to or scheduled to be
4188	expended after the date of the cessation of the college of law
4189	shall be appropriated for other use by the Legislature of the
4190	State of Florida.
4191	(b)  Any buildings of the college of law at Florida
4192	Agricultural and Mechanical University constructed from the
4193	expenditure of capital outlay funds appropriated by the
4194	Legislature shall be owned by the Board of Trustees of the
4195	Internal Improvement Trust Fund and managed by the Florida
4196	Agricultural and Mechanical University Board of Trustees upon
4197	the cessation of the college of law.
4198
4199	Nothing in this section shall undermine commitments to current
4200	students receiving support as of the date of the enactment of
4201	this section from the law school scholarship program of the
4202	Florida Education Fund as provided in s. 1009.70(8). Students
4203	attending the college of law at Florida Agricultural and
4204	Mechanical University shall be eligible for financial, academic,
4205	or other support from the Florida Education Fund as provided in
4206	s. 1009.70(8) without the college's obtaining accreditation by
4207	the American Bar Association.
4208	Section 92.  Paragraph (e) of subsection (4) of section
4209	1004.41, Florida Statutes, is amended to read:
4210	1004.41  University of Florida; J. Hillis Miller Health
4211	Center.--
4212	(4)
4213	(e)  In the event that the lease of the hospital facilities
4214	to the not-for-profit corporation is terminated for any reason,
4215	the University of Florida Board of Trustees shall resume
4216	management and operation of the hospital facilities. In such
4217	event, the University of Florida Board of Trustees
4218	Administration Commission is authorized to utilize appropriate
4219	revenues generated from the operation of the hospital facilities
4220	to the University of Florida Board of Trustees to pay the costs
4221	and expenses of operating the hospital facility for the
4222	remainder of the fiscal year in which such termination occurs.
4223	Section 93.  Subsections (1) through (4), paragraphs (a)
4224	and (g) of subsection (5), and paragraph (b) of subsection (8)
4225	of section 1004.43, Florida Statutes, are amended to read:
4226	1004.43  H. Lee Moffitt Cancer Center and Research
4227	Institute.--There is established the H. Lee Moffitt Cancer
4228	Center and Research Institute at the University of South
4229	Florida.
4230	(1)  The Board of Governors State Board of Education shall
4231	enter into an agreement for the utilization of the facilities on
4232	the campus of the University of South Florida to be known as the
4233	H. Lee Moffitt Cancer Center and Research Institute, including
4234	all furnishings, equipment, and other chattels used in the
4235	operation of said facilities, with a Florida not-for-profit
4236	corporation organized solely for the purpose of governing and
4237	operating the H. Lee Moffitt Cancer Center and Research
4238	Institute. This not-for-profit corporation, acting as an
4239	instrumentality of the State of Florida, shall govern and
4240	operate the H. Lee Moffitt Cancer Center and Research Institute
4241	in accordance with the terms of the agreement between the Board
4242	of Governors State Board of Education and the not-for-profit
4243	corporation. The not-for-profit corporation may, with the prior
4244	approval of the Board of Governors State Board of Education,
4245	create either for-profit or not-for-profit corporate
4246	subsidiaries, or both, to fulfill its mission. For-profit
4247	subsidiaries of the not-for-profit corporation may not compete
4248	with for-profit health care providers in the delivery of
4249	radiation therapy services to patients. The not-for-profit
4250	corporation and its subsidiaries are authorized to receive,
4251	hold, invest, and administer property and any moneys received
4252	from private, local, state, and federal sources, as well as
4253	technical and professional income generated or derived from
4254	practice activities of the institute, for the benefit of the
4255	institute and the fulfillment of its mission. The affairs of the
4256	corporation shall be managed by a board of directors who shall
4257	serve without compensation. The President of the University of
4258	South Florida and the chair of the Board of Governors State
4259	Board of Education, or his or her designee, shall be directors
4260	of the not-for-profit corporation, together with 5
4261	representatives of the state universities and no more than 14
4262	nor fewer than 10 directors who are not medical doctors or state
4263	employees. Each director shall have only one vote, shall serve a
4264	term of 3 years, and may be reelected to the board. Other than
4265	the President of the University of South Florida and the chair
4266	of the Board of Governors State Board of Education, directors
4267	shall be elected by a majority vote of the board. The chair of
4268	the board of directors shall be selected by majority vote of the
4269	directors.
4270	(2)  The Board of Governors State Board of Education shall
4271	provide in the agreement with the not-for-profit corporation for
4272	the following:
4273	(a)  Approval of the articles of incorporation of the not-
4274	for-profit corporation by the Board of Governors State Board of
4275	Education.
4276	(b)  Approval of the articles of incorporation of any not-
4277	for-profit corporate subsidiary created by the not-for-profit
4278	corporation.
4279	(c)  Utilization of lands, facilities, and personnel by the
4280	not-for-profit corporation and its subsidiaries for research,
4281	education, treatment, prevention, and the early detection of
4282	cancer and for mutually approved teaching and research programs
4283	conducted by the University of South Florida or other accredited
4284	medical schools or research institutes.
4285	(d)  Preparation of an annual financial audit of the not-
4286	for-profit corporation's accounts and records and the accounts
4287	and records of any subsidiaries to be conducted by an
4288	independent certified public accountant. The annual audit report
4289	shall include a management letter, as defined in s. 11.45, and
4290	shall be submitted to the Auditor General and the Board of
4291	Governors State Board of Education. The Board of Governors State
4292	Board of Education, the Auditor General, and the Office of
4293	Program Policy Analysis and Government Accountability shall have
4294	the authority to require and receive from the not-for-profit
4295	corporation and any subsidiaries or from their independent
4296	auditor any detail or supplemental data relative to the
4297	operation of the not-for-profit corporation or subsidiary.
4298	(e)  Provision by the not-for-profit corporation and its
4299	subsidiaries of equal employment opportunities to all persons
4300	regardless of race, color, religion, sex, age, or national
4301	origin.
4302	(3)  The Board of Governors State Board of Education is
4303	authorized to secure comprehensive general liability protection,
4304	including professional liability protection, for the not-for-
4305	profit corporation and its subsidiaries pursuant to s. 1004.24.
4306	The not-for-profit corporation and its subsidiaries shall be
4307	exempt from any participation in any property insurance trust
4308	fund established by law, including any property insurance trust
4309	fund established pursuant to chapter 284, so long as the not-
4310	for-profit corporation and its subsidiaries maintain property
4311	insurance protection with comparable or greater coverage limits.
4312	(4)  In the event that the agreement between the not-for-
4313	profit corporation and the Board of Governors State Board of
4314	Education is terminated for any reason, the Board of Governors
4315	State Board of Education shall resume governance and operation
4316	of said facilities.
4317	(5)  The institute shall be administered by a chief
4318	executive officer who shall serve at the pleasure of the board
4319	of directors of the not-for-profit corporation and who shall
4320	have the following powers and duties subject to the approval of
4321	the board of directors:
4322	(a)  The chief executive officer shall establish programs
4323	which fulfill the mission of the institute in research,
4324	education, treatment, prevention, and the early detection of
4325	cancer; however, the chief executive officer shall not establish
4326	academic programs for which academic credit is awarded and which
4327	terminate in the conference of a degree without prior approval
4328	of the Board of Governors State Board of Education.
4329	(g)  The chief executive officer shall provide a copy of
4330	the institute's annual report to the Governor and Cabinet, the
4331	President of the Senate, the Speaker of the House of
4332	Representatives, and the chair of the Board of Governors State
4333	Board of Education.
4334	(8)
4335	(b)  Proprietary confidential business information is
4336	confidential and exempt from the provisions of s. 119.07(1) and
4337	s. 24(a), Art. I of the State Constitution. However, the Auditor
4338	General, the Office of Program Policy Analysis and Government
4339	Accountability, and the Board of Governors State Board of
4340	Education, pursuant to their oversight and auditing functions,
4341	must be given access to all proprietary confidential business
4342	information upon request and without subpoena and must maintain
4343	the confidentiality of information so received. As used in this
4344	paragraph, the term "proprietary confidential business
4345	information" means information, regardless of its form or
4346	characteristics, which is owned or controlled by the not-for-
4347	profit corporation or its subsidiaries; is intended to be and is
4348	treated by the not-for-profit corporation or its subsidiaries as
4349	private and the disclosure of which would harm the business
4350	operations of the not-for-profit corporation or its
4351	subsidiaries; has not been intentionally disclosed by the
4352	corporation or its subsidiaries unless pursuant to law, an order
4353	of a court or administrative body, a legislative proceeding
4354	pursuant to s. 5, Art. III of the State Constitution, or a
4355	private agreement that provides that the information may be
4356	released to the public; and which is information concerning:
4357	1.  Internal auditing controls and reports of internal
4358	auditors;
4359	2.  Matters reasonably encompassed in privileged attorney-
4360	client communications;
4361	3.  Contracts for managed-care arrangements, including
4362	preferred provider organization contracts, health maintenance
4363	organization contracts, and exclusive provider organization
4364	contracts, and any documents directly relating to the
4365	negotiation, performance, and implementation of any such
4366	contracts for managed-care arrangements;
4367	4.  Bids or other contractual data, banking records, and
4368	credit agreements the disclosure of which would impair the
4369	efforts of the not-for-profit corporation or its subsidiaries to
4370	contract for goods or services on favorable terms;
4371	5.  Information relating to private contractual data, the
4372	disclosure of which would impair the competitive interest of the
4373	provider of the information;
4374	6.  Corporate officer and employee personnel information;
4375	7.  Information relating to the proceedings and records of
4376	credentialing panels and committees and of the governing board
4377	of the not-for-profit corporation or its subsidiaries relating
4378	to credentialing;
4379	8.  Minutes of meetings of the governing board of the not-
4380	for-profit corporation and its subsidiaries, except minutes of
4381	meetings open to the public pursuant to subsection (9);
4382	9.  Information that reveals plans for marketing services
4383	that the corporation or its subsidiaries reasonably expect to be
4384	provided by competitors;
4385	10.  Trade secrets as defined in s. 688.002, including:
4386	a.  Information relating to methods of manufacture or
4387	production, potential trade secrets, potentially patentable
4388	materials, or proprietary information received, generated,
4389	ascertained, or discovered during the course of research
4390	conducted by the not-for-profit corporation or its subsidiaries;
4391	and
4392	b.  Reimbursement methodologies or rates;
4393	11.  The identity of donors or prospective donors of
4394	property who wish to remain anonymous or any information
4395	identifying such donors or prospective donors. The anonymity of
4396	these donors or prospective donors must be maintained in the
4397	auditor's report; or
4398	12.  Any information received by the not-for-profit
4399	corporation or its subsidiaries from an agency in this or
4400	another state or nation or the Federal Government which is
4401	otherwise exempt or confidential pursuant to the laws of this or
4402	another state or nation or pursuant to federal law.
4403
4404	As used in this paragraph, the term "managed care" means systems
4405	or techniques generally used by third-party payors or their
4406	agents to affect access to and control payment for health care
4407	services. Managed-care techniques most often include one or more
4408	of the following: prior, concurrent, and retrospective review of
4409	the medical necessity and appropriateness of services or site of
4410	services; contracts with selected health care providers;
4411	financial incentives or disincentives related to the use of
4412	specific providers, services, or service sites; controlled
4413	access to and coordination of services by a case manager; and
4414	payor efforts to identify treatment alternatives and modify
4415	benefit restrictions for high-cost patient care.
4416	Section 94.  Subsections (2) through (5), paragraph (a) of
4417	subsection (6), and paragraph (a) of subsection (9) of section
4418	1004.445, Florida Statutes, are amended to read:
4419	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
4420	Research Institute.--
4421	(2)(a)  The Board of Governors State Board of Education
4422	shall enter into an agreement for the utilization of the
4423	facilities on the campus of the University of South Florida to
4424	be known as the Johnnie B. Byrd, Sr., Alzheimer's Center and
4425	Research Institute, including all furnishings, equipment, and
4426	other chattels used in the operation of those facilities, with a
4427	Florida not-for-profit corporation organized solely for the
4428	purpose of governing and operating the Johnnie B. Byrd, Sr.,
4429	Alzheimer's Center and Research Institute. This not-for-profit
4430	corporation, acting as an instrumentality of the state, shall
4431	govern and operate the Johnnie B. Byrd, Sr., Alzheimer's Center
4432	and Research Institute in accordance with the terms of the
4433	agreement between the Board of Governors State Board of
4434	Education and the not-for-profit corporation. The not-for-profit
4435	corporation may, with the prior approval of the Board of
4436	Governors State Board of Education, create either for-profit or
4437	not-for-profit corporate subsidiaries, or both, to fulfill its
4438	mission. The not-for-profit corporation and its subsidiaries are
4439	authorized to receive, hold, invest, and administer property and
4440	any moneys acquired from private, local, state, and federal
4441	sources, as well as technical and professional income generated
4442	or derived from practice activities of the institute, for the
4443	benefit of the institute and the fulfillment of its mission.
4444	(b)1.  The affairs of the not-for-profit corporation shall
4445	be managed by a board of directors who shall serve without
4446	compensation. The board of directors shall consist of the
4447	President of the University of South Florida and the chair of
4448	the Board of Governors State Board of Education, or their
4449	designees, 5 representatives of the state universities, and no
4450	fewer than 9 nor more than 14 representatives of the public who
4451	are neither medical doctors nor state employees. Each director
4452	who is a representative of a state university or of the public
4453	shall be appointed to serve a term of 3 years. The chair of the
4454	board of directors shall be selected by a majority vote of the
4455	directors. Each director shall have only one vote.
4456	2.  The initial board of directors shall consist of the
4457	President of the University of South Florida and the chair of
4458	the Board of Governors State Board of Education, or their
4459	designees; the five university representatives, of whom one
4460	shall be appointed by the Governor, two by the President of the
4461	Senate, and two by the Speaker of the House of Representatives;
4462	and nine public representatives, of whom three shall be
4463	appointed by the Governor, three by the President of the Senate,
4464	and three by the Speaker of the House of Representatives. Upon
4465	the expiration of the terms of the initial appointed directors,
4466	all directors subject to 3-year terms of office under this
4467	paragraph shall be appointed by a majority vote of the directors
4468	and the board may be expanded to include additional public
4469	representative directors up to the maximum number allowed. Any
4470	vacancy in office shall be filled for the remainder of the term
4471	by majority vote of the directors. Any director may be
4472	reappointed.
4473	(3)  The Board of Governors State Board of Education shall
4474	provide in the agreement with the not-for-profit corporation for
4475	the following:
4476	(a)  Approval by the Board of Governors State Board of
4477	Education of the articles of incorporation of the not-for-profit
4478	corporation.
4479	(b)  Approval by the Board of Governors State Board of
4480	Education of the articles of incorporation of any not-for-profit
4481	corporate subsidiary created by the not-for-profit corporation.
4482	(c)  Utilization of lands, facilities, and personnel by the
4483	not-for-profit corporation and its subsidiaries for research,
4484	education, treatment, prevention, and the early detection of
4485	Alzheimer's disease and for mutually approved teaching and
4486	research programs conducted by the University of South Florida
4487	or other accredited medical schools or research institutes.
4488	(d)  Preparation of an annual financial audit pursuant to
4489	s. 11.45 of the not-for-profit corporation's accounts and the
4490	accounts of any subsidiaries to be conducted by an independent
4491	certified public accountant. The annual audit report shall
4492	include management letters and shall be submitted to the Auditor
4493	General and the Board of Governors State Board of Education for
4494	review. The Board of Governors State Board of Education, the
4495	Auditor General, and the Office of Program Policy Analysis and
4496	Government Accountability shall have the authority to require
4497	and receive from the not-for-profit corporation and any
4498	subsidiaries, or from their independent auditor, any detail or
4499	supplemental data relative to the operation of the not-for-
4500	profit corporation or subsidiary.
4501	(e)  Provision by the not-for-profit corporation and its
4502	subsidiaries of equal employment opportunities for all persons
4503	regardless of race, color, religion, gender, age, or national
4504	origin.
4505	(4)  The Board of Governors State Board of Education is
4506	authorized to secure comprehensive general liability protection,
4507	including professional liability protection, for the not-for-
4508	profit corporation and its subsidiaries, pursuant to s. 1004.24.
4509	The not-for-profit corporation and its subsidiaries shall be
4510	exempt from any participation in any property insurance trust
4511	fund established by law, including any property insurance trust
4512	fund established pursuant to chapter 284, so long as the not-
4513	for-profit corporation and its subsidiaries maintain property
4514	insurance protection with comparable or greater coverage limits.
4515	(5)  In the event that the agreement between the not-for-
4516	profit corporation and the Board of Governors State Board of
4517	Education is terminated for any reason, the Board of Governors
4518	State Board of Education shall assume governance and operation
4519	of the facilities.
4520	(6)  The institute shall be administered by a chief
4521	executive officer, who shall be appointed by and serve at the
4522	pleasure of the board of directors of the not-for-profit
4523	corporation, and who shall exercise the following powers and
4524	duties, subject to the approval of the board of directors:
4525	(a)  The chief executive officer shall establish programs
4526	that fulfill the mission of the institute in research,
4527	education, treatment, prevention, and early detection of
4528	Alzheimer's disease; however, the chief executive officer may
4529	not establish academic programs for which academic credit is
4530	awarded and which culminate in the conferring of a degree,
4531	without prior approval of the Board of Governors State Board of
4532	Education.
4533	(9)  The following information is confidential and exempt
4534	from the provisions of s. 119.07(1) and s. 24, Art. I of the
4535	State Constitution:
4536	(a)  Personal identifying information relating to clients
4537	of programs created or funded through the Johnnie B. Byrd, Sr.,
4538	Alzheimer's Center and Research Institute which is held by the
4539	institute, University of South Florida, or Board of Governors
4540	State Board of Education or by persons who provide services to
4541	clients of programs created or funded through contracts with the
4542	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute;
4543
4544	Any governmental entity that demonstrates a need to access such
4545	confidential and exempt information in order to perform its
4546	duties and responsibilities shall have access to such
4547	information and shall otherwise keep such information
4548	confidential and exempt. This section is subject to the Open
4549	Government Sunset Review Act of 1995 in accordance with s.
4550	119.15 and shall stand repealed on October 2, 2006, unless
4551	reviewed and saved from repeal through reenactment by the
4552	Legislature.
4553	Section 95.  Section 1004.58, Florida Statutes, is amended
4554	to read:
4555	(Substantial rewording of section. See s. 1004.58, F.S.,
4556	for present text.)
4557	1004.58  Leadership Board for Applied Research and Public
4558	Service.--
4559	(1)  There is created the Leadership Board for Applied
4560	Research and Public Service to be staffed by the Department of
4561	Education.
4562	(2)  The purpose of the board is to advise the Board of
4563	Governors, the State Board of Education, and the Legislature on
4564	how to focus, coordinate, and maximize university resources on
4565	current issues and events affecting the state's residents and
4566	elected officials. Emphasis shall be placed on being responsive
4567	to and providing accurate, timely, useful, and relevant
4568	information to decisionmakers in state and local governments.
4569	(3)  The board shall provide counsel and advice for
4570	improving the types and quality of research and public service
4571	to be delivered by the state universities.
4572	(4)  The board shall meet at least quarterly.
4573	(5)  The board is responsible for, but is not limited to:
4574	(a)  Providing advice that supports a coordinated applied
4575	public service and research approach in the state.
4576	(b)  Addressing state university policy matters and making
4577	recommendations to the State Board of Education, the Board of
4578	Governors, and the Legislature as they relate to research and
4579	public service.
4580	(c)  Serving as a clearinghouse for services requested by
4581	public officials.
4582	(d)  Providing input on funding and fiscal initiatives
4583	involving research and public service.
4584	(6)  Membership of the board shall consist of the following
4585	persons or their designees:
4586	(a)  The Commissioner of Education, who shall serve as
4587	chair.
4588	(b)  The director of the Office of Planning and Budgeting
4589	of the Executive Office of the Governor.
4590	(c)  The Secretary of Management Services.
4591	(d)  The director of the Office of Economic and Demographic
4592	Research.
4593	(e)  The director of the Office of Program Policy Analysis
4594	and Government Accountability.
4595	(f)  The president of the Florida League of Cities.
4596	(g)  The president of the Florida Association of Counties.
4597	(h)  The president of the Florida School Boards
4598	Association.
4599	(i)  Five university president members, designated by the
4600	Board of Governors, to rotate annually.
4601	(7)  The board shall prepare a report for the Board of
4602	Governors and the State Board of Education to be submitted to
4603	the Governor, the President of the Senate, and the Speaker of
4604	the House of Representatives by January 1 of each year that
4605	summarizes the work and recommendations of the board in meeting
4606	its purpose and mission.
4607	Section 96.  Paragraph (d) of subsection (1) of section
4608	1005.03, Florida Statutes, is amended to read:
4609	1005.03  Designation "college" or "university".--
4610	(1)  The use of the designation "college" or "university"
4611	in combination with any series of letters, numbers, or words is
4612	restricted in this state to colleges or universities as defined
4613	in s. 1005.02 that offer degrees as defined in s. 1005.02 and
4614	fall into at least one of the following categories:
4615	(d)  A college that is under the jurisdiction of the
4616	Division of Colleges and Universities of the Department of
4617	Education, whose students are eligible to participate in for the
4618	William L. Boyd, IV, Florida Resident Access Grant Program, and
4619	that is a nonprofit independent college or university located
4620	and chartered in this state and accredited by the Commission on
4621	Colleges of the Southern Association of Colleges and Schools to
4622	grant baccalaureate degrees.
4623	Section 97.  Paragraph (c) of subsection (1) of section
4624	1005.06, Florida Statutes, is amended to read:
4625	1005.06  Institutions not under the jurisdiction or purview
4626	of the commission.--
4627	(1)  Except as otherwise provided in law, the following
4628	institutions are not under the jurisdiction or purview of the
4629	commission and are not required to obtain licensure:
4630	(c)  Any institution that is under the jurisdiction of the
4631	Division of Colleges and Universities of the Department of
4632	Education, whose students are eligible to participate in for the
4633	William L. Boyd, IV, Florida Resident Access Grant Program, and
4634	that is a nonprofit independent college or university located
4635	and chartered in this state and accredited by the Commission on
4636	Colleges of the Southern Association of Colleges and Schools to
4637	grant baccalaureate degrees.
4638	Section 98.  Section 1005.21, Florida Statutes, is amended
4639	to read:
4640	(Substantial rewording of section. See s. 1005.21, F.S.,
4641	for present text.)
4642	1005.21  Commission for Independent Education.--
4643	(1)  The Commission for Independent Education shall
4644	function in matters concerning independent postsecondary
4645	educational institutions in consumer protection, program
4646	improvement, and licensure for institutions under its purview.
4647	The commission shall authorize the granting of diplomas and
4648	degrees by any independent postsecondary educational institution
4649	under its jurisdiction.
4650	(2)  The commission shall consist of seven members who are
4651	residents of this state. The Governor shall appoint the members
4652	of the commission subject to confirmation by the Senate. The
4653	membership of the commission shall consist of:
4654	(a)  Two representatives of independent colleges or
4655	universities licensed by the commission.
4656	(b)  Two representatives of independent, nondegree-granting
4657	schools licensed by the commission.
4658	(c)  One member from a public school district or community
4659	college who is an administrator of career education.
4660	(d)  One representative of a college that meets the
4661	criteria of s. 1005.06(1)(f).
4662	(e)  One lay member who is not affiliated with an
4663	independent postsecondary educational institution.
4664	(3)  The members of the commission shall be appointed to 3-
4665	year terms and until their successors are appointed and
4666	qualified. If a vacancy on the commission occurs before the
4667	expiration of a term, the Governor shall appoint a successor to
4668	serve the unexpired portion of the term.
4669	(4)  The commission shall meet at least four times each
4670	fiscal year.
4671	(5)  Members of the commission are entitled to
4672	reimbursement for travel and per diem expenses, as provided in
4673	s. 112.061, while performing their duties.
4674	(6)  Each member is accountable to the Governor for the
4675	proper performance of the duties of his or her office. The
4676	Governor may remove from office any member for cause.
4677	(7)  The commission shall be administratively housed within
4678	the Department of Education.
4679	(a)  The department shall provide support services for the
4680	commission. At a minimum, the support services provided to the
4681	commission shall include accounting, procurement, legal counsel,
4682	printing, computer and Internet support, personnel and human
4683	resources support, support for accountability initiatives,
4684	support for agency inspector general activities, and
4685	administrative support as needed for trust funds utilized for
4686	commission activities.
4687	(b)  The commission shall not be subject to control,
4688	supervision, or direction by the Department of Education in any
4689	manner, including, but not limited to, personnel, procurement,
4690	transactions involving real or personal property, and budgetary
4691	matters, thereby exercising independently all powers, duties,
4692	and functions prescribed by law.
4693	(8)  The commission shall appoint, review, and fix the
4694	salary of a person to serve as the executive director and have
4695	sole authority to remove such person at its pleasure. The
4696	executive director shall supervise, direct, coordinate, and
4697	administer all activities necessary to fulfill the commission's
4698	statutory responsibilities and have the authority to hire staff
4699	necessary to assist in fulfilling these responsibilities. The
4700	department shall allocate sufficient salary rate and authorized
4701	positions to the commission to enable the commission to expend
4702	salaries and benefits legislatively appropriated to administer
4703	this chapter.
4704	Section 99.  Paragraphs (b) and (e) of subsection (1) and
4705	paragraph (e) of subsection (2) of section 1005.22, Florida
4706	Statutes, are amended to read:
4707	1005.22  Powers and duties of commission.--
4708	(1)  The commission shall:
4709	(b)  Annually select a chairperson and a vice chairperson,
4710	appoint and review an executive director, and authorize the
4711	executive director to appoint employees of the commission.
4712	(e)  Administer the provisions of this chapter. To this
4713	end, the commission has the following administrative powers and
4714	responsibilities:
4715	1.  The commission is authorized to shall adopt rules
4716	pursuant to ss. 120.536(1) and 120.54 to administer the
4717	provisions of this chapter for the operation and establishment
4718	of independent postsecondary educational institutions. The
4719	commission shall submit the rules to the State Board of
4720	Education for approval or disapproval. If the state board does
4721	not act on a rule within 60 days after receiving it, the rule
4722	shall be filed immediately with the Department of State.
4723	2.  The commission shall prepare a legislative budget
4724	request and submit it to the State Board of Education for
4725	inclusion in the K-20 legislative budget request submit an
4726	annual budget to the State Board of Education.
4727	3.  The commission shall transmit all fees, donations, and
4728	other receipts of money to the Institutional Assessment Trust
4729	Fund.
4730	4.  The commission shall expend funds as necessary to
4731	assist in the application and enforcement of its powers and
4732	duties. The Chief Financial Officer shall pay out all moneys and
4733	funds as directed under this chapter upon vouchers approved by
4734	the executive director of the commission Department of Education
4735	for all lawful purposes necessary to administering this chapter.
4736	The commission shall make annual reports to the Executive Office
4737	of the Governor, the President of the Senate, and the Speaker of
4738	the House of Representatives State Board of Education showing in
4739	detail amounts received and all expenditures. The commission
4740	shall include in its annual report to the State Board of
4741	Education a statement of its major activities during the period
4742	covered by the report.
4743	(2)  The commission may:
4744	(e)  Advise the Governor, the Legislature, the State Board
4745	of Education, the Council for Education Policy Research and
4746	Improvement, and the Commissioner of Education on issues
4747	relating to private postsecondary education.
4748	Section 100.  Section 1006.53, Florida Statutes, is amended
4749	to read:
4750	1006.53  Religious observances.--Each public postsecondary
4751	educational institution shall adopt a policy in accordance with
4752	rules of the State Board of Education which reasonably
4753	accommodates the religious observance, practice, and belief of
4754	individual students in regard to admissions, class attendance,
4755	and the scheduling of examinations and work assignments. Each
4756	policy shall include a grievance procedure by which a student
4757	who believes that he or she has been unreasonably denied an
4758	educational benefit due to his or her religious belief or
4759	practices may seek redress. Such policy shall be made known to
4760	faculty and students annually in inclusion in the institution's
4761	handbook, manual, or other similar document regularly provided
4762	to faculty and students.
4763	Section 101.  Subsection (3) of section 1006.60, Florida
4764	Statutes, is amended to read:
4765	1006.60  Codes of conduct; disciplinary measures;
4766	rulemaking authority.--
4767	(3)  Sanctions authorized by such codes of conduct may be
4768	imposed only for acts or omissions in violation of rules adopted
4769	by the institution, including rules adopted under this section,
4770	rules of the State Board of Education or the Board of Governors,
4771	county and municipal ordinances, and the laws of this state, the
4772	United States, or any other state.
4773	Section 102.  Subsection (1) of section 1006.61, Florida
4774	Statutes, is amended to read:
4775	1006.61  Participation by students in disruptive activities
4776	at public postsecondary educational institution; penalties.--
4777	(1)  Any person who accepts the privilege extended by the
4778	laws of this state of attendance at any public postsecondary
4779	educational institution shall, by attending such institution, be
4780	deemed to have given his or her consent to the policies of that
4781	institution, the State Board of Education, and the Board of
4782	Governors and the laws of this state. Such policies shall
4783	include prohibition against disruptive activities at public
4784	postsecondary educational institutions.
4785	Section 103.  Subsections (1) and (3) of section 1006.62,
4786	Florida Statutes, are amended to read:
4787	1006.62  Expulsion and discipline of students of community
4788	colleges and state universities.--
4789	(1)  Each student in a community college or state
4790	university is subject to federal and state law, respective
4791	county and municipal ordinances, and all rules and regulations
4792	of the State Board of Education, the Board of Governors, or the
4793	board of trustees of the institution.
4794	(3)  Each president of a community college or state
4795	university may, after notice to the student of the charges and
4796	after a hearing thereon, to expel, suspend, or otherwise
4797	discipline any student who is found to have violated any law,
4798	ordinance, or rule or regulation of the State Board of
4799	Education, the Board of Governors, or of the board of trustees
4800	of the institution. A student may be entitled to waiver of
4801	expulsion:
4802	(a)  If the student provides substantial assistance in the
4803	identification, arrest, or conviction of any of his or her
4804	accomplices, accessories, coconspirators, or principals or of
4805	any other person engaged in violations of chapter 893 within a
4806	state university or community college;
4807	(b)  If the student voluntarily discloses his or her
4808	violations of chapter 893 prior to his or her arrest; or
4809	(c)  If the student commits himself or herself, or is
4810	referred by the court in lieu of sentence, to a state-licensed
4811	drug abuse program and successfully completes the program.
4812	Section 104.  Section 1006.65, Florida Statutes, is amended
4813	to read:
4814	1006.65  Safety issues in courses offered by public
4815	postsecondary educational institutions.--
4816	(1)  The State Board of Education shall adopt rules to
4817	ensure that policies and procedures are in place to protect the
4818	health and safety of students, instructional personnel, and
4819	visitors who participate in courses offered by a community
4820	college public postsecondary educational institution.
4821	(2)  The Board of Governors shall adopt rules to ensure
4822	that policies and procedures are in place to protect the health
4823	and safety of students, instructional personnel, and visitors
4824	who participate in courses offered by a state university.
4825	(3)(2)  Such policies and procedures shall be guided by
4826	industry standards for practices in the course content area and
4827	shall conform with all related and relevant state and federal
4828	health and safety requirements.
4829	Section 105.  Section 1006.71, Florida Statutes, is amended
4830	to read:
4831	1006.71  Gender equity in intercollegiate athletics.--
4832	(1)  GENDER EQUITY PLAN.--
4833	(a)  Each community college and state university shall
4834	develop a gender equity plan pursuant to s. 1000.05.
4835	(b)  The plan shall include consideration of equity in
4836	sports offerings, participation, availability of facilities,
4837	scholarship offerings, and funds allocated for administration,
4838	recruitment, comparable coaching, publicity and promotion, and
4839	other support costs.
4840	(c)  The Commissioner of Education shall annually assess
4841	the progress of each community college's institution's plan and
4842	advise the State Board of Education and the Legislature
4843	regarding compliance.
4844	(d)  The Chancellor of the State University System shall
4845	annually assess the progress of each state university's plan and
4846	advise the Board of Governors and the Legislature regarding
4847	compliance.
4848	(e)(d)  Each board of trustees of a public community
4849	college or state university shall annually evaluate the
4850	presidents on the extent to which the gender equity goals have
4851	been achieved.
4852	(f)(e)  To determine the proper level of support for
4853	women's athletic scholarships, an equity plan may determine,
4854	where appropriate, that support for women's scholarships may be
4855	disproportionate to the support of scholarships for men.
4856	(g)1.(f)  If a community college or state university is not
4857	in compliance with Title IX of the Education Amendments of 1972
4858	and the Florida Educational Equity Act, the State Board of
4859	Education shall:
4860	a.1.  Declare the community college institution ineligible
4861	for competitive state grants.
4862	b.2.  Withhold funds sufficient to obtain compliance.
4863
4864	The community college institution shall remain ineligible and
4865	the funds shall not be paid until the community college
4866	institution comes into compliance or the Commissioner of
4867	Education approves a plan for compliance.
4868	2.  If a state university is not in compliance with Title
4869	IX of the Education Amendments of 1972 and the Florida
4870	Educational Equity Act, the Board of Governors shall:
4871	a.  Declare the state university ineligible for competitive
4872	state grants.
4873	b.  Withhold funds sufficient to obtain compliance.
4874
4875	The state university shall remain ineligible and the funds shall
4876	not be paid until the state university comes into compliance or
4877	the Board of Governors approves a plan for compliance.
4878	(2)  FUNDING.--
4879	(a)  An equitable portion of all separate athletic fees
4880	shall be designated for women's intercollegiate athletics.
4881	(b)  The level of funding and percentage share of support
4882	for women's intercollegiate athletics for community colleges
4883	shall be determined by the State Board of Education. The level
4884	of funding and percentage share of support for women's
4885	intercollegiate athletics for state universities shall be
4886	determined by the Board of Governors. The level of funding and
4887	percentage share attained in the 1980-1981 fiscal year shall be
4888	the minimum level and percentage maintained by each institution,
4889	except as the State Board of Education or the Board of Governors
4890	otherwise directs its respective institutions for the purpose of
4891	assuring equity. Consideration shall be given by the State Board
4892	of Education or the Board of Governors to emerging athletic
4893	programs at institutions which may not have the resources to
4894	secure external funds to provide athletic opportunities for
4895	women. It is the intent that the effect of any redistribution of
4896	funds among institutions shall not negate the requirements as
4897	set forth in this section.
4898	(c)  In addition to the above amount, an amount equal to
4899	the sales taxes collected from admission to athletic events
4900	sponsored by a state university shall be retained and utilized
4901	by each university to support women's athletics.
4902	(3)  STATE BOARD OF EDUCATION.--The State Board of
4903	Education shall assure equal opportunity for female athletes at
4904	community colleges and establish:
4905	(a)  Guidelines for reporting of intercollegiate athletics
4906	data concerning financial, program, and facilities information
4907	for review by the State Board of Education annually.
4908	(b)  Systematic audits for the evaluation of such data.
4909	(c)  Criteria for determining and assuring equity.
4910	(4)  BOARD OF GOVERNORS.--The Board of Governors shall
4911	ensure equal opportunity for female athletes at state
4912	universities and establish:
4913	(a)  Guidelines for reporting of intercollegiate athletics
4914	data concerning financial, program, and facilities information
4915	for review by the Board of Governors annually.
4916	(b)  Systematic audits for the evaluation of such data.
4917	(c)  Criteria for determining and ensuring equity.
4918	Section 106.  Subsection (2) of section 1007.01, Florida
4919	Statutes, is amended to read:
4920	1007.01  Articulation; legislative intent; purpose; role of
4921	the State Board of Education.--
4922	(2)  To improve and facilitate articulation systemwide, the
4923	State Board of Education and the Board of Governors shall
4924	recommend develop policies and guidelines to the Legislature
4925	with input from statewide K-20 advisory groups established by
4926	the Commissioner of Education relating to:
4927	(a)  The alignment between the exit requirements of one
4928	system and the admissions requirements of another system into
4929	which students typically transfer.
4930	(b)  The identification of common courses, the level of
4931	courses, institutional participation in a statewide course
4932	numbering system, and the transferability of credits among such
4933	institutions.
4934	(c)  Identification of courses that meet general education
4935	or common degree program prerequisite requirements at public
4936	postsecondary educational institutions.
4937	(d)  Dual enrollment course equivalencies.
4938	(e)  Articulation agreements.
4939	Section 107.  Subsection (1) of section 1007.22, Florida
4940	Statutes, is amended to read:
4941	1007.22  Articulation; postsecondary institution
4942	coordination and collaboration.--
4943	(1)  The university boards of trustees, community college
4944	boards of trustees, and district school boards are encouraged to
4945	may establish intrainstitutional and interinstitutional programs
4946	to maximize articulation. Programs may include upper-division-
4947	level courses offered at the community college, distance
4948	learning, transfer agreements that facilitate the transfer of
4949	credits between public and nonpublic postsecondary institutions,
4950	and the concurrent enrollment of students at a community college
4951	and a state university to enable students to take any level of
4952	baccalaureate degree coursework.
4953	Section 108.  Subsections (1) and (2) of section 1007.23,
4954	Florida Statutes, are amended, and subsection (6) is added to
4955	that section, to read:
4956	1007.23  Statewide articulation agreement.--
4957	(1)  To maximize the use of funds appropriated by the
4958	Legislature to provide Florida residents with affordable access
4959	to postsecondary education programs at public postsecondary
4960	educational institutions, the State Board of Education and the
4961	Board of Governors shall enter into establish in rule a
4962	statewide articulation agreement that governs:
4963	(a)  Articulation between secondary and postsecondary
4964	education;
4965	(b)  Admission of associate in arts degree graduates from
4966	community colleges and state universities;
4967	(c)  Admission of applied technology diploma program
4968	graduates from community colleges or career centers;
4969	(d)  Admission of associate in science degree and associate
4970	in applied science degree graduates from community colleges;
4971	(e)  The use of acceleration mechanisms, including
4972	nationally standardized examinations through which students may
4973	earn credit;
4974	(f)  General education requirements and statewide course
4975	numbers as provided for in ss. 1007.24 and 1007.25; and
4976	(g)  Articulation among programs in nursing.
4977	(2)  The articulation agreement must specifically provide
4978	that every associate in arts graduate of a community college
4979	shall have met all general education requirements and must be
4980	granted admission to the upper division of a state university
4981	except to a limited access or teacher certification program or a
4982	major program requiring an audition. After admission has been
4983	granted to students under provisions of this section and to
4984	university students who have successfully completed 60 credit
4985	hours of coursework, including 36 hours of general education,
4986	and met the requirements of s. 1008.29, admission shall be
4987	granted to state university and community college students who
4988	have successfully completed 60 credit hours of work, including
4989	36 hours of general education. Community college associate in
4990	arts graduates shall receive priority for admission to a state
4991	university over out-of-state students. Orientation programs and
4992	student handbooks provided to freshman enrollees and transfer
4993	students at state universities must include an explanation of
4994	this provision of the articulation agreement.
4995	(6)  Complaints regarding an institution's failure to
4996	comply with the provisions of the statewide articulation
4997	agreement required by subsection (1) or legislative intent
4998	regarding the articulation of students as expressed in this
4999	chapter shall be forwarded to the State Board of Education and
5000	the Board of Governors for investigation and resolution. Each
5001	public postsecondary educational institution shall advise
5002	applicants and students of this process. The boards shall
5003	annually report to the Executive Office of the Governor, the
5004	President of the Senate, and the Speaker of the House of
5005	Representatives on the investigations conducted pursuant to this
5006	subsection and outcomes of such investigations. Any public
5007	postsecondary educational institution found to have violated the
5008	terms of the statewide articulation agreement required by
5009	subsection (1) or the legislative intent of articulation of
5010	students as expressed in this chapter may be penalized at a rate
5011	equal to 5 times the value of the funding level for upper-level
5012	full-time equivalent enrollment for each occurrence.
5013	Section 109.  Subsections (1), (2), (3), (4), and (7) of
5014	section 1007.24, Florida Statutes, are amended to read:
5015	1007.24  Statewide course numbering system.--
5016	(1)  To maximize the use of funds appropriated by the
5017	Legislature to provide Florida residents with affordable access
5018	to postsecondary education programs at public postsecondary
5019	educational institutions, the Department of Education shall
5020	develop, coordinate, and maintain a statewide course numbering
5021	system for postsecondary and dual enrollment education in school
5022	districts, public postsecondary educational institutions, and
5023	participating nonpublic postsecondary educational institutions.
5024	It is the intent of the Legislature that the statewide course
5025	numbering system that will improve program planning, increase
5026	communication among all delivery systems, and facilitate student
5027	acceleration and the transfer of students and credits between
5028	public school districts, public postsecondary educational
5029	institutions, and participating nonpublic educational
5030	institutions. The continuing maintenance of the system shall be
5031	accomplished with the assistance of appropriate faculty
5032	committees representing public and participating nonpublic
5033	educational institutions.
5034	(2)  The Commissioner of Education, in conjunction with the
5035	Chancellor of the State University System, shall appoint faculty
5036	committees representing faculties of participating institutions
5037	to recommend a single level for each course, including
5038	postsecondary career education courses, included in the
5039	statewide course numbering system.
5040	(a)  Any course designated as an upper-division-level
5041	course must be characterized by a need for advanced academic
5042	preparation and skills that a student would be unlikely to
5043	achieve without significant prior coursework.
5044	(b)  A course that is offered as part of an associate in
5045	science degree program and as an upper-division course for a
5046	baccalaureate degree shall be designated for both the lower and
5047	upper division.
5048	(c)  A course designated as lower-division may be offered
5049	by any community college.
5050	(3)  The Commissioner of Education shall recommend to the
5051	State Board of Education the levels for the courses. The State
5052	Board of Education, with input from the Board of Governors,
5053	shall approve the levels for the courses.
5054	(4)  The statewide course numbering system shall include
5055	the courses at the approved recommended levels.
5056	(7)  To maximize the use of funds appropriated by the
5057	Legislature to provide access to a postsecondary education, any
5058	student who transfers among postsecondary institutions that are
5059	fully accredited by a regional or national accrediting agency
5060	recognized by the United States Department of Education and that
5061	participate in the statewide course numbering system shall be
5062	awarded credit by the receiving institution for courses
5063	satisfactorily completed by the student at the previous
5064	institutions. Credit shall be awarded if the courses are judged
5065	by the appropriate statewide course numbering system faculty
5066	committees representing school districts, public postsecondary
5067	educational institutions, and participating nonpublic
5068	postsecondary educational institutions to be academically
5069	equivalent to courses offered at the receiving institution,
5070	including equivalency of faculty credentials, regardless of the
5071	public or nonpublic control of the previous institution. The
5072	Department of Education shall ensure that credits to be accepted
5073	by a receiving institution are generated in courses for which
5074	the faculty possess credentials that are comparable to those
5075	required by the accrediting association of the receiving
5076	institution. The award of credit may be limited to courses that
5077	are entered in the statewide course numbering system. Credits
5078	awarded pursuant to this subsection shall satisfy institutional
5079	requirements on the same basis as credits awarded to native
5080	students.
5081	Section 110.  Subsections (3), (5), (6), (8), (9), and (11)
5082	of section 1007.25, Florida Statutes, are amended to read:
5083	1007.25  General education courses; common prerequisites;
5084	and other degree requirements.--
5085	(3)  The department shall identify those courses that meet
5086	general education requirements within the subject areas of
5087	communication, mathematics, social sciences, humanities, and
5088	natural sciences. The courses shall be identified by their
5089	statewide course code number. To maximize the use of funds
5090	appropriated by the Legislature to provide Florida residents
5091	with affordable access to postsecondary education programs at
5092	public postsecondary educational institutions, all public
5093	postsecondary educational institutions shall accept these
5094	general education courses.
5095	(5)  The department shall identify common prerequisite
5096	courses and course substitutions for degree programs across all
5097	institutions. To maximize the use of funds appropriated by the
5098	Legislature to provide Florida residents with affordable access
5099	to postsecondary education programs at public postsecondary
5100	educational institutions, common degree program prerequisites
5101	shall be offered and accepted by all state universities and
5102	community colleges, except in cases approved by the State Board
5103	of Education for community colleges and the Board of Governors
5104	for state universities pursuant to s. 1001.02(2)(x). The
5105	department shall develop a centralized database containing the
5106	list of courses and course substitutions that meet the
5107	prerequisite requirements for each baccalaureate degree program.
5108	(6)  The boards of trustees of the community colleges and
5109	state universities shall identify their core curricula, which
5110	shall include courses required by the State Board of Education.
5111	The boards of trustees of the state universities shall identify
5112	their core curricula, which shall include courses required by
5113	the Board of Governors. The universities and community colleges
5114	shall work with their school districts to assure that high
5115	school curricula coordinate with the core curricula and to
5116	prepare students for college-level work. Core curricula for
5117	associate in arts programs shall be adopted in rule by the State
5118	Board of Education and shall include 36 semester hours of
5119	general education courses in the subject areas of communication,
5120	mathematics, social sciences, humanities, and natural sciences.
5121	(8)  To maximize the use of funds appropriated by the
5122	Legislature to provide Florida residents with affordable access
5123	to undergraduate degree programs, a baccalaureate degree program
5124	shall require no more than 120 semester hours of college credit,
5125	including 36 semester hours of general education coursework,
5126	unless prior approval has been granted by the Board of Governors
5127	for baccalaureate degree programs offered by state universities
5128	and by the State Board of Education for baccalaureate degree
5129	programs offered by community colleges.
5130	(9)  A student who received an associate in arts degree for
5131	successfully completing 60 semester credit hours may continue to
5132	earn additional credits at a community college. The university
5133	must provide credit toward the student's baccalaureate degree
5134	for an additional community college course if, according to the
5135	statewide course numbering, the community college course is a
5136	course listed in the university catalog as required for the
5137	degree or as prerequisite to a course required for the degree.
5138	Of the courses required for the degree, at least half of the
5139	credit hours required for the degree shall be achievable through
5140	courses designated as lower division, except in degree programs
5141	approved by the State Board of Education for programs offered by
5142	community colleges and by the Board of Governors for programs
5143	offered by state universities.
5144	(11)  The Commissioner of Education shall appoint faculty
5145	committees representing both community college and public school
5146	faculties to recommend to the commissioner for approval by the
5147	State Board of Education a standard program length and
5148	appropriate occupational completion points for each
5149	postsecondary career certificate program, diploma, and degree
5150	offered by a school district or a community college.
5151	Section 111.  Section 1007.262, Florida Statutes, is
5152	amended to read:
5153	1007.262  Foreign language competence; equivalence
5154	determinations.--The Department of Education shall identify the
5155	competencies demonstrated by students upon the successful
5156	completion of 2 credits of sequential high school foreign
5157	language instruction. For the purpose of determining
5158	postsecondary equivalence pursuant to s. 1007.261(1)(b), the
5159	department shall develop rules through which community colleges
5160	correlate such competencies to the competencies required of
5161	students in the colleges' respective courses. Based on this
5162	correlation, each community college shall identify the minimum
5163	number of postsecondary credits that students must earn in order
5164	to demonstrate a level of competence in a foreign language at
5165	least equivalent to that of students who have completed 2
5166	credits of such instruction in high school. The department may
5167	also specify alternative means by which students can demonstrate
5168	equivalent foreign language competence, including means by which
5169	a student whose native language is not English may demonstrate
5170	proficiency in the native language. A student who demonstrates
5171	proficiency in a native language other than English may be is
5172	exempt from a the requirement of completing foreign language
5173	courses at the secondary or postsecondary level.
5174	Section 112.  Section 1007.264, Florida Statutes, is
5175	amended to read:
5176	1007.264  Impaired and learning disabled persons; admission
5177	to postsecondary educational institutions; substitute
5178	requirements; rules.--
5179	(1)  Any student with a disability, as defined in s.
5180	1007.02(2), except those students who have been documented as
5181	having mental retardation, shall be eligible for reasonable
5182	substitution for any requirement for admission into a public
5183	postsecondary educational institution where documentation can be
5184	provided that the person's failure to meet the admission
5185	requirement is related to the disability.
5186	(2)  The State Board of Education shall adopt rules to
5187	implement this section for community colleges and shall develop
5188	substitute admission requirements where appropriate.
5189	(3)  The Board of Governors shall adopt rules to implement
5190	this section for state universities and shall develop substitute
5191	admission requirements where appropriate.
5192	Section 113.  Section 1007.265, Florida Statutes, is
5193	amended to read:
5194	1007.265  Impaired and learning disabled persons;
5195	graduation, study program admission, and upper-division entry;
5196	substitute requirements; rules.--
5197	(1)  Any student with a disability, as defined in s.
5198	1007.02(2), in a public postsecondary educational institution,
5199	except those students who have been documented as having mental
5200	retardation, shall be eligible for reasonable substitution for
5201	any requirement for graduation, for admission into a program of
5202	study, or for entry into the upper division where documentation
5203	can be provided that the person's failure to meet the
5204	requirement is related to the disability and where failure to
5205	meet the graduation requirement or program admission requirement
5206	does not constitute a fundamental alteration in the nature of
5207	the program.
5208	(2)  The State Board of Education shall adopt rules to
5209	implement this section for community colleges and shall develop
5210	substitute requirements where appropriate.
5211	(3)  The Board of Governors shall adopt rules to implement
5212	this section for state universities and shall develop substitute
5213	requirements where appropriate.
5214	Section 114.  Subsections (3), (6), (7), (8), (9), and (11)
5215	of section 1007.27, Florida Statutes, are amended to read:
5216	1007.27  Articulated acceleration mechanisms.--
5217	(3)  To maximize the use of funds appropriated by the
5218	Legislature to provide Florida residents with affordable access
5219	to postsecondary education programs at public postsecondary
5220	educational institutions, each community college and state
5221	university must award credit for specific courses for which
5222	competency has been demonstrated by successful passage of one of
5223	the examinations in subsection (2) unless the award of credit
5224	duplicates credit already awarded. Community colleges and state
5225	universities may not exempt students from courses without the
5226	award of credit if competencies have been so demonstrated.
5227	(6)  Advanced placement shall be the enrollment of an
5228	eligible secondary student in a course offered through the
5229	Advanced Placement Program administered by the College Board.
5230	Postsecondary credit for an advanced placement course shall be
5231	limited to students who score a minimum of 3, on a 5-point
5232	scale, on the corresponding Advanced Placement Examination. The
5233	specific courses for which students receive such credit shall be
5234	identified in the statewide articulation agreement required by
5235	s. 1007.23(1) determined by the department. Students of Florida
5236	public secondary schools enrolled pursuant to this subsection
5237	shall be exempt from the payment of any fees for administration
5238	of the examination regardless of whether or not the student
5239	achieves a passing score on the examination.
5240	(7)  Credit by examination shall be the program through
5241	which secondary and postsecondary students generate
5242	postsecondary credit based on the receipt of a specified minimum
5243	score on nationally standardized general or subject-area
5244	examinations. For the purpose of statewide application, such
5245	examinations and the corresponding minimum scores required for
5246	an award of credit shall be delineated by the State Board of
5247	Education and the Board of Governors in the statewide
5248	articulation agreement required by s. 1007.23(1). The maximum
5249	credit generated by a student pursuant to this subsection shall
5250	be mitigated by any related postsecondary credit earned by the
5251	student prior to the administration of the examination. This
5252	subsection shall not preclude community colleges and
5253	universities from awarding credit by examination based on
5254	student performance on examinations developed within and
5255	recognized by the individual postsecondary institutions.
5256	(8)  The International Baccalaureate Program shall be the
5257	curriculum in which eligible secondary students are enrolled in
5258	a program of studies offered through the International
5259	Baccalaureate Program administered by the International
5260	Baccalaureate Office. The State Board of Education and the Board
5261	of Governors shall establish rules which specify in the
5262	statewide articulation agreement required by s. 1007.23(1) the
5263	cutoff scores and International Baccalaureate Examinations which
5264	will be used to grant postsecondary credit at community colleges
5265	and universities. Any changes to the cutoff scores such rules,
5266	which changes have the effect of raising the required cutoff
5267	score or of changing the International Baccalaureate
5268	Examinations which will be used to grant postsecondary credit,
5269	shall only apply to students taking International Baccalaureate
5270	Examinations after such changes rules are adopted by the State
5271	Board of Education and the Board of Governors. Students shall be
5272	awarded a maximum of 30 semester credit hours pursuant to this
5273	subsection. The specific course for which a student may receive
5274	receives such credit shall be specified in the statewide
5275	articulation agreement required by s. 1007.23(1) determined by
5276	the department. Students enrolled pursuant to this subsection
5277	shall be exempt from the payment of any fees for administration
5278	of the examinations regardless of whether or not the student
5279	achieves a passing score on the examination.
5280	(9)  The Advanced International Certificate of Education
5281	Program and the International General Certificate of Secondary
5282	Education (pre-AICE) Program shall be the curricula in which
5283	eligible secondary students are enrolled in programs of study
5284	offered through the Advanced International Certificate of
5285	Education Program or the International General Certificate of
5286	Secondary Education (pre-AICE) Program administered by the
5287	University of Cambridge Local Examinations Syndicate. The State
5288	Board of Education and the Board of Governors shall establish
5289	rules which specify in the statewide articulation agreement
5290	required by s. 1007.23(1) the cutoff scores and Advanced
5291	International Certificate of Education examinations which will
5292	be used to grant postsecondary credit at community colleges and
5293	universities. Any changes to the cutoff scores such rules, which
5294	changes have the effect of raising the required cutoff score or
5295	of changing the Advanced International Certification of
5296	Education examinations which will be used to grant postsecondary
5297	credit, shall apply to students taking Advanced International
5298	Certificate of Education examinations after such changes rules
5299	are adopted by the State Board of Education and the Board of
5300	Governors. Students shall be awarded a maximum of 30 semester
5301	credit hours pursuant to this subsection. The specific course
5302	for which a student may receive receives such credit shall be
5303	determined by the community college or university that accepts
5304	the student for admission. Students enrolled in either program
5305	of study pursuant to this subsection shall be exempt from the
5306	payment of any fees for administration of the examinations
5307	regardless of whether the student achieves a passing score on
5308	the examination.
5309	(11)(a)  The State Board of Education shall conduct a
5310	review of the extent to which the acceleration mechanisms
5311	authorized by this section are currently utilized by school
5312	districts and public postsecondary educational institutions and
5313	shall submit a report to the Governor and the Legislature by
5314	December 31, 2003.
5315	(b)  The report must include a summary of ongoing
5316	activities and a plan to increase and enhance the use of
5317	acceleration mechanisms as a way to shorten the length of time
5318	as well as the funding required for a student, including a
5319	student with a documented disability, to obtain a postsecondary
5320	degree.
5321	(c)  The review and plan shall address, but are not limited
5322	to, the following issues:
5323	1.  The manner in which students, including students with
5324	documented disabilities, are advised regarding the availability
5325	of acceleration mechanism options.
5326	2.  The availability of acceleration mechanism options to
5327	eligible students, including students with documented
5328	disabilities, who wish to participate.
5329	3.  The grading practices, including weighting of courses,
5330	of school districts and public postsecondary educational
5331	institutions with regard to credit earned through acceleration
5332	mechanisms.
5333	4.  The extent to which credit earned through an
5334	acceleration mechanism is used to meet the general education
5335	requirements of a public postsecondary educational institution.
5336	5.  The extent to which the secondary instruction
5337	associated with acceleration mechanism options could be offered
5338	at sites other than public K through 12 school sites to assist
5339	in meeting class size reduction needs.
5340	6.  The manner in which funding for instruction associated
5341	with acceleration mechanism options is provided.
5342	7.  The feasibility of providing students, including
5343	students with documented disabilities, the option of choosing
5344	Advanced Placement credit or College Level Examination Program
5345	(CLEP) credit as an alternative to dual enrollment credit upon
5346	completion of a dual enrollment course.
5347	Section 115.  Section 1007.28, Florida Statutes, is amended
5348	to read:
5349	1007.28  Computer-assisted student advising system.--The
5350	Department State Board of Education shall establish and maintain
5351	within the Department of Education a single, statewide computer-
5352	assisted student advising system, which must be an integral part
5353	of the process of advising, registering, and certifying students
5354	for graduation. It is intended that an advising system be the
5355	primary advising and tracking tool for students enrolled in
5356	public postsecondary educational institutions and must be
5357	accessible to all Florida students. The state universities and
5358	community colleges shall interface institutional systems with
5359	the computer-assisted advising system required by this section.
5360	The State Board of Education and the Board of Governors shall
5361	specify in the statewide articulation agreement required by s.
5362	1007.23(1) prescribe by rule the roles and responsibilities of
5363	the department, the state universities, and the community
5364	colleges in the design, implementation, promotion, development,
5365	and analysis of the system. The system shall consist of a degree
5366	audit and an articulation component that includes the following
5367	characteristics:
5368	(1)  The system shall constitute an integral part of the
5369	process of advising students and assisting them in course
5370	selection. The system shall be accessible to students in the
5371	following ways:
5372	(a)  A student must be able to access the system, at any
5373	time, to identify course options that will meet the requirements
5374	of a selected path toward a degree.
5375	(b)  A status report from the system shall be generated and
5376	sent with each grade report to each student enrolled in public
5377	postsecondary educational institutions with a declared major.
5378	(2)  The system shall be an integral part of the
5379	registration process at public postsecondary educational
5380	institutions. As part of the process, the system shall:
5381	(a)  Provide reports that document each student's status
5382	toward completion of a degree.
5383	(b)  Verify that a student has completed requirements for
5384	graduation.
5385	(3)  The system must provide students information related
5386	to career descriptions and corresponding educational
5387	requirements, admissions requirements, and available sources of
5388	student financial assistance. Such advising must enable students
5389	to examine their interests and aptitudes for the purpose of
5390	curricular and career planning.
5391	(4)  The system must provide management information to
5392	decisionmakers, including information relating student
5393	enrollment patterns and course demands to plans for
5394	corresponding course offerings and information useful in
5395	planning the student registration process.
5396	Section 116.  Subsection (3) of section 1007.33, Florida
5397	Statutes, is amended to read:
5398	1007.33  Site-determined baccalaureate degree access.--
5399	(3)  A community college may develop a proposal to deliver
5400	specified baccalaureate degree programs in its district to meet
5401	local workforce needs. The proposal must be submitted to the
5402	State Board of Education for approval. The community college's
5403	proposal must include the following information:
5404	(a)  Demand for the baccalaureate degree program is
5405	identified by the workforce development board, local businesses
5406	and industry, local chambers of commerce, and potential
5407	students.
5408	(b)  Unmet need for graduates of the proposed degree
5409	program is substantiated.
5410	(c)  The community college has the facilities and academic
5411	resources to deliver the program.
5412
5413	The proposal must be submitted to the Council for Education
5414	Policy Research and Improvement for review and comment. Upon
5415	approval of the State Board of Education for the specific degree
5416	program or programs, the community college shall pursue regional
5417	accreditation by the Commission on Colleges of the Southern
5418	Association of Colleges and Schools. Any additional
5419	baccalaureate degree programs the community college wishes to
5420	offer must be approved by the State Board of Education.
5421	Section 117.  Subsections (2), (4), (8), and (9) of section
5422	1008.29, Florida Statutes, are amended to read:
5423	1008.29  College-level communication and mathematics skills
5424	examination (CLAST).--
5425	(2)  To provide accountability for funds expended by public
5426	postsecondary educational institutions on college-level
5427	communication and mathematics instruction, public postsecondary
5428	educational institutions shall administer a minimum of two
5429	administrations, one of which may consist of an alternative
5430	administration, of the college-level communication and
5431	computation skills examination per academic term. Such
5432	administrations shall be available to all lower-division
5433	students seeking associate in arts or baccalaureate degrees upon
5434	completion of at least 18 semester hours or the equivalent.
5435	Public postsecondary educational institutions shall report at a
5436	minimum the examination scores of all students tested at each
5437	administration of the college-level communication and
5438	computation skills examination.
5439	(4)  The State Board of Education, in conjunction with the
5440	Board of Governors by rule, shall set the minimum scores that
5441	constitute successful completion of the examination. In
5442	establishing the minimum scores that constitute successful
5443	completion of the examination, the boards State Board of
5444	Education shall consider any possible negative impact of the
5445	tests on minority students. Determinations regarding a student's
5446	successful completion of the examination shall be based on the
5447	minimum standards prescribed by rule for the date the student
5448	initially takes the examination.
5449	(8)(a)  The State Board of Education, by rule, shall
5450	establish fees for the administration of the examination by
5451	community colleges at times other than regularly scheduled dates
5452	to accommodate examinees who are unable to be tested on those
5453	dates. The state board shall establish the conditions under
5454	which examinees may be admitted to the special administrations.
5455	(b)  The Board of Governors may establish fees for the
5456	administration of the examination by state universities at times
5457	other than regularly scheduled dates to accommodate examinees
5458	who are unable to be tested on those dates. The Board of
5459	Governors may establish the conditions under which examinees may
5460	be admitted to the special administrations.
5461	(9)  Any student fulfilling one or both of the following
5462	requirements before completion of associate in arts degree
5463	requirements or baccalaureate degree requirements is exempt from
5464	the testing requirements of this section:
5465	(a)  Achieves a score that meets or exceeds a minimum score
5466	on a nationally standardized examination, as established by the
5467	State Board of Education in conjunction with the Board of
5468	Governors; or
5469	(b)  Demonstrates successful remediation of any academic
5470	deficiencies identified by the college placement test and
5471	achieves a cumulative grade point average of 2.5 or above, on a
5472	4.0 scale, in postsecondary-level coursework identified by the
5473	State Board of Education in conjunction with the Board of
5474	Governors. The Department of Education shall specify the means
5475	by which a student may demonstrate successful remediation.
5476
5477	Any student denied a degree prior to January 1, 1996, based on
5478	the failure of at least one subtest of the CLAST may use either
5479	of the alternatives specified in this subsection for receipt of
5480	a degree if such student meets all degree program requirements
5481	at the time of application for the degree under the exemption
5482	provisions of this subsection. This section does not require a
5483	student to take the CLAST before being given the opportunity to
5484	use any of the alternatives specified in this subsection. The
5485	exemptions provided herein do not apply to requirements for
5486	certification as provided in s. 1012.56.
5487	Section 118.  Subsections (1) and (4) of section 1008.30,
5488	Florida Statutes, are amended to read:
5489	1008.30  Common placement testing for public postsecondary
5490	education.--
5491	(1)  The State Board of Education shall develop and
5492	implement a common placement test for the purpose of assessing
5493	the basic computation and communication skills of students who
5494	intend to enter a degree program at any public postsecondary
5495	educational institution. The State Board of Education shall
5496	adopt rules which enable Public postsecondary educational
5497	institutions shall provide to implement appropriate
5498	modifications of the test instruments or test procedures for
5499	students with disabilities.
5500	(4)(a)  Public postsecondary educational institution
5501	students who have been identified as requiring additional
5502	preparation pursuant to subsection (1) shall enroll in college-
5503	preparatory or other adult education pursuant to s. 1004.93 in
5504	community colleges to develop needed college-entry skills. These
5505	students shall be permitted to take courses within their degree
5506	program concurrently in other curriculum areas for which they
5507	are qualified while enrolled in college-preparatory instruction
5508	courses. A student enrolled in a college-preparatory course may
5509	concurrently enroll only in college credit courses that do not
5510	require the skills addressed in the college-preparatory course.
5511	The State Board of Education, in conjunction with the Board of
5512	Governors, shall specify the college credit courses that are
5513	acceptable for students enrolled in each college-preparatory
5514	skill area, pursuant to s. 1001.02(7)(g). A student who wishes
5515	to earn an associate in arts or a baccalaureate degree, but who
5516	is required to complete a college-preparatory course, must
5517	successfully complete the required college-preparatory studies
5518	by the time the student has accumulated 12 hours of lower-
5519	division college credit degree coursework; however, a student
5520	may continue enrollment in degree-earning coursework provided
5521	the student maintains enrollment in college-preparatory
5522	coursework for each subsequent semester until college-
5523	preparatory coursework requirements are completed, and the
5524	student demonstrates satisfactory performance in degree-earning
5525	coursework. A passing score on a standardized, institutionally
5526	developed test must be achieved before a student is considered
5527	to have met basic computation and communication skills
5528	requirements; however, no student shall be required to retake
5529	any test or subtest that was previously passed by said student.
5530	Credit awarded for college-preparatory instruction may not be
5531	counted toward fulfilling the number of credits required for a
5532	degree.
5533	(b)  A The university board of trustees may contract with a
5534	community college board of trustees for the community college to
5535	provide such instruction on the state university campus. Any
5536	state university in which the percentage of incoming students
5537	requiring college-preparatory instruction equals or exceeds the
5538	average percentage of such students for the community college
5539	system may offer college-preparatory instruction without
5540	contracting with a community college; however, any state
5541	university offering college-preparatory instruction as of
5542	January 1, 1996, may continue to provide such services.
5543	Section 119.  Section 1008.32, Florida Statutes, is amended
5544	to read:
5545	1008.32  State Board of Education oversight enforcement
5546	authority.--The State Board of Education shall oversee the
5547	performance of district school boards and community college
5548	boards of trustees public postsecondary educational institution
5549	boards in enforcement of all laws and rules. District school
5550	boards and community college boards of trustees public
5551	postsecondary educational institution boards shall be primarily
5552	responsible for compliance with law and state board rule.
5553	(1)  In order to ensure compliance with law or state board
5554	rule, the State Board of Education shall have the authority to
5555	request and receive information, data, and reports from school
5556	districts and community colleges public postsecondary
5557	educational institutions. District school superintendents and
5558	community college public postsecondary educational institution
5559	presidents are responsible for the accuracy of the information
5560	and data reported to the state board.
5561	(2)  The Commissioner of Education may investigate
5562	allegations of noncompliance with law or state board rule and
5563	determine probable cause. The commissioner shall report
5564	determinations of probable cause to the State Board of Education
5565	which shall require the district school board or community
5566	college board of trustees public postsecondary educational
5567	institution board to document compliance with law or state board
5568	rule.
5569	(3)  If the district school board or community college
5570	board of trustees public postsecondary educational institution
5571	board cannot satisfactorily document compliance, the State Board
5572	of Education may order compliance within a specified timeframe.
5573	(4)  If the State Board of Education determines that a
5574	district school board or community college board of trustees
5575	public postsecondary educational institution board is unwilling
5576	or unable to comply with law or state board rule within the
5577	specified time, the state board shall have the authority to
5578	initiate any of the following actions:
5579	(a)  Report to the Legislature that the school district or
5580	community college public postsecondary educational institution
5581	has been unwilling or unable to comply with law or state board
5582	rule and recommend action to be taken by the Legislature.
5583	(b)  Reduce the discretionary lottery appropriation until
5584	the school district or community college public postsecondary
5585	education institution complies with the law or state board rule.
5586	(c)  Withhold the transfer of state funds, discretionary
5587	grant funds, or any other funds specified as eligible for this
5588	purpose by the Legislature until the school district or
5589	community college public postsecondary educational institution
5590	complies with the law or state board rule.
5591	(d)  Declare the school district or community college
5592	public postsecondary educational institution ineligible for
5593	competitive grants.
5594	(e)  Require monthly or periodic reporting on the situation
5595	related to noncompliance until it is remedied.
5596	(5)  Nothing in this section shall be construed to create a
5597	private cause of action or create any rights for individuals or
5598	entities in addition to those provided elsewhere in law or rule.
5599	Section 120.  Section 1008.321, Florida Statutes, is
5600	created to read:
5601	1008.321  Board of Governors oversight enforcement
5602	authority.--The Board of Governors shall oversee the performance
5603	of state university boards of trustees in enforcement of all
5604	laws, rules, regulations, and requirements. State university
5605	boards of trustees shall be primarily responsible for compliance
5606	with laws, rules, regulations, and requirements.
5607	(1)  In order to ensure compliance, the Board of Governors
5608	shall have the authority to request and receive information,
5609	data, and reports from state universities. State university
5610	presidents are responsible for the accuracy of the information
5611	and data reported to the Board of Governors.
5612	(2)  The Board of Governors may investigate allegations of
5613	noncompliance and determine probable cause. The Board of
5614	Governors may require the state university board of trustees to
5615	document compliance.
5616	(3)  If the state university board of trustees cannot
5617	satisfactorily document compliance, the Board of Governors may
5618	order compliance within a specified timeframe.
5619	(4)  If the Board of Governors determines that a state
5620	university board of trustees is unwilling or unable to comply
5621	within the specified time, the Board of Governors shall have the
5622	authority to initiate any of the following actions:
5623	(a)  Report to the Legislature that the state university
5624	has been unwilling or unable to comply and recommend action to
5625	be taken by the Legislature.
5626	(b)  Declare the state university ineligible for
5627	competitive grants.
5628	(c)  Require monthly or periodic reporting on the situation
5629	related to noncompliance until it is remedied.
5630	(5)  Nothing in this section shall be construed to create a
5631	private cause of action or create any rights for individuals or
5632	entities in addition to those provided elsewhere in law or rule.
5633	Section 121.  Paragraphs (e) through (i) of subsection (8)
5634	of section 1008.345, Florida Statutes, are amended to read:
5635	1008.345  Implementation of state system of school
5636	improvement and education accountability.--
5637	(8)  As a part of the system of educational accountability,
5638	the Department of Education shall:
5639	(e)  Maintain a listing of college-level communication and
5640	mathematics skills defined pursuant to s. 1008.29 by the State
5641	Board of Education as being associated with successful student
5642	performance through the baccalaureate level and submit it the
5643	same to the State Board of Education and the Board of Governors
5644	for approval.
5645	(f)  Maintain a listing of tests and other assessment
5646	procedures which measure and diagnose student achievement of
5647	college-level communication and computation skills and submit it
5648	the same to the State Board of Education and the Board of
5649	Governors for approval.
5650	(g)  Maintain for the information of the State Board of
5651	Education, the Board of Governors, and the Legislature a file of
5652	data to reflect achievement of college-level communication and
5653	mathematics competencies by students in state universities and
5654	community colleges.
5655	(h)  Develop or contract for, and submit to the State Board
5656	of Education and the Board of Governors for approval, tests
5657	which measure and diagnose student achievement of college-level
5658	communication and mathematics skills. Any tests and related
5659	documents developed are exempt from the provisions of s.
5660	119.07(1). The commissioner shall maintain statewide
5661	responsibility for the administration of such tests and may
5662	assign administrative responsibilities for the tests to any
5663	state university or community college. The state board, upon
5664	recommendation of the commissioner, may enter into contracts for
5665	such services beginning in one fiscal year and continuing into
5666	the next year which are paid from the appropriation for either
5667	or both fiscal years.
5668	(i)  Perform any other functions that may be involved in
5669	educational planning, research, and evaluation or that may be
5670	required by the commissioner, the State Board of Education, the
5671	Board of Governors, or law.
5672	Section 122.  Subsections (1) and (2) of section 1008.37,
5673	Florida Statutes, are amended to read:
5674	1008.37  Postsecondary feedback of information to high
5675	schools.--
5676	(1)  The State Board of Education shall adopt rules that
5677	require the Commissioner of Education shall to report to the
5678	State Board of Education, the Board of Governors, the
5679	Legislature, and the district school boards on the performance
5680	of each first-time-in-postsecondary education student from each
5681	public high school in this state who is enrolled in a public
5682	postsecondary institution or public career center. Such reports
5683	must be based on information databases maintained by the
5684	Department of Education. In addition, the public postsecondary
5685	educational institutions and career centers shall provide
5686	district school boards access to information on student
5687	performance in regular and preparatory courses and shall
5688	indicate students referred for remediation pursuant to s.
5689	1004.91 or s. 1008.30.
5690	(2)  The Commissioner of Education shall report, by high
5691	school, to the State Board of Education, the Board of Governors,
5692	and the Legislature, no later than November 30 of each year, on
5693	the number of prior year Florida high school graduates who
5694	enrolled for the first time in public postsecondary education in
5695	this state during the previous summer, fall, or spring term,
5696	indicating the number of students whose scores on the common
5697	placement test indicated the need for remediation through
5698	college-preparatory or vocational-preparatory instruction
5699	pursuant to s. 1004.91 or s. 1008.30.
5700	Section 123.  Section 1008.38, Florida Statutes, is amended
5701	to read:
5702	1008.38  Articulation accountability process.--The State
5703	Board of Education, in conjunction with the Board of Governors,
5704	shall develop articulation accountability measures which assess
5705	the status of systemwide articulation processes authorized under
5706	s. 1007.23 and. The State Board of Education shall establish an
5707	articulation accountability process which at a minimum shall
5708	address:
5709	(1)  The impact of articulation processes on ensuring
5710	educational continuity and the orderly and unobstructed
5711	transition of students between public secondary and
5712	postsecondary education systems and facilitating the transition
5713	of students between the public and private sectors.
5714	(2)  The adequacy of preparation of public secondary
5715	students to smoothly articulate to a public postsecondary
5716	institution.
5717	(3)  The effectiveness of articulated acceleration
5718	mechanisms available to secondary students.
5719	(4)  The smooth transfer of community college associate in
5720	arts degree graduates to a state university.
5721	(5)  An examination of degree requirements that exceed the
5722	parameters of 60 credit hours for an associate degree and 120
5723	hours for a baccalaureate degree in public postsecondary
5724	programs.
5725	(6)  The relationship between the College Level Academic
5726	Skills Test Program and articulation to the upper division in
5727	public postsecondary institutions.
5728	Section 124.  Paragraph (h) of subsection (1) of section
5729	1008.45, Florida Statutes, is amended to read:
5730	1008.45  Community college accountability process.--
5731	(1)  It is the intent of the Legislature that a management
5732	and accountability process be implemented which provides for the
5733	systematic, ongoing improvement and assessment of the
5734	improvement of the quality and efficiency of the Florida
5735	community colleges. Accordingly, the State Board of Education
5736	and the community college boards of trustees shall develop and
5737	implement an accountability plan to improve and evaluate the
5738	instructional and administrative efficiency and effectiveness of
5739	the Florida Community College System. This plan shall be
5740	designed in consultation with staff of the Governor and the
5741	Legislature and must address the following issues:
5742	(h)  Other measures as identified by the Council for
5743	Education Policy Research and Improvement and approved by the
5744	State Board of Education.
5745	Section 125.  Section 1008.46, Florida Statutes, is amended
5746	to read:
5747	1008.46  State university accountability process.--It is
5748	the intent of the Legislature that an accountability process be
5749	implemented that provides for the systematic, ongoing evaluation
5750	of quality and effectiveness of state universities. It is
5751	further the intent of the Legislature that this accountability
5752	process monitor performance at the system level in each of the
5753	major areas of instruction, research, and public service, while
5754	recognizing the differing missions of each of the state
5755	universities. The accountability process shall provide for the
5756	adoption of systemwide performance standards and performance
5757	goals for each standard identified through a collaborative
5758	effort involving state universities, the Board of Governors, the
5759	Legislature, and the Governor's Office. These standards and
5760	goals shall be consistent with s. 216.011(1) to maintain
5761	congruity with the performance-based budgeting process. This
5762	process requires that university accountability reports reflect
5763	measures defined through performance-based budgeting. The
5764	performance-based budgeting measures must also reflect the
5765	elements of teaching, research, and service inherent in the
5766	missions of the state universities.
5767	(1)  By December 31 of each year, the Board of Governors
5768	State Board of Education shall submit an annual accountability
5769	report providing information on the implementation of
5770	performance standards, actions taken to improve university
5771	achievement of performance goals, the achievement of performance
5772	goals during the prior year, and initiatives to be undertaken
5773	during the next year. The accountability reports shall be
5774	designed in consultation with the Governor's Office, the Office
5775	of Program Policy Analysis and Government Accountability, and
5776	the Legislature.
5777	(2)  The Board of Governors State Board of Education shall
5778	recommend in the annual accountability report any appropriate
5779	modifications to this section.
5780	Section 126.  Subsection (2) of section 1009.01, Florida
5781	Statutes, is amended to read:
5782	1009.01  Definitions.--The term:
5783	(2)  "Out-of-state fee" means the additional fee for
5784	instruction provided by a public postsecondary educational
5785	institution in this state, which fee is charged to a student who
5786	does not qualify for the in-state tuition rate pursuant to s.
5787	1009.21 non-Florida student as defined in rules of the State
5788	Board of Education. A charge for any other purpose shall not be
5789	included within this fee.
5790	Section 127.  Section 1009.21, Florida Statutes, is amended
5791	to read:
5792	1009.21  Determination of resident status for tuition
5793	purposes and student eligibility for state financial aid awards
5794	and tuition assistance grants.--Students shall be classified as
5795	residents or nonresidents for the purpose of assessing tuition
5796	in community colleges and state universities and for the purpose
5797	of determining student eligibility for state financial aid
5798	awards and tuition assistance grants.
5799	(1)  As used in this section, the term:
5800	(a)  The term "Dependent child" means any person, whether
5801	or not living with his or her parent, who is eligible to be
5802	claimed by his or her parent as a dependent under the federal
5803	income tax code.
5804	(b)  "Initial enrollment" means the first day of class at
5805	an institution of higher education.
5806	(c)(b)  The term "Institution of higher education" means
5807	any public community college or state university or any
5808	institution eligible to participate in a program established
5809	pursuant to s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s.
5810	1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
5811	1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s.
5812	1009.77, s. 1009.89, or s. 1009.891.
5813	(d)(c)  A "Legal resident" or "resident" means is a person
5814	who has maintained his or her residence in this state for the
5815	preceding year, has purchased a home which is occupied by him or
5816	her as his or her residence, or has established a domicile in
5817	this state pursuant to s. 222.17.
5818	(e)  "Nonresident for tuition purposes" means a person who
5819	does not qualify for the in-state tuition rate.
5820	(f)(d)  The term "Parent" means the natural or adoptive
5821	parent or legal guardian of a dependent child.
5822	(g)(e)  A "Resident for tuition purposes" means is a person
5823	who qualifies as provided in subsection (2) for the in-state
5824	tuition rate; a "nonresident for tuition purposes" is a person
5825	who does not qualify for the in-state tuition rate.
5826	(2)(a)  To qualify as a resident for tuition purposes:
5827	1.  A person or, if that person is a dependent child, his
5828	or her parent or parents must have established legal residence
5829	in this state and must have maintained legal residence in this
5830	state for at least 12 consecutive months immediately prior to
5831	his or her initial enrollment in an institution of higher
5832	education qualification. Legal residence must be established by
5833	written or electronic verification that includes two or more of
5834	the following Florida documents that demonstrate clear and
5835	convincing evidence of continuous residence in the state for at
5836	least 12 consecutive months prior to the student's initial
5837	enrollment in an institution of higher education: a voter
5838	information card pursuant to s. 97.071; a driver's license; an
5839	identification card issued by the State of Florida; a vehicle
5840	registration; a declaration of domicile; proof of purchase of a
5841	permanent home; a transcript from a Florida high school; a
5842	Florida GED diploma and transcript; proof of permanent full-time
5843	employment; proof of 12 consecutive months of payment of utility
5844	bills; a domicile lease and proof of 12 consecutive months of
5845	payments; or other official state or court documents evidencing
5846	legal ties to Florida. No single piece of evidence shall be
5847	conclusive.
5848	2.  Every applicant for admission to an institution of
5849	higher education shall be required to make a statement as to his
5850	or her length of residence in the state and, further, shall
5851	establish that his or her presence or, if the applicant is a
5852	dependent child, the presence of his or her parent or parents in
5853	the state currently is, and during the requisite 12-month
5854	qualifying period was, for the purpose of maintaining a bona
5855	fide domicile, rather than for the purpose of maintaining a mere
5856	temporary residence or abode incident to enrollment in an
5857	institution of higher education.
5858	(b)  However, with respect to a dependent child living with
5859	an adult relative other than the child's parent, such child may
5860	qualify as a resident for tuition purposes if the adult relative
5861	is a legal resident who has maintained legal residence in this
5862	state for at least 12 consecutive months immediately prior to
5863	the child's initial enrollment in an institution of higher
5864	education qualification, provided the child has resided
5865	continuously with such relative for the 5 years immediately
5866	prior to the child's initial enrollment qualification, during
5867	which time the adult relative has exercised day-to-day care,
5868	supervision, and control of the child.
5869	(c)  The legal residence of a dependent child whose parents
5870	are divorced, separated, or otherwise living apart will be
5871	deemed to be this state if either parent is a legal resident of
5872	this state, regardless of which parent is entitled to claim, and
5873	does in fact claim, the minor as a dependent pursuant to federal
5874	individual income tax provisions.
5875	(d)  A person who is classified as a nonresident for
5876	tuition purposes may become eligible for reclassification as a
5877	resident for tuition purposes if that person or, if that person
5878	is a dependent child, his or her parent presents clear and
5879	convincing evidence that supports permanent residency in this
5880	state rather than temporary residency for the purpose of
5881	pursuing an education, such as documentation of full-time
5882	permanent employment for the prior 12 months or the purchase of
5883	a home in this state and residence therein for the prior 12
5884	months. If a person who is a dependent child and his or her
5885	parent move to this state while such child is a high school
5886	student and the child graduates from a high school in this
5887	state, the child may become eligible for reclassification as a
5888	resident for tuition purposes when the parent qualifies for
5889	permanent residency.
5890	(3)(a)  An individual shall not be classified as a resident
5891	for tuition purposes and, thus, shall not be eligible to receive
5892	the in-state tuition rate until he or she has provided such
5893	evidence related to legal residence and its duration or, if that
5894	individual is a dependent child, documentation of his or her
5895	parent's legal residence and its duration, as well as
5896	documentation confirming his or her status as a dependent child,
5897	as may be required by law and by officials of the institution of
5898	higher education from which he or she seeks the in-state tuition
5899	rate. The documentation shall provide clear and convincing
5900	evidence that residency in this state was for a minimum of 12
5901	months prior to the student's initial enrollment in an
5902	institution of higher education. No single piece of evidence
5903	shall be conclusive.
5904	(b)  Each institution of higher education must:
5905	1.  Determine whether an applicant who has been granted
5906	admission to that institution is a dependent child.
5907	2.  Affirmatively determine that an applicant who has been
5908	granted admission to that institution as a Florida resident
5909	meets the residency requirements of this section at the time of
5910	initial enrollment.
5911	(4)  With respect to a dependent child, the legal residence
5912	of such individual's parent or parents is prima facie evidence
5913	of the individual's legal residence, which evidence may be
5914	reinforced or rebutted, relative to the age and general
5915	circumstances of the individual, by the other evidence of legal
5916	residence required of or presented by the individual. However,
5917	the legal residence of an individual whose parent or parents are
5918	domiciled outside this state is not prima facie evidence of the
5919	individual's legal residence if that individual has lived in
5920	this state for 5 consecutive years prior to enrolling or
5921	reregistering at the institution of higher education at which
5922	resident status for tuition purposes is sought.
5923	(5)  In making a domiciliary determination related to the
5924	classification of a person as a resident or nonresident for
5925	tuition purposes, the domicile of a married person, irrespective
5926	of sex, shall be determined, as in the case of an unmarried
5927	person, by reference to all relevant evidence of domiciliary
5928	intent. For the purposes of this section:
5929	(a)  A person shall not be precluded from establishing or
5930	maintaining legal residence in this state and subsequently
5931	qualifying or continuing to qualify as a resident for tuition
5932	purposes solely by reason of marriage to a person domiciled
5933	outside this state, even when that person's spouse continues to
5934	be domiciled outside of this state, provided such person
5935	maintains his or her legal residence in this state.
5936	(b)  A person shall not be deemed to have established or
5937	maintained a legal residence in this state and subsequently to
5938	have qualified or continued to qualify as a resident for tuition
5939	purposes solely by reason of marriage to a person domiciled in
5940	this state.
5941	(c)  In determining the domicile of a married person,
5942	irrespective of sex, the fact of the marriage and the place of
5943	domicile of such person's spouse shall be deemed relevant
5944	evidence to be considered in ascertaining domiciliary intent.
5945	(6)  Any nonresident person, irrespective of sex, who
5946	marries a legal resident of this state or marries a person who
5947	later becomes a legal resident may, upon becoming a legal
5948	resident of this state, accede to the benefit of the spouse's
5949	immediately precedent duration as a legal resident for purposes
5950	of satisfying the 12-month durational requirement of this
5951	section.
5952	(7)  A person shall not lose his or her resident status for
5953	tuition purposes solely by reason of serving, or, if such person
5954	is a dependent child, by reason of his or her parent's or
5955	parents' serving, in the Armed Forces outside this state.
5956	(8)  A person who has been properly classified as a
5957	resident for tuition purposes but who, while enrolled in an
5958	institution of higher education in this state, loses his or her
5959	resident tuition status because the person or, if he or she is a
5960	dependent child, the person's parent or parents establish
5961	domicile or legal residence elsewhere shall continue to enjoy
5962	the in-state tuition rate for a statutory grace period, which
5963	period shall be measured from the date on which the
5964	circumstances arose that culminated in the loss of resident
5965	tuition status and shall continue for 12 months. However, if the
5966	12-month grace period ends during a semester or academic term
5967	for which such former resident is enrolled, such grace period
5968	shall be extended to the end of that semester or academic term.
5969	(9)  Any person who ceases to be enrolled at or who
5970	graduates from an institution of higher education while
5971	classified as a resident for tuition purposes and who
5972	subsequently abandons his or her domicile in this state shall be
5973	permitted to reenroll at an institution of higher education in
5974	this state as a resident for tuition purposes without the
5975	necessity of meeting the 12-month durational requirement of this
5976	section if that person has reestablished his or her domicile in
5977	this state within 12 months of such abandonment and continuously
5978	maintains the reestablished domicile during the period of
5979	enrollment. The benefit of this subsection shall not be accorded
5980	more than once to any one person.
5981	(10)  The following persons shall be classified as
5982	residents for tuition purposes:
5983	(a)  Active duty members of the Armed Services of the
5984	United States residing or stationed in this state, their
5985	spouses, and dependent children, and active members of the
5986	Florida National Guard who qualify under s. 250.10(7) and (8)
5987	for the tuition assistance program. In the event that such
5988	active duty personnel are redeployed outside of the state while
5989	such personnel, their spouses, or their dependent children are
5990	enrolled as degree-seeking students at a Florida institution of
5991	higher education, such persons shall continue to be residents
5992	for tuition purposes until the completion of the degree.
5993	(b)  Active duty members of the Armed Services of the
5994	United States and their spouses and dependents attending a
5995	public community college or state university within 50 miles of
5996	the military establishment where they are stationed, if such
5997	military establishment is within a county contiguous to Florida.
5998	(c)  United States citizens living on the Isthmus of
5999	Panama, who have completed 12 consecutive months of college work
6000	at the Florida State University Panama Canal Branch, and their
6001	spouses and dependent children.
6002	(d)  Full-time instructional and administrative personnel
6003	employed by state public schools, community colleges, and
6004	institutions of higher education, as defined in s. 1000.04, and
6005	their spouses and dependent children.
6006	(e)  Students from Latin America and the Caribbean who
6007	receive scholarships from the federal or state government. Any
6008	student classified pursuant to this paragraph shall attend, on a
6009	full-time basis, a Florida institution of higher education.
6010	(f)  Southern Regional Education Board's Academic Common
6011	Market graduate students attending Florida's state universities.
6012	(g)  Full-time employees of state agencies or political
6013	subdivisions of the state when the student fees are paid by the
6014	state agency or political subdivision for the purpose of job-
6015	related law enforcement or corrections training.
6016	(h)  McKnight Doctoral Fellows and Finalists who are United
6017	States citizens.
6018	(i)  United States citizens living outside the United
6019	States who are teaching at a Department of Defense Dependent
6020	School or in an American International School and who enroll in
6021	a graduate level education program which leads to a Florida
6022	teaching certificate.
6023	(j)  Active duty members of the Canadian military residing
6024	or stationed in this state under the North American Air Defense
6025	(NORAD) agreement, and their spouses and dependent children,
6026	attending a community college or state university within 50
6027	miles of the military establishment where they are stationed.
6028	(k)  Active duty members of a foreign nation's military who
6029	are serving as liaison officers and are residing or stationed in
6030	this state, and their spouses and dependent children, attending
6031	a community college or state university within 50 miles of the
6032	military establishment where the foreign liaison officer is
6033	stationed.
6034	(11)  The State Board of Education shall by rule designate
6035	classifications of students as residents or nonresidents for
6036	tuition purposes at community colleges and state universities.
6037	Section 128.  Section 1009.24, Florida Statutes, is amended
6038	to read:
6039	(Substantial rewording of section. See s. 1009.24, F.S.,
6040	for present text.)
6041	1009.24  State university student fees.--
6042	(1)  GENERAL PROVISIONS.--
6043	(a)  This section applies to students enrolled in college
6044	credit programs at state universities.
6045	(b)  All students shall be charged fees except students who
6046	are exempt from fees or students whose fees are waived.
6047	(c)  Undergraduate tuition shall be established in the
6048	General Appropriations Act.
6049	(d)  Any tuition or fee established by a designee of the
6050	Board of Governors pursuant to this section shall be established
6051	in accordance with law and rules of the Board of Governors.
6052	(e)  All moneys from tuition and fees shall be deposited
6053	pursuant to s. 1011.42.
6054	(f)  A state university may not charge any fee except as
6055	specifically authorized by law.
6056	(2)  GRADUATE AND PROFESSIONAL PROGRAMS.--
6057	(a)  The Board of Governors, or the board's designee, shall
6058	establish tuition for graduate and professional programs and
6059	shall give full consideration to providing access for Florida
6060	residents to such programs when setting tuition levels.
6061	(b)  For each constituent university, the Board of
6062	Governors shall establish a limit on graduate and professional
6063	enrollments. In establishing such limits, the Board of Governors
6064	shall strive to maintain adequate access to undergraduate
6065	education.
6066	(c)  Students who are enrolled in Programs in Medical
6067	Sciences are considered graduate students for the purpose of
6068	enrollment and student fees.
6069	(3)  OUT-OF-STATE STUDENTS.--
6070	(a)  The Board of Governors, or the board's designee, shall
6071	establish the out-of-state fee for a student classified as a
6072	nonresident for tuition purposes pursuant to s. 1009.21. Except
6073	as otherwise provided by law, the sum of tuition plus the out-
6074	of-state fee for a student classified as a nonresident for
6075	tuition purposes pursuant to s. 1009.21 must be sufficient to
6076	offset the full cost of instruction.
6077	(b)  For each constituent university, the Board of
6078	Governors shall establish a limit on nonresident enrollments. In
6079	establishing such limits, the Board of Governors shall not allow
6080	a university's nonresident enrollment to exceed 10 percent of
6081	total enrollment or the university's actual nonresident
6082	enrollment percentage during the 2004 fall term, whichever is
6083	greater.
6084	(4)  FINANCIAL AID FEE.--
6085	(a)  The Board of Governors, or the board's designee, is
6086	authorized to collect a financial aid fee in an amount not to
6087	exceed 5 percent of the tuition and out-of-state fee. The
6088	revenues from the financial aid fee shall remain at each campus
6089	for disbursement to students as quickly as possible.
6090	(b)  The minimum percentage of funds from student financial
6091	aid fee revenues that shall be used to provide financial aid
6092	based on need shall be as follows:
6093	1.  For awards provided prior to the 2007-2008 academic
6094	year, 75 percent.
6095	2.  For awards provided for the 2007-2008 academic year, 80
6096	percent.
6097	3.  For awards provided for the 2008-2009 academic year, 85
6098	percent.
6099	4.  For awards provided for the 2009-2010 academic year and
6100	thereafter, 90 percent.
6101	(c)  The Board of Governors shall develop criteria for
6102	making financial aid awards from financial aid fee revenues and
6103	from funds appropriated by the Legislature to state universities
6104	for student financial assistance.
6105	(d)  Each university shall report annually to the Board of
6106	Governors, the President of the Senate, and the Speaker of the
6107	House of Representatives on the revenue collected pursuant to
6108	this subsection, the amount carried forward, the criteria used
6109	to make awards, the amount and number of awards for each
6110	criterion, and a delineation of the distribution of such awards.
6111	The report shall include an assessment by category of the
6112	financial need of every student who receives an award regardless
6113	of the purpose for which the award is received.
6114	(e)  Awards that are based on financial need shall be
6115	distributed in accordance with a nationally recognized system of
6116	need analysis approved by the Board of Governors.
6117	(f)  An award for academic merit shall require a minimum
6118	overall grade point average of 3.0 on a 4.0 scale or the
6119	equivalent for both initial receipt of the award and renewal of
6120	the award.
6121	(5)  CAPITAL IMPROVEMENT AND BUILDING FEE.--The Capital
6122	Improvement Trust Fund fee is established as $2.44 per credit
6123	hour per semester. The building fee is established as $2.32 per
6124	credit hour per semester.
6125	(6)  LOCAL FEE AUTHORITY.--For each constituent university,
6126	the Board of Governors, or the board's designee, is authorized
6127	to establish separate activity and service, health, and athletic
6128	fees pursuant to the provisions of this section. When duly
6129	established, the fees shall be collected as component parts of
6130	tuition and fees and shall be retained by the university and
6131	paid into the separate activity and service, health, and
6132	athletic funds. The sum of the activity and service, health, and
6133	athletic fees a student is required to pay to register for a
6134	course shall not exceed 40 percent of the tuition established
6135	pursuant to law or in the General Appropriations Act. No
6136	university shall be required to lower any fee in effect on July
6137	1, 2006, in order to comply with this subsection. Within the 40-
6138	percent cap, universities may not increase the aggregate sum of
6139	activity and service, health, and athletic fees more than 5
6140	percent per year unless specifically authorized in law or in the
6141	General Appropriations Act. This subsection does not prohibit a
6142	university from increasing or assessing optional fees related to
6143	specific activities if payment of such fees is not required as a
6144	part of registration for courses.
6145	(7)  ACTIVITY AND SERVICE FEE.--
6146	(a)1.  For each constituent university, the Board of
6147	Governors, or the board's designee, is authorized to establish a
6148	student activity and service fee on the main campus of the
6149	university. The Board of Governors, or the board's designee, may
6150	also establish a student activity and service fee on any branch
6151	campus or center.
6152	2.  Any change to the activity and service fee must be
6153	recommended by an activity and service fee committee, at least
6154	one-half of whom are students appointed by the student body
6155	president. The remainder of the committee shall be appointed by
6156	the university president. A chair, appointed jointly by the
6157	university president and the student body president, shall vote
6158	only in the case of a tie. The recommendations of the committee
6159	shall take effect only after approval by the university
6160	president, after consultation with the student body president,
6161	with final approval by the university board of trustees.
6162	3.  An increase in the activity and service fee may occur
6163	only once each fiscal year and must be implemented beginning
6164	with the fall term.
6165	4.  The Board of Governors is responsible for establishing
6166	the guidelines and timetables necessary to implement this fee.
6167	(b)1.  The student activity and service fees shall be
6168	expended for lawful purposes to benefit the student body in
6169	general. This shall include, but shall not be limited to,
6170	technology, student publications, and grants to duly recognized
6171	student organizations the membership of which is open to all
6172	students at the university without regard to race, gender, or
6173	religion.
6174	2.  The activity and service fund may not benefit
6175	activities for which an admission fee is charged to students,
6176	except for student government association sponsored concerts.
6177	3.  The allocation and expenditure of the activity and
6178	service fund shall be determined by the student government
6179	association of the university, except that the president of the
6180	university may veto any line item or portion thereof within the
6181	budget when submitted by the student government association
6182	legislative body.
6183	4.  The university president shall have 15 school days from
6184	the date of presentation of the budget to act on the allocation
6185	and expenditure recommendations, which shall be deemed approved
6186	if no action is taken within the 15 school days.
6187	5.  If any line item or portion thereof within the budget
6188	is vetoed, the student government association legislative body
6189	shall within 15 school days make new budget recommendations for
6190	expenditure of the vetoed portion of the fund. If the university
6191	president vetoes any line item or portion thereof within the new
6192	budget revisions, the university president may reallocate by
6193	line item that vetoed portion to bond obligations guaranteed by
6194	activity and service fees.
6195	6.  Unexpended funds and undisbursed funds remaining at the
6196	end of a fiscal year shall be carried over and remain in the
6197	activity and service fund and be available for allocation and
6198	expenditure during the next fiscal year.
6199	(8)  HEALTH FEE.--
6200	(a)  For each constituent university, the Board of
6201	Governors, or the board's designee, is authorized to establish a
6202	student health fee on the main campus of the university. The
6203	Board of Governors, or the board's designee, may also establish
6204	a student health fee on any branch campus or center.
6205	(b)  Any change to the health fee must be recommended by a
6206	health committee, at least one-half of whom are students
6207	appointed by the student body president. The remainder of the
6208	committee shall be appointed by the university president. A
6209	chair, appointed jointly by the university president and the
6210	student body president, shall vote only in the case of a tie.
6211	The recommendations of the committee shall take effect only
6212	after approval by the university president, after consultation
6213	with the student body president, with final approval by the
6214	university board of trustees.
6215	(c)  An increase in the health fee may occur only once each
6216	fiscal year and must be implemented beginning with the fall
6217	term.
6218	(d)  The Board of Governors is responsible for establishing
6219	the guidelines and timetables necessary to implement this fee.
6220	(9)  ATHLETIC FEE.--
6221	(a)  For each constituent university, the Board of
6222	Governors, or the board's designee, is authorized to establish a
6223	separate athletic fee on the main campus of the university. The
6224	Board of Governors, or the board's designee, may also establish
6225	a separate athletic fee on any branch campus or center.
6226	(b)  Any change to the athletic fee must be recommended by
6227	an athletic fee committee, at least one-half of whom are
6228	students appointed by the student body president. The remainder
6229	of the committee shall be appointed by the university president.
6230	A chair, appointed jointly by the university president and the
6231	student body president, shall vote only in the case of a tie.
6232	The recommendations of the committee shall take effect only
6233	after approval by the university president, after consultation
6234	with the student body president, with final approval by the
6235	university board of trustees.
6236	(c)  An increase in the athletic fee may occur only once
6237	each fiscal year and must be implemented beginning with the fall
6238	term.
6239	(d)  The Board of Governors is responsible for establishing
6240	the guidelines and timetables necessary to implement this fee.
6241	(e)  A university may increase its athletic fee to defray
6242	the costs associated with changing National Collegiate Athletic
6243	Association divisions.
6244	1.  Any such increase in the athletic fee may exceed both
6245	the 40-percent cap and the 5-percent cap imposed by subsection
6246	(6).
6247	2.  Any such increase must be approved by the athletic fee
6248	committee in the process outlined in paragraph (b) and cannot
6249	exceed $2 per credit hour.
6250	3.  Notwithstanding the provisions of ss. 1009.534,
6251	1009.535, and 1009.536, that portion of any increase in an
6252	athletic fee pursuant to this paragraph that causes the sum of
6253	the activity and service, health, and athletic fees to exceed
6254	the 40-percent cap or the annual increase in such fees to exceed
6255	the 5-percent cap shall not be included in calculating the
6256	amount a student receives for a Florida Academic Scholars award,
6257	a Florida Medallion Scholars award, or a Florida Gold Seal
6258	Vocational Scholars award.
6259	(10)  MISCELLANEOUS FEES AND FINES.--For each constituent
6260	university, the Board of Governors, or the board's designee, is
6261	authorized to establish the following fees and fines:
6262	(a)  A nonrefundable application fee.
6263	(b)  An orientation fee.
6264	(c)  A fee for security, access, or identification cards.
6265	(d)  Registration fees for audit and zero-hours
6266	registration; a reasonable service charge for the payment of
6267	tuition in installments; and a late-registration fee in an
6268	amount not less than $50 nor more than $100 to be imposed on
6269	students who fail to initiate registration during the regular
6270	registration period.
6271	(e)  A late-payment fee in an amount not less than $50 nor
6272	more than $100 to be imposed on students who fail to pay tuition
6273	or fail to make appropriate arrangements to pay tuition by means
6274	of installment payment, deferment, or third-party billing by the
6275	deadline set by each university. Each university may adopt
6276	specific procedures or policies for waiving the late-payment fee
6277	for minor underpayments.
6278	(f)  A fee for miscellaneous health-related charges for
6279	services provided at cost by the university health center that
6280	are not covered by the health fee set under subsection (8).
6281	(g)  Materials and supplies fees to offset the cost of
6282	materials or supplies that are consumed in the course of the
6283	student's instructional activities, excluding the cost of
6284	equipment replacement, repairs, and maintenance.
6285	(h)  Housing rental rates and miscellaneous housing charges
6286	for services provided by the university at the request of the
6287	student.
6288	(i)  A charge representing the reasonable cost of efforts
6289	to collect payment of overdue accounts.
6290	(j)  A reasonable service charge on university loans in
6291	lieu of interest and administrative handling charges.
6292	(k)  A fee for off-campus course offerings when the
6293	location results in specific, identifiable increased costs to
6294	the university.
6295	(l)  Library fees and fines, including charges for damaged
6296	and lost library materials, overdue reserve library books,
6297	interlibrary loans, and literature searches.
6298	(m)  Fees relating to duplicating, photocopying, binding,
6299	and microfilming; copyright services; and standardized testing.
6300	These fees may be charged only to those who receive the
6301	services.
6302	(n)  Fees and fines relating to the use, late return, and
6303	loss and damage of facilities and equipment.
6304	(o)  A returned-check fee as authorized by s. 832.07(1) for
6305	unpaid checks returned to the university.
6306	(p)  Reasonable traffic and parking fines, charges for
6307	parking decals, and transportation access fees.
6308	(q)  An Educational Research Center for Child Development
6309	fee for child care and services offered by the center.
6310	(r)  Fees for transcripts and diploma replacement.
6311
6312	Fees established pursuant to this subsection for records,
6313	documents, services, materials, or supplies shall not exceed the
6314	cost to the university of providing the record, document,
6315	service, material, or supply. Fees and fines relating to the
6316	loss of or damage to university equipment or other university
6317	property or damage to university facilities shall not exceed the
6318	cost to the university of repair or replacement.
6319	(11)  ADMISSIONS DEPOSIT.--For each constituent university,
6320	the Board of Governors, or the board's designee, is authorized
6321	to establish a nonrefundable admissions deposit for
6322	undergraduate, graduate, and professional degree programs in an
6323	amount not to exceed $200. The admissions deposit shall be
6324	imposed at the time of an applicant's acceptance to the
6325	university and shall be applied toward tuition upon enrollment.
6326	In the event the applicant does not enroll in the university,
6327	the admissions deposit shall be deposited in an auxiliary
6328	account of the university and used to expand financial
6329	assistance and student academic and career counseling services
6330	at the university. If an admissions deposit is established
6331	pursuant to this subsection, a policy that provides for the
6332	waiver of such deposit on the basis of financial hardship must
6333	also be established.
6334	Section 129.  Subsections (4) and (6) of section 1009.26,
6335	Florida Statutes, are amended, and subsection (9) is added to
6336	that section, to read:
6337	1009.26  Fee waivers.--
6338	(4)  A state university may waive any or all application,
6339	tuition, and related fees for persons 60 years of age or older
6340	who are residents of this state and who attend classes for
6341	credit. No academic credit shall be awarded for attendance in
6342	classes for which fees are waived under this subsection. This
6343	privilege may be granted only on a space-available basis, if
6344	such classes are not filled as of the close of registration. A
6345	university may limit or deny the privilege for courses which are
6346	in programs for which the Board of Governors State Board of
6347	Education has established selective admissions criteria. Persons
6348	paying full fees and state employees taking courses on a space-
6349	available basis shall have priority over those persons whose
6350	fees are waived in all cases where classroom spaces are limited.
6351	(6)  A university board of trustees may waive the State
6352	Board of Education may establish rules to allow for the waiver
6353	of out-of-state fees for nondegree-seeking students enrolled at
6354	a state university if the earned student credit hours generated
6355	by such students are nonfundable and the direct cost for the
6356	program of study is recovered from the fees charged to all
6357	students.
6358	(9)  Each university board of trustees is authorized to
6359	waive tuition and out-of-state fees for purposes that support
6360	and enhance the mission of the university. All fees waived must
6361	be based on policies that are adopted by university boards of
6362	trustees pursuant to rules adopted by the Board of Governors.
6363	Each university shall report the purpose, number, and value of
6364	all fee waivers granted annually in a format prescribed by the
6365	Board of Governors.
6366	Section 130.  Subsection (1) of section 1009.265, Florida
6367	Statutes, is amended to read:
6368	1009.265  State employee fee waivers.--
6369	(1)  As a benefit to the employer and employees of the
6370	state, subject to approval by an employee's agency head or the
6371	equivalent, each state university and community college shall
6372	waive tuition and fees for state employees to enroll for up to 6
6373	credit hours of courses, including distance learning or on-line
6374	courses, per term on a space-available basis. The employee must
6375	have approval of his or her supervisor to use the waiver to take
6376	a course or courses during normal work hours. For purposes of
6377	implementing this section, space available is to be determined
6378	based on the number of seats or capacity remaining in a course
6379	at the end of the drop-add period. State employee fee waivers
6380	may not be used for dissertation, thesis, directed individual
6381	study (DIS), or other one-to-one instruction courses.
6382	Section 131.  Subsection (1) of section 1009.27, Florida
6383	Statutes, is amended to read:
6384	1009.27  Deferral of fees.--
6385	(1)  School districts, community colleges, and state
6386	universities may defer The State Board of Education shall adopt
6387	rules to allow the deferral of tuition and registration fees for
6388	students receiving financial aid from a federal or state
6389	assistance program when the aid is delayed in being transmitted
6390	to the student through circumstances beyond the control of the
6391	student. The failure to make timely application for the aid is
6392	an insufficient reason to receive a deferral of fees. The rules
6393	must provide for the enforcement and collection or other
6394	settlement of delinquent accounts.
6395	Section 132.  Section 1009.285, Florida Statutes, is
6396	amended to read:
6397	1009.285  Fees for repeated enrollment in college-credit
6398	courses.--A student enrolled in the same undergraduate college-
6399	college-credit course more than twice shall pay tuition at 100
6400	percent of the full cost of instruction and shall not be
6401	included in calculations of full-time equivalent enrollments for
6402	state funding purposes. However, students who withdraw or fail a
6403	class due to extenuating circumstances may be granted an
6404	exception only once for each class, provided that approval is
6405	granted according to policy established by the community college
6406	board of trustees or the university board of trustees. Each
6407	community college and state university may review and reduce
6408	fees paid by students due to continued enrollment in a college-
6409	credit class on an individual basis contingent upon the
6410	student's financial hardship, pursuant to definitions and fee
6411	levels established by the State Board of Education. For purposes
6412	of this section, first-time enrollment in a class shall mean
6413	enrollment in a class beginning fall semester 1997, and
6414	calculations of the full cost of instruction shall be based on
6415	the systemwide average of the prior year's cost of undergraduate
6416	programs for the community colleges and the state universities.
6417	Boards of trustees may make exceptions to this section for
6418	individualized study, elective coursework, courses that are
6419	repeated as a requirement of a major, and courses that are
6420	intended as continuing over multiple semesters, excluding the
6421	repeat of coursework more than two times to increase grade point
6422	average or meet minimum course grade requirements.
6423	Section 133.  Subsection (1) of section 1009.29, Florida
6424	Statutes, is amended to read:
6425	1009.29  Increased fees for funding financial aid
6426	program.--
6427	(1)  Student tuition and registration fees at each state
6428	university and community college shall include up to $4.68 per
6429	quarter, or $7.02 per semester, per full-time student, or the
6430	per-student credit hour equivalents of such amounts. The fees
6431	provided for by this section shall be adjusted from time to
6432	time, as necessary, to comply with the debt service coverage
6433	requirements of the student loan revenue bonds issued pursuant
6434	to s. 1009.79. If the Division of Bond Finance of the State
6435	Board of Administration State Board of Education and the
6436	Commissioner of Education determine that such fees are no longer
6437	required as security for revenue bonds issued pursuant to ss.
6438	1009.78-1009.88, moneys previously collected pursuant to this
6439	section which are held in escrow, after administrative expenses
6440	have been met and up to $150,000 has been used to establish a
6441	financial aid data processing system for the state universities
6442	incorporating the necessary features to meet the needs of all 11
6443	universities for application through disbursement processing,
6444	shall be reallocated to the generating institutions to be used
6445	for student financial aid programs, including, but not limited
6446	to, scholarships and grants for educational purposes. Upon such
6447	determination, such fees shall no longer be assessed and
6448	collected.
6449	Section 134.  Paragraph (a) of subsection (1) of section
6450	1009.40, Florida Statutes, is amended to read:
6451	1009.40  General requirements for student eligibility for
6452	state financial aid awards and tuition assistance grants.--
6453	(1)(a)  The general requirements for eligibility of
6454	students for state financial aid awards and tuition assistance
6455	grants consist of the following:
6456	1.  Achievement of the academic requirements of and
6457	acceptance at a state university or community college; a nursing
6458	diploma school approved by the Florida Board of Nursing; a
6459	Florida college, university, or community college which is
6460	accredited by an accrediting agency recognized by the State
6461	Board of Education; any Florida institution the credits of which
6462	are acceptable for transfer to state universities; any career
6463	center; or any private career institution accredited by an
6464	accrediting agency recognized by the State Board of Education.
6465	2.  Residency in this state for no less than 1 year
6466	preceding the award of aid or a tuition assistance grant for a
6467	program established pursuant to s. 1009.50, s. 1009.51, s.
6468	1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
6469	1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
6470	1009.73, s. 1009.76, s. 1009.77, or s. 1009.89, or s. 1009.891.
6471	Residency in this state must be for purposes other than to
6472	obtain an education. Resident status for purposes of receiving
6473	state financial aid awards shall be determined in the same
6474	manner as resident status for tuition purposes pursuant to s.
6475	1009.21 and rules of the State Board of Education.
6476	3.  Submission of certification attesting to the accuracy,
6477	completeness, and correctness of information provided to
6478	demonstrate a student's eligibility to receive state financial
6479	aid awards or tuition assistance grants. Falsification of such
6480	information shall result in the denial of any pending
6481	application and revocation of any award or grant currently held
6482	to the extent that no further payments shall be made.
6483	Additionally, students who knowingly make false statements in
6484	order to receive state financial aid awards or tuition
6485	assistance grants commit shall be guilty of a misdemeanor of the
6486	second degree subject to the provisions of s. 837.06 and shall
6487	be required to return all state financial aid awards or tuition
6488	assistance grants wrongfully obtained.
6489	Section 135.  Subsections (9) and (12) of section 1009.90,
6490	Florida Statutes, are amended to read:
6491	1009.90  Duties of the Department of Education.--The duties
6492	of the department shall include:
6493	(9)  Development and submission of a report, annually, to
6494	the State Board of Education, the Board of Governors, the
6495	President of the Senate, and the Speaker of the House of
6496	Representatives, which shall include, but not be limited to,
6497	recommendations for the distribution of state financial aid
6498	funds.
6499	(12)  Calculation of the amount of need-based student
6500	financial aid required to offset fee increases recommended by
6501	the State Board of Education and the Board of Governors and
6502	inclusion of such amount within the legislative budget request
6503	for student assistance grant programs.
6504	Section 136.  Subsection (4) of section 1009.91, Florida
6505	Statutes, is amended to read:
6506	1009.91  Assistance programs and activities of the
6507	department.--
6508	(4)  The department shall maintain records on the student
6509	loan default rate of each Florida postsecondary institution and
6510	report that information annually to both the institution and the
6511	State Board of Education. Information relating to state
6512	universities shall also be reported annually to the Board of
6513	Governors.
6514	Section 137.  Subsection (2) of section 1009.971, Florida
6515	Statutes, is amended to read:
6516	1009.971  Florida Prepaid College Board.--
6517	(2)  FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.--The board
6518	shall consist of seven members to be composed of the Attorney
6519	General, the Chief Financial Officer, the Chancellor of the
6520	State University System Deputy Commissioner of Colleges and
6521	Universities, the Deputy Commissioner of Community Colleges, and
6522	three members appointed by the Governor and subject to
6523	confirmation by the Senate. Each member appointed by the
6524	Governor shall possess knowledge, skill, and experience in the
6525	areas of accounting, actuary, risk management, or investment
6526	management. Each member of the board not appointed by the
6527	Governor may name a designee to serve on the board on behalf of
6528	the member; however, any designee so named shall meet the
6529	qualifications required of gubernatorial appointees to the
6530	board. Members appointed by the Governor shall serve terms of 3
6531	years. Any person appointed to fill a vacancy on the board shall
6532	be appointed in a like manner and shall serve for only the
6533	unexpired term. Any member shall be eligible for reappointment
6534	and shall serve until a successor qualifies. Members of the
6535	board shall serve without compensation but shall be reimbursed
6536	for per diem and travel in accordance with s. 112.061. Each
6537	member of the board shall file a full and public disclosure of
6538	his or her financial interests pursuant to s. 8, Art. II of the
6539	State Constitution and corresponding statute.
6540	Section 138.  Paragraph (b) of subsection (2) of section
6541	1009.98, Florida Statutes, is amended to read:
6542	1009.98  Florida Prepaid College Program.--
6543	(2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
6544	make advance payment contracts available for two independent
6545	plans to be known as the community college plan and the
6546	university plan. The board may also make advance payment
6547	contracts available for a dormitory residence plan. The board
6548	may restrict the number of participants in the community college
6549	plan, university plan, and dormitory residence plan,
6550	respectively. However, any person denied participation solely on
6551	the basis of such restriction shall be granted priority for
6552	participation during the succeeding year.
6553	(b)1.  Through the university plan, the advance payment
6554	contract shall provide prepaid registration fees for a specified
6555	number of undergraduate semester credit hours not to exceed the
6556	average number of hours required for the conference of a
6557	baccalaureate degree. Qualified beneficiaries shall bear the
6558	cost of any laboratory fees associated with enrollment in
6559	specific courses. Each qualified beneficiary shall be classified
6560	as a resident for tuition purposes pursuant to s. 1009.21,
6561	regardless of his or her actual legal residence.
6562	2.  Effective July 1, 1998, the board may provide advance
6563	payment contracts for additional fees delineated in s.
6564	1009.24(6)-(9)(8)-(11), for a specified number of undergraduate
6565	semester credit hours not to exceed the average number of hours
6566	required for the conference of a baccalaureate degree, in
6567	conjunction with advance payment contracts for registration
6568	fees. Such contracts shall provide prepaid coverage for the sum
6569	of such fees, to a maximum of 45 percent of the cost of
6570	registration fees. University plan contracts purchased prior to
6571	July 1, 1998, shall be limited to the payment of registration
6572	fees as defined in s. 1009.97.
6573	Section 139.  Subsections (1) and (2) of section 1010.01,
6574	Florida Statutes, are amended to read:
6575	1010.01  Uniform records and accounts.--
6576	(1)(a)  The financial records and accounts of each school
6577	district, community college, university, and other institution
6578	or agency under the supervision of the State Board of Education
6579	shall be prepared and maintained as prescribed by law and rules
6580	of the State Board of Education.
6581	(b)  The financial records and accounts of each state
6582	university under the supervision of the Board of Governors shall
6583	be prepared and maintained as prescribed by law and rules of the
6584	Board of Governors.
6585	(2)  Rules of the State Board of Education and rules of the
6586	Board of Governors shall incorporate the requirements of law and
6587	the appropriate requirements of the Governmental Accounting
6588	Standards Board (GASB) for State and Local Government. Such
6589	rules shall include a uniform classification of accounts.
6590	Section 140.  Section 1010.011, Florida Statutes, is
6591	amended to read:
6592	1010.011  Definition.--For purposes of this chapter and
6593	chapter 1011, the following terms: "university," "universities,"
6594	and "university board of trustees" include all state
6595	universities New College under the supervision of the Board of
6596	Governors State Board of Education.
6597	Section 141.  Section 1010.02, Florida Statutes, is amended
6598	to read:
6599	1010.02  Financial accounting and expenditures.--
6600	(1)  All funds accruing to a school district or, a
6601	community college, or a university must be received, accounted
6602	for, and expended in accordance with law and rules of the State
6603	Board of Education.
6604	(2)  All funds accruing to a state university must be
6605	received, accounted for, and expended in accordance with law and
6606	rules of the Board of Governors.
6607	Section 142.  Subsections (1) and (4) of section 1010.04,
6608	Florida Statutes, are amended to read:
6609	1010.04  Purchasing.--
6610	(1)(a)  Purchases and leases by school districts and,
6611	community colleges, and universities shall comply with the
6612	requirements of law and rules of the State Board of Education.
6613	(b)  Purchases and leases by state universities shall
6614	comply with the requirements of law and rules of the Board of
6615	Governors.
6616	(4)(a)  The State Board of Education may, by rule, provide
6617	for alternative procedures for school districts and community
6618	colleges for bidding or purchasing in cases in which the
6619	character of the item requested renders competitive bidding
6620	impractical.
6621	(b)  The Board of Governors may, by rule, provide for
6622	alternative procedures for state universities for bidding or
6623	purchasing in cases in which the character of the item requested
6624	renders competitive bidding impractical.
6625	Section 143.  Subsection (2) of section 1010.07, Florida
6626	Statutes, is amended to read:
6627	1010.07  Bonds or insurance required.--
6628	(2)(a)  Contractors paid from school district or, community
6629	college, or university funds shall give bond for the faithful
6630	performance of their contracts in such amount and for such
6631	purposes as prescribed by s. 255.05 or by rules of the State
6632	Board of Education relating to the type of contract involved. It
6633	shall be the duty of the district school board or, community
6634	college board of trustees, and university board of trustees to
6635	require from construction contractors a bond adequate to protect
6636	the board and the board's funds involved.
6637	(b)  Contractors paid from university funds shall give bond
6638	for the faithful performance of their contracts in such amount
6639	and for such purposes as prescribed by s. 255.05 or by rules of
6640	the Board of Governors relating to the type of contract
6641	involved. It shall be the duty of the university board of
6642	trustees to require from construction contractors a bond
6643	adequate to protect the board and the board's funds involved.
6644	Section 144.  Section 1010.09, Florida Statutes, is amended
6645	to read:
6646	1010.09  Direct-support organizations.--
6647	(1)  School district and, community college, and university
6648	direct-support organizations shall be organized and conducted
6649	under the provisions of ss. 1001.453, 1004.28, and 1004.70 and
6650	rules of the State Board of Education, as applicable.
6651	(2)  State university direct-support organizations shall be
6652	organized and conducted under the provisions of s. 1004.28 and
6653	rules of the Board of Governors, as applicable.
6654	Section 145.  Section 1010.30, Florida Statutes, is amended
6655	to read:
6656	1010.30  Audits required.--School districts, community
6657	colleges, universities, and other institutions and agencies
6658	under the supervision of the State Board of Education and state
6659	universities under the supervision of the Board of Governors are
6660	subject to the audit provisions under ss. 11.45 and 218.39.
6661	Section 146.  Section 1010.62, Florida Statutes, is created
6662	to read:
6663	1010.62  Revenue bonds and debt for state universities.--
6664	(1)  As used in this section, the term:
6665	(a)  "Capital outlay project" means:
6666	1.  Any project to acquire, construct, improve, or change
6667	the functional use of land, buildings, and other facilities,
6668	including furniture and equipment necessary to operate a new or
6669	improved building or facility.
6670	2.  Any other acquisition of equipment or software.
6671	(b)  "Debt" means bonds except revenue bonds as defined in
6672	paragraph (d), loans, promissory notes, lease-purchase
6673	agreements, certificates of participation, installment sales,
6674	leases, or any other financing mechanism or financial
6675	arrangement, whether or not a debt for legal purposes, for
6676	financing or refinancing, for or on behalf of a state university
6677	or a direct-support organization, the acquisition, construction,
6678	improvement, or purchase of capital outlay projects.
6679	(c)  "Direct-support organization" means any entity created
6680	pursuant to s. 1004.28 or any entity specifically established to
6681	incur debt on behalf of a state university.
6682	(d)  "Revenue bonds" mean any obligation that constitutes a
6683	revenue bond pursuant to s. 11(d), Art. VII of the State
6684	Constitution.
6685	(2)(a)  The Board of Governors may request the issuance of
6686	revenue bonds pursuant to the State Bond Act and s. 11(d), Art.
6687	VII of the State Constitution to finance or refinance capital
6688	projects permitted by law.
6689	1.a.  Revenue bonds may only be secured by or payable from
6690	those revenues authorized for such purpose including the health
6691	fee, the transportation access fee, hospital revenues or those
6692	revenues derived from or received in relation to sales and
6693	services of auxiliary enterprises or component units of the
6694	university, including, but not limited to, housing,
6695	transportation, health care, research or research-related
6696	activities, food service, retail sales, athletic activities, or
6697	similar services, other revenue attributable to the projects to
6698	be financed or refinanced, any other revenue approved by the
6699	Legislature for facilities construction or for securing revenue
6700	bonds issued pursuant to s. 11(d), Art. VII of the State
6701	Constitution, or any other revenues permitted by law.
6702	b.  The assets of a university foundation and the earnings
6703	thereon may also be used to pay and secure revenue bonds of the
6704	university or its direct-support organizations.
6705	c.  Revenues from royalties and licensing fees may be used
6706	to pay and secure revenue bonds so long as the facilities being
6707	financed are functionally related to the university operation or
6708	direct-support organization reporting such royalties and
6709	licensing fees.
6710	2.a.  Revenue bonds may not be secured by or payable from,
6711	either directly or indirectly, tuition, the financial aid fee,
6712	the activity and service fee, the athletic fee, sales and
6713	services of educational departments, revenues from contracts and
6714	grants, except for money received for overhead and indirect
6715	costs and other moneys not required for the payment of direct
6716	costs of grants, state operating revenues, or any other
6717	operating revenues of a state university.
6718	b.  Revenues from one auxiliary enterprise or component
6719	unit may not be used to secure revenue bonds of another unless
6720	such activities and facilities are functionally related.
6721	(b)  In connection with the issuance of revenue bonds, the
6722	Board of Governors and the state university if so designated by
6723	the Board of Governors shall comply with all covenants,
6724	commitments, or other provisions relating to revenue bonds. Such
6725	covenants, commitments, or other provisions, in addition to
6726	those provided in the State Bond Act, may relate to:
6727	1.  Pledging the fees, charges, and other revenues that
6728	secure the revenue bonds.
6729	2.  Fixing and maintaining fees, rates, and other charges
6730	pledged to the payment of the revenue bonds.
6731	3.  Providing a lien on the revenues pledged.
6732	4.  Preventing or providing for the creation of other liens
6733	on the fees, charges, and other revenues that secure the revenue
6734	bonds.
6735	5.  Establishing and maintaining reserves for debt service
6736	payments on revenue bonds.
6737	6.  Providing for the operation, maintenance, and
6738	improvement of facilities that are related to the generation of
6739	the fees, revenues, and other charges pledged to the payment of
6740	the revenue bonds.
6741	7.  Establishing any other covenants, commitments, or
6742	provisions that are deemed necessary or advisable to enhance the
6743	security of the revenue bonds, or the marketability thereof, and
6744	that are customary in accordance with the market requirements
6745	for the sale of such revenue bonds.
6746	(3)(a)  No state university or direct-support organization
6747	may issue debt without the approval of the Board of Governors.
6748	1.  The Board of Governors may only approve the issuance of
6749	debt by a state university or a direct-support organization when
6750	such debt is used to finance or refinance capital outlay
6751	projects that are necessary and desirable to serve the needs and
6752	purposes of the state university.
6753	2.a.  The debt may only be secured by or payable from those
6754	revenues authorized for such purpose, including the health fee,
6755	the transportation access fee, hospital revenues or those
6756	revenues derived from or received in relation to sales and
6757	services of auxiliary enterprises or component units of the
6758	university, including, but not limited to, housing,
6759	transportation, health care, research or research-related
6760	activities, food service, retail sales, athletic activities, or
6761	other similar services.
6762	b.  The assets of university foundations and the earnings
6763	thereon may be used to pay and secure debt of the university or
6764	its direct-support organizations.
6765	c.  Gifts and donations or pledges of gifts may also be
6766	used to secure debt so long as the maturity of the debt,
6767	including extensions, renewals, and refundings, does not exceed
6768	5 years.
6769	d.  Revenues from royalties and licensing fees may also be
6770	used to secure debt so long as the facilities being financed are
6771	functionally related to the university operation or direct-
6772	support organization reporting such royalties and licensing
6773	fees.
6774	3.a.  The debt may not be secured by or payable from,
6775	either directly or indirectly, tuition, the financial aid fee,
6776	the activity and service fee, the athletic fee, sales and
6777	services of educational departments, revenues from contracts and
6778	grants, except for money received for overhead and indirect
6779	costs and other moneys not required for the payment of direct
6780	costs of grants, state operating revenues, or any other
6781	operating revenues of a state university.
6782	b.  The debt of direct-support organizations may not be
6783	secured by or payable under an agreement or contract with a
6784	state university unless the source of payments under such
6785	agreement or contract is limited to revenues that universities
6786	are authorized to use for payment of debt service.
6787	c.  Revenues from one auxiliary enterprise or component
6788	unit may not be used to secure debt of another unless such
6789	activities and facilities are functionally related.
6790	4.  No debt may be approved to finance or refinance
6791	operating expenses of a state university or a direct-support
6792	organization.
6793	5.  The maturity of debt used to finance or refinance the
6794	acquisition of equipment or software, including any extensions,
6795	renewals, or refundings thereof, shall be limited to 5 years or
6796	the estimated useful life of the equipment or software,
6797	whichever is shorter.
6798	6.  The Board of Governors may establish conditions and
6799	limitations on such debt service as it determines to be
6800	advisable.
6801	(b)  Approval by the Board of Governors of the issuance of
6802	debt shall be based upon a determination that the debt:
6803	1.  Is for a purpose consistent with the mission of the
6804	state university.
6805	2.  Is structured in a manner appropriate for the prudent
6806	financial management of the state university.
6807	3.  Is to be incurred in a manner consistent with the
6808	policies governing the issuance of the state debt.
6809	4.  Is secured by revenues adequate to provide for all
6810	payments relating to the debt.
6811	5.  Has been analyzed by the Division of Bond Finance, with
6812	all issues raised by such analysis having been appropriately
6813	considered by the Board of Governors.
6814	6.  Is consistent with the requirements of any policies or
6815	criteria adopted by the Board of Governors for the approval of
6816	debt.
6817	(c)  Notwithstanding the provisions of paragraphs (a) and
6818	(b), state universities and direct-support organizations may
6819	engage in the following activities without the Board of
6820	Governors' approval:
6821	1.  State universities may lease-purchase equipment and
6822	software in accordance with the deferred-payment purchase
6823	provisions in chapter 287, and direct-support organizations may
6824	lease-purchase equipment and software to the extent that the
6825	overall term of the financing, including any extension, renewal,
6826	or refinancings thereof, does not exceed 5 years or the
6827	estimated useful life of the equipment or software, whichever is
6828	shorter.
6829	2.  Direct-support organizations may issue promissory notes
6830	and grant conventional mortgages for the acquisition of real
6831	property.
6832	3.  State universities and direct-support organizations may
6833	secure debt with gifts and donations and pledges of gifts so
6834	long as the facilities being financed thereby have been included
6835	in the university's 5-year capital improvement plan which has
6836	been approved by the Board of Governors and the maturity of the
6837	debt, including extensions, renewals, and refundings, does not
6838	exceed 5 years.
6839	(4)  The approval of the Board of Governors of revenue
6840	bonds, except refunding bonds, or debt must be requested by a
6841	resolution of the board of trustees of each state university
6842	involved in the issuance of the revenue bonds or debt.
6843	(5)  Revenue bonds or debt issued hereunder may be secured
6844	on a parity with prior revenue bonds or debt issued by or on
6845	behalf of one or more universities or a direct-support
6846	organization.
6847	(6)  Capital outlay projects to be financed by revenue
6848	bonds or debt are limited to those approved by the Legislature
6849	either through approval of the specific project or general
6850	approval of the type or category of capital outlay project.
6851	(7)(a)  As required pursuant to s. 11(d), Art. VII of the
6852	State Constitution and subsection (6), the Legislature hereby
6853	approves those capital outlay projects which meet the following
6854	requirements:
6855	1.  The project is located on a campus of a state
6856	university or on land leased to the state university or land
6857	that is used for activities relating to the state university.
6858	2.  The project is included in the master plan of the state
6859	university or is for facilities not required to be in a state
6860	university's master plan.
6861	3.  The project is approved by the Board of Governors as
6862	being consistent with the strategic plan of the state university
6863	and the programs offered by the state university.
6864	4.  The project is for purposes relating to housing,
6865	transportation, health care, research or research-related
6866	activities, food service, or retail sales of the state
6867	university.
6868	(b)  Capital outlay projects for the acquisition of
6869	equipment or software are also approved for purposes of
6870	subsection (6) to the extent that the overall term of the
6871	financing, including any extension, renewal, or refinancings
6872	thereof, does not exceed 5 years or the estimated useful life of
6873	the equipment or software, whichever is shorter.
6874	(8)  Notwithstanding any other law, the Board of Governors,
6875	each state university, and any direct-support organization must
6876	comply with the provisions of this section to issue or enter
6877	into agreements for the issuance of revenue bonds or debt.
6878	(9)  The Board of Governors may adopt such rules or
6879	policies as may be necessary or desirable to carry out all of
6880	the requirements of this section and may do all things necessary
6881	or desirable to carry out the powers granted in this section.
6882	Such rules or policies may include categories of debt, other
6883	than revenue bonds, which may be issued without the Board of
6884	Governors' approval of the specific issuance, provided the
6885	issuance complies with any terms, conditions, or requirements
6886	included in such policy and laws governing the imposition of
6887	fees and laws requiring specific authority to pledge revenues to
6888	secure debt.
6889	(10)  Any legal commitments, contracts, or other
6890	obligations relating to the financing of capital outlay
6891	projects, which were lawfully entered into prior to July 1,
6892	2006, shall remain in full force and effect. Any such legal
6893	commitment, contract, or other obligation may be amended without
6894	compliance with this section but only to the extent that such
6895	amendment does not extend the term of the underlying obligation
6896	or increase the financial obligation of the Board of Governors,
6897	a state university, or a direct-support organization.
6898	Section 147.  Section 1010.86, Florida Statutes, is amended
6899	to read:
6900	1010.86  Administration of capital improvement and building
6901	fees trust funds.--The Board of Governors State Board of
6902	Education shall administer the Capital Improvement Fee Trust
6903	Fund and the Building Fee Trust Fund which include receipts from
6904	capital improvement and building student fee assessments,
6905	interest earnings, and subsidy grants. All funds, except those
6906	to be used for debt service payments, reserve requirements, and
6907	educational research centers for child development, pursuant to
6908	s. 1011.48, shall be used to fund projects appropriated by the
6909	Legislature. Projects funded pursuant to this section may be
6910	expanded by the use of supplemental funds such as grants,
6911	auxiliary enterprises, private donations, and other nonstate
6912	sources.
6913	Section 148.  Section 1011.01, Florida Statutes, is amended
6914	to read:
6915	1011.01  Budget system established.--
6916	(1)  The State Board of Education shall prepare and submit
6917	a coordinated K-20 education annual legislative budget request
6918	to the Governor and the Legislature on or before the date
6919	provided by the Governor and the Legislature. The board's
6920	legislative budget request must clearly define the needs of
6921	school districts, community colleges, universities, other
6922	institutions, organizations, programs, and activities under the
6923	supervision of the board and that are assigned by law or the
6924	General Appropriations Act to the Department of Education.
6925	(2)(a)  There shall be established in each school district
6926	and, community college, and university a budget system as
6927	prescribed by law and rules of the State Board of Education.
6928	(b)  There shall be established in each state university a
6929	budget system as prescribed by law and rules of the Board of
6930	Governors.
6931	(3)(a)  Each district school board and, each community
6932	college board of trustees, and each state university board of
6933	trustees shall prepare, adopt, and submit to the Commissioner of
6934	Education for review an annual operating budget. Operating
6935	budgets shall be prepared and submitted in accordance with the
6936	provisions of law, rules of the State Board of Education, the
6937	General Appropriations Act, and for district school boards in
6938	accordance with the provisions of ss. 200.065 and 1011.64.
6939	(b)  Each state university board of trustees shall prepare,
6940	adopt, and submit to the Chancellor of the State University
6941	System for review an annual operating budget in accordance with
6942	provisions of law, rules of the Board of Governors, and the
6943	General Appropriations Act.
6944	(4)  The State Board of Education shall coordinate with the
6945	Board of Governors to facilitate the budget system requirements
6946	of this section. The Board of Governors exclusively retains the
6947	review and approval powers of this section for state
6948	universities.
6949	Section 149.  Section 1011.011, Florida Statutes, is
6950	amended to read:
6951	1011.011  Legislative capital outlay budget request.--The
6952	State Board of Education shall submit an integrated,
6953	comprehensive budget request for educational facilities
6954	construction and fixed capital outlay needs for school
6955	districts, community colleges, and, in conjunction with the
6956	Board of Governors, universities pursuant to this section and s.
6957	1013.46 and applicable provisions of chapter 216.
6958	Section 150.  Section 1011.40, Florida Statutes, is amended
6959	to read:
6960	1011.40  Budgets for universities.--
6961	(1)  LEGISLATIVE BUDGET REQUEST.--The Board of Governors
6962	State Board of Education shall provide instructions, guidelines,
6963	and standard formats to be used by each university that will
6964	provide to the Board of Governors State Board of Education and
6965	the Legislature adequate information to support and justify the
6966	legislative budget requests submitted pursuant to ss. 216.023,
6967	1011.90, and 1013.60 for each university.
6968	(2)  OPERATING BUDGET.--Each university board of trustees
6969	shall adopt an operating budget for the operation of the
6970	university as prescribed by law and rules of the Board of
6971	Governors State Board of Education. Each university president
6972	shall prepare and implement the operating budget of the
6973	university as prescribed by law, rules of the Board of Governors
6974	State Board of Education, policies of the university board of
6975	trustees, and provisions of the General Appropriations Act. The
6976	proposed expenditures, plus transfers, and balances shall not
6977	exceed the estimated income, transfers, and balances. The budget
6978	and each part thereof shall balance. If at any time the
6979	unencumbered balance in the education and general fund of the
6980	university board of trustees approved operating budget goes
6981	below 5 percent, the president shall provide written
6982	notification to the Board of Governors State Board of Education.
6983	(3)  EXPENDITURES.--Expenditures from any source of funds
6984	by any university shall not exceed the funds available.
6985	Expenditures shall not exceed the amount budgeted under each
6986	classification of accounts for each fund and the total amount of
6987	the budget, as amended as prescribed by rules of the Board of
6988	Governors State Board of Education. No expenditure of funds,
6989	contract, or agreement of any nature shall be made that requires
6990	additional appropriation of funds by the Legislature unless
6991	specifically authorized in advance by law or the General
6992	Appropriations Act.
6993	(4)  DISTRIBUTION OF APPROPRIATION.--Funds appropriated in
6994	the General Appropriations Act for the operation of state
6995	universities shall be distributed by the State Board of
6996	Education to the universities twice monthly. The Executive
6997	Office of the Governor may modify this schedule if required to
6998	meet specific needs of a university.
6999	Section 151.  Section 1011.41, Florida Statutes, is amended
7000	to read:
7001	1011.41  University appropriations.--Funds for the general
7002	operations of universities shall be requested and appropriated
7003	as Aid to Local Governments Grants and Aids, subject to
7004	provisions of the General Appropriations Act. Funds provided to
7005	state universities in the General Appropriations Act are
7006	contingent upon each university complying with the tuition and
7007	fee policies established in the proviso language and with the
7008	tuition and fee policies for state universities included in part
7009	II of chapter 1009. However, the funds appropriated to a
7010	specific university shall not be affected by the failure of
7011	another university to comply with this provision.
7012	Section 152.  Section 1011.4106, Florida Statutes, is
7013	amended to read:
7014	1011.4106  Trust fund dissolution and local account
7015	appropriations.--
7016	(1)  Notwithstanding the provisions of ss. 215.3206(2) and
7017	215.3208(2), and pursuant to s. 216.351, all unexpended balances
7018	as of June 30, 2002, in the following state university system
7019	trust funds are hereby appropriated to the appropriate accounts
7020	of each university based upon the original source of the trust
7021	fund revenue and any accrued interest: the Education/General
7022	Student and Other Fees Trust Fund, the Experiment Station
7023	Federal Grant Trust Fund, the Experiment Station Incidental
7024	Trust Fund, the Extension Service Federal Grant Trust Fund, the
7025	Extension Service Incidental Trust Fund, the Incidental Trust
7026	Fund, the UF Health Center Operations and Maintenance Trust
7027	Fund, the Operations and Maintenance Trust Fund, and all other
7028	trust funds in the State Treasury for universities. Expenditure
7029	of these funds by each university must be based on the laws,
7030	rules, grant agreements, or other legal controlling factors
7031	associated with all trust fund balances which are appropriated
7032	to local accounts pursuant to this section, and included in each
7033	university board of trustees' approved operating budget. Each
7034	university shall be responsible for the payment of outstanding
7035	debts or obligations associated with these funds.
7036	(2)  Any appropriations provided in the General
7037	Appropriations Act from the Education/General Student and Other
7038	Fees Trust Fund are the only budget authority for the fiscal
7039	year to the named universities to expend tuition and fees that
7040	are collected during the fiscal year and carried forward from
7041	the prior fiscal year. The expenditure of tuition and fee
7042	revenues from local accounts by each university shall not exceed
7043	the authority provided in the General Appropriations Act unless
7044	approved pursuant to the provisions of chapter 216. If a court
7045	of competent jurisdiction finds that the restriction in this
7046	subsection is invalid, the appropriations made by this section
7047	are hereby repealed and the moneys described in this section
7048	shall be deposited in the State Treasury for expenditure only
7049	pursuant to appropriations made by law.
7050	Section 153.  Subsections (3), (4), and (5) of section
7051	1011.48, Florida Statutes, are amended to read:
7052	1011.48  Establishment of educational research centers for
7053	child development.--
7054	(3)  Each center is authorized to charge fees for the care
7055	and services it provides. Such fees must be approved by the
7056	Board of Governors State Board of Education and may be imposed
7057	on a sliding scale based on ability to pay or any other factors
7058	deemed relevant by the board.
7059	(4)  The Board of Governors State Board of Education is
7060	authorized and directed to adopt promulgate rules for the
7061	establishment, operation, and supervision of educational
7062	research centers for child development. Such rules shall
7063	include, but need not be limited to: a defined method of
7064	establishment of and participation in the operation of centers
7065	by the appropriate student government associations; guidelines
7066	for the establishment of an intern program in each center; and
7067	guidelines for the receipt and monitoring of funds from grants
7068	and other sources of funds consistent with existing laws.
7069	(5)  Each educational research center for child development
7070	shall be funded by a portion of the Capital Improvement Trust
7071	Fund fee established by the Board of Governors State Board of
7072	Education pursuant to s. 1009.24(5)(7). Each university that
7073	establishes a center shall receive a portion of such fees
7074	collected from the students enrolled at that university, usable
7075	only at that university, equal to 22.5 cents per student per
7076	credit hour taken per term, based on the summer term and fall
7077	and spring semesters. This allocation shall be used by the
7078	university only for the establishment and operation of a center
7079	as provided by this section and rules promulgated hereunder.
7080	Said allocation may be made only after all bond obligations
7081	required to be paid from such fees have been met.
7082	Section 154.  Subsection (1) of section 1011.82, Florida
7083	Statutes, is amended to read:
7084	1011.82  Requirements for participation in Community
7085	College Program Fund.--Each community college district which
7086	participates in the state appropriations for the Community
7087	College Program Fund shall provide evidence of its effort to
7088	maintain an adequate community college program which shall:
7089	(1)  Meet the minimum standards prescribed by the State
7090	Board of Education in accordance with s. 1001.02(6)(9).
7091	Section 155.  Subsection (4) of section 1011.90, Florida
7092	Statutes, is amended to read:
7093	1011.90  State university funding.--
7094	(4)  The Board of Governors State Board of Education shall
7095	establish and validate a cost-estimating system consistent with
7096	the requirements of subsection (1) and shall report as part of
7097	its legislative budget request the actual expenditures for the
7098	fiscal year ending the previous June 30. Expenditure analysis,
7099	operating budgets, and annual financial statements of each
7100	university must be prepared using the standard financial
7101	reporting procedures and formats prescribed by the Board of
7102	Governors State Board of Education. These formats shall be the
7103	same as used for the 2000-2001 fiscal year reports. Any
7104	revisions to these financial and reporting procedures and
7105	formats must be approved by the Executive Office of the Governor
7106	and the appropriations committees of the Legislature jointly
7107	under the provisions of s. 216.023(3). The Board of Governors
7108	State Board of Education shall continue to collect and maintain
7109	at a minimum the management information databases existing on
7110	June 30, 2002. The expenditure analysis report shall include
7111	total expenditures from all sources for the general operation of
7112	the university and shall be in such detail as needed to support
7113	the legislative budget request.
7114	Section 156.  Subsections (1) and (2) of section 1011.91,
7115	Florida Statutes, are amended to read:
7116	1011.91  Additional appropriation.--
7117	(1)  Except as otherwise provided in the General
7118	Appropriations Act, all moneys received by universities, other
7119	than from state and federal sources, from student building and
7120	capital improvement fees authorized in s. 1009.24, and from
7121	vending machine collections, are hereby appropriated to the use
7122	of the respective universities collecting same, to be expended
7123	as the university board of trustees may direct; however, the
7124	funds shall not be expended except in pursuance of detailed
7125	budgets filed with the Board of Governors State Board of
7126	Education and shall not be expended for the construction or
7127	reconstruction of buildings except as provided under s. 1013.74.
7128	If the moneys described in this section are appropriated through
7129	the General Appropriations Act, the appropriations made by this
7130	section are hereby repealed and the moneys described in this
7131	section shall be deposited in the State Treasury for expenditure
7132	only pursuant to appropriations made by law.
7133	(2)  All moneys received from vending machine collections
7134	by a state university universities shall be expended only as set
7135	forth in detailed budgets approved by the university's board of
7136	trustees State Board of Education.
7137	Section 157.  Subsections (1), (2), (3), and (5) of section
7138	1011.94, Florida Statutes, are amended to read:
7139	1011.94  Trust Fund for University Major Gifts.--
7140	(1)  There is established a Trust Fund for University Major
7141	Gifts. The purpose of the trust fund is to enable each state
7142	university and New College to provide donors with an incentive
7143	in the form of matching grants for donations for the
7144	establishment of permanent endowments and sales tax exemption
7145	matching funds received pursuant to s. 212.08(5)(j), which must
7146	be invested, with the proceeds of the investment used to support
7147	libraries and instruction and research programs, as defined by
7148	the Board of Governors State Board of Education. All funds
7149	appropriated for the challenge grants, new donors, major gifts,
7150	sales tax exemption matching funds pursuant to s. 212.08(5)(j),
7151	or eminent scholars program may be deposited into the trust fund
7152	and invested pursuant to s. 17.61 until the State Board of
7153	Education allocates the funds are allocated to universities to
7154	match private donations. Notwithstanding s. 216.301 and pursuant
7155	to s. 216.351, any undisbursed balance remaining in the trust
7156	fund and interest income accruing to the portion of the trust
7157	fund which is not matched and distributed to universities must
7158	remain in the trust fund and be used to increase the total funds
7159	available for challenge grants. Funds deposited in the trust
7160	fund for the sales tax exemption matching program authorized in
7161	s. 212.08(5)(j), and interest earnings thereon, shall be
7162	maintained in a separate account within the Trust Fund for
7163	University Major Gifts, and may be used only to match qualified
7164	sales tax exemptions that a certified business designates for
7165	use by state universities and community colleges to support
7166	research and development projects requested by the certified
7167	business. The State Board of Education may authorize any
7168	university to encumber the state matching portion of a challenge
7169	grant from funds available under s. 1011.45.
7170	(2)  The Board of Governors State Board of Education shall
7171	specify the process for submission, documentation, and approval
7172	of requests for matching funds, accountability for endowments
7173	and proceeds of endowments, allocations to universities,
7174	restrictions on the use of the proceeds from endowments, and
7175	criteria used in determining the value of donations.
7176	(3)(a)  The State Board of Education shall allocate the
7177	amount appropriated to the trust fund to each university and New
7178	College based on the amount of the donation and the restrictions
7179	applied to the donation.
7180	(b)  Donations for a specific purpose are eligible to must
7181	be matched in the following manner:
7182	(a)1.  Each university that raises at least $100,000 but no
7183	more than $599,999 from a private source may must receive a
7184	matching grant up equal to 50 percent of the private
7185	contribution.
7186	(b)2.  Each university that raises a contribution of at
7187	least $600,000 but no more than $1 million from a private source
7188	may must receive a matching grant up equal to 70 percent of the
7189	private contribution.
7190	(c)3.  Each university that raises a contribution in excess
7191	of $1 million but no more than $1.5 million from a private
7192	source may must receive a matching grant up equal to 75 percent
7193	of the private contribution.
7194	(d)4.  Each university that raises a contribution in excess
7195	of $1.5 million but no more than $2 million from a private
7196	source may must receive a matching grant up equal to 80 percent
7197	of the private contribution.
7198	(e)5.  Each university that raises a contribution in excess
7199	of $2 million from a private source may must receive a matching
7200	grant up equal to 100 percent of the private contribution.
7201	(c)  The State Board of Education shall encumber state
7202	matching funds for any pledged contributions, pro rata, based on
7203	the requirements for state matching funds as specified for the
7204	particular challenge grant and the amount of the private
7205	donations actually received by the university for the respective
7206	challenge grant.
7207	(5)(a)  Each state university foundation and New College
7208	Foundation shall establish a challenge grant account for each
7209	challenge grant as a depository for private contributions and
7210	state matching funds to be administered on behalf of the Board
7211	of Governors or the state Board of Education, the university, or
7212	New College. State matching funds must be transferred to a
7213	university foundation or New College Foundation upon
7214	notification that the university or New College has received and
7215	deposited the amount specified in this section in a foundation
7216	challenge grant account.
7217	(b)  The foundation serving a state university and New
7218	College Foundation each has the responsibility for the
7219	maintenance and investment of its challenge grant account and
7220	for the administration of the program on behalf of the
7221	university or New College, pursuant to procedures specified by
7222	the Board of Governors State Board of Education. Each foundation
7223	shall include in its annual report to the Board of Governors
7224	State Board of Education information concerning collection and
7225	investment of matching gifts and donations and investment of the
7226	account.
7227	(c)  A donation of at least $600,000 and associated state
7228	matching funds may be used to designate an Eminent Scholar
7229	Endowed Chair pursuant to procedures specified by the Board of
7230	Governors State Board of Education.
7231	Section 158.  Section 1012.01, Florida Statutes, is amended
7232	to read:
7233	1012.01  Definitions.--As used in this chapter, the
7234	following terms have the following meanings Specific definitions
7235	shall be as follows, and wherever such defined words or terms
7236	are used in the Florida K-20 Education Code, they shall be used
7237	as follows:
7238	(1)  SCHOOL OFFICERS.--The officers of the state system of
7239	public K-12 and community college education shall be the
7240	Commissioner of Education and the members of the State Board of
7241	Education; and, for each district school system, the officers
7242	shall be the district school superintendent and members of the
7243	district school board; and for each community college, the
7244	officers shall be the community college president and members of
7245	the community college board of trustees.
7246	(2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
7247	means any K-12 staff member whose function includes the
7248	provision of direct instructional services to students.
7249	Instructional personnel also includes K-12 personnel whose
7250	functions provide direct support in the learning process of
7251	students. Included in the classification of instructional
7252	personnel are the following K-12 personnel:
7253	(a)  Classroom teachers.--Classroom teachers are staff
7254	members assigned the professional activity of instructing
7255	students in courses in classroom situations, including basic
7256	instruction, exceptional student education, career education,
7257	and adult education, including substitute teachers.
7258	(b)  Student personnel services.--Student personnel
7259	services include staff members responsible for: advising
7260	students with regard to their abilities and aptitudes,
7261	educational and occupational opportunities, and personal and
7262	social adjustments; providing placement services; performing
7263	educational evaluations; and similar functions. Included in this
7264	classification are guidance counselors, social workers, career
7265	specialists, and school psychologists.
7266	(c)  Librarians/media specialists.--Librarians/media
7267	specialists are staff members responsible for providing school
7268	library media services. These employees are responsible for
7269	evaluating, selecting, organizing, and managing media and
7270	technology resources, equipment, and related systems;
7271	facilitating access to information resources beyond the school;
7272	working with teachers to make resources available in the
7273	instructional programs; assisting teachers and students in media
7274	productions; and instructing students in the location and use of
7275	information resources.
7276	(d)  Other instructional staff.--Other instructional staff
7277	are staff members who are part of the instructional staff but
7278	are not classified in one of the categories specified in
7279	paragraphs (a)-(c). Included in this classification are primary
7280	specialists, learning resource specialists, instructional
7281	trainers, adjunct educators certified pursuant to s. 1012.57,
7282	and similar positions.
7283	(e)  Education paraprofessionals.--Education
7284	paraprofessionals are individuals who are under the direct
7285	supervision of an instructional staff member, aiding the
7286	instructional process. Included in this classification are
7287	classroom paraprofessionals in regular instruction, exceptional
7288	education paraprofessionals, career education paraprofessionals,
7289	adult education paraprofessionals, library paraprofessionals,
7290	physical education and playground paraprofessionals, and other
7291	school-level paraprofessionals.
7292	(3)  ADMINISTRATIVE PERSONNEL.--"Administrative personnel"
7293	includes K-12 personnel who perform management activities such
7294	as developing broad policies for the school district and
7295	executing those policies through the direction of personnel at
7296	all levels within the district. Administrative personnel are
7297	generally high-level, responsible personnel who have been
7298	assigned the responsibilities of systemwide or schoolwide
7299	functions, such as district school superintendents, assistant
7300	superintendents, deputy superintendents, school principals,
7301	assistant principals, career center directors, and others who
7302	perform management activities. Broad classifications of K-12
7303	administrative personnel are as follows:
7304	(a)  District-based instructional administrators.--Included
7305	in this classification are persons with district-level
7306	administrative or policymaking duties who have broad authority
7307	for management policies and general school district operations
7308	related to the instructional program. Such personnel often
7309	report directly to the district school superintendent and
7310	supervise other administrative employees. This classification
7311	includes assistant, associate, or deputy superintendents and
7312	directors of major instructional areas, such as curriculum,
7313	federal programs such as Title I, specialized instructional
7314	program areas such as exceptional student education, career
7315	education, and similar areas.
7316	(b)  District-based noninstructional
7317	administrators.--Included in this classification are persons
7318	with district-level administrative or policymaking duties who
7319	have broad authority for management policies and general school
7320	district operations related to the noninstructional program.
7321	Such personnel often report directly to the district school
7322	superintendent and supervise other administrative employees.
7323	This classification includes assistant, associate, or deputy
7324	superintendents and directors of major noninstructional areas,
7325	such as personnel, construction, facilities, transportation,
7326	data processing, and finance.
7327	(c)  School administrators.--Included in this
7328	classification are:
7329	1.  School principals or school directors who are staff
7330	members performing the assigned activities as the administrative
7331	head of a school and to whom have been delegated responsibility
7332	for the coordination and administrative direction of the
7333	instructional and noninstructional activities of the school.
7334	This classification also includes career center directors.
7335	2.  Assistant principals who are staff members assisting
7336	the administrative head of the school. This classification also
7337	includes assistant principals for curriculum and administration.
7338	(4)  YEAR OF SERVICE.--The minimum time which may be
7339	recognized in administering K-12 the state program of education,
7340	not including retirement, as a year of service by a school
7341	employee shall be full-time actual service; and, beginning July
7342	1963, such service shall also include sick leave and holidays
7343	for which compensation was received but shall exclude all other
7344	types of leave and holidays for a total of more than one-half of
7345	the number of days required for the normal contractual period of
7346	service for the position held, which shall be 196 days or
7347	longer, or the minimum required for the district to participate
7348	in the Florida Education Finance Program in the year service was
7349	rendered, or the equivalent for service performed on a daily or
7350	hourly basis; provided, further, that absence from duty after
7351	the date of beginning service shall be covered by leave duly
7352	authorized and granted; further, the school board shall have
7353	authority to establish a different minimum for local district
7354	school purposes.
7355	(5)  SCHOOL VOLUNTEER.--A K-12 school volunteer is any
7356	nonpaid person who may be appointed by a district school board
7357	or its designee. School volunteers may include, but may not be
7358	limited to, parents, senior citizens, students, and others who
7359	assist the teacher or other members of the school staff.
7360	(6)  EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support
7361	employees" means K-12 employees whose job functions are neither
7362	administrative nor instructional, yet whose work supports the
7363	educational process.
7364	(a)  Other professional staff or
7365	nonadministrative/noninstructional employees are staff members
7366	who perform professional job functions which are
7367	nonadministrative/noninstructional in nature and who are not
7368	otherwise classified in this section. Included in this
7369	classification are employees such as doctors, nurses, attorneys,
7370	certified public accountants, and others appropriate to the
7371	classification.
7372	(b)  Technicians are individuals whose occupations require
7373	a combination of knowledge and manual skill which can be
7374	obtained through about 2 years of post-high school education,
7375	such as is offered in many career centers and community
7376	colleges, or through equivalent on-the-job training.
7377	(c)  Clerical/secretarial workers are individuals whose job
7378	requires skills and training in clerical-type work, including
7379	activities such as preparing, transcribing, systematizing, or
7380	preserving written communications and reports or operating
7381	equipment performing those functions. Included in this
7382	classification are secretaries, bookkeepers, messengers, and
7383	office machine operators.
7384	(d)  Skilled crafts workers are individuals who perform
7385	jobs which require special manual skill and a thorough and
7386	comprehensive knowledge of the processes involved in the work
7387	which is acquired through on-the-job training and experience or
7388	through apprenticeship or other formal training programs. Lead
7389	workers for the various skilled crafts areas shall be included
7390	in this classification.
7391	(e)  Service workers are staff members performing a service
7392	for which there are no formal qualifications, including those
7393	responsible for: cleaning the buildings, school plants, or
7394	supporting facilities; maintenance and operation of such
7395	equipment as heating and ventilation systems; preserving the
7396	security of school property; and keeping the school plant safe
7397	for occupancy and use. Lead workers in the various service areas
7398	shall be included in this broad classification.
7399	(7)  MANAGERS.--"Managers" includes those K-12 staff
7400	members who perform managerial and supervisory functions while
7401	usually also performing general operations functions. Managers
7402	may be either instructional or noninstructional in their
7403	responsibility. They may direct employees' work, plan the work
7404	schedule, control the flow and distribution of work or
7405	materials, train employees, handle complaints, authorize
7406	payments, and appraise productivity and efficiency of employees.
7407	This classification includes coordinators and supervisors
7408	working under the general direction of those staff identified as
7409	district-based instructional or noninstructional administrators.
7410	Section 159.  Subsection (1) of section 1012.80, Florida
7411	Statutes, is amended to read:
7412	1012.80  Participation by employees in disruptive
7413	activities at public postsecondary educational institutions;
7414	penalties.--
7415	(1)(a)  Any person who accepts the privilege extended by
7416	the laws of this state of employment at any community college
7417	public postsecondary educational institution shall, by so
7418	working at such institution, be deemed to have given his or her
7419	consent to the policies of that institution, the policies of the
7420	State Board of Education, and the laws of this state. Such
7421	policies shall include prohibition against disruptive activities
7422	at community colleges public postsecondary educational
7423	institutions.
7424	(b)  Any person who accepts the privilege extended by the
7425	laws of this state of employment at any state university shall,
7426	by working at such institution, be deemed to have given his or
7427	her consent to the policies of that institution, the policies of
7428	the Board of Governors, and the laws of this state. Such
7429	policies shall include prohibition against disruptive activities
7430	at state universities.
7431	Section 160.  Section 1012.801, Florida Statutes, is
7432	amended to read:
7433	1012.801  Employees of the Board of Governors Division of
7434	Colleges and Universities.--Employees of the Board of Governors
7435	Division of Colleges and Universities of the Department of
7436	Education who were are participating in the State University
7437	Optional Retirement Program prior to June 30, 2002, shall be
7438	eligible to continue such participation as long as they remain
7439	employees of the Board of Governors Department of Education or a
7440	state university without a break in continuous service.
7441	Section 161.  Section 1012.93, Florida Statutes, is amended
7442	to read:
7443	1012.93  Faculty members; test of spoken English.--The
7444	State Board of Education shall adopt rules requiring that All
7445	faculty members in each state university and New College, other
7446	than those persons who teach courses that are conducted
7447	primarily in a foreign language, shall be proficient in the oral
7448	use of English, as determined by a satisfactory grade on the
7449	"Test of Spoken English" of the Educational Testing Service or a
7450	similar test approved by the Board of Governors state board.
7451	Section 162.  Subsections (1) and (2) of section 1012.97,
7452	Florida Statutes, are amended to read:
7453	1012.97  University police.--
7454	(1)  Each university may is empowered and directed to
7455	provide for police officers for the university, and such police
7456	officers shall hereafter be known and designated as the
7457	"university police."
7458	(2)  The university police are hereby declared to be law
7459	enforcement officers of the state and conservators of the peace
7460	with the right to arrest, in accordance with the laws of this
7461	state, any person for violation of state law or applicable
7462	county or city ordinances when such violations occur on any
7463	property or facilities that are under the guidance, supervision,
7464	regulation, or control of the state university or a direct-
7465	support organization of such university, except that arrest may
7466	be made off campus when hot pursuit originates on any such
7467	property or facilities. Such officers shall have full authority
7468	to bear arms in the performance of their duties and to execute
7469	search warrants within their territorial jurisdiction.
7470	University police, when requested by the sheriff or local police
7471	authority, may serve subpoenas or other legal process and may
7472	make arrest of any person against whom a warrant has been issued
7473	or any charge has been made of violation of federal or state
7474	laws or county or city ordinances.
7475	Section 163.  Section 1012.975, Florida Statutes, is
7476	amended to read:
7477	1012.975  Remuneration of certain employees of public
7478	postsecondary educational institutions state university
7479	presidents; limitations.--
7480	(1)  DEFINITIONS.--As used in this section, the term:
7481	(a)  "Cash-equivalent compensation" means any benefit that
7482	may be assigned an equivalent cash value.
7483	(b)  "Public funds" means funds appropriated from the
7484	General Revenue Fund, funds appropriated from state trust funds,
7485	tuition and fees, or any funds from a state university trust
7486	fund regardless of repository.
7487	(c)  "Remuneration" means salary, bonuses, and cash-
7488	equivalent compensation paid to an employee identified in
7489	subsection (2) a state university president by his or her
7490	employer for work performed, excluding health insurance benefits
7491	and retirement benefits.
7492	(2)  LIMITATION ON COMPENSATION.--Notwithstanding any other
7493	law, resolution, or rule to the contrary, a state university
7494	president, a state university provost, or a community college
7495	president may not receive more than $225,000 in remuneration
7496	annually from public funds. Only compensation, as such term is
7497	defined in s. 121.021(22), provided to a state university
7498	president, a state university provost, or a community college
7499	president may be used in calculating benefits under chapter 121.
7500	(3)  EXCEPTIONS.--This section does not prohibit any party
7501	from providing cash or cash-equivalent compensation from funds
7502	that are not public funds to an employee identified in
7503	subsection (2) a state university president in excess of the
7504	limit in subsection (2). If a party is unable or unwilling to
7505	fulfill an obligation to provide cash or cash-equivalent
7506	compensation to an employee identified in subsection (2) a state
7507	university president as permitted under this subsection, public
7508	funds may not be used to fulfill such obligation.
7509	Section 164.  Paragraph (d) of subsection (4) of section
7510	1012.98, Florida Statutes, is amended to read:
7511	1012.98  School Community Professional Development Act.--
7512	(4)  The Department of Education, school districts,
7513	schools, community colleges, and state universities share the
7514	responsibilities described in this section. These
7515	responsibilities include the following:
7516	(d)  The Department of Education shall approve a public
7517	state university having an approved physical education teacher
7518	preparation program within its college of education to develop
7519	and implement an Internet-based clearinghouse for physical
7520	education professional development programs that may be accessed
7521	and used by all instructional personnel. The development of
7522	these programs shall be financed primarily by private funds and
7523	shall be available for use no later than August 1, 2005.
7524	Section 165.  Subsection (3) of section 1013.01, Florida
7525	Statutes, is amended to read:
7526	1013.01  Definitions.--The following terms shall be defined
7527	as follows for the purpose of this chapter:
7528	(3)  "Board," unless otherwise specified, means a district
7529	school board, a community college board of trustees, a
7530	university board of trustees, and the Board of Trustees for the
7531	Florida School for the Deaf and the Blind. The term "board" does
7532	not include the State Board of Education or the Board of
7533	Governors.
7534	Section 166.  Subsection (2) of section 1013.02, Florida
7535	Statutes, is amended to read:
7536	1013.02  Purpose; rules.--
7537	(2)(a)  The State Board of Education shall adopt rules
7538	pursuant to ss. 120.536(1) and 120.54 to implement the
7539	provisions of this chapter for school districts and community
7540	colleges.
7541	(b)  The Board of Governors shall adopt rules pursuant to
7542	ss. 120.536(1) and 120.54 to implement the provisions of this
7543	chapter for state universities.
7544	Section 167.  Section 1013.03, Florida Statutes, is amended
7545	to read:
7546	1013.03  Functions of the department and the Board of
7547	Governors.--The functions of the Department of Education as it
7548	pertains to educational facilities of school districts and
7549	community colleges and of the Board of Governors as it pertains
7550	to educational facilities of state universities shall include,
7551	but not be limited to, the following:
7552	(1)  Establish recommended minimum and maximum square
7553	footage standards for different functions and areas and
7554	procedures for determining the gross square footage for each
7555	educational facility to be funded in whole or in part by the
7556	state, including public broadcasting stations but excluding
7557	postsecondary special purpose laboratory space. The gross square
7558	footage determination standards may be exceeded when the core
7559	facility space of an educational facility is constructed or
7560	renovated to accommodate the future addition of classrooms to
7561	meet projected increases in student enrollment. The department
7562	and the Board of Governors shall encourage multiple use of
7563	facilities and spaces in educational plants.
7564	(2)  Establish, for the purpose of determining need,
7565	equitably uniform utilization standards for all types of like
7566	space, regardless of the level of education. These standards
7567	shall be reviewed and updated a minimum of every 5 years to
7568	ensure that they accurately reflect the need for each type of
7569	space. These standards shall also establish, for postsecondary
7570	education classrooms, a minimum room utilization rate of 50 40
7571	hours per week and a minimum station utilization rate of 70 60
7572	percent. Each postsecondary educational institution shall report
7573	to its board of trustees and the Department of Education or the
7574	Board of Governors, as appropriate, on the success of strategies
7575	implemented to maximize use of existing classrooms and provide
7576	utilization data by day of week and hour of day when requesting
7577	fixed capital outlay funding to build additional classrooms.
7578	These rates shall be subject to increase based on national norms
7579	for utilization of postsecondary education classrooms.
7580	(3)  Require boards to submit other educational plant
7581	inventories data and statistical data or information relevant to
7582	construction, capital improvements, and related costs.
7583	(4)  Require each board and other appropriate agencies to
7584	submit complete and accurate financial data as to the amounts of
7585	funds from all sources that are available and spent for
7586	construction and capital improvements. The commissioner shall
7587	prescribe the format and the date for the submission of this
7588	data and any other educational facilities data. If any district
7589	does not submit the required educational facilities fiscal data
7590	by the prescribed date, the Commissioner of Education shall
7591	notify the district school board of this fact and, if
7592	appropriate action is not taken to immediately submit the
7593	required report, the district school board shall be directed to
7594	proceed pursuant to the provisions of s. 1001.42(11)(b). If any
7595	community college or university does not submit the required
7596	educational facilities fiscal data by the prescribed date, the
7597	same policy prescribed in this subsection for school districts
7598	shall be implemented. If any state university does not submit
7599	the required educational facilities fiscal data by the
7600	prescribed date, no further disbursements shall be made from the
7601	Public Education Capital Outlay and Debt Service Trust Fund to
7602	that university until the university submits the data and the
7603	data are validated.
7604	(5)  Administer, under the supervision of the Commissioner
7605	of Education, the Public Education Capital Outlay and Debt
7606	Service Trust Fund and the School District and Community College
7607	District Capital Outlay and Debt Service Trust Fund.
7608	(6)  Develop, review, update, revise, and recommend a
7609	mandatory portion of the Florida Building Code for educational
7610	facilities construction and capital improvement by community
7611	college boards and district school boards.
7612	(7)  Provide training, technical assistance, and building
7613	code interpretation for requirements of the mandatory Florida
7614	Building Code for the educational facilities construction and
7615	capital improvement programs of the community college boards and
7616	district school boards and, upon request, approve phase III
7617	construction documents for remodeling, renovation, or new
7618	construction of educational plants or ancillary facilities,
7619	except that university boards of trustees shall approve
7620	specifications and construction documents for their respective
7621	institutions pursuant to guidelines of the Board of Governors.
7622	The Department of Management Services may, upon request, provide
7623	similar services for the Florida School for the Deaf and the
7624	Blind and shall use the Florida Building Code and the Florida
7625	Fire Prevention Code.
7626	(8)  Provide minimum criteria, procedures, and training to
7627	boards to conduct educational plant surveys and document the
7628	determination of future needs.
7629	(9)  Make available to boards technical assistance,
7630	awareness training, and research and technical publications
7631	relating to lifesafety, casualty, sanitation, environmental,
7632	maintenance, and custodial issues; and, as needed, technical
7633	assistance for survey, planning, design, construction,
7634	operation, and evaluation of educational and ancillary
7635	facilities and plants, facilities administrative procedures
7636	review, and training for new administrators.
7637	(10)(a)  Review and validate surveys proposed or amended by
7638	the boards and recommend to the Commissioner of Education, for
7639	approval, surveys that meet the requirements of this chapter.
7640	1.  The term "validate" as applied to surveys by school
7641	districts means to review inventory data as submitted to the
7642	department by district school boards; provide for review and
7643	inspection, where required, of student stations and aggregate
7644	square feet of inventory changed from satisfactory to
7645	unsatisfactory or changed from unsatisfactory to satisfactory;
7646	compare new school inventory to allocation limits provided by
7647	this chapter; review cost projections for conformity with cost
7648	limits set by s. 1013.64(6); compare total capital outlay full-
7649	time equivalent enrollment projections in the survey with the
7650	department's projections; review facilities lists to verify that
7651	student station and auxiliary facility space allocations do not
7652	exceed the limits provided by this chapter and related rules;
7653	review and confirm the application of uniform facility
7654	utilization factors, where provided by this chapter or related
7655	rules; utilize the documentation of programs offered per site,
7656	as submitted by the board, to analyze facility needs; confirm
7657	that need projections for career and adult educational programs
7658	comply with needs documented by the Department of Education
7659	Office of Workforce and Economic Development; and confirm the
7660	assignment of full-time student stations to all space except
7661	auxiliary facilities, which, for purposes of exemption from
7662	student station assignment, include the following:
7663	a.  Cafeterias.
7664	b.  Multipurpose dining areas.
7665	c.  Media centers.
7666	d.  Auditoriums.
7667	e.  Administration.
7668	f.  Elementary, middle, and high school resource rooms, up
7669	to the number of such rooms recommended for the applicable
7670	occupant and space design capacity of the educational plant in
7671	the State Requirements for Educational Facilities, beyond which
7672	student stations must be assigned.
7673	g.  Elementary school skills labs, up to the number of such
7674	rooms recommended for the applicable occupant and space design
7675	capacity of the educational plant in the State Requirements for
7676	Educational Facilities, beyond which student stations must be
7677	assigned.
7678	h.  Elementary school art and music rooms.
7679	2.  The term "validate" as applied to surveys by community
7680	colleges and universities means to review and document the
7681	approval of each new site and official designation, where
7682	applicable; review the inventory database as submitted by each
7683	board to the department, including noncareer, and total capital
7684	outlay full-time equivalent enrollment projections per site and
7685	per college; provide for the review and inspection, where
7686	required, of student stations and aggregate square feet of space
7687	changed from satisfactory to unsatisfactory; utilize and review
7688	the documentation of programs offered per site submitted by the
7689	boards as accurate for analysis of space requirements and needs;
7690	confirm that needs projected for career and adult educational
7691	programs comply with needs documented by the Department of
7692	Education Office of Workforce and Economic Development; compare
7693	new facility inventory to allocations limits as provided in this
7694	chapter; review cost projections for conformity with state
7695	averages or limits designated by this chapter; compare student
7696	enrollment projections in the survey to the department's
7697	projections; review facilities lists to verify that area
7698	allocations and space factors for generating space needs do not
7699	exceed the limits as provided by this chapter and related rules;
7700	confirm the application of facility utilization factors as
7701	provided by this chapter and related rules; and review, as
7702	submitted, documentation of how survey recommendations will
7703	implement the detail of current campus master plans and
7704	integrate with local comprehensive plans and development
7705	regulations.
7706	(b)  Recommend priority of projects to be funded for
7707	approval by the state board, when required by law.
7708	(11)  Prepare the commissioner's comprehensive fixed
7709	capital outlay legislative budget request and provide annually
7710	an estimate of the funds available for developing required 3-
7711	year priority lists. This amount shall be based upon the average
7712	percentage for the 5 prior years of funds appropriated by the
7713	Legislature for fixed capital outlay to each level of public
7714	education: public schools, community colleges, and universities.
7715	(12)  Perform any other functions that may be involved in
7716	educational facilities construction and capital improvement
7717	which shall ensure that the intent of the Legislature is
7718	implemented.
7719	(13)  By October 1, 2003, review all rules related to
7720	school construction to identify requirements that are outdated,
7721	obsolete, unnecessary, or otherwise could be amended in order to
7722	provide additional flexibility to school districts to comply
7723	with the constitutional class size maximums described in s.
7724	1003.03(1) and make recommendations concerning such rules to the
7725	State Board of Education. The State Board of Education shall act
7726	on such recommendations by December 31, 2003.
7727	Section 168.  Section 1013.12, Florida Statutes, is amended
7728	to read:
7729	1013.12  Casualty, safety, sanitation, and firesafety
7730	standards and inspection of property.--
7731	(1)  FIRESAFETY.--The State Board of Education shall adopt
7732	and administer rules prescribing standards for the safety and
7733	health of occupants of educational and ancillary plants as a
7734	part of State Requirements for Educational Facilities or the
7735	Florida Building Code for educational facilities construction as
7736	provided in s. 1013.37, except that the State Fire Marshal in
7737	consultation with the Department of Education shall adopt
7738	uniform firesafety standards for educational and ancillary
7739	plants and educational facilities, as provided in s.
7740	633.022(1)(b), and a firesafety evaluation system to be used as
7741	an alternate firesafety inspection standard for existing
7742	educational and ancillary plants and educational facilities. The
7743	uniform firesafety standards and the alternate firesafety
7744	evaluation system shall be administered and enforced by local
7745	fire officials. These standards must be used by all public
7746	agencies when inspecting public educational and ancillary
7747	plants, and the firesafety standards must be used by local fire
7748	officials when performing firesafety inspections of public
7749	educational and ancillary plants and educational facilities. In
7750	accordance with such standards, each board shall prescribe
7751	policies and procedures establishing a comprehensive program of
7752	safety and sanitation for the protection of occupants of public
7753	educational and ancillary plants. Such policies must contain
7754	procedures for periodic inspections as prescribed in this
7755	section herein and for withdrawal of any educational and
7756	ancillary plant, or portion thereof, from use until unsafe or
7757	unsanitary conditions are corrected or removed.
7758	(2)(1)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
7759	BOARDS.--
7760	(a)  Each board shall provide for periodic inspection,
7761	other than firesafety inspection, of each educational and
7762	ancillary plant at least once during each fiscal year to
7763	determine compliance with standards of sanitation and casualty
7764	safety prescribed in the rules of the State Board of Education.
7765	(b)  Firesafety inspections of each educational and
7766	ancillary plant must be made annually by persons certified by
7767	the Division of State Fire Marshal to be eligible to conduct
7768	firesafety inspections in public educational and ancillary
7769	plants. The board shall submit a copy of the firesafety
7770	inspection report to the State Fire Marshal and, if there is a
7771	local fire official who conducts firesafety inspections, to the
7772	local fire official.
7773	(c)  In each firesafety inspection report, the board shall
7774	include a plan of action and a schedule for the correction of
7775	each deficiency which have been formulated in consultation with
7776	the local fire control authority. If immediate life-threatening
7777	deficiencies are noted in any inspection, the board shall either
7778	take action to promptly correct the deficiencies or withdraw the
7779	educational or ancillary plant from use until such time as the
7780	deficiencies are corrected.
7781	(3)(2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
7782	AGENCIES.--
7783	(a)  A safety or sanitation inspection of any educational
7784	or ancillary plant may be made at any time by the Department of
7785	Education or any other state or local agency authorized or
7786	required to conduct such inspections by either general or
7787	special law. Each agency conducting inspections shall use the
7788	standards adopted by the Commissioner of Education in lieu of,
7789	and to the exclusion of, any other inspection standards
7790	prescribed either by statute or administrative rule. The agency
7791	shall submit a copy of the inspection report to the board.
7792	(b)  One firesafety inspection of each educational or
7793	ancillary plant must be conducted each fiscal year by the
7794	county, municipality, or special fire control district in which
7795	the plant is located using the standards adopted by the State
7796	Fire Marshal. The board shall cooperate with the inspecting
7797	authority when a firesafety inspection is made by a governmental
7798	authority under this paragraph.
7799	(c)  In each firesafety inspection report, the local fire
7800	official in conjunction with the board shall include a plan of
7801	action and a schedule for the correction of each deficiency. If
7802	immediate life-threatening deficiencies are noted in any
7803	inspection, the local fire official shall either take action to
7804	require the board to promptly correct the deficiencies or
7805	withdraw the educational facility from use until the
7806	deficiencies are corrected, subject to review by the State Fire
7807	Marshal who shall act within 10 days to ensure that the
7808	deficiencies are corrected or withdraw the facility from use.
7809	(4)(3)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN
7810	FIRESAFETY DEFICIENCIES.--Upon failure of the board to take
7811	corrective action within a reasonable time, the agency making
7812	the inspection, other than a local fire official, may request
7813	the commissioner to:
7814	(a)  Order that appropriate action be taken to correct all
7815	deficiencies in accordance with a schedule determined jointly by
7816	the inspecting authority and the board; in developing the
7817	schedule, consideration must be given to the seriousness of the
7818	deficiencies and the ability of the board to obtain the
7819	necessary funds; or
7820	(b)  After 30 calendar days' notice to the board, order all
7821	or a portion of the educational or ancillary plant withdrawn
7822	from use until the deficiencies are corrected.
7823	(5)(4)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
7824	FACILITIES.--
7825	(a)  Firesafety inspections of community college and
7826	university facilities shall comply with State Board of Education
7827	rules.
7828	(b)  Firesafety inspections of state universities shall
7829	comply with rules of the Board of Governors.
7830	(6)(5)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
7831	failure of the board to take corrective action within the time
7832	designated in the plan of action to correct any firesafety
7833	deficiency noted under paragraph (2)(1)(c) or paragraph
7834	(3)(2)(c), the local fire official shall immediately report the
7835	deficiency to the State Fire Marshal, who shall have enforcement
7836	authority with respect to educational and ancillary plants and
7837	educational facilities as provided in chapter 633 for any other
7838	building or structure.
7839	(7)(6)  ADDITIONAL STANDARDS.--In addition to any other
7840	rules adopted under this section or s. 633.022, the State Fire
7841	Marshal in consultation with the Department of Education shall
7842	adopt and administer rules prescribing the following standards
7843	for the safety and health of occupants of educational and
7844	ancillary plants:
7845	(a)  The designation of serious life-safety hazards,
7846	including, but not limited to, nonfunctional fire alarm systems,
7847	nonfunctional fire sprinkler systems, doors with padlocks or
7848	other locks or devices that preclude egress at any time,
7849	inadequate exits, hazardous electrical system conditions,
7850	potential structural failure, and storage conditions that create
7851	a fire hazard.
7852	(b)  The proper placement of functional smoke and heat
7853	detectors and accessible, unexpired fire extinguishers.
7854	(c)  The maintenance of fire doors without doorstops or
7855	wedges improperly holding them open.
7856	(8)(7)  ANNUAL REPORT.--The State Fire Marshal shall
7857	publish an annual report to be filed with the substantive
7858	committees of the state House of Representatives and Senate
7859	having jurisdiction over education, the Commissioner of
7860	Education or his or her successor, the State Board of Education,
7861	the Board of Governors, and the Governor documenting the status
7862	of each board's firesafety program, including the improvement or
7863	lack thereof.
7864	Section 169.  Subsection (3) of section 1013.15, Florida
7865	Statutes, is amended to read:
7866	1013.15  Lease, rental, and lease-purchase of educational
7867	facilities and sites.--
7868	(3)  Lease or lease-purchase agreements entered into by
7869	university boards of trustees shall comply with the provisions
7870	of ss. s. 1013.171 and 1010.62.
7871	Section 170.  Subsection (3) is added to section 1013.16,
7872	Florida Statutes, to read:
7873	1013.16  Construction of facilities on leased property;
7874	conditions.--
7875	(3)  Leases executed by a university board of trustees
7876	pursuant to this section are subject to s. 1010.62.
7877	Section 171.  Section 1013.17, Florida Statutes, is amended
7878	to read:
7879	1013.17  University leasing in affiliated research and
7880	development park.--A university is exempt from the requirements
7881	of s. 255.25(3), (4), and (8) when leasing educational
7882	facilities in a research and development park with which the
7883	university is affiliated and when the Board of Governors State
7884	Board of Education certifies in writing that the leasing of such
7885	said educational facilities is in the best interests of the
7886	university and that the exemption from competitive bid
7887	requirements would not be detrimental to the state. Leases
7888	entered into pursuant to this section are subject to the
7889	provisions of s. 1010.62.
7890	Section 172.  Subsections (1) and (2) of section 1013.171,
7891	Florida Statutes, are amended, and subsection (6) is added to
7892	that section, to read:
7893	1013.171  University lease agreements; land, facilities.--
7894	(1)  Each university board of trustees is authorized to
7895	negotiate and enter into agreements to lease land under its
7896	jurisdiction to for-profit and nonprofit corporations,
7897	registered by the Secretary of State to do business in this
7898	state, for the purpose of erecting thereon facilities and
7899	accommodations necessary and desirable to serve the needs and
7900	purposes of the university, as determined by the systemwide
7901	strategic plan adopted by the Board of Governors State Board of
7902	Education. Such agreement will be for a term not in excess of 99
7903	years or the life expectancy of the permanent facilities
7904	constructed thereon, whichever is shorter, and shall include as
7905	a part of the consideration provisions for the eventual
7906	ownership of the completed facilities by the state. The Board of
7907	Trustees of the Internal Improvement Trust Fund upon request of
7908	the university board of trustees shall lease any such property
7909	to the university for sublease as heretofore provided.
7910	(2)  Each university board of trustees is authorized to
7911	enter into agreements with for-profit and nonprofit
7912	corporations, registered by the Secretary of State to do
7913	business in this state, whereby income-producing buildings,
7914	improvements, and facilities necessary and desirable to serve
7915	the needs and purposes of the university, as determined by the
7916	systemwide strategic plan adopted by the Board of Governors
7917	State Board of Education, are acquired by purchase or lease-
7918	purchase by the university. When such agreements provide for
7919	lease-purchase of facilities erected on land that is not under
7920	the jurisdiction of the university, the agreement shall include
7921	as a part of the consideration provisions for the eventual
7922	ownership of the land and facility by the state. Agreements for
7923	lease-purchase shall not exceed 30 years or the life expectancy
7924	of the permanent facility constructed, whichever is shorter.
7925	Notwithstanding the provisions of any other law, The university
7926	board of trustees may enter into an agreement for the lease-
7927	purchase of a facility under this section for a term greater
7928	than 1 year. Each university board of trustees is authorized to
7929	use any auxiliary trust funds, available and not otherwise
7930	obligated, to pay rent to the owner should income from the
7931	facilities not be sufficient in any debt payment period. The
7932	trust funds used for payment of rent shall be reimbursed as soon
7933	as possible to the extent that income from the facilities
7934	exceeds the amount necessary for such debt payment.
7935	(6)  Agreements entered into pursuant to this section are
7936	subject to the provisions of s. 1010.62.
7937	Section 173.  Section 1013.19, Florida Statutes, is amended
7938	to read:
7939	1013.19  Purchase, conveyance, or encumbrance of property
7940	interests above surface of land; joint-occupancy
7941	structures.--For the purpose of implementing jointly financed
7942	construction project agreements, or for the construction of
7943	combined occupancy structures, any board may purchase, own,
7944	convey, sell, lease, or encumber airspace or any other interests
7945	in property above the surface of the land, provided the lease of
7946	airspace for nonpublic use is for such reasonable rent, length
7947	of term, and conditions as the board in its discretion may
7948	determine. All proceeds from such sale or lease shall be used by
7949	the board or boards receiving the proceeds solely for fixed
7950	capital outlay purposes. These purposes may include the
7951	renovation or remodeling of existing facilities owned by the
7952	board or the construction of new facilities; however, for a
7953	community college board or university board, such new facility
7954	must be authorized by the Legislature. It is declared that the
7955	use of such rental by the board for public purposes in
7956	accordance with its statutory authority is a public use.
7957	Airspace or any other interest in property held by the Board of
7958	Trustees of the Internal Improvement Trust Fund or the State
7959	Board of Education may not be divested or conveyed without
7960	approval of the respective board. Any building, including any
7961	building or facility component that is common to both nonpublic
7962	and educational portions thereof, constructed in airspace that
7963	is sold or leased for nonpublic use pursuant to this section is
7964	subject to all applicable state, county, and municipal
7965	regulations pertaining to land use, zoning, construction of
7966	buildings, fire protection, health, and safety to the same
7967	extent and in the same manner as such regulations would be
7968	applicable to the construction of a building for nonpublic use
7969	on the appurtenant land beneath the subject airspace. Any
7970	educational facility constructed or leased as a part of a joint-
7971	occupancy facility is subject to all rules and requirements of
7972	the respective boards or departments having jurisdiction over
7973	educational facilities. Any contract executed by a university
7974	board of trustees pursuant to this section is subject to the
7975	provisions of s. 1010.62.
7976	Section 174.  Section 1013.25, Florida Statutes, is amended
7977	to read:
7978	1013.25  When university or community college board of
7979	trustees may exercise power of eminent domain.--Whenever it
7980	becomes necessary for the welfare and convenience of any of its
7981	institutions or divisions to acquire private property for the
7982	use of such institutions, and this cannot be acquired by
7983	agreement satisfactory to a university or community college
7984	board of trustees and the parties interested in, or the owners
7985	of, the private property, the board of trustees may exercise the
7986	power of eminent domain after receiving approval therefor from
7987	the Administration Commission State Board of Education and may
7988	then proceed to condemn the property in the manner provided by
7989	chapter 73 or chapter 74.
7990	Section 175.  Section 1013.28, Florida Statutes, is amended
7991	to read:
7992	1013.28  Disposal of property.--
7993	(1)  REAL PROPERTY.--
7994	(a)  Subject to rules of the State Board of Education, a
7995	district school board or a community college board of trustees
7996	may dispose of any land or real property that is, by resolution
7997	of the board, determined to be unnecessary for educational
7998	purposes as recommended in an educational plant survey. A
7999	district school board or a community college board of trustees
8000	shall take diligent measures to dispose of educational property
8001	only in the best interests of the public. However, appraisals
8002	may be obtained by the district school board or the community
8003	college board of trustees prior to or simultaneously with the
8004	receipt of bids.
8005	(b)  Subject to rules of the Board of Governors, a state
8006	university board of trustees may dispose of any land or real
8007	property that is, by resolution of the state university board of
8008	trustees, determined to be unnecessary for educational purposes
8009	as recommended in an educational plant survey. A state
8010	university board of trustees shall take diligent measures to
8011	dispose of educational property only in the best interests of
8012	the public. However, appraisals may be obtained by the state
8013	university board of trustees prior to or simultaneously with the
8014	receipt of bids.
8015	(2)  TANGIBLE PERSONAL PROPERTY.--
8016	(a)  Tangible personal property that which has been
8017	properly classified as surplus by a district school board or
8018	community college board of trustees shall be disposed of in
8019	accordance with the procedure established by chapter 274 and by
8020	a university board of trustees by chapter 273. However, the
8021	provisions of chapter 274 shall not be applicable to a motor
8022	vehicle used in driver education to which title is obtained for
8023	a token amount from an automobile dealer or manufacturer. In
8024	such cases, the disposal of the vehicle shall be as prescribed
8025	in the contractual agreement between the automotive agency or
8026	manufacturer and the board.
8027	(b)  Tangible personal property that has been properly
8028	classified as surplus by a state university board of trustees
8029	shall be disposed of in accordance with the procedure
8030	established by chapter 273.
8031	Section 176.  Section 1013.31, Florida Statutes, is amended
8032	to read:
8033	1013.31  Educational plant survey; localized need
8034	assessment; PECO project funding.--
8035	(1)  At least every 5 years, each board shall arrange for
8036	an educational plant survey, to aid in formulating plans for
8037	housing the educational program and student population, faculty,
8038	administrators, staff, and auxiliary and ancillary services of
8039	the district or campus, including consideration of the local
8040	comprehensive plan. The Department of Education Office of
8041	Workforce and Economic Development shall document the need for
8042	additional career and adult education programs and the
8043	continuation of existing programs before facility construction
8044	or renovation related to career or adult education may be
8045	included in the educational plant survey of a school district or
8046	community college that delivers career or adult education
8047	programs. Information used by the Department of Education Office
8048	of Workforce and Economic Development to establish facility
8049	needs must include, but need not be limited to, labor market
8050	data, needs analysis, and information submitted by the school
8051	district or community college.
8052	(a)  Survey preparation and required data.--Each survey
8053	shall be conducted by the board or an agency employed by the
8054	board. Surveys shall be reviewed and approved by the board, and
8055	a file copy shall be submitted to the Department of Education
8056	Office of Educational Facilities and SMART Schools Clearinghouse
8057	within the Office of the Commissioner of Education. The survey
8058	report shall include at least an inventory of existing
8059	educational and ancillary plants, including safe access
8060	facilities; recommendations for existing educational and
8061	ancillary plants; recommendations for new educational or
8062	ancillary plants, including the general location of each in
8063	coordination with the land use plan and safe access facilities;
8064	campus master plan update and detail for community colleges; the
8065	utilization of school plants based on an extended school day or
8066	year-round operation; and such other information as may be
8067	required by the Department of Education rules of the State Board
8068	of Education. This report may be amended, if conditions warrant,
8069	at the request of the department board or commissioner.
8070	(b)  Required need assessment criteria for district,
8071	community college, college and state university plant
8072	surveys.--Educational plant surveys must use uniform data
8073	sources and criteria specified in this paragraph. Each revised
8074	educational plant survey and each new educational plant survey
8075	supersedes previous surveys.
8076	1.  The school district's survey must be submitted as a
8077	part of the district educational facilities plan defined in s.
8078	1013.35. To ensure that the data reported to the Department of
8079	Education as required by this section is correct, the department
8080	shall annually conduct an onsite review of 5 percent of the
8081	facilities reported for each school district completing a new
8082	survey that year. If the department's review finds the data
8083	reported by a district is less than 95 percent accurate, within
8084	1 year from the time of notification by the department the
8085	district must submit revised reports correcting its data. If a
8086	district fails to correct its reports, the commissioner may
8087	direct that future fixed capital outlay funds be withheld until
8088	such time as the district has corrected its reports so that they
8089	are not less than 95 percent accurate.
8090	2.  Each survey of a special facility, joint-use facility,
8091	or cooperative career education facility must be based on
8092	capital outlay full-time equivalent student enrollment data
8093	prepared by the department for school districts, community
8094	colleges, colleges, and universities. A survey of space needs of
8095	a joint-use facility shall be based upon the respective space
8096	needs of the school districts, community colleges, colleges, and
8097	universities, as appropriate. Projections of a school district's
8098	facility space needs may not exceed the norm space and occupant
8099	design criteria established by the State Requirements for
8100	Educational Facilities.
8101	3.  Each community college's survey must reflect the
8102	capacity of existing facilities as specified in the inventory
8103	maintained by the Department of Education. Projections of
8104	facility space needs must comply with standards for determining
8105	space needs as specified by rule of the State Board of
8106	Education. The 5-year projection of capital outlay student
8107	enrollment must be consistent with the annual report of capital
8108	outlay full-time student enrollment prepared by the Department
8109	of Education.
8110	4.  Each college and state university's survey must reflect
8111	the capacity of existing facilities as specified in the
8112	inventory maintained and validated by the Department of
8113	Education Division of Colleges and Universities. Projections of
8114	facility space needs must be consistent with standards for
8115	determining space needs approved by the Board of Governors
8116	Division of Colleges and Universities. The projected capital
8117	outlay full-time equivalent student enrollment must be
8118	consistent with the 5-year planned enrollment cycle for the
8119	State University System approved by the Board of Governors
8120	Division of Colleges and Universities.
8121	5.  The district educational facilities plan of a school
8122	district and the educational plant survey of a community
8123	college, or college or state university may include space needs
8124	that deviate from approved standards for determining space needs
8125	if the deviation is justified by the district or institution and
8126	approved by the department, as necessary for the delivery of an
8127	approved educational program.
8128	(c)  Review and validation.--The Department of Education
8129	Office of Educational Facilities and SMART Schools Clearinghouse
8130	shall review and validate the surveys of school districts,
8131	community colleges, and colleges and universities, and any
8132	amendments thereto for compliance with the requirements of this
8133	chapter and shall recommend those in compliance for approval by
8134	the State Board of Education or the Board of Governors, as
8135	appropriate. Annually, the department shall perform an in-depth
8136	analysis of a representative sample of each survey of
8137	recommended needs for five districts selected by the
8138	commissioner from among districts with the largest need-to-
8139	revenue ratio. For the purpose of this subsection, the need-to-
8140	revenue ratio is determined by dividing the total 5-year cost of
8141	projects listed on the district survey by the total 5-year fixed
8142	capital outlay revenue projections from state and local sources
8143	as determined by the department. The commissioner may direct
8144	fixed capital outlay funds to be withheld from districts until
8145	such time as the survey accurately projects facilities needs.
8146	(d)  Periodic update of Florida Inventory of School
8147	Houses.--School districts shall periodically update their
8148	inventory of educational facilities as new capacity becomes
8149	available and as unsatisfactory space is eliminated. The State
8150	Board of Education shall adopt rules to determine the time frame
8151	in which districts must provide a periodic update.
8152	(2)  Only the district school superintendent, community
8153	college president, or the university president shall certify to
8154	the Department of Education Office of Educational Facilities and
8155	SMART Schools Clearinghouse a project's compliance with the
8156	requirements for expenditure of PECO funds prior to release of
8157	funds.
8158	(a)  Upon request for release of PECO funds for planning
8159	purposes, certification must be made to the Department of
8160	Education Office of Educational Facilities and SMART Schools
8161	Clearinghouse that the need for and location of the facility are
8162	in compliance with the board-approved survey recommendations,
8163	that the project meets the definition of a PECO project and the
8164	limiting criteria for expenditures of PECO funding, and that the
8165	plan is consistent with the local government comprehensive plan.
8166	(b)  Upon request for release of construction funds,
8167	certification must be made to the Department of Education Office
8168	of Educational Facilities and SMART Schools Clearinghouse that
8169	the need and location of the facility are in compliance with the
8170	board-approved survey recommendations, that the project meets
8171	the definition of a PECO project and the limiting criteria for
8172	expenditures of PECO funding, and that the construction
8173	documents meet the requirements of the Florida Building Code for
8174	educational facilities construction or other applicable codes as
8175	authorized in this chapter.
8176	Section 177.  Subsection (2) of section 1013.46, Florida
8177	Statutes, is amended to read:
8178	1013.46  Advertising and awarding contracts;
8179	prequalification of contractor.--
8180	(2)  Boards shall prequalify bidders for construction
8181	contracts according to rules prescribed by the State Board of
8182	Education which require the prequalification of bidders of
8183	educational facilities construction. Boards shall require that
8184	all construction or capital improvement bids be accompanied by
8185	evidence that the bidder holds an appropriate certificate or
8186	license or that the prime contractor has a current valid
8187	license.
8188	Section 178.  Section 1013.47, Florida Statutes, is amended
8189	to read:
8190	1013.47  Substance of contract; contractors to give bond;
8191	penalties.--Each board shall develop contracts consistent with
8192	this chapter and statutes governing public facilities. Such a
8193	contract must contain the drawings and specifications of the
8194	work to be done and the material to be furnished, the time limit
8195	in which the construction is to be completed, the time and
8196	method by which payments are to be made upon the contract, and
8197	the penalty to be paid by the contractor for any failure to
8198	comply with the terms of the contract. The board may require the
8199	contractor to pay a penalty for any failure to comply with the
8200	terms of the contract and may provide an incentive for early
8201	completion. Upon accepting a satisfactory bid, the board shall
8202	enter into a contract with the party or parties whose bid has
8203	been accepted. The contractor shall furnish the board with a
8204	performance and payment bond as set forth in s. 255.05. A board
8205	or other public entity may not require a contractor to secure a
8206	surety bond under s. 255.05 from a specific agent or bonding
8207	company. Notwithstanding any other provision of this section, if
8208	25 percent or more of the costs of any construction project is
8209	paid out of a trust fund established pursuant to 31 U.S.C. s.
8210	1243(a)(1), laborers and mechanics employed by contractors or
8211	subcontractors on such construction will be paid wages not less
8212	than those prevailing on similar construction projects in the
8213	locality, as determined by the Secretary of Labor in accordance
8214	with the Davis-Bacon Act, as amended. A person, firm, or
8215	corporation that constructs any part of any educational plant,
8216	or addition thereto, on the basis of any unapproved plans or in
8217	violation of any plans approved in accordance with the
8218	provisions of this chapter and rules of the State Board of
8219	Education or the Board of Governors relating to building
8220	standards or specifications is subject to forfeiture of bond and
8221	unpaid compensation in an amount sufficient to reimburse the
8222	board for any costs that will need to be incurred in making any
8223	changes necessary to assure that all requirements are met and is
8224	also guilty of a misdemeanor of the second degree, punishable as
8225	provided in s. 775.082 or s. 775.083, for each separate
8226	violation.
8227	Section 179.  Paragraph (a) of subsection (1) and
8228	subsection (3) of section 1013.52, Florida Statutes, are amended
8229	to read:
8230	1013.52  Cooperative development and joint use of
8231	facilities by two or more boards.--
8232	(1)  Two or more boards, including district school boards,
8233	community college boards of trustees, the Board of Trustees for
8234	the Florida School for the Deaf and the Blind, and university
8235	boards of trustees, desiring to cooperatively establish a common
8236	educational facility to accommodate students shall:
8237	(a)  Jointly request a formal assessment by the
8238	Commissioner of Education of the academic program need and the
8239	need to build new joint-use facilities to house approved
8240	programs. Completion of the assessment and approval of the
8241	project by the State Board of Education, the Board of Governors,
8242	or the Commissioner of Education, as appropriate, should be done
8243	prior to conducting an educational facilities survey.
8244	(3)  Included in all proposals for joint-use facilities
8245	must be documentation that the proposed new campus or new joint-
8246	use facility has been reviewed by the State Board of Education,
8247	and the Board of Governors if the proposal involves a state
8248	university, and has been formally requested for authorization by
8249	the Legislature.
8250	Section 180.  Subsection (2) of section 1013.60, Florida
8251	Statutes, is amended to read:
8252	1013.60  Legislative capital outlay budget request.--
8253	(2)  The commissioner shall submit to the Governor and to
8254	the Legislature an integrated, comprehensive budget request for
8255	educational facilities construction and fixed capital outlay
8256	needs for school districts, community colleges, and
8257	universities, pursuant to the provisions of s. 1013.64 and
8258	applicable provisions of chapter 216. Each community college
8259	board of trustees and each university board of trustees shall
8260	submit to the commissioner a 3-year plan and data required in
8261	the development of the annual capital outlay budget. The
8262	information submitted by a university board of trustees must be
8263	approved by the Board of Governors prior to submission to the
8264	Commissioner of Education. No further disbursements shall be
8265	made from the Public Education Capital Outlay and Debt Service
8266	Trust Fund to a board of trustees that fails to timely submit
8267	the required data until such board of trustees submits the data.
8268	Section 181.  Subsections (1) and (2) of section 1013.63,
8269	Florida Statutes, are amended to read:
8270	1013.63  University Concurrency Trust Fund.--
8271	(1)  The University Concurrency Trust Fund is created
8272	within the Board of Governors Department of Education.
8273	(2)  Notwithstanding any other provision of law, the
8274	general revenue service charge deducted pursuant to s. 215.20 on
8275	revenues raised by any local option motor fuel tax levied
8276	pursuant to s. 336.025(1)(b), as created by chapter 93-206, Laws
8277	of Florida, shall be deposited in the University Concurrency
8278	Trust Fund, which is administered by the State Board of
8279	Education. Moneys in such trust fund shall be for the purpose of
8280	funding university offsite improvements required to meet
8281	concurrency standards adopted under part II of chapter 163. In
8282	addition, in any year in which campus master plans are updated
8283	pursuant to s. 1013.30, but no more frequently than once every 5
8284	years, up to 25 percent of the balance in the trust fund for
8285	that year may be used to defray the costs incurred in updating
8286	those campus master plans.
8287	Section 182.  Paragraph (a) of subsection (4) of section
8288	1013.64, Florida Statutes, is amended to read:
8289	1013.64  Funds for comprehensive educational plant needs;
8290	construction cost maximums for school district capital
8291	projects.--Allocations from the Public Education Capital Outlay
8292	and Debt Service Trust Fund to the various boards for capital
8293	outlay projects shall be determined as follows:
8294	(4)(a)  Community college boards of trustees and university
8295	boards of trustees shall receive funds for projects based on a
8296	3-year priority list, to be updated annually, which is submitted
8297	to the Legislature in the legislative budget request at least 90
8298	days prior to the legislative session. The State Board of
8299	Education shall submit a 3-year priority list for community
8300	colleges and a 3-year priority list for universities. The lists
8301	shall reflect decisions by the State Board of Education for
8302	community colleges and the Board of Governors for state
8303	universities concerning program priorities that implement the
8304	statewide plan for program growth and quality improvement in
8305	education. No remodeling or renovation project shall be included
8306	on the 3-year priority list unless the project has been
8307	recommended pursuant to s. 1013.31 or is for the purpose of
8308	correcting health and safety deficiencies. No new construction
8309	project shall be included on the first year of the 3-year
8310	priority list unless the educational specifications have been
8311	approved by the commissioner for a community college project or
8312	by the Board of Governors for a university project, as
8313	applicable. The funds requested for a new construction project
8314	in the first year of the 3-year priority list shall be in
8315	conformance with the scope of the project as defined in the
8316	educational specifications. Any new construction project
8317	requested in the first year of the 3-year priority list which is
8318	not funded by the Legislature shall be carried forward to be
8319	listed first in developing the updated 3-year priority list for
8320	the subsequent year's capital outlay budget. Should the order of
8321	the priority of the projects change from year to year, a
8322	justification for such change shall be included with the updated
8323	priority list.
8324	Section 183.  Subsection (1) of section 1013.65, Florida
8325	Statutes, is amended to read:
8326	1013.65  Educational and ancillary plant construction
8327	funds; Public Education Capital Outlay and Debt Service Trust
8328	Fund; allocation of funds.--
8329	(1)  The commissioner, through the department, shall
8330	administer the Public Education Capital Outlay and Debt Service
8331	Trust Fund. The commissioner shall allocate or reallocate funds
8332	as authorized by the Legislature. Copies of each allocation or
8333	reallocation shall be provided to members of the State Board of
8334	Education and the Board of Governors and to the chairs of the
8335	House of Representatives and Senate appropriations committees.
8336	The commissioner shall provide for timely encumbrances of funds
8337	for duly authorized projects. Encumbrances may include proceeds
8338	to be received under a resolution approved by the State Board of
8339	Education authorizing the issuance of public education capital
8340	outlay bonds pursuant to s. 9(a)(2), Art. XII of the State
8341	Constitution, s. 215.61, and other applicable law. The
8342	commissioner shall provide for the timely disbursement of moneys
8343	necessary to meet the encumbrance authorizations of the boards.
8344	Records shall be maintained by the department to identify
8345	legislative appropriations, allocations, encumbrance
8346	authorizations, disbursements, transfers, investments, sinking
8347	funds, and revenue receipts by source. The Department of
8348	Education shall pay the administrative costs of the Public
8349	Education Capital Outlay and Debt Service Trust Fund from the
8350	funds which comprise the trust fund.
8351	Section 184.  Paragraph (c) of subsection (2) and
8352	subsection (3) of section 1013.74, Florida Statutes, are
8353	amended, and subsection (5) is added to that section, to read:
8354	1013.74  University authorization for fixed capital outlay
8355	projects.--
8356	(2)  The following types of projects may be accomplished
8357	pursuant to this section:
8358	(c)  Construction of projects financed as provided in s.
8359	1010.62 ss. 1010.60-1010.619 or s. 1013.71;
8360	(3)  Other than those projects currently authorized, no
8361	project proposed by a university which is to be funded from
8362	Capital Improvement Trust Fund fees or building fees shall be
8363	submitted to the Board of Governors State Board of Education for
8364	approval without prior consultation with the student government
8365	association of that university. The Board of Governors may adopt
8366	State Board of Education shall promulgate rules which are
8367	consistent with this requirement.
8368	(5)  Projects accomplished pursuant to this section are
8369	subject to the requirements of s. 1010.62.
8370	Section 185.  Subsection (2) of section 1013.78, Florida
8371	Statutes, is amended to read:
8372	1013.78  Approval required for certain university-related
8373	facility acquisitions.--
8374	(2)  Legislative approval shall not be required for
8375	renovations, remodeling, replacement of existing facilities, or
8376	construction of minor projects as defined in s. 1013.64, except
8377	to the extent required pursuant to s. 1010.62.
8378	Section 186.  Section 1013.79, Florida Statutes, is amended
8379	to read:
8380	1013.79  University Facility Enhancement Challenge Grant
8381	Program.--
8382	(1)  The Legislature recognizes that the universities do
8383	not have sufficient physical facilities to meet the current
8384	demands of their instructional and research programs. It further
8385	recognizes that, to strengthen and enhance universities, it is
8386	necessary to provide facilities in addition to those currently
8387	available from existing revenue sources. It further recognizes
8388	that there are sources of private support that, if matched with
8389	state support, can assist in constructing much-needed facilities
8390	and strengthen the commitment of citizens and organizations in
8391	promoting excellence throughout the state universities.
8392	Therefore, it is the intent of the Legislature to establish a
8393	trust fund to provide the opportunity for each university to
8394	receive support for challenge grants for instructional and
8395	research-related capital facilities within the university.
8396	(1)(2)  There is hereby established The Alec P. Courtelis
8397	University Facility Enhancement Challenge Grant Program is
8398	established for the purpose of assisting universities build high
8399	priority instructional and research-related capital facilities,
8400	including common areas connecting such facilities. The
8401	associated foundations that serve the universities shall solicit
8402	gifts from private sources to provide matching funds for capital
8403	facilities. For the purposes of this act, private sources of
8404	funds shall not include any federal, state, or local government
8405	funds that a university may receive.
8406	(2)(3)  There is established The Alec P. Courtelis Capital
8407	Facilities Matching Trust Fund is established for the purpose of
8408	providing matching funds from private contributions for the
8409	development of high priority instructional and research-related
8410	capital facilities, including common areas connecting such
8411	facilities, within a university. The Legislature may appropriate
8412	funds to be transferred to the trust fund. The Public Education
8413	Capital Outlay and Debt Service Trust Fund, Capital Improvement
8414	Trust Fund, Division of Sponsored Research Trust Fund, and
8415	Contracts and Grants Trust Fund shall not be used as the source
8416	of the state match for private contributions. All appropriated
8417	funds deposited into the trust fund shall be invested pursuant
8418	to the provisions of s. 17.61. Interest income accruing to that
8419	portion of the trust fund shall increase the total funds
8420	available for the challenge grant program. Interest income
8421	accruing from the private donations shall be returned to the
8422	participating foundation upon completion of the project. The
8423	Board of Governors State Board of Education shall administer the
8424	trust fund and all related construction activities.
8425	(3)(4)  No project shall be initiated unless all private
8426	funds for planning, construction, and equipping the facility
8427	have been received and deposited in the trust fund and the
8428	state's share for the minimum amount of funds needed to begin
8429	the project has been appropriated by the Legislature. The
8430	Legislature may appropriate the state's matching funds in one or
8431	more fiscal years for the planning, construction, and equipping
8432	of an eligible facility. However, these requirements shall not
8433	preclude the university from expending available funds from
8434	private sources to develop a prospectus, including preliminary
8435	architectural schematics and/or models, for use in its efforts
8436	to raise private funds for a facility. Additionally, any private
8437	sources of funds expended for this purpose are eligible for
8438	state matching funds should the project materialize as provided
8439	for in this section.
8440	(4)(5)  To be eligible to participate in the Alec P.
8441	Courtelis Capital Facilities Matching Trust Fund, a university
8442	shall raise a contribution equal to one-half of the total cost
8443	of a facilities construction project from private
8444	nongovernmental sources which shall be matched by a state
8445	appropriation equal to the amount raised for a facilities
8446	construction project subject to the General Appropriations Act.
8447	(5)(6)  If the state's share of the required match is
8448	insufficient to meet the requirements of subsection (4) (5), the
8449	university shall renegotiate the terms of the contribution with
8450	the donors. If the project is terminated, each private donation,
8451	plus accrued interest, reverts to the foundation for remittance
8452	to the donor.
8453	(6)(7)  By September 1 of each year, the Board of Governors
8454	State Board of Education shall transmit to the Legislature a
8455	list of projects which meet all eligibility requirements to
8456	participate in the Alec P. Courtelis Capital Facilities Matching
8457	Trust Fund and a budget request which includes the recommended
8458	schedule necessary to complete each project.
8459	(7)(8)  In order for a project to be eligible under this
8460	program, it must be included in the university 5-year capital
8461	improvement plan and must receive prior approval from the Board
8462	of Governors State Board of Education and the Legislature.
8463	(8)(9)  No university's project shall be removed from the
8464	approved 3-year PECO priority list because of its successful
8465	participation in this program until approved by the Legislature
8466	and provided for in the General Appropriations Act. When such a
8467	project is completed and removed from the list, all other
8468	projects shall move up on the 3-year PECO priority list. A
8469	university shall not use PECO funds, including the Capital
8470	Improvement Trust Fund fee and the building fee, to complete a
8471	project under this section.
8472	(9)(10)  Any project funds that are unexpended after a
8473	project is completed shall revert to the Capital Facilities
8474	Matching Trust Fund. Fifty percent of such unexpended funds
8475	shall be reserved for the university which originally received
8476	the private contribution for the purpose of providing private
8477	matching funds for future facility construction projects as
8478	provided in this section. The balance of such unexpended funds
8479	shall be available to any state university for future facility
8480	construction projects conducted pursuant to this section.
8481	(10)(11)  The surveys, architectural plans, facility, and
8482	equipment shall be the property of the State of Florida. A
8483	facility constructed pursuant to this section may be named in
8484	honor of a donor at the option of the university with the
8485	approval of the Board of Governors and the State Board of
8486	Education. No facility shall be named after a living person
8487	without prior approval by the Legislature.
8488	Section 187.  Sections 186.805, 388.42, 388.43, 410.504,
8489	1004.32, 1004.35, 1004.36, 1004.38, 1004.381, 1004.382,
8490	1004.383, 1004.50, 1004.51, 1004.53, 1004.54, and 1004.59,
8491	Florida Statutes, are repealed. It is the intent of the
8492	Legislature that the repeal of ss. 186.805, 388.42, 388.43,
8493	410.504, 1004.32, 1004.35, 1004.36, 1004.38, 1004.381, 1004.382,
8494	1004.383, 1004.50, 1004.51, 1004.53, 1004.54, and 1004.59,
8495	Florida Statutes, by this act is to remove existing statutory
8496	authorization that is no longer necessary for the establishment,
8497	operation, or maintenance of the entities that were established,
8498	operated, or regulated under those provisions and does not
8499	affect the authority of a state university or the Board of
8500	Governors of the State University System under s. 7, Art. IX of
8501	the State Constitution and s. 1001.705, Florida Statutes, to
8502	continue such entities and their operation and regulation in
8503	accordance with that authority.
8504	Section 188.  Sections 288.705, 458.3147, 689.12,
8505	741.03055, 741.03056, 1001.72, 1001.75, 1007.261, 1007.31,
8506	1007.32, 1008.51, 1010.60, 1010.61, 1010.611, 1010.612,
8507	1010.613, 1010.614, 1010.615, 1010.616, 1010.617, 1010.618,
8508	1010.619, 1011.4105, 1012.92, 1012.94, and 1012.95, Florida
8509	Statutes, are repealed.
8510	Section 189.  This act shall take effect July 1, 2006.

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