Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
                            CHAMBER ACTION
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       04/30/2007 02:29 PM         .                    
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11  Senator Lynn moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsections (1), (2), and (8) of section
18  1001.64, Florida Statutes, are amended to read:
19         1001.64  Community college boards of trustees; powers
20  and duties.--
21         (1)  The boards of trustees shall be responsible for
22  cost-effective policy decisions appropriate to the community
23  college's mission, the implementation and maintenance of
24  high-quality education programs within law and rules of the
25  State Board of Education, the measurement of performance, the
26  reporting of information, and the provision of input regarding
27  state policy, budgeting, and education standards. Community
28  colleges may grant baccalaureate degrees pursuant to s.
29  1007.33 and shall remain under the authority of the State
30  Board of Education with respect to planning, coordination,
31  oversight, and budgetary and accountability responsibilities.
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
 1         (2)  Each board of trustees is vested with the
 2  responsibility to govern its respective community college and
 3  with such necessary authority as is needed for the proper
 4  operation and improvement thereof in accordance with rules of
 5  the State Board of Education. This authority includes serving
 6  as the governing board for purposes of granting baccalaureate
 7  degrees as authorized in s. 1007.33 and approved by the State
 8  Board of Education.
 9         (8)  Each board of trustees has authority for policies
10  related to students, enrollment of students, student records,
11  student activities, financial assistance, and other student
12  services.
13         (a)  Each board of trustees shall govern admission of
14  students pursuant to s. 1007.263 and rules of the State Board
15  of Education. A board of trustees may establish additional
16  admissions criteria, which shall be included in the district
17  interinstitutional articulation agreement developed according
18  to s. 1007.235, to ensure student readiness for postsecondary
19  instruction. Each board of trustees may consider the past
20  actions of any person applying for admission or enrollment and
21  may deny admission or enrollment to an applicant because of
22  misconduct if determined to be in the best interest of the
23  community college.
24         (b)  Each board of trustees shall adopt rules
25  establishing student performance standards for the award of
26  degrees and certificates pursuant to s. 1004.68. The board of
27  trustees of a community college which is authorized to grant a
28  baccalaureate degree under s. 1007.33 may continue to award
29  degrees, diplomas, and certificates as authorized for the
30  college, and in the name of the college, until the college
31  receives any necessary changes to its accreditation.
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
 1         (c)  Each board of trustees shall establish tuition and
 2  out-of-state fees for approved baccalaureate degree programs,
 3  consistent with law and proviso language in the General
 4  Appropriations Act; however, a board of trustees may not vary
 5  tuition and out-of-state fees as provided in s. 1009.23(4).
 6         (d)(c)  Boards of trustees are authorized to establish
 7  intrainstitutional and interinstitutional programs to maximize
 8  articulation pursuant to s. 1007.22.
 9         (e)(d)  Boards of trustees shall identify their core
10  curricula, which shall include courses required by the State
11  Board of Education, pursuant to the provisions of s.
12  1007.25(6).
13         (f)(e)  Each board of trustees must adopt a written
14  antihazing policy, provide a program for the enforcement of
15  such rules, and adopt appropriate penalties for violations of
16  such rules pursuant to the provisions of s. 1006.63.
17         (g)(f)  Each board of trustees may establish a uniform
18  code of conduct and appropriate penalties for violation of its
19  rules by students and student organizations, including rules
20  governing student academic honesty. Such penalties, unless
21  otherwise provided by law, may include fines, the withholding
22  of diplomas or transcripts pending compliance with rules or
23  payment of fines, and the imposition of probation, suspension,
24  or dismissal.
25         (h)(g)  Each board of trustees pursuant to s. 1006.53
26  shall adopt a policy in accordance with rules of the State
27  Board of Education that reasonably accommodates the religious
28  observance, practice, and belief of individual students in
29  regard to admissions, class attendance, and the scheduling of
30  examinations and work assignments.
31         (i)  Each board of trustees shall adopt a policy
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
 1  providing that faculty who teach upper-division courses that
 2  are a component part of a baccalaureate degree program must
 3  meet the requirements of s. 1012.82.
 4         Section 2.  Subsection (3) of section 1007.33, Florida
 5  Statutes, is amended, subsection (4) is renumbered as
 6  subsection (6), and new subsections (4) and (5) are added to
 7  that section, to read:
 8         1007.33  Site-determined baccalaureate degree access.--
 9         (3)  A community college may develop a proposal to
10  deliver specified baccalaureate degree programs in its
11  district to meet local workforce needs. The proposal must be
12  submitted to the State Board of Education for approval. A
13  community college may develop proposals to deliver
14  baccalaureate degree programs in math and science which would
15  prepare graduates to enter a teaching position in math or
16  science or employment in a position that requires a
17  baccalaureate degree in math or science. The community
18  college's proposal must include the following information:
19         (a)  Demand for the baccalaureate degree program is
20  identified by the workforce development board, local
21  businesses and industry, local chambers of commerce, and
22  potential students.
23         (b)  Unmet need for graduates of the proposed degree
24  program is substantiated.
25         (c)  The community college has the facilities and
26  academic resources to deliver the program.
27  
28  The proposal must be submitted to the Council for Education
29  Policy Research and Improvement for review and comment. Upon
30  approval of the State Board of Education for the specific
31  degree program or programs, the community college shall pursue
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
 1  regional accreditation by the Commission on Colleges of the
 2  Southern Association of Colleges and Schools. Any additional
 3  baccalaureate degree programs the community college wishes to
 4  offer must be approved by the State Board of Education.
 5         (4)  A formal agreement for the delivery of specified
 6  baccalaureate degree programs by a regionally accredited
 7  public or private college or university at a community college
 8  site must include:
 9         (a)  A guarantee that students will be able to complete
10  the degree in the community college district.
11         (b)  A financial commitment to the development,
12  implementation, and maintenance of the specified degree
13  program on behalf of the college or university which includes
14  timelines.
15         (c)  A plan for collaboration in the development and
16  offering of the curriculum for the specified degree by faculty
17  at both the community college and the college or university.
18  The curriculum for the specified degree must be developed and
19  approved within 6 months after the agreement between the
20  community college and the college or university is signed.
21         (5)  A community college proposal to deliver a
22  specified baccalaureate degree program must document that the
23  community college has notified in writing the accredited
24  public and private colleges and universities in the community
25  college's district of its intent to seek approval for delivery
26  of the proposed program. The notified colleges and
27  universities have 90 days to submit in writing to the
28  community college an alternative plan for providing the
29  specified degree program.
30         Section 3.  Subsections (1) and (2) of section 1009.23,
31  Florida Statutes, are amended to read:
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
 1         1009.23  Community college student fees.--
 2         (1)  Unless otherwise provided, the provisions of this
 3  section applies apply only to fees charged for college credit
 4  instruction leading to an associate in arts degree, an
 5  associate in applied science degree, or an associate in
 6  science degree, or a baccalaureate degree authorized by the
 7  State Board of Education pursuant to s. 1007.33 and for
 8  noncollege credit college-preparatory courses defined in s.
 9  1004.02.
10         (2)(a)  All students shall be charged fees except
11  students who are exempt from fees or students whose fees are
12  waived.
13         (b)  Tuition and out-of-state fees for upper-division
14  courses must reflect that the community college has a less
15  expensive cost structure than that of a state university.
16  Therefore, the board of trustees shall establish tuition and
17  out-of-state fees for upper-division courses pursuant to
18  approved baccalaureate programs and consistent with law and
19  proviso language in the General Appropriations Act; however,
20  the board of trustees may not vary tuition and out-of-state
21  fees as provided in subsection (4). Identical fees shall be
22  required for all community college resident students within a
23  college who take a specific course, regardless of the program
24  in which they are enrolled.
25         Section 4.  Section 1011.83, Florida Statutes, is
26  amended to read:
27         1011.83  Financial support of community colleges.--
28         (1)  Each community college that has been approved by
29  the Department of Education and meets the requirements of law
30  and rules of the State Board of Education shall participate in
31  the Community College Program Fund. However, funds to support
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
 1  workforce education programs conducted by community colleges
 2  shall be provided pursuant to s. 1011.80.
 3         (2)  Funding for baccalaureate degree programs approved
 4  pursuant to s. 1007.33 shall be specified in the General
 5  Appropriations Act. A student in a baccalaureate degree
 6  program approved pursuant to s. 1007.33 who is not classified
 7  as a resident for tuition purposes pursuant to s. 1009.21 may
 8  not be included in calculations of full-time equivalent
 9  enrollments for state funding purposes.
10         (3)  Funds specifically appropriated by the Legislature
11  for baccalaureate degree programs approved pursuant to s.
12  1007.33 may be used only for such programs. A community
13  college shall fund the nonrecurring costs related to the
14  initiation of a new baccalaureate degree program under s.
15  1007.33 without new state appropriations unless special grant
16  funds are appropriated in the General Appropriations Act. A
17  new baccalaureate degree program may not accept students
18  without a recurring legislative appropriation for this
19  purpose.
20         (4)  State policy for funding baccalaureate degree
21  programs approved pursuant to s. 1007.33 shall be to limit
22  state support for recurring operating purposes to no more than
23  85 percent of the amount of state expenditures for direct
24  instruction per credit hour in upper-level state university
25  programs. A community college may temporarily exceed this
26  limit due to normal enrollment fluctuations or unforeseeable
27  circumstances or while phasing in new programs. This
28  subsection does not authorize the Department of Education to
29  withhold legislative appropriations to any community college.
30         (5)  A community college that grants baccalaureate
31  degrees shall maintain reporting and funding distinctions
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
 1  between any baccalaureate degree program approved under s.
 2  1007.33 and any other baccalaureate degree programs involving
 3  traditional concurrent-use partnerships.
 4         Section 5.  This act shall take effect July 1, 2007.
 5  
 6  
 7  ================ T I T L E   A M E N D M E N T ===============
 8  And the title is amended as follows:
 9         Delete everything before the enacting clause
10  
11  and insert:  
12                      A bill to be entitled
13         An act relating to the awarding of
14         baccalaureate degrees by community colleges;
15         amending s. 1001.64, F.S.; providing for
16         community colleges that grant baccalaureate
17         degrees to remain under the authority of the
18         State Board of Education with respect to
19         specified responsibilities; providing that the
20         board of trustees is the governing board for
21         purposes of granting baccalaureate degrees;
22         providing powers of the boards of trustees,
23         including the power to establish tuition and
24         out-of-state fees; providing restrictions;
25         requiring policies relating to minimum faculty
26         teaching hours per week; amending s. 1007.33,
27         F.S.; authorizing a community college to
28         develop proposals to deliver baccalaureate
29         degree programs in math and science which would
30         prepare graduates to enter certain professions;
31         removing a requirement that proposals for a
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7147, 2nd Eng.
                        Barcode 811046
 1         baccalaureate degree program be submitted to
 2         the Council for Education Policy Research and
 3         Improvement for review and comment; providing
 4         requirements for the delivery of specified
 5         baccalaureate degree programs by a regionally
 6         accredited college or university at a community
 7         college site; requiring notification to
 8         colleges and universities of intent to offer
 9         the degree program; amending s. 1009.23, F.S.;
10         providing guidelines and restrictions for
11         setting tuition and out-of-state fees for
12         upper-division courses; amending s. 1011.83,
13         F.S.; providing a residency requirement for
14         funding baccalaureate degree programs at
15         community colleges; providing requirements for
16         funding nonrecurring and recurring costs
17         associated with such programs; limiting
18         per-student funding to a specified percentage
19         of costs associated with state university
20         baccalaureate degree programs; providing
21         certain reporting and funding requirements;
22         providing an effective date.
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