CS/HB 7149

1	A bill to be entitled
2	An act relating to education; amending s. 20.055, F.S.;
3	revising a definition; amending s. 20.15, F.S.; deleting
4	the Division of Colleges and Universities in the
5	Department of Education; requiring the department to
6	provide certain support services to the Board of Governors
7	of the State University System; creating s. 20.155, F.S.,
8	relating to the Board of Governors; providing for certain
9	rights and privileges, the head of the board, personnel,
10	certain powers and duties, and an Office of Inspector
11	General; amending s. 23.21, F.S., relating to definitions
12	for purposes of paperwork reduction; updating terminology;
13	amending s. 110.131, F.S., relating to other-personal-
14	services temporary employment; updating terminology;
15	amending s. 110.181, F.S., relating to the Florida State
16	Employees' Charitable Campaign; conforming a cross-
17	reference; amending s. 112.0455, F.S., relating to the
18	Drug-Free Workplace Act; deleting obsolete provisions;
19	amending s. 112.19, F.S., relating to death benefits for
20	certain officers; updating terminology; requiring the
21	Board of Governors to adopt rules; amending s. 112.191,
22	F.S., relating to death benefits for firefighters;
23	updating terminology; requiring the Board of Governors to
24	adopt rules; amending s. 112.313, F.S., relating to
25	standards of conduct; revising definition of "employee" to
26	include provosts; updating terminology; amending s.
27	112.3135, F.S., relating to restriction on employment of
28	relatives; updating terminology; amending s. 112.3145,
29	F.S., relating to disclosure of financial interests and
30	clients represented before agencies; updating terminology;
31	amending s. 120.52, F.S., relating to definitions for
32	purposes of the Administrative Procedure Act; revising
33	definition of "agency" to include the Board of Governors
34	and state university boards of trustees under certain
35	circumstances; revising definition of "educational unit";
36	amending s. 120.65, F.S.; including the Board of Governors
37	in the list of entities that must reimburse the Division
38	of Administrative Hearings for certain services and travel
39	expenses; amending s. 121.021, F.S., relating to
40	definitions for purposes of the Florida Retirement System;
41	updating terminology; amending s. 121.35, F.S., relating
42	to the optional retirement program for the State
43	University System; transferring authority from the State
44	Board of Education to the Board of Governors; updating
45	terminology and provisions; amending s. 159.703, F.S.,
46	relating to creation of research and development
47	authorities; updating terminology and an effective date;
48	amending s. 159.704, F.S., relating to research and
49	development authorities; updating terminology; amending s.
50	159.706, F.S.; including research and development
51	authorities designated by the Board of Regents in a
52	grandfather clause; amending s. 211.3103, F.S., relating
53	to distribution of the tax levy on severance of phosphate
54	rock; updating terminology; amending s. 215.16, F.S.,
55	relating to appropriations from the General Revenue Fund;
56	deleting unnecessary language; amending s. 215.32, F.S.,
57	relating to segregation of trust funds; including trust
58	funds under the management of the Board of Governors;
59	amending s. 215.559, F.S., relating to the Hurricane Loss
60	Mitigation Program; updating terminology; deleting
61	obsolete terminology; conforming cross-references;
62	amending s. 215.82, F.S., relating to validation of bonds;
63	conforming a cross-reference; amending s. 216.0152, F.S.,
64	relating to inventory of facilities; updating terminology;
65	amending s. 216.251, F.S., relating to salary
66	appropriations; deleting reference to the State Board of
67	Education with respect to State University System
68	positions; adding the Board of Governors' designee;
69	amending s. 220.15, F.S., relating to apportionment of
70	adjusted federal income; updating terminology; amending s.
71	250.10, F.S.; providing duties of the Board of Governors
72	in cooperation with the Adjutant General and the State
73	Board of Education; amending s. 253.381, F.S., relating to
74	the sale of unsurveyed marshlands; deleting reference to
75	the State Board of Education; amending s. 255.02, F.S.,
76	relating to boards authorized to replace buildings
77	destroyed by fire; deleting obsolete terminology; amending
78	s. 255.043, F.S., relating to art in state buildings;
79	deleting obsolete terminology; amending s. 255.102, F.S.;
80	requiring the Board of Governors to collaborate in the
81	adoption of rules for contractor compliance with minority
82	business participation; amending s. 280.02, F.S.; revising
83	definition of "public deposit" to include moneys of a
84	state university; amending s. 286.001, F.S., relating to
85	statutorily required reports; updating terminology;
86	amending s. 287.064, F.S., relating to consolidated
87	financing of deferred-payment purchases; conforming a
88	cross-reference; amending s. 287.155, F.S., relating to
89	purchase of motor vehicles; updating terminology; amending
90	s. 288.15, F.S.; adding the Board of Governors to the list
91	of entities authorized to cooperate with the Division of
92	Bond Finance; amending s. 288.17, F.S., relating to
93	revenue certificates; updating terminology; amending s.
94	288.705, F.S.; updating terminology; amending s. 288.7091,
95	F.S.; requiring the Florida Black Business Investment
96	Board to develop memoranda of understanding with the Board
97	of Governors; amending s. 288.8175, F.S.; requiring a
98	linkage institute to be governed by an agreement between
99	the Board of Governors and the State Board of Education;
100	amending s. 295.07, F.S., relating to preference in
101	appointment and retention for veterans; including certain
102	equivalent positions; amending s. 320.08058, F.S.,
103	relating to specialty license plates; updating
104	terminology; amending s. 334.065, F.S.; updating
105	terminology; amending s. 377.705, F.S.; updating
106	terminology; amending s. 381.79, F.S., relating to the
107	Brain and Spinal Cord Injury Program Trust Fund; updating
108	terminology; amending s. 388.43, F.S.; updating
109	terminology; amending s. 403.073, F.S., relating to
110	pollution prevention; updating terminology; amending s.
111	403.074, F.S., relating to technical assistance by the
112	Department of Environmental Protection; updating
113	terminology; amending s. 409.908, F.S., relating to
114	reimbursement of Medicaid providers; updating terminology;
115	amending s. 413.051, F.S., relating to blind persons
116	eligible to operate vending stands; updating terminology;
117	amending s. 447.203, F.S.; designating the Board of
118	Governors, or the board's designee, as the public employer
119	and legislative body with respect to public employees of
120	state universities; revising definition of "legislative
121	body" to conform; amending s. 455.2125, F.S., relating to
122	adoption of changes to training requirements; updating
123	terminology; amending s. 456.028, F.S., relating to
124	adoption of changes to training requirements; updating
125	terminology; amending s. 464.0196, F.S., relating to nurse
126	educator appointments; prescribing appointing authorities
127	for the Florida Center for Nursing board; amending s.
128	489.103, F.S., relating to exemptions for purposes of
129	construction contracting; updating terminology; amending
130	s. 489.503, F.S., relating to exemptions for purposes of
131	electrical and alarm system contracting; updating
132	terminology; amending s. 553.71, F.S., relating to
133	definitions for purposes of the Florida Building Code;
134	conforming terminology relating to education boards;
135	amending ss. 627.06281 and 627.06292, F.S., relating to
136	hurricane loss data; updating terminology; amending s.
137	633.01, F.S., relating to the State Fire Marshal;
138	conforming cross-references; amending s. 650.03, F.S.,
139	relating to federal-state agreement; updating terminology;
140	amending s. 943.1755, F.S., relating to the Florida
141	Criminal Justice Executive Institute; updating
142	terminology; amending s. 1000.01, F.S.; providing for
143	certain transfers; amending s. 1000.03, F.S., relating to
144	the function, mission, and goals of the Florida K-20
145	education system; deleting duplicative provisions;
146	limiting oversight authority over state university matters
147	to the Board of Governors; amending s. 1000.05, F.S.;
148	assigning responsibilities for implementation of equal
149	opportunity policies to the Commissioner of Education and
150	State Board of Education and to the Board of Governors;
151	limiting the functions of the Office of Equal Educational
152	Opportunity to those relating to school districts and
153	community colleges; amending s. 1000.21, F.S.; defining
154	"Board of Governors" as used in the education code;
155	amending s. 1001.02, F.S.; revising powers and duties of
156	the State Board of Education to include working in
157	consultation with the Board of Governors on certain
158	matters; providing for exceptions; prohibiting the State
159	Board of Education from amending a specified budget
160	request; prohibiting amendment of certain fixed capital
161	outlay lists; deleting certain responsibilities relating
162	to state universities; revising reporting requirements
163	relating to financial aid; conforming provisions; amending
164	s. 1001.03, F.S.; providing exceptions regarding State
165	Board of Education enforcement authority; requiring
166	working in conjunction with the Board of Governors on
167	certain matters; deleting State Board of Education review
168	of state university academic programs; amending s.
169	1001.10, F.S.; providing duties of the Commissioner of
170	Education relating to expenditures of the Board of
171	Governors in the K-20 budget; revising reporting
172	requirements; amending s. 1001.11, F.S.; requiring annual
173	reporting by the Commissioner of Education; requiring the
174	Commissioner of Education to work with the Board of
175	Governors for allocation of funds for qualified
176	postsecondary projects; conforming provisions; amending s.
177	1001.20, F.S.; transferring responsibilities regarding
178	determination of need for investigations of state
179	universities by the Office of Inspector General; amending
180	s. 1001.28, F.S.; providing that Department of Education
181	distance learning duties do not alter duties of the Board
182	of Governors; amending s. 1001.64, F.S., relating to
183	powers and duties of community college boards of trustees;
184	conforming a cross-reference; amending s. 1001.70, F.S.;
185	providing authority of the Board of Governors; authorizing
186	travel and per diem; creating s. 1001.706, F.S., relating
187	to powers and duties of the Board of Governors; providing
188	for 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	prohibiting assessment of a fee on universities; amending
193	s. 1001.71, F.S.; providing that the university boards of
194	trustees are part of the executive branch of state
195	government; deleting certain board member requirements;
196	amending s. 1001.72, F.S., relating to university boards
197	of trustees acting as corporations; amending s. 1001.73,
198	F.S., relating to university boards acting as trustees;
199	transferring responsibilities of the State Board of
200	Education to the Board of Governors; subjecting agreements
201	to requirements for the issuance of bonds and debt;
202	amending s. 1001.74, F.S.; revising powers and duties of
203	university boards of trustees relating to general
204	provisions for responsibility, organization and operation
205	of state universities, finance, accountability, personnel,
206	property, and compliance with laws and rules; amending s.
207	1002.35, F.S.; requiring the State Board of Education to
208	work in conjunction with the Board of Governors regarding
209	assignment of a university partner to the New World School
210	of the Arts; updating terminology; amending s. 1002.41,
211	F.S., relating to home education programs; conforming
212	provisions; amending s. 1004.03, F.S.; transferring
213	responsibilities for approval of new programs at state
214	universities from the State Board of Education to the
215	Board of Governors; amending s. 1004.04, F.S., relating to
216	accountability and approval for teacher preparation
217	programs; including the Board of Governors as a report
218	recipient; amending s. 1004.07, F.S., relating to student
219	withdrawal from courses due to military service; providing
220	for rules by the State Board of Education and Board of
221	Governors; amending s. 1004.21, F.S.; removing legislative
222	intent regarding state universities; providing that state
223	universities are part of the executive branch of state
224	government and administered by a board of trustees;
225	amending s. 1004.22, F.S., relating to divisions of
226	sponsored research at state universities; providing for
227	guidelines of the Board of Governors; transferring
228	responsibilities from the State Board of Education to the
229	Board of Governors; amending s. 1004.24, F.S; transferring
230	responsibilities relating to securing liability insurance
231	from the State Board of Education to the Board of
232	Governors or the board's designee; amending s. 1004.28,
233	F.S.; transferring responsibilities relating to duties of
234	direct-support organizations from the State Board of
235	Education to the Board of Governors; defining "property";
236	providing for rules; subjecting certain agreements to
237	requirements for issuance of bonds and debt; amending s.
238	1004.29, F.S.; transferring responsibilities relating to
239	university health services support organizations from the
240	State Board of Education to the Board of Governors;
241	providing for rules; amending s. 1004.35, F.S.; including
242	the Board of Governors in consultations regarding
243	coordination of course offerings; amending s. 1004.36,
244	F.S.; transferring responsibilities relating to
245	comprehensive master plans from the State Board of
246	Education to the Board of Governors; amending s. 1004.39,
247	F.S.; transferring responsibilities relating to the
248	college of law at Florida International University from
249	the State Board of Education to the Board of Governors;
250	deleting obsolete provisions; amending s. 1004.40, F.S.;
251	transferring responsibilities relating to the college of
252	law at Florida Agricultural and Mechanical University from
253	the State Board of Education to the Board of Governors;
254	deleting obsolete provisions; amending s. 1004.41, F.S.,
255	relating to the J. Hillis Miller Health Center at the
256	University of Florida; authorizing the University of
257	Florida Board of Trustees to utilize certain revenues;
258	amending s. 1004.43, F.S.; transferring responsibilities
259	relating to the H. Lee Moffitt Cancer Center and Research
260	Institute from the State Board of Education to the Board
261	of Governors; amending s. 1004.435, F.S.; transferring
262	responsibilities relating to cancer control from the State
263	Board of Education to the Board of Governors; revising
264	membership of the Florida Cancer Control and Research
265	Council; amending s. 1004.445, F.S.; transferring
266	responsibilities relating to the Johnnie B. Byrd, Sr.,
267	Alzheimer's Center and Research Institute from the State
268	Board of Education to the Board of Governors; amending s.
269	1004.447, F.S.; requiring annual reporting to the Board of
270	Governors; amending s. 1004.47, F.S.; updating terminology
271	relating to solid and hazardous waste management research;
272	amending s. 1004.58, F.S.; including the Board of
273	Governors as a report recipient; providing for the
274	Chancellor of the State University System to serve as a
275	member of the board and to staff the board; amending s.
276	1005.03, F.S., relating to the designation "college" or
277	"university"; deleting obsolete terminology; amending s.
278	1005.06, F.S., relating to institutions not under the
279	jurisdiction of the Commission for Independent Education;
280	deleting obsolete terminology; amending s. 1005.22, F.S.;
281	removing an obsolete reference; amending s. 1006.53, F.S.;
282	removing references to State Board of Education rules for
283	religious observances; amending s. 1006.60, F.S.;
284	including rules of the Board of Governors relating to
285	codes of conduct; amending s. 1006.61, F.S.; including
286	policies of the Board of Governors relating to disruptive
287	student activities; amending s. 1006.62, F.S.; including
288	rules of the Board of Governors relating to expulsion and
289	discipline of students; amending s. 1006.65, F.S.;
290	requiring the Board of Governors to adopt rules for state
291	universities relating to safety issues; amending s.
292	1006.71, F.S., relating to gender equity in
293	intercollegiate athletics; transferring responsibilities
294	relating to state universities from the Commissioner of
295	Education and State Board of Education to the Chancellor
296	of the State University System and Board of Governors;
297	adding the Legislature to the list of recipients of annual
298	assessments; amending s. 1007.01, F.S.; requiring
299	recommendations to the Legislature relating to
300	articulation; amending s. 1007.22, F.S.; encouraging
301	boards to establish programs to maximize articulation;
302	amending s. 1007.23, F.S.; requiring the State Board of
303	Education and the Board of Governors to enter into a
304	statewide articulation agreement which addresses certain
305	issues; requiring the State Board of Education to adopt a
306	rule; revising provisions relating to admissions; amending
307	s. 1007.24, F.S., relating to the statewide course
308	numbering system; requiring the Commissioner of Education
309	in conjunction with the chancellor, to perform certain
310	duties; requiring the Department of Education in
311	conjunction with the Board of Governors to perform certain
312	duties; requiring the State Board of Education to approve
313	course level with input from the Board of Governors;
314	amending s. 1007.25, F.S., relating to general education
315	courses, common prerequisites, and other degree
316	requirements; transferring responsibilities relating to
317	state universities from the State Board of Education to
318	the Board of Governors; amending s. 1007.2615, F.S.,
319	relating to acceptance of American Sign Language credits
320	as foreign language credits; conforming provisions;
321	amending s. 1007.262, F.S., relating to foreign language
322	competence and equivalence determinations; conforming
323	provisions; providing an exemption; amending s. 1007.264,
324	F.S., relating to admission of impaired and learning
325	disabled persons to postsecondary educational
326	institutions; transferring responsibilities relating to
327	state universities from the State Board of Education to
328	the Board of Governors; providing for consultation between
329	Board of Governors and State Board of Education; amending
330	s. 1007.265, F.S., relating to graduation, study program
331	admission, and upper-division entry for impaired and
332	learning disabled persons; transferring responsibilities
333	relating to state universities from the State Board of
334	Education to the Board of Governors; providing for
335	consultation between Board of Governors and State Board of
336	Education; amending s. 1007.27, F.S., relating to
337	articulated acceleration mechanisms and the statewide
338	articulation agreement; conforming provisions; deleting
339	obsolete provisions; amending s. 1007.28, F.S.;
340	transferring requirement for establishment and maintenance
341	of a computer-assisted student advising system from the
342	State Board of Education to the Department of Education in
343	conjunction with the Board of Governors; requiring the
344	State Board of Education and the Board of Governors to
345	specify roles and responsibilities relating to the system;
346	amending s. 1007.33, F.S., relating to site-determined
347	baccalaureate degree access; conforming provisions;
348	amending s. 1008.29, F.S., relating to the college-level
349	communication and mathematics skills examination (CLAST);
350	requiring the State Board of Education in conjunction with
351	the Board of Governors to establish minimum passing scores
352	and identify coursework to satisfy testing requirements;
353	authorizing the Board of Governors to set certain
354	examination fees; amending s. 1008.30, F.S., relating to
355	common placement testing; requiring public postsecondary
356	educational institutions to provide certain modifications
357	for students with disabilities; requiring the State Board
358	of Education in conjunction with the Board of Governors to
359	implement the common placement test and specify certain
360	college-preparatory requirements; amending s. 1008.32,
361	F.S.; limiting State Board of Education oversight
362	enforcement authority to school districts and community
363	colleges and their respective boards; amending s.
364	1008.345, F.S.; conforming provisions relating to
365	implementation of the state system of school improvement
366	and education accountability; requiring State Board of
367	Education and Board of Governors approval of CLAST skills
368	and certain assessments; including the Board of Governors
369	as a recipient of certain information; amending s.
370	1008.37, F.S., relating to postsecondary feedback of
371	information to high schools; removing State Board of
372	Education rulemaking; requiring the Commissioner of
373	Education to report to the Board of Governors; amending s.
374	1008.38, F.S., relating to the articulation accountability
375	process; requiring the State Board of Education in
376	conjunction with the Board of Governors to establish an
377	articulation accountability process; amending s. 1008.45,
378	F.S., relating to the community college accountability
379	process; conforming provisions; amending s. 1008.46, F.S.;
380	transferring responsibilities relating to the state
381	university accountability process from the State Board of
382	Education to the Board of Governors; amending s. 1009.01,
383	F.S.; revising definition of "out-of-state fee"; amending
384	s. 1009.21, F.S., relating to determination of resident
385	status for tuition purposes; modifying State Board of
386	Education rulemaking; authorizing rulemaking by the Board
387	of Governors; amending s. 1009.24, F.S.; revising
388	provisions relating to state university tuition and fees;
389	providing guidelines and requirements for the
390	establishment of fees; updating terminology; providing
391	that a state university may not charge any fee except as
392	specifically authorized by law; amending s. 1009.26, F.S.;
393	transferring responsibilities relating to state university
394	fee waivers from the State Board of Education to the Board
395	of Governors; authorizing university boards of trustees to
396	waive tuition and out-of-state fees under certain
397	conditions; amending s. 1009.27, F.S., relating to
398	deferral of fees; removing State Board of Education
399	rulemaking; amending s. 1009.285, F.S., relating to fees
400	for repeated enrollment in college-credit courses;
401	deleting reference to definitions and fee levels
402	established by the State Board of Education; amending s.
403	1009.29, F.S., relating to increased fees for funding
404	financial aid programs; correcting a reference; amending
405	s. 1009.40, F.S., relating to general requirements for
406	student eligibility for state financial aid; conforming
407	provisions relating to tuition assistance grants; amending
408	s. 1009.90, F.S.; including the Board of Governors with
409	respect to Department of Education duties relating to
410	student financial aid; amending s. 1009.91, F.S.;
411	requiring state university student loan information to be
412	reported annually to the Board of Governors; amending s.
413	1009.971, F.S., relating to the Florida Prepaid College
414	Board; updating terminology; amending s. 1010.01, F.S.,
415	relating to uniform records and accounts; transferring
416	responsibilities relating to state universities from the
417	State Board of Education to the Board of Governors;
418	requiring a uniform classification of accounts; requiring
419	state universities to file financial statements; amending
420	s. 1010.011, F.S.; revising a definition for purposes of
421	financial matters; amending s. 1010.02, F.S., relating to
422	financial accounting and expenditure; transferring
423	responsibilities relating to state universities from the
424	State Board of Education to the Board of Governors;
425	amending s. 1010.04, F.S., relating to purchasing;
426	transferring responsibilities relating to state
427	universities from the State Board of Education to the
428	Board of Governors; amending s. 1010.07, F.S., relating to
429	bonds and insurance; transferring responsibilities
430	relating to state universities from the State Board of
431	Education to the Board of Governors; amending s. 1010.09,
432	F.S., relating to direct-support organizations;
433	transferring responsibilities relating to state
434	universities from the State Board of Education to the
435	Board of Governors; amending s. 1010.30, F.S., relating to
436	audits; transferring supervision of state universities
437	from the State Board of Education to the Board of
438	Governors; amending s. 1011.01, F.S.; transferring budget
439	responsibilities relating to state universities from the
440	State Board of Education to the Board of Governors;
441	requiring coordination; amending s. 1011.011, F.S.;
442	requiring the State Board of Education in conjunction with
443	the Board of Governors to submit legislative capital
444	outlay budget requests for state universities; amending s.
445	1011.40, F.S.; transferring state university budget
446	responsibilities from the State Board of Education to the
447	Board of Governors; amending s. 1011.41, F.S.; requiring
448	compliance with certain tuition and fee policies for
449	receipt of state university appropriations; amending s.
450	1011.4106, F.S.; providing requirements for the
451	expenditure of tuition and fee revenues from local
452	accounts; providing for deposit into the State Treasury
453	under certain conditions; amending s. 1011.411, F.S.,
454	relating to budgets for sponsored research at
455	universities; conforming a cross-reference; amending s.
456	1011.42, F.S., relating to university depositories;
457	authorizing certain fund transfers; amending s. 1011.48,
458	F.S.; transferring responsibilities for educational
459	research centers for child development from the State
460	Board of Education to the Board of Governors; amending s.
461	1011.82, F.S., relating to requirements for participation
462	in the Community College Program Fund; conforming a cross-
463	reference; amending s. 1011.90, F.S.; transferring state
464	university funding responsibilities from the State Board
465	of Education to the Board of Governors; amending s.
466	1011.91, F.S.; transferring certain responsibilities
467	relating to additional appropriations; amending s.
468	1011.94, F.S.; redesignating the Trust Fund for University
469	Major Gifts as the University Major Gifts Program;
470	removing references to the trust fund and New College;
471	transferring responsibilities relating to the program from
472	the State Board of Education to the Board of Governors;
473	amending s. 1012.01, F.S.; limiting definitions for
474	purposes of personnel; amending s. 1012.80, F.S.;
475	transferring responsibilities relating to employee
476	disruptive activities at state universities from the State
477	Board of Education to the Board of Governors; amending s.
478	1012.801, F.S., relating to State University System
479	employees; updating terminology; amending s. 1012.93,
480	F.S.; authorizing evaluation of faculty proficiency in
481	English through a test approved by the Board of Governors;
482	amending s. 1012.98, F.S.; deleting obsolete provisions
483	relating to professional development programs; amending s.
484	1013.01, F.S.; excluding the Board of Governors from the
485	definition of "board" for purposes of educational
486	facilities; amending s. 1013.02, F.S.; transferring
487	rulemaking authority relating to state university
488	educational facilities from the State Board of Education
489	to the Board of Governors; amending s. 1013.03, F.S.;
490	providing functions of the Board of Governors relating to
491	state university educational facilities; revising
492	provisions relating to submission of data; deleting
493	obsolete provisions; amending s. 1013.11, F.S.; providing
494	for the Chancellor of the State University System to
495	receive reports; amending s. 1013.12, F.S.; requiring
496	state university firesafety inspections to comply with
497	rules of the Board of Governors; revising recipients of an
498	annual report; amending s. 1013.15, F.S.; subjecting lease
499	or lease-purchase agreements to requirements for issuance
500	of bonds and debt; amending s. 1013.16, F.S.; subjecting
501	leases executed by a university board of trustees to
502	requirements for issuance of bonds and debt; amending s.
503	1013.17, F.S.; transferring responsibilities relating to
504	university leasing in affiliated research and development
505	parks from the State Board of Education to the Board of
506	Governors; subjecting leases to requirements for issuance
507	of bonds and debt; amending s. 1013.171, F.S.; authorizing
508	each university board of trustees to enter into certain
509	lease agreements; transferring systemwide strategic plan
510	adoption responsibilities from the State Board of
511	Education to the Board of Governors; subjecting agreements
512	to requirements for issuance of bonds and debt; amending
513	s. 1013.19, F.S.; subjecting certain contracts executed by
514	a university board of trustees to requirements for the
515	issuance of bonds and debt; amending s. 1013.25, F.S.;
516	requiring approval of the Administration Commission to
517	exercise the power of eminent domain; amending s. 1013.28,
518	F.S.; requiring state university disposal of property
519	according to rules of the Board of Governors or the Board
520	of Trustees for the Florida School for the Deaf and the
521	Blind; amending s. 1013.31, F.S.; providing Department of
522	Education duties relating to educational plant surveys and
523	PECO funding; removing State Board of Education
524	rulemaking; updating terminology and making technical
525	changes; providing duties of the Chancellor of the State
526	University System; requiring approval of state university
527	educational plant surveys by the Board of Governors;
528	amending s. 1013.46, F.S.; deleting State Board of
529	Education rulemaking for prequalification of bidders;
530	amending s. 1013.47, F.S.; including rules of the Board of
531	Governors with respect to contracts for construction of
532	educational facilities; amending s. 1013.52, F.S.;
533	requiring the Board of Governors' or the Chancellor of the
534	State University System's review and approval for state
535	university joint-use facilities proposals; amending s.
536	1013.60, F.S.; requiring that state university capital
537	outlay budget request information approved by the Board of
538	Governors be submitted to the Commissioner of Education;
539	amending s. 1013.64, F.S.; requiring the Board of
540	Governors to submit a 3-year priority list for capital
541	outlay projects for the universities; transferring
542	responsibilities for state university funds for
543	comprehensive educational plant needs from the State Board
544	of Education to the Board of Governors; amending s.
545	1013.65, F.S.; requiring copies of capital outlay
546	allocations to be provided to the Board of Governors;
547	amending s. 1013.74, F.S.; deleting a cross-reference;
548	transferring responsibilities relating to state university
549	fixed capital outlay projects from the State Board of
550	Education to the Board of Governors; subjecting projects
551	to requirements for issuance of bonds and debt; amending
552	s. 1013.78, F.S.; providing an exception relating to
553	legislative approval for university-related facility
554	acquisitions; repealing s. 186.805, F.S., relating to the
555	Data Bank on Older Floridians; repealing s. 1004.54, F.S.,
556	relating to the Learning Development and Evaluation
557	Center; repealing s. 741.03055, F.S., relating to review
558	of premarital preparation courses, pilot programs, and
559	questionnaire and curriculum; repealing s. 741.03056,
560	F.S., relating to an informational questionnaire;
561	repealing s. 1001.75, F.S., relating to powers and duties
562	of state university presidents; repealing s. 1007.261,
563	F.S., relating to state university admission of students;
564	repealing s. 1007.31, F.S., relating to limited access
565	programs; repealing s. 1007.32, F.S., relating to transfer
566	students; repealing s. 1008.51, F.S., relating to the
567	Council for Education Policy Research and Improvement;
568	repealing s. 1011.4105, F.S., relating to transition from
569	the state accounting system (FLAIR) to the university
570	accounting system; repealing s. 1012.92, F.S., relating to
571	personnel codes of conduct, disciplinary measures, and
572	rulemaking authority; repealing s. 1012.94, F.S., relating
573	to evaluations of faculty members; repealing s. 1012.95,
574	F.S., relating to university employment equity
575	accountability programs; authorizing the repeal of certain
576	rules; providing an effective date.
577
578	Be It Enacted by the Legislature of the State of Florida:
579
580	Section 1.  Paragraph (a) of subsection (1) of section
581	20.055, Florida Statutes, is amended to read:
582	20.055  Agency inspectors general.--
583	(1)  For the purposes of this section:
584	(a)  "State agency" means each department created pursuant
585	to this chapter, and also includes the Executive Office of the
586	Governor, the Department of Military Affairs, the Fish and
587	Wildlife Conservation Commission, the Office of Insurance
588	Regulation of the Financial Services Commission, the Office of
589	Financial Regulation of the Financial Services Commission, the
590	Public Service Commission, the Board of Governors of the State
591	University System, and the state courts system.
592	Section 2.  Paragraphs (d) and (e) of subsection (3) of
593	section 20.15, Florida Statutes, are redesignated as paragraphs
594	(c) and (d), respectively, present paragraph (c) of that
595	subsection and subsections (5) and (7) are amended, and
596	subsection (8) is added to that section, to read:
597	20.15  Department of Education.--There is created a
598	Department of Education.
599	(3)  DIVISIONS.--The following divisions of the Department
600	of Education are established:
601	(c)  Division of Colleges and Universities.
602	(5)  POWERS AND DUTIES.--The State Board of Education and
603	the Commissioner of Education shall assign to the divisions such
604	powers, duties, responsibilities, and functions as are necessary
605	to ensure the greatest possible coordination, efficiency, and
606	effectiveness of education for students in K-20 education under
607	the jurisdiction of the State Board of Education.
608	(7)  BOARDS.--Notwithstanding anything contained in law to
609	the contrary, all members of the university and community
610	college boards of trustees must be appointed according to
611	chapter 1001.
612	(8)  SUPPORT SERVICES.--The Department of Education shall
613	continue to provide support to the Board of Governors of the
614	State University System. At a minimum, support services provided
615	to the Board of Governors shall include accounting, printing,
616	computer and Internet support, personnel and human resources
617	support, support for accountability initiatives, and
618	administrative support as needed for trust funds under the
619	jurisdiction of the Board of Governors.
620	Section 3.  Section 20.155, Florida Statutes, is created to
621	read:
622	20.155  Board of Governors of the State University
623	System.--
624	(1)  GENERAL PROVISIONS.--The Board of Governors of the
625	State University System is established by the State Constitution
626	under s. 7, Art. IX and, accordingly, is granted rights and
627	privileges equal to those of departments established under this
628	chapter while preserving the Board of Governors' constitutional
629	designation and title.
630	(2)  HEAD OF THE BOARD.--The head of the Board of Governors
631	is the board with members appointed by the Governor as provided
632	for in s. 7, Art. IX of the State Constitution.
633	(3)  PERSONNEL.--The Board of Governors may appoint a
634	Chancellor to aid the board in the implementation of its
635	responsibilities.
636	(4)  POWERS AND DUTIES.--
637	(a)  The Board of Governors shall operate, regulate,
638	control, and be responsible for the management of the whole
639	State University System in accordance with s. 7, Art. IX of the
640	State Constitution and law.
641	(b)  The Board of Governors, in exercising its authority
642	under the State Constitution and statutes, shall do so in a
643	manner that supports, promotes, and enhances all of the
644	following:
645	1.  Affordable access to postsecondary educational
646	opportunities for Florida residents.
647	2.  Articulation among state universities and with public
648	schools and other postsecondary educational institutions.
649	3.  Fiscal responsibility.
650	4.  Accountability.
651	(5)  OFFICE OF INSPECTOR GENERAL.--An Office of Inspector
652	General shall be organized using existing resources and funds to
653	promote accountability, efficiency, and effectiveness and to
654	detect fraud and abuse within state universities. If the Board
655	of Governors determines that a state university board of
656	trustees is unwilling or unable to address substantiated
657	allegations made by any person relating to waste, fraud, or
658	financial mismanagement, the office shall conduct, coordinate,
659	or request investigations into substantiated allegations made by
660	any person relating to waste, fraud, or financial mismanagement
661	within a state university. The office shall have access to all
662	information and personnel necessary to perform its duties and
663	shall have all of its current powers, duties, and
664	responsibilities authorized in s. 20.055.
665	Section 4.  Subsection (1) of section 23.21, Florida
666	Statutes, is amended to read:
667	23.21  Definitions.--For purposes of this part:
668	(1)  "Department" means a principal administrative unit
669	within the executive branch of state government, as defined in
670	chapter 20, and includes the State Board of Administration, the
671	Executive Office of the Governor, the Fish and Wildlife
672	Conservation Commission, the Parole Commission, the Agency for
673	Health Care Administration, the Board of Regents, the State
674	Board of Education Community Colleges, the Board of Governors of
675	the State University System, the Justice Administrative
676	Commission, the capital collateral regional counsel, and
677	separate budget entities placed for administrative purposes
678	within a department.
679	Section 5.  Paragraph (a) of subsection (6) of section
680	110.131, Florida Statutes, is amended to read:
681	110.131  Other-personal-services temporary employment.--
682	(6)(a)  The provisions of subsections (2), (3), and (4) do
683	not apply to any employee for whom the Board of Governors of the
684	State University System, or the board's designee, Regents or the
685	Board of Trustees of the Florida School for the Deaf and the
686	Blind is the employer as defined in s. 447.203(2); except that,
687	for purposes of subsection (5), the Board of Trustees of the
688	Florida School for the Deaf and the Blind shall comply with the
689	recordkeeping and reporting requirements adopted by the
690	department pursuant to subsection (3) with respect to those
691	other-personal-services employees exempted by this subsection.
692	Section 6.  Subsection (5) of section 110.181, Florida
693	Statutes, is amended to read:
694	110.181  Florida State Employees' Charitable Campaign.--
695	(5)  PARTICIPATION OF STATE UNIVERSITIES.--Each university
696	may elect to participate in the Florida State Employees'
697	Charitable Campaign, upon timely notice to the department. Each
698	university may also conduct annual charitable fundraising drives
699	for employees under the authority granted in ss. 1001.706 and s.
700	1001.74(19).
701	Section 7.  Paragraphs (e), (f), and (g) of subsection (13)
702	of section 112.0455, Florida Statutes, are redesignated as
703	paragraphs (d), (e), and (f), respectively, and paragraph (d) of
704	that subsection is amended to read:
705	112.0455  Drug-Free Workplace Act.--
706	(13)  RULES.--
707	(d)  The Board of Regents may adopt rules for the State
708	University System implementing this section.
709
710	This section shall not be construed to eliminate the bargainable
711	rights as provided in the collective bargaining process where
712	applicable.
713	Section 8.  Subsection (5) of section 112.19, Florida
714	Statutes, is amended to read:
715	112.19  Law enforcement, correctional, and correctional
716	probation officers; death benefits.--
717	(5)  The State Board Department of Education or the Board
718	of Governors, as appropriate, shall adopt rules and procedures
719	as are necessary to implement the educational benefits
720	provisions of this section.
721	Section 9.  Subsection (5) of section 112.191, Florida
722	Statutes, is amended to read:
723	112.191  Firefighters; death benefits.--
724	(5)  The State Board Department of Education or the Board
725	of Governors, as appropriate, shall adopt rules and procedures
726	as are necessary to implement the educational benefits
727	provisions of this section.
728	Section 10.  Paragraph (a) of subsection (9) of section
729	112.313, Florida Statutes, is amended to read:
730	112.313  Standards of conduct for public officers,
731	employees of agencies, and local government attorneys.--
732	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
733	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
734	(a)1.  It is the intent of the Legislature to implement by
735	statute the provisions of s. 8(e), Art. II of the State
736	Constitution relating to legislators, statewide elected
737	officers, appointed state officers, and designated public
738	employees.
739	2.  As used in this paragraph:
740	a.  "Employee" means:
741	(I)  Any person employed in the executive or legislative
742	branch of government holding a position in the Senior Management
743	Service as defined in s. 110.402 or any person holding a
744	position in the Selected Exempt Service as defined in s. 110.602
745	or any person having authority over policy or procurement
746	employed by the Department of the Lottery.
747	(II)  The Auditor General, the director of the Office of
748	Program Policy Analysis and Government Accountability, the
749	Sergeant at Arms and Secretary of the Senate, and the Sergeant
750	at Arms and Clerk of the House of Representatives.
751	(III)  The executive director of the Legislative Committee
752	on Intergovernmental Relations and the executive director and
753	deputy executive director of the Commission on Ethics.
754	(IV)  An executive director, staff director, or deputy
755	staff director of each joint committee, standing committee, or
756	select committee of the Legislature; an executive director,
757	staff director, executive assistant, analyst, or attorney of the
758	Office of the President of the Senate, the Office of the Speaker
759	of the House of Representatives, the Senate Majority Party
760	Office, Senate Minority Party Office, House Majority Party
761	Office, or House Minority Party Office; or any person, hired on
762	a contractual basis, having the power normally conferred upon
763	such persons, by whatever title.
764	(V)  The Chancellor and Vice Chancellors of the State
765	University System; the general counsel to the Board of Governors
766	of the State University System Regents; and the president,
767	provost, vice presidents, and deans of each state university.
768	(VI)  Any person, including an other-personal-services
769	employee, having the power normally conferred upon the positions
770	referenced in this sub-subparagraph.
771	b.  "Appointed state officer" means any member of an
772	appointive board, commission, committee, council, or authority
773	of the executive or legislative branch of state government whose
774	powers, jurisdiction, and authority are not solely advisory and
775	include the final determination or adjudication of any personal
776	or property rights, duties, or obligations, other than those
777	relative to its internal operations.
778	c.  "State agency" means an entity of the legislative,
779	executive, or judicial branch of state government over which the
780	Legislature exercises plenary budgetary and statutory control.
781	3.  No member of the Legislature, appointed state officer,
782	or statewide elected officer shall personally represent another
783	person or entity for compensation before the government body or
784	agency of which the individual was an officer or member for a
785	period of 2 years following vacation of office. No member of the
786	Legislature shall personally represent another person or entity
787	for compensation during his or her term of office before any
788	state agency other than judicial tribunals or in settlement
789	negotiations after the filing of a lawsuit.
790	4.  An agency employee, including an agency employee who
791	was employed on July 1, 2001, in a Career Service System
792	position that was transferred to the Selected Exempt Service
793	System under chapter 2001-43, Laws of Florida, may not
794	personally represent another person or entity for compensation
795	before the agency with which he or she was employed for a period
796	of 2 years following vacation of position, unless employed by
797	another agency of state government.
798	5.  Any person violating this paragraph shall be subject to
799	the penalties provided in s. 112.317 and a civil penalty of an
800	amount equal to the compensation which the person receives for
801	the prohibited conduct.
802	6.  This paragraph is not applicable to:
803	a.  A person employed by the Legislature or other agency
804	prior to July 1, 1989;
805	b.  A person who was employed by the Legislature or other
806	agency on July 1, 1989, whether or not the person was a defined
807	employee on July 1, 1989;
808	c.  A person who was a defined employee of the State
809	University System or the Public Service Commission who held such
810	employment on December 31, 1994;
811	d.  A person who has reached normal retirement age as
812	defined in s. 121.021(29), and who has retired under the
813	provisions of chapter 121 by July 1, 1991; or
814	e.  Any appointed state officer whose term of office began
815	before January 1, 1995, unless reappointed to that office on or
816	after January 1, 1995.
817	Section 11.  Paragraph (a) of subsection (1) of section
818	112.3135, Florida Statutes, is amended to read:
819	112.3135  Restriction on employment of relatives.--
820	(1)  In this section, unless the context otherwise
821	requires:
822	(a)  "Agency" means:
823	1.  A state agency, except an institution under the
824	jurisdiction of the Board of Governors of the State University
825	System Division of Universities of the Department of Education;
826	2.  An office, agency, or other establishment in the
827	legislative branch;
828	3.  An office, agency, or other establishment in the
829	judicial branch;
830	4.  A county;
831	5.  A city; and
832	6.  Any other political subdivision of the state, except a
833	district school board or community college district.
834	Section 12.  Paragraph (c) of subsection (1) of section
835	112.3145, Florida Statutes, is amended to read:
836	112.3145  Disclosure of financial interests and clients
837	represented before agencies.--
838	(1)  For purposes of this section, unless the context
839	otherwise requires, the term:
840	(c)  "State officer" means:
841	1.  Any elected public officer, excluding those elected to
842	the United States Senate and House of Representatives, not
843	covered elsewhere in this part and any person who is appointed
844	to fill a vacancy for an unexpired term in such an elective
845	office.
846	2.  An appointed member of each board, commission,
847	authority, or council having statewide jurisdiction, excluding a
848	member of an advisory body.
849	3.  A member of the Board of Governors of the State
850	University System or a state university board of trustees
851	Regents, the Chancellor and Vice Chancellors of the State
852	University System, and the president of a state university.
853	4.  A member of the judicial nominating commission for any
854	district court of appeal or any judicial circuit.
855	Section 13.  Paragraph (b) of subsection (1) and subsection
856	(6) of section 120.52, Florida Statutes, are amended to read:
857	120.52  Definitions.--As used in this act:
858	(1)  "Agency" means:
859	(b)  Each:
860	1.  State officer and state department, and each
861	departmental unit described in s. 20.04.
862	2.  Authority, including a regional water supply authority.
863	3.  Board, including the Board of Governors of the State
864	University System and a state university board of trustees when
865	acting pursuant to statutory authority derived from the
866	Legislature.
867	4.  Commission, including the Commission on Ethics and the
868	Fish and Wildlife Conservation Commission when acting pursuant
869	to statutory authority derived from the Legislature.
870	5.  Regional planning agency.
871	6.  Multicounty special district with a majority of its
872	governing board comprised of nonelected persons.
873	7.  Educational units.
874	8.  Entity described in chapters 163, 373, 380, and 582 and
875	s. 186.504.
876
877	This definition does not include any legal entity or agency
878	created in whole or in part pursuant to chapter 361, part II,
879	any metropolitan planning organization created pursuant to s.
880	339.175, any separate legal or administrative entity created
881	pursuant to s. 339.175 of which a metropolitan planning
882	organization is a member, an expressway authority pursuant to
883	chapter 348, any legal or administrative entity created by an
884	interlocal agreement pursuant to s. 163.01(7), unless any party
885	to such agreement is otherwise an agency as defined in this
886	subsection, or any multicounty special district with a majority
887	of its governing board comprised of elected persons; however,
888	this definition shall include a regional water supply authority.
889	(6)  "Educational unit" means a local school district, a
890	community college district, the Florida School for the Deaf and
891	the Blind, or a state university when the university is acting
892	pursuant to statutory authority derived from the Legislature.
893	Section 14.  Subsection (11) of section 120.65, Florida
894	Statutes, is amended to read:
895	120.65  Administrative law judges.--
896	(11)  The division shall be reimbursed for administrative
897	law judge services and travel expenses by the following
898	entities: water management districts, regional planning
899	councils, school districts, community colleges, the Division of
900	Community Colleges, state universities, the Board of Governors
901	of the State University System, the State Board of Education,
902	the Florida School for the Deaf and the Blind, and the
903	Commission for Independent Education. These entities shall
904	contract with the division to establish a contract rate for
905	services and provisions for reimbursement of administrative law
906	judge travel expenses and video teleconferencing expenses
907	attributable to hearings conducted on behalf of these entities.
908	The contract rate must be based on a total-cost-recovery
909	methodology.
910	Section 15.  Paragraph (b) of subsection (22) of section
911	121.021, Florida Statutes, is amended to read:
912	121.021  Definitions.--The following words and phrases as
913	used in this chapter have the respective meanings set forth
914	unless a different meaning is plainly required by the context:
915	(22)  "Compensation" means the monthly salary paid a member
916	by his or her employer for work performed arising from that
917	employment.
918	(b)  Under no circumstances shall compensation include:
919	1.  Fees paid professional persons for special or
920	particular services or include salary payments made from a
921	faculty practice plan authorized by the Board of Governors of
922	the State University System operated by rule of the Board of
923	Regents for eligible clinical faculty at a state university with
924	a faculty practice plan the University of Florida and the
925	University of South Florida; or
926	2.  Any bonuses or other payments prohibited from inclusion
927	in the member's average final compensation and defined in
928	subsection (47).
929	Section 16.  Paragraphs (b) and (d) of subsection (2) and
930	paragraphs (a) and (b) of subsection (6) of section 121.35,
931	Florida Statutes, are amended to read:
932	121.35  Optional retirement program for the State
933	University System.--
934	(2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.--
935	(b)  For purposes of this section, both the appointees and
936	employees are referred to as "employees," and the "employer" of
937	an appointee or employee is the individual institution within
938	the State University System or the Board of Governors of the
939	State University System State Board of Education, whichever is
940	appropriate with respect to the particular employee or
941	appointee.
942	(d)  For purposes of this section, the authority granted to
943	the Board of Governors of the State University System State
944	Board of Education may be exercised by the Board of Governors or
945	by the Chancellor of the State University System Division of
946	Colleges and Universities.
947	(6)  ADMINISTRATION OF PROGRAM.--
948	(a)  The optional retirement program authorized by this
949	section shall be administered by the department. The department
950	shall adopt rules establishing the responsibilities of the State
951	Board of Education and institutions in the State University
952	System in administering the optional retirement program. The
953	Board of Regents State Board of Education shall, no more than 90
954	days after July 1, 1983, submit to the department its
955	recommendations for the contracts to be offered by the companies
956	chosen by the department. Effective July 1, 2001, the State
957	Board of Education shall submit to the department its
958	recommendations for the contracts to be offered by the companies
959	chosen by the department. Effective July 1, 2007, the Board of
960	Governors of the State University System shall submit
961	recommendations on contracts within 90 days after request by the
962	department. The recommendations of the board shall include the
963	following:
964	1.  The nature and extent of the rights and benefits in
965	relation to the required contributions; and
966	2.  The suitability of the rights and benefits to the needs
967	of the participants and the interests of the institutions in the
968	recruitment and retention of eligible employees.
969	(b)  After receiving and considering the recommendations of
970	the Board of Governors of the State University System State
971	Board of Education, the department shall designate no more than
972	five companies from which contracts may be purchased under the
973	program and shall approve the form and content of the optional
974	retirement program contracts. Any domestic company that has been
975	designated as of July 1, 2005, shall be included in the five
976	companies until expiration of its existing contract with the
977	department. The domestic company may assign its contract with
978	the department to an affiliated qualified company that is wholly
979	owned by the domestic company's parent company and has assumed
980	100 percent of the responsibility for the contracts purchased
981	from the domestic company.
982	Section 17.  Subsection (1) of section 159.703, Florida
983	Statutes, is amended to read:
984	159.703  Creation of research and development
985	authorities.--
986	(1)  Subject to the provisions of this part, each county or
987	group of counties may create by ordinance a local governmental
988	body as a public body corporate and politic to be known as
989	"_____ Research and Development Authority," hereafter referred
990	to as "authority" or "authorities." Each of the authorities is
991	constituted as a public instrumentality for the purposes of
992	development, operation, management, and financing of a research
993	and development park, and the exercise by an authority of the
994	powers conferred by ss. 159.701-159.7095 shall be deemed and
995	held to be the performance of an essential public purpose and
996	function. However, no authority created on or after July 1, 2007
997	July 7, 1988, shall transact any business or exercise any power
998	hereunder until and unless the Board of Governors of the State
999	University System Board of Regents has designated the authority
1000	pursuant to the requirements of s. 159.704.
1001	Section 18.  Subsections (1) and (3) of section 159.704,
1002	Florida Statutes, are amended to read:
1003	159.704  Designation by Board of Governors of the State
1004	University System Board of Regents; procedure.--
1005	(1)  The authority shall prepare and submit to the Board of
1006	Governors of the State University System Board of Regents a
1007	petition requesting that the authority be designated a research
1008	and development authority.
1009	(3)  Upon approval of the petition and designation as a
1010	research and development authority by the Board of Governors of
1011	the State University System Board of Regents, the authority
1012	shall be empowered to transact any business and exercise any
1013	power authorized by ss. 159.701-159.7095 for the purposes set
1014	out in such sections.
1015	Section 19.  Section 159.706, Florida Statutes, is amended
1016	to read:
1017	159.706  Grandfather clause.--Each county designated as a
1018	research and development authority on June 30, 1979, or
1019	designated by the Board of Regents as a research and development
1020	authority prior to July 1, 2001, shall be entitled to continue
1021	to be designated and shall be accorded all powers conferred to
1022	designated authorities by ss. 159.701-159.7095, except that any
1023	authority not constituted and designated under the provisions of
1024	ss. 159.701-159.7095 shall be prohibited from exercising any
1025	power to issue revenue bonds or other debt obligations pursuant
1026	to s. 159.705(6) and (7).
1027	Section 20.  Paragraph (b) of subsection (2) of section
1028	211.3103, Florida Statutes, is amended to read:
1029	211.3103  Levy of tax on severance of phosphate rock; rate,
1030	basis, and distribution of tax.--
1031	(2)  Beginning July 1, 2003, the proceeds of all taxes,
1032	interest, and penalties imposed under this section shall be paid
1033	into the State Treasury as follows:
1034	(b)  The remaining revenues collected from the tax during
1035	that fiscal year, after the required payment under paragraph
1036	(a), shall be paid into the State Treasury as follows:
1037	1.  For payment to counties in proportion to the number of
1038	tons of phosphate rock produced from a phosphate rock matrix
1039	located within such political boundary, 18.75 percent. The
1040	department shall distribute this portion of the proceeds
1041	annually based on production information reported by the
1042	producers on the annual returns for the taxable year. Any such
1043	proceeds received by a county shall be used only for phosphate-
1044	related expenses.
1045	2.  For payment to counties that have been designated a
1046	rural area of critical economic concern pursuant to s. 288.0656
1047	in proportion to the number of tons of phosphate rock produced
1048	from a phosphate rock matrix located within such political
1049	boundary, 15 percent. The department shall distribute this
1050	portion of the proceeds annually based on production information
1051	reported by the producers on the annual returns for the taxable
1052	year.
1053	3.  To the credit of the Phosphate Research Trust Fund in
1054	the Department of Education, Division of Universities, 11.25
1055	percent.
1056	4.  To the credit of the Minerals Trust Fund, 11.25
1057	percent.
1058	5.  To the credit of the Nonmandatory Land Reclamation
1059	Trust Fund, 43.75 percent.
1060	Section 21.  Subsection (2) of section 215.16, Florida
1061	Statutes, is amended to read:
1062	215.16  Appropriations from General Revenue Fund for public
1063	schools, state institutions of higher learning, and community
1064	colleges; reduction.--
1065	(2)  If the state appropriations from the General Revenue
1066	Fund for the benefit of the uniform system of public free
1067	schools, state institutions of higher learning, and community
1068	colleges cannot be paid in full during any given year, they
1069	shall be diminished only in the same proportion that
1070	appropriations for all other purposes from the General Revenue
1071	Fund are diminished during such year. Additionally, any funding
1072	reductions to public free schools, state institutions of higher
1073	learning, and community colleges shall be diminished in
1074	proportions identical to one another. For the purpose of
1075	implementing this section, general revenue funds exclude the
1076	administrative budgets of the Board of Governors and the
1077	Department of Education. provided for public free schools, state
1078	institutions of higher learning, and community colleges shall be
1079	restricted to general revenue funds appropriated for the
1080	Division of Public Schools and Community Education, the Division
1081	of Workforce Development, the Division of Universities,
1082	excluding the general office of the Board of Regents, and the
1083	Division of Community Colleges, excluding the division office.
1084	Section 22.  Paragraph (b) of subsection (2) of section
1085	215.32, Florida Statutes, is amended to read:
1086	215.32  State funds; segregation.--
1087	(2)  The source and use of each of these funds shall be as
1088	follows:
1089	(b)1.  The trust funds shall consist of moneys received by
1090	the state which under law or under trust agreement are
1091	segregated for a purpose authorized by law. The state agency or
1092	branch of state government receiving or collecting such moneys
1093	shall be responsible for their proper expenditure as provided by
1094	law. Upon the request of the state agency or branch of state
1095	government responsible for the administration of the trust fund,
1096	the Chief Financial Officer may establish accounts within the
1097	trust fund at a level considered necessary for proper
1098	accountability. Once an account is established within a trust
1099	fund, the Chief Financial Officer may authorize payment from
1100	that account only upon determining that there is sufficient cash
1101	and releases at the level of the account.
1102	2.  In addition to other trust funds created by law, to the
1103	extent possible, each agency shall use the following trust funds
1104	as described in this subparagraph for day-to-day operations:
1105	a.  Operations or operating trust fund, for use as a
1106	depository for funds to be used for program operations funded by
1107	program revenues, with the exception of administrative
1108	activities when the operations or operating trust fund is a
1109	proprietary fund.
1110	b.  Operations and maintenance trust fund, for use as a
1111	depository for client services funded by third-party payors.
1112	c.  Administrative trust fund, for use as a depository for
1113	funds to be used for management activities that are departmental
1114	in nature and funded by indirect cost earnings and assessments
1115	against trust funds. Proprietary funds are excluded from the
1116	requirement of using an administrative trust fund.
1117	d.  Grants and donations trust fund, for use as a
1118	depository for funds to be used for allowable grant or donor
1119	agreement activities funded by restricted contractual revenue
1120	from private and public nonfederal sources.
1121	e.  Agency working capital trust fund, for use as a
1122	depository for funds to be used pursuant to s. 216.272.
1123	f.  Clearing funds trust fund, for use as a depository for
1124	funds to account for collections pending distribution to lawful
1125	recipients.
1126	g.  Federal grant trust fund, for use as a depository for
1127	funds to be used for allowable grant activities funded by
1128	restricted program revenues from federal sources.
1129
1130	To the extent possible, each agency must adjust its internal
1131	accounting to use existing trust funds consistent with the
1132	requirements of this subparagraph. If an agency does not have
1133	trust funds listed in this subparagraph and cannot make such
1134	adjustment, the agency must recommend the creation of the
1135	necessary trust funds to the Legislature no later than the next
1136	scheduled review of the agency's trust funds pursuant to s.
1137	215.3206.
1138	3.  All such moneys are hereby appropriated to be expended
1139	in accordance with the law or trust agreement under which they
1140	were received, subject always to the provisions of chapter 216
1141	relating to the appropriation of funds and to the applicable
1142	laws relating to the deposit or expenditure of moneys in the
1143	State Treasury.
1144	4.a.  Notwithstanding any provision of law restricting the
1145	use of trust funds to specific purposes, unappropriated cash
1146	balances from selected trust funds may be authorized by the
1147	Legislature for transfer to the Budget Stabilization Fund and
1148	General Revenue Fund in the General Appropriations Act.
1149	b.  This subparagraph does not apply to trust funds
1150	required by federal programs or mandates; trust funds
1151	established for bond covenants, indentures, or resolutions whose
1152	revenues are legally pledged by the state or public body to meet
1153	debt service or other financial requirements of any debt
1154	obligations of the state or any public body; the State
1155	Transportation Trust Fund; the trust fund containing the net
1156	annual proceeds from the Florida Education Lotteries; the
1157	Florida Retirement System Trust Fund; trust funds under the
1158	management of the State Board of Education or the Board of
1159	Governors of the State University System, where such trust funds
1160	are for auxiliary enterprises, self-insurance, and contracts,
1161	grants, and donations, as those terms are defined by general
1162	law; trust funds that serve as clearing funds or accounts for
1163	the Chief Financial Officer or state agencies; trust funds that
1164	account for assets held by the state in a trustee capacity as an
1165	agent or fiduciary for individuals, private organizations, or
1166	other governmental units; and other trust funds authorized by
1167	the State Constitution.
1168	Section 23.  Subsection (4) of section 215.559, Florida
1169	Statutes, is amended to read:
1170	215.559  Hurricane Loss Mitigation Program.--
1171	(4)  Of moneys provided to the Department of Community
1172	Affairs in paragraph (2)(a), 10 percent shall be allocated to
1173	the Florida International University a Type I center within the
1174	State University System dedicated to hurricane research. The
1175	Type I center shall develop a preliminary work plan approved by
1176	the advisory council set forth in subsection (5) (6) to
1177	eliminate the state and local barriers to upgrading existing
1178	mobile homes and communities, research and develop a program for
1179	the recycling of existing older mobile homes, and support
1180	programs of research and development relating to hurricane loss
1181	reduction devices and techniques for site-built residences. The
1182	State University System also shall consult with the Department
1183	of Community Affairs and assist the department with the report
1184	required under subsection (7) (8).
1185	Section 24.  Subsection (2) of section 215.82, Florida
1186	Statutes, is amended to read:
1187	215.82  Validation; when required.--
1188	(2)  Any bonds issued pursuant to this act which are
1189	validated shall be validated in the manner provided by chapter
1190	75. In actions to validate bonds to be issued in the name of the
1191	State Board of Education under s. 9(a) and (d), Art. XII of the
1192	State Constitution and bonds to be issued pursuant to chapter
1193	259, the Land Conservation Act of 1972, the complaint shall be
1194	filed in the circuit court of the county where the seat of state
1195	government is situated, the notice required to be published by
1196	s. 75.06 shall be published only in the county where the
1197	complaint is filed, and the complaint and order of the circuit
1198	court shall be served only on the state attorney of the circuit
1199	in which the action is pending. In any action to validate bonds
1200	issued pursuant to s. 1010.62 ss. 1010.61-1010.619 or issued
1201	pursuant to s. 9(a)(1), Art. XII of the State Constitution or
1202	issued pursuant to s. 215.605 or s. 338.227, the complaint shall
1203	be filed in the circuit court of the county where the seat of
1204	state government is situated, the notice required to be
1205	published by s. 75.06 shall be published in a newspaper of
1206	general circulation in the county where the complaint is filed
1207	and in two other newspapers of general circulation in the state,
1208	and the complaint and order of the circuit court shall be served
1209	only on the state attorney of the circuit in which the action is
1210	pending; provided, however, that if publication of notice
1211	pursuant to this section would require publication in more
1212	newspapers than would publication pursuant to s. 75.06, such
1213	publication shall be made pursuant to s. 75.06.
1214	Section 25.  Subsection (1) of section 216.0152, Florida
1215	Statutes, is amended to read:
1216	216.0152  Inventory of state-owned facilities or state-
1217	occupied facilities.--
1218	(1)  The Department of Management Services shall develop
1219	and maintain an automated inventory of all facilities owned,
1220	leased, rented, or otherwise occupied or maintained by any
1221	agency of the state or by the judicial branch, except those with
1222	less than 3,000 square feet. The inventory shall include the
1223	location, occupying agency, ownership, size, condition
1224	assessment, maintenance record, age, parking and employee
1225	facilities, and other information as required by the department
1226	for determining maintenance needs and life-cycle cost
1227	evaluations of the facility. The inventory need not include a
1228	condition assessment or maintenance record of facilities not
1229	owned by a state agency or by the judicial branch. The term
1230	"facility," as used in this section, means buildings,
1231	structures, and building systems, but does not include
1232	transportation facilities of the state transportation system.
1233	The Department of Transportation shall develop and maintain an
1234	inventory of transportation facilities of the state
1235	transportation system. The Board of Governors of the State
1236	University System and Regents and the Division of Community
1237	Colleges of the Department of Education, respectively, shall
1238	develop and maintain an inventory, in the manner prescribed by
1239	the Department of Management Services, of all state university
1240	and community college higher education facilities and shall make
1241	the data available in a format acceptable to the Department of
1242	Management Services.
1243	Section 26.  Paragraph (a) of subsection (2) of section
1244	216.251, Florida Statutes, is amended to read:
1245	216.251  Salary appropriations; limitations.--
1246	(2)(a)  The salary for each position not specifically
1247	indicated in the appropriations acts shall be as provided in one
1248	of the following subparagraphs:
1249	1.  Within the classification and pay plans provided for in
1250	chapter 110.
1251	2.  Within the classification and pay plans established by
1252	the Board of Trustees for the Florida School for the Deaf and
1253	the Blind of the Department of Education and approved by the
1254	State Board of Education for academic and academic
1255	administrative personnel.
1256	3.  Within the classification and pay plan approved and
1257	administered by the State Board of Education and the Board of
1258	Governors, or the designee of the board, for those positions in
1259	the State University System.
1260	4.  Within the classification and pay plan approved by the
1261	President of the Senate and the Speaker of the House of
1262	Representatives, as the case may be, for employees of the
1263	Legislature.
1264	5.  Within the approved classification and pay plan for the
1265	judicial branch.
1266	Section 27.  Paragraph (c) of subsection (2) and paragraph
1267	(c) of subsection (4) of section 220.15, Florida Statutes, are
1268	amended to read:
1269	220.15  Apportionment of adjusted federal income.--
1270	(2)  The property factor is a fraction the numerator of
1271	which is the average value of the taxpayer's real and tangible
1272	personal property owned or rented and used in this state during
1273	the taxable year or period and the denominator of which is the
1274	average value of such property owned or rented and used
1275	everywhere.
1276	(c)  The property factor fraction shall not include any
1277	real or tangible personal property located in this state with
1278	respect to which it is certified to the Department of Revenue
1279	that such property is dedicated exclusively to research and
1280	development activities performed pursuant to sponsored research
1281	contracts conducted in conjunction with and through a university
1282	that is a member of the State University System or a nonpublic
1283	university that is chartered in Florida and conducts graduate
1284	programs at the professional or doctoral level. The Board of
1285	Governors of the State University System Board of Regents must
1286	certify the contracts for members of the State University
1287	System, and the president of the university must certify the
1288	contracts for a nonpublic university. As used in this paragraph,
1289	"sponsored research contract" means an agreement executed by
1290	parties that include at least the university and the taxpayer.
1291	Funding for sponsored research contracts may be provided from
1292	public or private sources.
1293	(4)  The payroll factor is a fraction the numerator of
1294	which is the total amount paid in this state during the taxable
1295	year or period by the taxpayer for compensation and the
1296	denominator of which is the total compensation paid everywhere
1297	during the taxable year or period.
1298	(c)  The payroll factor fraction shall not include any
1299	compensation paid to any employee located in this state when it
1300	is certified to the Department of Revenue that such compensation
1301	was paid to employees dedicated exclusively to research and
1302	development activities performed pursuant to sponsored research
1303	contracts conducted in conjunction with and through a university
1304	that is a member of the State University System or a nonpublic
1305	university that is chartered in Florida and conducts graduate
1306	programs at the professional or doctoral level. The Board of
1307	Governors of the State University System Board of Regents must
1308	certify the contracts for members of the State University
1309	System, and the president of the university must certify the
1310	contracts for a nonpublic university. As used in this paragraph,
1311	"sponsored research contract" means an agreement executed by
1312	parties that include at least the university and the taxpayer.
1313	Funding for sponsored research contracts may be provided from
1314	public or private sources.
1315	Section 28.  Subsection (7) of section 250.10, Florida
1316	Statutes, is amended to read:
1317	250.10  Appointment and duties of the Adjutant General.--
1318	(7)  The Adjutant General, the Board of Governors of the
1319	State University System, and the State Board of Education shall
1320	develop education assistance programs for members in good
1321	standing of the active Florida National Guard who enroll in a
1322	public institution of higher learning in the state.
1323	(a)  The programs shall set forth application requirements,
1324	including, but not limited to, requirements that the applicant:
1325	1.  Be 17 years of age or older.
1326	2.  Be presently domiciled in the state.
1327	3.  Be a member in good standing in the active Florida
1328	National Guard at the beginning of and throughout the entire
1329	academic term for which benefits are received.
1330	4.  Maintain continuous satisfactory participation in the
1331	active Florida National Guard for any school term for which
1332	exemption benefits are received.
1333	5.  Upon enrollment in a program specified in subsection
1334	(8) or subsection (9), complete a memorandum of agreement to
1335	comply with the rules of the program and serve in the active
1336	Florida National Guard for 3 years after completion of the
1337	studies for which an exemption is granted or tuition and fees
1338	are paid.
1339	(b)  The programs shall define those members of the active
1340	Florida National Guard who are ineligible to participate in the
1341	program and those courses of study which are not authorized for
1342	the program.
1343	1.  Such members include, but are not limited to:
1344	a.  Any member, commissioned officer, warrant officer, or
1345	enlisted person who has a baccalaureate degree.
1346	b.  Any member who has 15 years or more of total military
1347	service creditable toward retirement.
1348	c.  Any member who has not completed basic military
1349	training.
1350	2.  Courses not authorized include noncredit courses,
1351	courses that do not meet degree requirements, or courses that do
1352	not meet requirements for completion of career training.
1353	(c)  The Adjutant General, together with the Board of
1354	Governors of the State University System and the State Board of
1355	Education, shall adopt rules for the overall policy, guidance,
1356	administration, implementation, and proper utilization of the
1357	program. Such rules must include, but not be limited to,
1358	guidelines for certification by the Adjutant General of a guard
1359	member's eligibility, procedures for notification to an
1360	institution of a guard member's termination of eligibility, and
1361	procedures for restitution when a guard member fails to comply
1362	with the penalties described in this section.
1363	Section 29.  Section 253.381, Florida Statutes, is amended
1364	to read:
1365	253.381  Unsurveyed marshlands; sale to upland owners.--The
1366	Board of Trustees of the Internal Improvement Trust Fund of the
1367	state is and the State Board of Education are hereby authorized
1368	to make sales of unsurveyed marshlands to record owners of
1369	uplands which have been surveyed by the United States, and to
1370	make equitable divisions of unsurveyed marsh areas and
1371	allocations of the same for sales with due respect to upland
1372	ownership, sales heretofore made, natural divisions of the
1373	unsurveyed marshes which are indicated by the general courses of
1374	water channels within or across the unsurveyed marshes and to
1375	other topographical features of the affected areas.
1376	Section 30.  Section 255.02, Florida Statutes, is amended
1377	to read:
1378	255.02  Boards authorized to replace buildings destroyed by
1379	fire.--The Department of Management Services, the Board of
1380	Regents of the Department of Education, or any other board or
1381	person having the direct supervision and control of any state
1382	building or state property, may have rebuilt or replaced, out of
1383	the proceeds from the fire insurance on such buildings or
1384	property, any buildings or property owned by the state, which
1385	may be destroyed in whole or in part by fire.
1386	Section 31.  Subsection (2) of section 255.043, Florida
1387	Statutes, is amended to read:
1388	255.043  Art in state buildings.--
1389	(2)  The Department of Management Services, the Board of
1390	Regents, or other state agencies receiving appropriations for
1391	original constructions shall notify the Florida Arts Council and
1392	the user agency of any construction project which is eligible
1393	under the provisions of this section. The Department of
1394	Management Services, the Board of Regents, or other state agency
1395	shall determine the amount to be made available for purchase or
1396	commission of works of art for each project and shall report
1397	these amounts to the Florida Arts Council and the user agency.
1398	Payments therefor shall be made from funds appropriated for
1399	fixed capital outlay according to law.
1400	Section 32.  Subsection (2) of section 255.102, Florida
1401	Statutes, is amended to read:
1402	255.102  Contractor utilization of minority business
1403	enterprises.--
1404	(2)  The Office of Supplier Diversity, in collaboration
1405	with the Board of Governors of the State University System,
1406	shall adopt rules to determine what is a "good faith effort" for
1407	purposes of contractor compliance with minority participation
1408	goals established for competitively awarded building and
1409	construction projects. Pro forma efforts shall not be considered
1410	good faith. Factors which shall be considered by the state
1411	agency in determining whether a contractor has made good faith
1412	efforts shall include, but not be limited to:
1413	(a)  Whether the contractor attended any presolicitation or
1414	prebid meetings that were scheduled by the agency to inform
1415	minority business enterprises of contracting and subcontracting
1416	opportunities.
1417	(b)  Whether the contractor advertised in general
1418	circulation, trade association, or minority-focus media
1419	concerning the subcontracting opportunities.
1420	(c)  Whether the contractor provided written notice to all
1421	relevant subcontractors listed on the minority vendor list for
1422	that locality and statewide as provided by the agency as of the
1423	date of issuance of the invitation to bid, that their interest
1424	in the contract was being solicited in sufficient time to allow
1425	the minority business enterprises to participate effectively.
1426	(d)  Whether the contractor followed up initial
1427	solicitations of interest by contacting minority business
1428	enterprises, the Office of Supplier Diversity, or minority
1429	persons who responded and provided detailed information about
1430	prebid meetings, access to plans, specifications, contractor's
1431	project manager, subcontractor bonding, if any, payment
1432	schedule, bid addenda, and other assistance provided by the
1433	contractor to enhance minority business enterprise
1434	participation.
1435	(e)  Whether the contractor selected portions of the work
1436	to be performed by minority business enterprises in order to
1437	increase the likelihood of meeting the minority business
1438	enterprise procurement goals, including, where appropriate,
1439	breaking down contracts into economically feasible units to
1440	facilitate minority business enterprise participation under
1441	reasonable and economical conditions of performance.
1442	(f)  Whether the contractor provided the Office of Supplier
1443	Diversity as well as interested minority business enterprises or
1444	minority persons with adequate information about the plans,
1445	specifications, and requirements of the contract or the
1446	availability of jobs at a time no later than when such
1447	information was provided to other subcontractors.
1448	(g)  Whether the contractor negotiated in good faith with
1449	interested minority business enterprises or minority persons,
1450	not rejecting minority business enterprises or minority persons
1451	as unqualified without sound reasons based on a thorough
1452	investigation of their capabilities or imposing implausible
1453	conditions of performance on the contract.
1454	(h)  Whether the contractor diligently seeks to replace a
1455	minority business enterprise subcontractor that is unable to
1456	perform successfully with another minority business enterprise.
1457	(i)  Whether the contractor effectively used the services
1458	of available minority community organizations; minority
1459	contractors' groups; local, state, and federal minority business
1460	assistance offices; and other organizations that provide
1461	assistance in the recruitment and placement of minority business
1462	enterprises or minority persons.
1463	Section 33.  Subsection (23) of section 280.02, Florida
1464	Statutes, is amended to read:
1465	280.02  Definitions.--As used in this chapter, the term:
1466	(23)  "Public deposit" means the moneys of the state or of
1467	any state university, county, school district, community college
1468	district, special district, metropolitan government, or
1469	municipality, including agencies, boards, bureaus, commissions,
1470	and institutions of any of the foregoing, or of any court, and
1471	includes the moneys of all county officers, including
1472	constitutional officers, that are placed on deposit in a bank,
1473	savings bank, or savings association and for which the bank,
1474	savings bank, or savings association is required to maintain
1475	reserves. This includes, but is not limited to, time deposit
1476	accounts, demand deposit accounts, and nonnegotiable
1477	certificates of deposit. Moneys in deposit notes and in other
1478	nondeposit accounts such as repurchase or reverse repurchase
1479	operations are not public deposits. Securities, mutual funds,
1480	and similar types of investments are not considered public
1481	deposits and shall not be subject to the provisions of this
1482	chapter.
1483	Section 34.  Section 286.001, Florida Statutes, is amended
1484	to read:
1485	286.001  Reports statutorily required; filing, maintenance,
1486	retrieval, and provision of copies.--
1487	(1)  Unless otherwise specifically provided by law, any
1488	agency or officer of the executive, legislative, or judicial
1489	branches of state government, the State Board of Education, the
1490	Board of Governors of the State University System Community
1491	Colleges, the Board of Regents, or the Public Service Commission
1492	required or authorized by law to make reports regularly or
1493	periodically shall fulfill such requirement by filing an
1494	abstract of the report with the statutorily or administratively
1495	designated recipients of the report and an abstract and one copy
1496	of the report with the Division of Library and Information
1497	Services of the Department of State, unless the head of the
1498	reporting entity makes a determination that the additional cost
1499	of providing the entire report to the statutorily or
1500	administratively designated recipients is justified. A one-page
1501	summary justifying the determination shall be submitted to the
1502	chairs of the governmental operations committees of both houses
1503	of the Legislature. The abstract of the contents of such report
1504	shall be no more than one-half page in length. The actual report
1505	shall be retained by the reporting agency or officer, and copies
1506	of the report shall be provided to interested parties and the
1507	statutorily or administratively designated recipients of the
1508	report upon request.
1509	(2)  With respect to reports statutorily required of
1510	agencies or officers within the executive, legislative, or
1511	judicial branches of state government, the State Board of
1512	Education, the Board of Governors of the State University System
1513	Community Colleges, the Board of Regents, or the Public Service
1514	Commission, it is the duty of the division, in addition to its
1515	duties under s. 257.05, to:
1516	(a)  Regularly compile and update bibliographic information
1517	on such reports for distribution as provided in paragraph (b).
1518	Such bibliographic information may be included in the
1519	bibliographies prepared by the division pursuant to s.
1520	257.05(3)(c).
1521	(b)  Provide for at least quarterly distribution of
1522	bibliographic information on reports to:
1523	1.  Agencies and officers within the executive,
1524	legislative, and judicial branches of state government, the
1525	State Board of Education, the Board of Governors of the State
1526	University System Community Colleges, the Board of Regents, and
1527	the Public Service Commission, free of charge; and
1528	2.  Other interested parties upon request properly made and
1529	upon payment of the actual cost of duplication pursuant to s.
1530	119.07(1).
1531	(3)  As soon as practicable, the administrative head of
1532	each executive, legislative, or judicial agency and each agency
1533	of the State Board of Education, the Board of Governors of the
1534	State University System Community Colleges, the Board of
1535	Regents, and the Public Service Commission required by law to
1536	make reports periodically shall ensure that those reports are
1537	created, stored, managed, updated, retrieved, and disseminated
1538	through electronic means.
1539	(4)  Nothing in this section shall be construed to waive or
1540	modify the requirement in s. 257.05(2) pertaining to the
1541	provision of copies of public documents to the division.
1542	Section 35.  Subsection (1) of section 287.064, Florida
1543	Statutes, is amended to read:
1544	287.064  Consolidated financing of deferred-payment
1545	purchases.--
1546	(1)  The Division of Bond Finance of the State Board of
1547	Administration and the Chief Financial Officer shall plan and
1548	coordinate deferred-payment purchases made by or on behalf of
1549	the state or its agencies or by or on behalf of state
1550	universities or state community colleges participating under
1551	this section pursuant to s. 1001.74(6) s. 1001.74(5) or s.
1552	1001.64(26), respectively. The Division of Bond Finance shall
1553	negotiate and the Chief Financial Officer shall execute
1554	agreements and contracts to establish master equipment financing
1555	agreements for consolidated financing of deferred-payment,
1556	installment sale, or lease purchases with a financial
1557	institution or a consortium of financial institutions. As used
1558	in this act, the term "deferred-payment" includes installment
1559	sale and lease-purchase.
1560	(a)  The period during which equipment may be acquired
1561	under any one master equipment financing agreement shall be
1562	limited to not more than 3 years.
1563	(b)  Repayment of the whole or a part of the funds drawn
1564	pursuant to the master equipment financing agreement may
1565	continue beyond the period established pursuant to paragraph
1566	(a).
1567	(c)  The interest rate component of any master equipment
1568	financing agreement shall be deemed to comply with the interest
1569	rate limitation imposed in s. 287.063 so long as the interest
1570	rate component of every interagency, state university, or
1571	community college agreement entered into under such master
1572	equipment financing agreement complies with the interest rate
1573	limitation imposed in s. 287.063. Such interest rate limitation
1574	does not apply when the payment obligation under the master
1575	equipment financing agreement is rated by a nationally
1576	recognized rating service in any one of the three highest
1577	classifications, which rating services and classifications are
1578	determined pursuant to rules adopted by the Chief Financial
1579	Officer.
1580	Section 36.  Subsection (1) of section 287.155, Florida
1581	Statutes, is amended to read:
1582	287.155  Motor vehicles; purchase by Division of
1583	Universities, Department of Children and Family Services, Agency
1584	for Persons with Disabilities, Department of Health, Department
1585	of Juvenile Justice, and Department of Corrections.--
1586	(1)  The Division of Universities of the Department of
1587	Education, the Department of Children and Family Services, the
1588	Agency for Persons with Disabilities, the Department of Health,
1589	the Department of Juvenile Justice, and the Department of
1590	Corrections may, subject to the approval of the Department of
1591	Management Services, purchase automobiles, trucks, tractors, and
1592	other automotive equipment for the use of institutions under the
1593	management of the Division of Universities, the Department of
1594	Children and Family Services, the Agency for Persons with
1595	Disabilities, the Department of Health, and the Department of
1596	Corrections, and for the use of residential facilities managed
1597	or contracted by the Department of Juvenile Justice.
1598	Section 37.  Paragraph (d) of subsection (5) of section
1599	288.15, Florida Statutes, is amended to read:
1600	288.15  Powers of Division of Bond Finance.--There is
1601	hereby granted to and vested in the Division of Bond Finance of
1602	the State Board of Administration the power, right, franchise,
1603	and authority:
1604	(5)  In order to carry out the objectives and purposes of
1605	this chapter, the division is authorized to acquire, own,
1606	construct, operate, maintain, improve, and extend public
1607	buildings, facilities, or works within the state which are of
1608	the character hereinafter specifically mentioned. All public
1609	buildings, facilities, and works which the division is
1610	authorized to own, construct, operate, and maintain must be such
1611	as can ultimately be owned and operated by an agency,
1612	department, board, bureau, or commission of the state. All or
1613	any such buildings, facilities, or works may be of a revenue-
1614	producing character in order that the cost of the same or some
1615	part of improvements or extensions thereto may be paid from
1616	receipts therefrom, including in Tallahassee only rentals,
1617	leases, and sales to both public and nonpublic agencies through
1618	the issue and sales or disposition of revenue bonds, notes, or
1619	certificates of the division. The buildings, facilities, and
1620	works which the division is hereby authorized to acquire,
1621	construct, operate, maintain, improve, and extend are:
1622	(d)  Public buildings, facilities, and additions or
1623	improvements to existing buildings and facilities for ultimate
1624	use in connection with any of the several state institutions,
1625	departments, bureaus, boards, or commissions; and, in
1626	furtherance of this paragraph, the Department of Management
1627	Services, the Board of Governors of the State University System,
1628	and the State Board of Education are authorized to cooperate
1629	with the Division of Bond Finance and to do and perform all acts
1630	and things necessary thereto. Any property acquired by the
1631	Division of Bond Finance under the provisions of this chapter
1632	may ultimately be conveyed to the state free and clear of all
1633	debt or other encumbrance.
1634	Section 38.  Section 288.17, Florida Statutes, is amended
1635	to read:
1636	288.17  Revenue certificates.--The Division of Bond Finance
1637	of the State Board of Administration is authorized to issue
1638	interest-bearing revenue certificates for construction of all
1639	state buildings approved by the Legislature in its appropriation
1640	acts and requested by the Department of Management Services or
1641	by the Board of Governors of the State University System Board
1642	of Regents.
1643	Section 39.  Section 288.705, Florida Statutes, is amended
1644	to read:
1645	288.705  Statewide contracts register.--All state agencies
1646	shall in a timely manner provide the Florida Small Business
1647	Development Center Procurement System, a Type I center of the
1648	State University System funded as provided in Pub. L. No. 96-
1649	302, as amended, with all formal solicitations for contractual
1650	services, supplies, and commodities. The Small Business
1651	Development Center shall coordinate with Minority Business
1652	Development Centers to compile and distribute such information
1653	to Florida small and minority businesses requesting such service
1654	for the period of time necessary to familiarize the business
1655	with the market represented by state agencies. On or before
1656	February 1 of each year, the Small Business Development Center
1657	shall report to the Department of Labor and Employment Security
1658	on utilization of the statewide contracts register. Such report
1659	shall include, but not be limited to, information relating to:
1660	(1)  The total number of solicitations received from state
1661	agencies during the calendar year.
1662	(2)  The number of solicitations received from each state
1663	agency during the calendar year.
1664	(3)  The method of distributing solicitation information to
1665	those businesses requesting such service.
1666	(4)  The total number of businesses using the service.
1667	(5)  The percentage of businesses using the service which
1668	are owned and controlled by minorities.
1669	Section 40.  Subsection (7) of section 288.7091, Florida
1670	Statutes, is amended to read:
1671	288.7091  Duties of the Florida Black Business Investment
1672	Board, Inc.--The Florida Black Business Investment Board, Inc.,
1673	shall:
1674	(7)  Develop memoranda of understanding with the
1675	Departments of Education, Transportation, Community Affairs, and
1676	Management Services, as well as with Workforce Florida, Inc.,
1677	the Board of Governors of the State University System, and the
1678	State Board of Education, detailing efforts of common interest
1679	and collaborations to expand black business development;
1680	Section 41.  Subsection (3) of section 288.8175, Florida
1681	Statutes, is amended to read:
1682	288.8175  Linkage institutes between postsecondary
1683	institutions in this state and foreign countries.--
1684	(3)  Each institute must be governed by an agreement,
1685	approved by the department, between the Board of Governors of
1686	the State University System for a state university and the State
1687	Board of Education for a community college Florida Community
1688	College System with the counterpart organization in a foreign
1689	country. Each institute must report to the department regarding
1690	its program activities, expenditures, and policies.
1691	Section 42.  Paragraph (a) of subsection (4) of section
1692	295.07, Florida Statutes, is amended to read:
1693	295.07  Preference in appointment and retention.--
1694	(4)  The following positions are exempt from this section:
1695	(a)  Those positions that are exempt from the state Career
1696	Service System under s. 110.205(2); however, all positions under
1697	the University Support Personnel System of the State University
1698	System as well as all Career Service System positions under the
1699	Florida Community College System and the School for the Deaf and
1700	the Blind, or the equivalent of such positions at state
1701	universities, community colleges, or the School for the Deaf and
1702	the Blind, are included.
1703	Section 43.  Paragraph (b) of subsection (3) of section
1704	320.08058, Florida Statutes, is amended to read:
1705	320.08058  Specialty license plates.--
1706	(3)  COLLEGIATE LICENSE PLATES.--
1707	(b)  A collegiate plate annual use fee is to be distributed
1708	to the state or independent university foundation designated by
1709	the purchaser for deposit in an unrestricted account. The Board
1710	of Governors of the State University System Board of Regents
1711	shall require each state university to submit a plan for
1712	approval of the expenditure of all funds so designated. These
1713	funds may be used only for academic enhancement, including
1714	scholarships and private fundraising activities.
1715	Section 44.  Subsections (1), (3), and (4) of section
1716	334.065, Florida Statutes, are amended to read:
1717	334.065  Center for Urban Transportation Research.--
1718	(1)  There is established at the University of South
1719	Florida the Florida Center for Urban Transportation Research, to
1720	be administered by the Board of Governors Regents of and the
1721	State University System.  The responsibilities of the center
1722	include, but are not limited to, conducting and facilitating
1723	research on issues related to urban transportation problems in
1724	this state and serving as an information exchange and depository
1725	for the most current information pertaining to urban
1726	transportation and related issues.
1727	(3)  An advisory board shall be created to periodically and
1728	objectively review and advise the center concerning its research
1729	program. Except for projects mandated by law, state-funded base
1730	projects shall not be undertaken without approval of the
1731	advisory board. The membership of the board shall consist of
1732	nine experts in transportation-related areas, including the
1733	secretaries of the Florida Departments of Transportation,
1734	Community Affairs, and Environmental Protection, or their
1735	designees, and a member of the Florida Transportation
1736	Commission. The nomination of the remaining members of the board
1737	shall be made to the President of the University of South
1738	Florida by the College of Engineering at the University of South
1739	Florida, and the appointment of these members must be reviewed
1740	and approved by the Florida Transportation Commission and
1741	confirmed by the Board of Governors Regents.
1742	(4)  The center shall develop a budget pursuant to chapter
1743	216. This budget shall be submitted to the Governor along with
1744	the budget of the Board of Governors Regents.
1745	Section 45.  Subsection (3) of section 377.705, Florida
1746	Statutes, is amended to read:
1747	377.705  Solar Energy Center; development of solar energy
1748	standards.--
1749	(3)  DEFINITIONS.--
1750	(a)  "Center" is defined as the Florida Solar Energy Center
1751	of the Board of Governors Regents.
1752	(b)  "Solar energy systems" is defined as equipment which
1753	provides for the collection and use of incident solar energy for
1754	water heating, space heating or cooling, or other applications
1755	which normally require or would require a conventional source of
1756	energy such as petroleum products, natural gas, or electricity
1757	and which performs primarily with solar energy.  In such other
1758	systems in which solar energy is used in a supplemental way,
1759	only those components which collect and transfer solar energy
1760	shall be included in this definition.
1761	Section 46.  Subsection (4) of section 381.79, Florida
1762	Statutes, is amended to read:
1763	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
1764	(4)  The Board of Governors of the State University System
1765	Board of Regents shall establish a program administration
1766	process which shall include: an annual prospective program plan
1767	with goals, research design, proposed outcomes, a proposed
1768	budget, an annual report of research activities and findings,
1769	and an annual end-of-year financial statement. Prospective
1770	program plans shall be submitted to the Board of Governors Board
1771	of Regents, and funds shall be released upon acceptance of the
1772	proposed program plans. The annual report of research activities
1773	and findings shall be submitted to the Board of Governors Board
1774	of Regents, with the executive summaries submitted to the
1775	President of the Senate, the Speaker of the House of
1776	Representatives, and the Secretary of Health.
1777	Section 47.  Subsection (1) of section 388.43, Florida
1778	Statutes, is amended to read:
1779	388.43  Florida Medical Entomology Laboratory.--
1780	(1)  The Florida Medical Entomology Laboratory, located in
1781	Vero Beach, shall be a research and training center for the
1782	state under the supervision of the Board of Governors Regents.
1783	The laboratory shall be an operational unit of the University of
1784	Florida and an integral part of the Institute of Food and
1785	Agricultural Sciences.
1786	Section 48.  Subsection (1) of section 403.073, Florida
1787	Statutes, is amended to read:
1788	403.073  Pollution prevention; state goal; agency programs;
1789	public education.--
1790	(1)  It is a goal of the state that all its agencies, the
1791	State University System, community colleges the State Board of
1792	Community Colleges, and all municipalities, counties, regional
1793	agencies, and special districts develop and implement strategies
1794	to prevent pollution, including public information programs and
1795	education programs.
1796	Section 49.  Subsection (2) of section 403.074, Florida
1797	Statutes, is amended to read:
1798	403.074  Technical assistance by the department.--
1799	(2)  The program shall include onsite, nonregulatory
1800	technical assistance and shall promote and sponsor conferences
1801	on pollution prevention techniques. The program may be conducted
1802	in cooperation with trade associations, trade schools, the State
1803	University System, community colleges the State Board of
1804	Community Colleges, or other appropriate entities.
1805	Section 50.  Paragraph (b) of subsection (1) of section
1806	409.908, Florida Statutes, is amended to read:
1807	409.908  Reimbursement of Medicaid providers.--Subject to
1808	specific appropriations, the agency shall reimburse Medicaid
1809	providers, in accordance with state and federal law, according
1810	to methodologies set forth in the rules of the agency and in
1811	policy manuals and handbooks incorporated by reference therein.
1812	These methodologies may include fee schedules, reimbursement
1813	methods based on cost reporting, negotiated fees, competitive
1814	bidding pursuant to s. 287.057, and other mechanisms the agency
1815	considers efficient and effective for purchasing services or
1816	goods on behalf of recipients. If a provider is reimbursed based
1817	on cost reporting and submits a cost report late and that cost
1818	report would have been used to set a lower reimbursement rate
1819	for a rate semester, then the provider's rate for that semester
1820	shall be retroactively calculated using the new cost report, and
1821	full payment at the recalculated rate shall be effected
1822	retroactively. Medicare-granted extensions for filing cost
1823	reports, if applicable, shall also apply to Medicaid cost
1824	reports. Payment for Medicaid compensable services made on
1825	behalf of Medicaid eligible persons is subject to the
1826	availability of moneys and any limitations or directions
1827	provided for in the General Appropriations Act or chapter 216.
1828	Further, nothing in this section shall be construed to prevent
1829	or limit the agency from adjusting fees, reimbursement rates,
1830	lengths of stay, number of visits, or number of services, or
1831	making any other adjustments necessary to comply with the
1832	availability of moneys and any limitations or directions
1833	provided for in the General Appropriations Act, provided the
1834	adjustment is consistent with legislative intent.
1835	(1)  Reimbursement to hospitals licensed under part I of
1836	chapter 395 must be made prospectively or on the basis of
1837	negotiation.
1838	(b)  Reimbursement for hospital outpatient care is limited
1839	to $1,500 per state fiscal year per recipient, except for:
1840	1.  Such care provided to a Medicaid recipient under age
1841	21, in which case the only limitation is medical necessity.
1842	2.  Renal dialysis services.
1843	3.  Other exceptions made by the agency.
1844
1845	The agency is authorized to receive funds from state entities,
1846	including, but not limited to, the Department of Health, the
1847	Board of Governors of the State University System Board of
1848	Regents, local governments, and other local political
1849	subdivisions, for the purpose of making payments, including
1850	federal matching funds, through the Medicaid outpatient
1851	reimbursement methodologies. Funds received from state entities
1852	and local governments for this purpose shall be separately
1853	accounted for and shall not be commingled with other state or
1854	local funds in any manner.
1855	Section 51.  Paragraph (d) of subsection (2) of section
1856	413.051, Florida Statutes, is amended to read:
1857	413.051  Eligible blind persons; operation of vending
1858	stands.--
1859	(2)  As used in this section, the term:
1860	(d)  "State property" means any building or land owned,
1861	leased, or otherwise controlled by the state, but does not
1862	include any building or land under the control of a state
1863	university board of trustees the Board of Regents, a community
1864	college district board of trustees, or any state correctional
1865	institution as defined in s. 944.02.
1866	Section 52.  Subsection (2) and (10) of section 447.203,
1867	Florida Statutes, are amended to read:
1868	447.203  Definitions.--As used in this part:
1869	(2)  "Public employer" or "employer" means the state or any
1870	county, municipality, or special district or any subdivision or
1871	agency thereof which the commission determines has sufficient
1872	legal distinctiveness properly to carry out the functions of a
1873	public employer. With respect to all public employees determined
1874	by the commission as properly belonging to a statewide
1875	bargaining unit composed of State Career Service System
1876	employees or Selected Professional Service employees, the
1877	Governor shall be deemed to be the public employer; and the
1878	Board of Governors of the State University System, or the
1879	board's designee, university board of trustees shall be deemed
1880	to be the public employer with respect to all public employees
1881	of each constituent the respective state university. The board
1882	of trustees of a community college shall be deemed to be the
1883	public employer with respect to all employees of the community
1884	college. The district school board shall be deemed to be the
1885	public employer with respect to all employees of the school
1886	district. The Board of Trustees of the Florida School for the
1887	Deaf and the Blind shall be deemed to be the public employer
1888	with respect to the academic and academic administrative
1889	personnel of the Florida School for the Deaf and the Blind. The
1890	Governor shall be deemed to be the public employer with respect
1891	to all employees in the Correctional Education Program of the
1892	Department of Corrections established pursuant to s. 944.801.
1893	(10)  "Legislative body" means the State Legislature, the
1894	board of county commissioners, the district school board, the
1895	governing body of a municipality, or the governing body of an
1896	instrumentality or unit of government having authority to
1897	appropriate funds and establish policy governing the terms and
1898	conditions of employment and which, as the case may be, is the
1899	appropriate legislative body for the bargaining unit. For
1900	purposes of s. 447.403, the Board of Governors of the State
1901	University System, or the board's designee, state university
1902	board of trustees shall be deemed to be the legislative body
1903	with respect to all employees of each constituent the state
1904	university. For purposes of s. 447.403 the board of trustees of
1905	a community college shall be deemed to be the legislative body
1906	with respect to all employees of the community college.
1907	Section 53.  Section 455.2125, Florida Statutes, is amended
1908	to read:
1909	455.2125  Consultation with postsecondary education boards
1910	prior to adoption of changes to training requirements.--Any
1911	state agency or board that has jurisdiction over the regulation
1912	of a profession or occupation shall consult with the Commission
1913	for Independent Education, the Board of Governors of the State
1914	University System Board of Regents, and the State Board of
1915	Education prior to adopting any changes to training requirements
1916	relating to entry into the profession or occupation. This
1917	consultation must allow the educational board to provide advice
1918	regarding the impact of the proposed changes in terms of the
1919	length of time necessary to complete the training program and
1920	the fiscal impact of the changes. The educational board must be
1921	consulted only when an institution offering the training program
1922	falls under its jurisdiction.
1923	Section 54.  Section 456.028, Florida Statutes, is amended
1924	to read:
1925	456.028  Consultation with postsecondary education boards
1926	prior to adoption of changes to training requirements.--Any
1927	state agency or board that has jurisdiction over the regulation
1928	of a profession or occupation shall consult with the Commission
1929	for Independent Education, the Board of Governors of the State
1930	University System Board of Regents, and the State Board of
1931	Education prior to adopting any changes to training requirements
1932	relating to entry into the profession or occupation. This
1933	consultation must allow the educational board to provide advice
1934	regarding the impact of the proposed changes in terms of the
1935	length of time necessary to complete the training program and
1936	the fiscal impact of the changes. The educational board must be
1937	consulted only when an institution offering the training program
1938	falls under its jurisdiction.
1939	Section 55.  Subsection (1) of section 464.0196, Florida
1940	Statutes, is amended to read:
1941	464.0196  Florida Center for Nursing; board of directors.--
1942	(1)  The Florida Center for Nursing shall be governed by a
1943	policy-setting board of directors. The board shall consist of 16
1944	members, with a simple majority of the board being nurses
1945	representative of various practice areas. Other members shall
1946	include representatives of other health care professions,
1947	business and industry, health care providers, and consumers. The
1948	members of the board shall be appointed by the Governor as
1949	follows:
1950	(a)  Four members recommended by the President of the
1951	Senate, at least one of whom shall be a registered nurse
1952	recommended by the Florida Organization of Nurse Executives and
1953	at least one other representative of the hospital industry
1954	recommended by the Florida Hospital Association;
1955	(b)  Four members recommended by the Speaker of the House
1956	of Representatives, at least one of whom shall be a registered
1957	nurse recommended by the Florida Nurses Association and at least
1958	one other representative of the long-term care industry;
1959	(c)  Four members recommended by the Governor, two of whom
1960	shall be registered nurses; and
1961	(d)  One Four nurse educator educators recommended by the
1962	Board of Governors who is State Board of Education, one of whom
1963	shall be a dean of a College of Nursing at a state university;
1964	and, one other shall be a director of a nursing program in a
1965	state community college.
1966	(e)  Three nurse educators recommended by the State Board
1967	of Education, one of whom must be a director of a nursing
1968	program at a state community college.
1969	Section 56.  Subsection (3) of section 489.103, Florida
1970	Statutes, is amended to read:
1971	489.103  Exemptions.--This part does not apply to:
1972	(3)  An authorized employee of the United States, this
1973	state, or any municipality, county, irrigation district,
1974	reclamation district, or any other municipal or political
1975	subdivision, except school boards, state university boards of
1976	trustees, and community college boards of trustees the Board of
1977	Regents, and community colleges, unless for the purpose of
1978	performing routine maintenance or repair or construction not
1979	exceeding $200,000 to existing installations, if the employee
1980	does not hold himself or herself out for hire or otherwise
1981	engage in contracting except in accordance with his or her
1982	employment. If the construction, remodeling, or improvement
1983	exceeds $200,000, school boards, state university boards of
1984	trustees, and community college boards of trustees the Board of
1985	Regents, and community colleges, shall not divide the project
1986	into separate components for the purpose of evading this
1987	section.
1988	Section 57.  Subsection (2) of section 489.503, Florida
1989	Statutes, is amended to read:
1990	489.503  Exemptions.--This part does not apply to:
1991	(2)  An authorized employee of the United States, this
1992	state, or any municipality, county, irrigation district,
1993	reclamation district, or any other municipal or political
1994	subdivision of this state, except school boards, state
1995	university boards of trustees, and community college boards of
1996	trustees the Board of Regents, and community colleges, unless
1997	for the purpose of performing routine maintenance or repair or
1998	construction not exceeding $200,000 to existing installations,
1999	as long as the employee does not hold himself or herself out for
2000	hire or otherwise engage in contracting except in accordance
2001	with his or her employment. If the construction, remodeling, or
2002	improvement exceeds $200,000, school boards, state university
2003	boards of trustees, and community college boards of trustees the
2004	Board of Regents, and community colleges, shall not divide the
2005	project into separate components for the purpose of evading this
2006	section.
2007	Section 58.  Subsection (5) of section 553.71, Florida
2008	Statutes, is amended to read:
2009	553.71  Definitions.--As used in this part, the term:
2010	(5)  "Local enforcement agency" means an agency of local
2011	government, a local school board, a community college board of
2012	trustees, or a university board of trustees in the State
2013	University System with jurisdiction to make inspections of
2014	buildings and to enforce the codes which establish standards for
2015	design, construction, erection, alteration, repair,
2016	modification, or demolition of public or private buildings,
2017	structures, or facilities.
2018	Section 59.  Subsection (1) of section 627.06281, Florida
2019	Statutes, is amended to read:
2020	627.06281  Public hurricane loss projection model;
2021	reporting of data by insurers.--
2022	(1)  Within 30 days after a written request for loss data
2023	and associated exposure data by the office or the Florida
2024	International University a type I center within the State
2025	University System established to study mitigation, residential
2026	property insurers and licensed rating and advisory organizations
2027	that compile residential property insurance loss data shall
2028	provide loss data and associated exposure data for residential
2029	property insurance policies to the office or the Florida
2030	International University to a type I center within the State
2031	University System established to study mitigation, as directed
2032	by the office, for the purposes of developing, maintaining, and
2033	updating a public model for hurricane loss projections. The loss
2034	data and associated exposure data provided shall be in writing.
2035	Section 60.  Subsection (1) of section 627.06292, Florida
2036	Statutes, is amended to read:
2037	627.06292  Reports of hurricane loss data and associated
2038	exposure data; public records exemption.--
2039	(1)  Reports of hurricane loss data and associated exposure
2040	data that are specific to a particular insurance company, as
2041	reported by an insurer or a licensed rating organization to the
2042	office or to a type I center at a state university pursuant to
2043	s. 627.06281, are exempt from s. 119.07(1) and s. 24(a), Art. I
2044	of the State Constitution.
2045	Section 61.  Subsection (7) of section 633.01, Florida
2046	Statutes, is amended to read:
2047	633.01  State Fire Marshal; powers and duties; rules.--
2048	(7)  The State Fire Marshal shall adopt and administer
2049	rules prescribing standards for the safety and health of
2050	occupants of educational and ancillary facilities pursuant to
2051	ss. 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
2052	county that does not employ or appoint a local fire official,
2053	the State Fire Marshal shall assume the duties of the local fire
2054	official with respect to firesafety inspections of educational
2055	property required under s. 1013.12(3)(2)(b), and the State Fire
2056	Marshal may take necessary corrective action as authorized under
2057	s. 1013.12(6)(5).
2058	Section 62.  Subsection (5) of section 650.03, Florida
2059	Statutes, is amended to read:
2060	650.03  Federal-state agreement; interstate
2061	instrumentalities.--
2062	(5)  For purposes of this chapter, employees of the
2063	institutions of higher learning under the Board of Governors of
2064	the State University System Board of Regents who are covered by
2065	the Teachers' Retirement System shall be deemed to be covered by
2066	a separate retirement system for each institution.
2067	Section 63.  Subsection (2) of section 943.1755, Florida
2068	Statutes, is amended to read:
2069	943.1755  Florida Criminal Justice Executive Institute.--
2070	(2)  The institute is established within the Department of
2071	Law Enforcement and affiliated with the State University System.
2072	The Board of Governors of the State University System Board of
2073	Regents shall, in cooperation with the Department of Law
2074	Enforcement, determine the specific placement of the institute
2075	within the system.
2076	Section 64.  Subsection (5) of section 1000.01, Florida
2077	Statutes, is amended to read:
2078	1000.01  The Florida K-20 education system; technical
2079	provisions.--
2080	(5)  EDUCATION GOVERNANCE TRANSFERS.--
2081	(a)  Effective July 1, 2001:
2082	1.  The Board of Regents is abolished.
2083	2.  All of the powers, duties, functions, records,
2084	personnel, and property; unexpended balances of appropriations,
2085	allocations, and other funds; administrative authority;
2086	administrative rules; pending issues; and existing contracts of
2087	the Board of Regents are transferred by a type two transfer,
2088	pursuant to s. 20.06(2), to the State Board of Education.
2089	3.  The State Board of Community Colleges is abolished.
2090	4.  All of the powers, duties, functions, records,
2091	personnel, and property; unexpended balances of appropriations,
2092	allocations, and other funds; administrative authority;
2093	administrative rules; pending issues; and existing contracts of
2094	the State Board of Community Colleges are transferred by a type
2095	two transfer, pursuant to s. 20.06(2), from the Department of
2096	Education to the State Board of Education.
2097	5.  The Postsecondary Education Planning Commission is
2098	abolished.
2099	6.  The Council for Education Policy Research and
2100	Improvement is created as an independent office under the Office
2101	of Legislative Services.
2102	7.  All personnel, unexpended balances of appropriations,
2103	and allocations of the Postsecondary Education Planning
2104	Commission are transferred to the Council for Education Policy
2105	Research and Improvement.
2106	8.  The Articulation Coordinating Committee and the
2107	Education Standards Commission are transferred by a type two
2108	transfer, pursuant to s. 20.06(2), from the Department of
2109	Education to the State Board of Education.
2110	(b)  All rules of the State Board of Education, the
2111	Commissioner of Education, and the Department of Education, and
2112	all rules of the district school boards, the community college
2113	boards of trustees, and the state university boards of trustees,
2114	in effect on January 2, 2003, remain in effect until
2115	specifically amended or repealed in the manner provided by law.
2116	(c)  Effective January 7, 2003:
2117	1.  The administrative rules of the Department of Education
2118	and the Commissioner of Education shall become the rules of the
2119	State Board of Education.
2120	2.  The administrative rules of the State Board of
2121	Education shall become the rules of the appointed State Board of
2122	Education.
2123	(d)  All administrative rules of the State Board of
2124	Education, the Commissioner of Education, and the Department of
2125	Education are transferred by a type two transfer, as defined in
2126	s. 20.06(2), to the appointed State Board of Education.
2127	(e)  This act creating the Florida K-20 Education Code
2128	shall not affect the validity of any judicial or administrative
2129	action involving the Department of Education, pending on January
2130	7, 2003. This act shall not affect the validity of any judicial
2131	or administrative action involving the Commissioner of Education
2132	or the State Board of Education, pending on January 7, 2003, and
2133	the appointed State Board of Education shall be substituted as a
2134	party of interest in any such action.
2135	(f)  Effective January 7, 2003, any powers, duties,
2136	functions, records, property, unexpended balances of
2137	appropriations, allocations, and other funds; administrative
2138	authority; administrative rules; pending issues; and existing
2139	contracts of the Board of Regents that were previously
2140	transferred to the State Board of Education after the Board of
2141	Regents was abolished pursuant to paragraph (a) are transferred
2142	to the Board of Governors in accordance with s. 7(d), Art. IX of
2143	the State Constitution.
2144	Section 65.  Subsection (1) and paragraphs (b) and (c) of
2145	subsection (2) of section 1000.03, Florida Statutes, are amended
2146	to read:
2147	1000.03  Function, mission, and goals of the Florida K-20
2148	education system.--
2149	(1)  Florida's K-20 education system shall be a
2150	decentralized system without excess layers of bureaucracy. The
2151	State Board of Education may appoint on an ad hoc basis a
2152	committee or committees to assist it on any and all issues
2153	within the K-20 education system. Florida's K-20 education
2154	system shall maintain a systemwide technology plan based on a
2155	common set of data definitions.
2156	(2)
2157	(b)  With the exception of matters relating to the State
2158	University System, the State Board of Education shall oversee
2159	the enforcement of all laws and rules, and the timely provision
2160	of direction, resources, assistance, intervention when needed,
2161	and strong incentives and disincentives to force accountability
2162	for results.
2163	(c)  The Board of Governors shall oversee the enforcement
2164	of all state university laws and rules and regulations and the
2165	timely provision of direction, resources, assistance,
2166	intervention when needed, and strong incentives and
2167	disincentives to force accountability for results. The
2168	Commissioner of Education shall serve as chief executive officer
2169	of the K-20 education system. The commissioner shall be
2170	responsible for enforcing compliance with the mission and goals
2171	of the K-20 education system. The commissioner's office shall
2172	operate all statewide functions necessary to support the State
2173	Board of Education and the K-20 education system.
2174	Section 66.  Paragraphs (d) and (e) of subsection (3) and
2175	subsections (4), (5), and (6) of section 1000.05, Florida
2176	Statutes, are amended to read:
2177	1000.05  Discrimination against students and employees in
2178	the Florida K-20 public education system prohibited; equality of
2179	access required.--
2180	(3)
2181	(d)  A public K-20 educational institution which operates
2182	or sponsors interscholastic, intercollegiate, club, or
2183	intramural athletics shall provide equal athletic opportunity
2184	for members of both genders.
2185	1.  The Board of Governors shall determine whether equal
2186	opportunities are available at state universities.
2187	2.  The Commissioner of Education shall determine whether
2188	equal opportunities are available in school districts and
2189	community colleges. In determining whether equal opportunities
2190	are available in school districts and community colleges, the
2191	Commissioner of Education shall consider, among other factors:
2192	a.1.  Whether the selection of sports and levels of
2193	competition effectively accommodate the interests and abilities
2194	of members of both genders.
2195	b.2.  The provision of equipment and supplies.
2196	c.3.  Scheduling of games and practice times.
2197	d.4.  Travel and per diem allowances.
2198	e.5.  Opportunities to receive coaching and academic
2199	tutoring.
2200	f.6.  Assignment and compensation of coaches and tutors.
2201	g.7.  Provision of locker room, practice, and competitive
2202	facilities.
2203	h.8.  Provision of medical and training facilities and
2204	services.
2205	i.9.  Provision of housing and dining facilities and
2206	services.
2207	j.10.  Publicity.
2208
2209	Unequal aggregate expenditures for members of each gender or
2210	unequal expenditures for male and female teams if a public
2211	school or community college K-20 educational institution
2212	operates or sponsors separate teams do not constitute
2213	nonimplementation of this subsection, but the Commissioner of
2214	Education shall consider the failure to provide necessary funds
2215	for teams for one gender in assessing equality of opportunity
2216	for members of each gender.
2217	(e)  A public school or community college K-20 educational
2218	institution may provide separate toilet, locker room, and shower
2219	facilities on the basis of gender, but such facilities shall be
2220	comparable to such facilities provided for students of the other
2221	gender.
2222	(4)  Public schools and community colleges Educational
2223	institutions within the state public K-20 education system shall
2224	develop and implement methods and strategies to increase the
2225	participation of students of a particular race, ethnicity,
2226	national origin, gender, disability, or marital status in
2227	programs and courses in which students of that particular race,
2228	ethnicity, national origin, gender, disability, or marital
2229	status have been traditionally underrepresented, including, but
2230	not limited to, mathematics, science, computer technology,
2231	electronics, communications technology, engineering, and career
2232	education.
2233	(5)(a)  The State Board of Education shall adopt rules to
2234	implement this section as it relates to school districts and
2235	community colleges.
2236	(b)  The Board of Governors shall adopt rules to implement
2237	this section as it relates to state universities.
2238	(6)  The functions of the Office of Equal Educational
2239	Opportunity of the Department of Education shall include, but
2240	are not limited to:
2241	(a)  Requiring all district school boards and, community
2242	college boards of trustees, and state university boards of
2243	trustees to develop and submit plans for the implementation of
2244	this section to the Department of Education.
2245	(b)  Conducting periodic reviews of school districts and
2246	community colleges public K-20 educational agencies to determine
2247	compliance with this section and, after a finding that a school
2248	district or a community college an educational agency is not in
2249	compliance with this section, notifying the entity agency of the
2250	steps that it must take to attain compliance and performing
2251	followup monitoring.
2252	(c)  Providing technical assistance, including assisting
2253	school districts or community colleges public K-20 educational
2254	agencies in identifying unlawful discrimination and instructing
2255	them in remedies for correction and prevention of such
2256	discrimination and performing followup monitoring.
2257	(d)  Conducting studies of the effectiveness of methods and
2258	strategies designed to increase the participation of students in
2259	programs and courses in which students of a particular race,
2260	ethnicity, national origin, gender, disability, or marital
2261	status have been traditionally underrepresented and monitoring
2262	the success of students in such programs or courses, including
2263	performing followup monitoring.
2264	(e)  Requiring all district school boards and, community
2265	college boards of trustees, and state university boards of
2266	trustees to submit data and information necessary to determine
2267	compliance with this section. The Commissioner of Education
2268	shall prescribe the format and the date for submission of such
2269	data and any other educational equity data. If any board does
2270	not submit the required compliance data or other required
2271	educational equity data by the prescribed date, the commissioner
2272	shall notify the board of this fact and, if the board does not
2273	take appropriate action to immediately submit the required
2274	report, the State Board of Education shall impose monetary
2275	sanctions.
2276	(f)  Based upon rules of the State Board of Education,
2277	developing and implementing enforcement mechanisms with
2278	appropriate penalties to ensure that public K-12 schools and,
2279	community colleges, and state universities comply with Title IX
2280	of the Education Amendments of 1972 and subsection (3) of this
2281	section. However, the State Board of Education may not force a
2282	public school or community college an educational agency to
2283	conduct, nor penalize such entity an educational agency for not
2284	conducting, a program of athletic activity or athletic
2285	scholarship for female athletes unless it is an athletic
2286	activity approved for women by a recognized association whose
2287	purpose is to promote athletics and a conference or league
2288	exists to promote interscholastic or intercollegiate competition
2289	for women in that athletic activity.
2290	(g)  Reporting to the Commissioner of Education any
2291	district school board or, community college board of trustees,
2292	or state university board of trustees found to be out of
2293	compliance with rules of the State Board of Education adopted as
2294	required by paragraph (f) or paragraph (3)(d). To penalize the
2295	board, the State Board of Education shall:
2296	1.  Declare the school district or community college
2297	educational agency ineligible for competitive state grants.
2298	2.  Notwithstanding the provisions of s. 216.192, direct
2299	the Chief Financial Officer to withhold general revenue funds
2300	sufficient to obtain compliance from the school district or
2301	community college educational agency.
2302
2303	The school district or community college educational agency
2304	shall remain ineligible and the funds shall not be paid until
2305	the institution agency comes into compliance or the State Board
2306	of Education approves a plan for compliance.
2307	Section 67.  Subsection (8) is added to section 1000.21,
2308	Florida Statutes, to read:
2309	1000.21  Systemwide definitions.--As used in the Florida K-
2310	K-20 Education Code:
2311	(8)  "Board of Governors" is the Board of Governors of the
2312	State University System.
2313	Section 68.  Section 1001.02, Florida Statutes, is amended
2314	to read:
2315	1001.02  General powers of State Board of Education.--
2316	(1)  The State Board of Education is the chief implementing
2317	and coordinating body of public education in Florida except for
2318	the State University System, and it shall focus on high-level
2319	policy decisions. It has authority to adopt rules pursuant to
2320	ss. 120.536(1) and 120.54 to implement the provisions of law
2321	conferring duties upon it for the improvement of the state
2322	system of K-20 public education except for the State University
2323	System. Except as otherwise provided herein, it may, as it finds
2324	appropriate, delegate its general powers to the Commissioner of
2325	Education or the directors of the divisions of the department.
2326	(2)  The State Board of Education has the following duties:
2327	(a)  To adopt comprehensive educational objectives for
2328	public education except for the State University System.
2329	(b)  To adopt comprehensive long-range plans and short-
2330	range programs for the development of the state system of public
2331	education except for the State University System.
2332	(c)  To exercise general supervision over the divisions of
2333	the Department of Education as necessary to ensure coordination
2334	of educational plans and programs and resolve controversies and
2335	to minimize problems of articulation and student transfers, to
2336	ensure that students moving from one level of education to the
2337	next have acquired competencies necessary for satisfactory
2338	performance at that level, and to ensure maximum utilization of
2339	facilities.
2340	(d)  To adopt, in consultation with the Board of Governors
2341	for state universities and community colleges, and from time to
2342	time modify, minimum and uniform standards of college-level
2343	communication and computation skills generally associated with
2344	successful performance and progression through the baccalaureate
2345	level and to identify college-preparatory high school coursework
2346	and postsecondary-level coursework that prepares students with
2347	the academic skills necessary to succeed in postsecondary
2348	education.
2349	(e)  To adopt and submit to the Governor and Legislature,
2350	as provided in s. 216.023 on or before September 1 of each year,
2351	a coordinated K-20 education budget that estimates the
2352	expenditure requirements for the Board of Governors, as provided
2353	in s. 1001.706, the State Board of Education, including the
2354	Department of Education and, the Commissioner of Education, and
2355	all of the boards, institutions, agencies, and services under
2356	the general supervision of the Board of Governors, as provided
2357	in s. 1001.706, or the State Board of Education for the ensuing
2358	fiscal year. The State Board of Education may not amend the
2359	budget request submitted by the Board of Governors. Any program
2360	recommended by the Board of Governors or the State Board of
2361	Education which will require increases in state funding for more
2362	than 1 year must be presented in a multiyear budget plan.
2363	(f)  To hold meetings, transact business, keep records,
2364	adopt a seal, and, except as otherwise provided by law, perform
2365	such other duties as may be necessary for the enforcement of all
2366	laws and rules relating to the state system of public education.
2367	(g)  To approve plans for cooperating with the Federal
2368	Government.
2369	(h)  To approve plans for cooperating with other public
2370	agencies in the development of rules and in the enforcement of
2371	laws for which the state board and such agencies are jointly
2372	responsible.
2373	(i)  To review plans for cooperating with appropriate
2374	nonpublic agencies for the improvement of conditions relating to
2375	the welfare of schools.
2376	(j)  To create such subordinate advisory bodies as are
2377	required by law or as it finds necessary for the improvement of
2378	education.
2379	(k)  To constitute any education bodies or other structures
2380	as required by federal law.
2381	(l)  To assist in the economic development of the state by
2382	developing a state-level planning process to identify future
2383	training needs for industry, especially high-technology
2384	industry.
2385	(m)  To assist in the planning and economic development of
2386	the state by establishing a clearinghouse for information on
2387	educational programs of value to economic development.
2388	(n)  To adopt cohesive rules pursuant to ss. 120.536(1) and
2389	120.54, within statutory authority, for education systemwide
2390	issues.
2391	(o)  To authorize the allocation of resources in accordance
2392	with law and rule.
2393	(p)  To contract with independent institutions accredited
2394	by an agency whose standards are comparable to the minimum
2395	standards required to operate a postsecondary educational
2396	institution at that level in the state. The purpose of the
2397	contract is to provide those educational programs and facilities
2398	which will meet needs unfulfilled by the state system of public
2399	postsecondary education.
2400	(q)  To recommend that a district school board take action
2401	consistent with the state board's decision relating to an appeal
2402	of a charter school application.
2403	(r)  To enforce systemwide education goals and policies
2404	except as otherwise provided by law.
2405	(s)  To establish a detailed procedure for the
2406	implementation and operation of a systemwide K-20 technology
2407	plan that is based on a common set of data definitions.
2408	(t)  To establish accountability standards for existing
2409	legislative performance goals, standards, and measures, and
2410	order the development of mechanisms to implement new legislative
2411	goals, standards, and measures.
2412	(u)  To adopt criteria and implementation plans for future
2413	growth issues, such as new community colleges and community
2414	college universities and campus mergers, and to provide for
2415	cooperative agreements between and within public and private
2416	education sectors.
2417	(v)  To develop, in conjunction with the Board of
2418	Governors, and periodically review for adjustment, a coordinated
2419	5-year plan for postsecondary enrollment and annually submit the
2420	plan to the Legislature.
2421	(w)  To approve a new program at the professional level or
2422	doctoral level, if:
2423	1.  The university has taken into account the need and
2424	demand for the program, the university's mission, and similar
2425	program offerings by public and nonpublic counterparts.
2426	2.  The addition of the program will not alter the
2427	university's emphasis on undergraduate education.
2428	(x)  To review, and approve or disapprove, degree programs
2429	identified as unique pursuant to s. 1007.25.
2430	(y)  To recommend to the Legislature a plan for
2431	implementing block tuition programs and providing other
2432	incentives to encourage students to graduate within 4 years.
2433	(3)  The State Board of Education shall adopt rules to
2434	establish the criteria for assigning, reviewing, and removing
2435	limited-access status to an educational program. The State Board
2436	of Education shall monitor the extent of limited-access programs
2437	within the state universities and report to the Legislature
2438	admissions and enrollment data for limited-access programs. Such
2439	report shall be submitted annually by December 1 and shall
2440	assist in determining the potential need for academic program
2441	contracts with independent institutions pursuant to paragraph
2442	(2)(p). The report must specify, for each limited-access program
2443	within each institution, the following categories, by race and
2444	gender:
2445	(a)  The number of applicants.
2446	(b)  The number of applicants granted admission.
2447	(c)  The number of applicants who are granted admission and
2448	enroll.
2449	(d)  The number of applicants denied admission.
2450	(e)  The number of applicants neither granted admission nor
2451	denied admission.
2452
2453	Each category must be reported for each term. Each category must
2454	be reported by type of student, including the following
2455	subcategories: native students, community college associate in
2456	arts degree transfer students, and other students. Each category
2457	and subcategory must further be reported according to the number
2458	of students who meet or exceed the minimum eligibility
2459	requirements for admission to the program and the number of
2460	students who do not meet or exceed the minimum eligibility
2461	requirements for admission to the program.
2462	(4)  The State Board of Education shall review, and approve
2463	or disapprove, baccalaureate-degree programs that exceed 120
2464	semester hours, after considering accreditation requirements,
2465	employment and earnings of graduates, comparative program
2466	lengths nationally, and comparisons with similar programs
2467	offered by independent institutions. By December 31 of each
2468	year, the State Board of Education must report to the
2469	Legislature any degrees in the state universities that require
2470	more than 120 hours, along with appropriate evidence of need. At
2471	least every 5 years, the State Board of Education must determine
2472	whether the programs still require more than the standard length
2473	of 120 hours.
2474	(3)(5)(a)  The State Board of Education shall adopt a
2475	systemwide strategic plan that specifies goals and objectives
2476	for the state's public schools state universities and community
2477	colleges. In developing this plan, the State Board of Education
2478	shall consider the role of individual public and independent
2479	institutions within the state. The plan shall be formulated in
2480	conjunction with plans of the Board of Governors in order to
2481	provide for the roles of the universities and community colleges
2482	to be coordinated to best meet state needs and reflect cost-
2483	effective use of state resources. The strategic plan must
2484	clarify mission statements and identify degree programs to be
2485	offered at each university and community college in accordance
2486	with the objectives provided in this subsection. The systemwide
2487	strategic plan must cover a period of 5 years, with modification
2488	of the program lists after 2 years. Development of each 5-year
2489	plan must be coordinated with and initiated after completion of
2490	the master plan. The systemwide and university and community
2491	college strategic plans must specifically include programs and
2492	procedures for responding to the educational needs of teachers
2493	and students in the public schools of this state. The state
2494	board shall submit a report to the President of the Senate and
2495	the Speaker of the House of Representatives upon modification of
2496	the system plan.
2497	(b)  The State Board of Education and the Board of
2498	Governors shall jointly develop long-range plans and annual
2499	reports for financial aid in this state. The long-range plans
2500	shall establish goals and objectives for a comprehensive program
2501	of financial aid for Florida students and shall be updated every
2502	5 years. The annual report shall include programs administered
2503	by the department as well as awards made from financial aid fee
2504	revenues, any other funds appropriated by the Legislature for
2505	financial assistance, and the value of tuition and fees waived
2506	for students enrolled in a dual enrollment course at a public
2507	postsecondary educational institution. The annual report shall
2508	include an assessment of progress made in achieving goals and
2509	objectives established in the long-range plans and
2510	recommendations for repealing or modifying existing financial
2511	aid programs or establishing new programs. A long-range plan
2512	shall be submitted by January 1, 2004, and every 5 years
2513	thereafter. An annual report shall be submitted on January 1,
2514	2004, and in each successive year that a long-range plan is not
2515	submitted, to the President of the Senate and the Speaker of the
2516	House of Representatives.
2517	(6)  The State Board of Education shall coordinate the
2518	programs with the Council for Education Policy Research and
2519	Improvement, including doctoral programs. The programs shall be
2520	reviewed every 5 years or whenever the state board determines
2521	that the effectiveness or efficiency of a program is
2522	jeopardized. The State Board of Education shall define the
2523	indicators of quality and the criteria for program review for
2524	every program. Such indicators include need, student demand,
2525	industry-driven competencies for advanced technology and related
2526	programs, and resources available to support continuation. The
2527	results of the program reviews must be tied to the university
2528	and community college budget requests.
2529	(4)(7)  The State Board of Education shall:
2530	(a)  Provide for each community college to offer
2531	educational training and service programs designed to meet the
2532	needs of both students and the communities served.
2533	(b)  Specify, by rule, procedures to be used by the
2534	community college boards of trustees in the annual evaluations
2535	of presidents and review the evaluations of presidents by the
2536	boards of trustees.
2537	(c)  Establish, in conjunction with the Board of Governors,
2538	an effective information system that will provide composite data
2539	concerning the community colleges and state universities and
2540	ensure that special analyses and studies concerning the
2541	institutions are conducted, as necessary, for provision of
2542	accurate and cost-effective information concerning the
2543	institutions.
2544	(d)  Establish criteria for making recommendations for
2545	modifying district boundary lines for community colleges.
2546	(e)  Establish criteria for making recommendations
2547	concerning all proposals for the establishment of additional
2548	centers or campuses for community colleges and state
2549	universities.
2550	(f)  Examine the annual administrative review of each
2551	community college and state university.
2552	(g)  Specify, by rule, the college-credit degree program
2553	courses that may be taken by community college students
2554	concurrently enrolled in college-preparatory instruction.
2555	(h)  Adopt and submit to the Legislature a 3-year list of
2556	priorities for fixed-capital-outlay projects. The State Board of
2557	Education may not amend the 3-year list of priorities of the
2558	Board of Governors.
2559	(5)(8)  The State Board of Education is responsible for
2560	reviewing and administering the state program of support for the
2561	community colleges and, subject to existing law, shall establish
2562	the tuition and out-of-state fees for college-preparatory
2563	instruction and for credit instruction that may be counted
2564	toward an associate in arts degree, an associate in applied
2565	science degree, or an associate in science degree.
2566	(6)(9)  The State Board of Education shall prescribe
2567	minimum standards, definitions, and guidelines for community
2568	colleges and state universities that will ensure the quality of
2569	education, coordination among the community colleges and state
2570	universities, and efficient progress toward accomplishing the
2571	community college and state university mission. At a minimum,
2572	these rules must address:
2573	(a)  Personnel.
2574	(b)  Contracting.
2575	(c)  Program offerings and classification, including
2576	college-level communication and computation skills associated
2577	with successful performance in college and with tests and other
2578	assessment procedures that measure student achievement of those
2579	skills. The performance measures must provide that students
2580	moving from one level of education to the next acquire the
2581	necessary competencies for that level.
2582	(d)  Provisions for curriculum development, graduation
2583	requirements, college calendars, and program service areas.
2584	These provisions must include rules that:
2585	1.  Provide for the award of an associate in arts degree to
2586	a student who successfully completes 60 semester credit hours at
2587	the community college.
2588	2.  Require all of the credits accepted for the associate
2589	in arts degree to be in the statewide course numbering system as
2590	credits toward a baccalaureate degree offered by a state
2591	university or a community college.
2592	3.  Require no more than 36 semester credit hours in
2593	general education courses in the subject areas of communication,
2594	mathematics, social sciences, humanities, and natural sciences.
2595
2596	The rules should encourage community colleges to enter into
2597	agreements with state universities that allow community college
2598	students to complete upper-division-level courses at a community
2599	college. An agreement may provide for concurrent enrollment at
2600	the community college and the state university and may authorize
2601	the community college to offer an upper-division-level course or
2602	distance learning.
2603	(e)  Student admissions, conduct and discipline,
2604	nonclassroom activities, and fees.
2605	(f)  Budgeting.
2606	(g)  Business and financial matters.
2607	(h)  Student services.
2608	(i)  Reports, surveys, and information systems, including
2609	forms and dates of submission.
2610	Section 69.  Subsections (7), (8), (9), (10), and (13) of
2611	section 1001.03, Florida Statutes, are amended to read:
2612	1001.03  Specific powers of State Board of Education.--
2613	(7)  ARTICULATION ACCOUNTABILITY.--The State Board of
2614	Education shall develop articulation accountability measures
2615	that assess the status of systemwide articulation processes, in
2616	conjunction with the Board of Governors regarding the State
2617	University System, and shall establish an articulation
2618	accountability process in accordance with the provisions of
2619	chapter 1008, in conjunction with the Board of Governors
2620	regarding the State University System.
2621	(8)  SYSTEMWIDE ENFORCEMENT.--The State Board of Education
2622	shall enforce compliance with law and state board rule by all
2623	school districts and public postsecondary educational
2624	institutions, except for the State University System, in
2625	accordance with the provisions of s. 1008.32.
2626	(9)  MANAGEMENT INFORMATION DATABASES.--The State Board of
2627	Education, in conjunction with the Board of Governors regarding
2628	the State University System, shall continue to collect and
2629	maintain, at a minimum, the management information databases for
2630	state universities, and all other components of the public K-20
2631	education system as such databases existed on June 30, 2002.
2632	(10)  COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
2633	EDUCATION.--The State Board of Education, in conjunction with
2634	the Board of Governors, shall develop and implement a common
2635	placement test to assess the basic computation and communication
2636	skills of students who intend to enter a degree program at any
2637	community college or state university.
2638	(13)  CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
2639	PROGRAMS.--The State Board of Education shall provide for the
2640	cyclic review of all academic programs in community colleges and
2641	state universities at least every 7 years. Program reviews shall
2642	document how individual academic programs are achieving stated
2643	student learning and program objectives within the context of
2644	the institution's mission. The results of the program reviews
2645	shall inform strategic planning, program development, and
2646	budgeting decisions at the institutional level.
2647	Section 70.  Section 1001.10, Florida Statutes, is amended
2648	to read:
2649	1001.10  Commissioner of Education; general powers and
2650	duties.--
2651	(1)  The Commissioner of Education is the chief educational
2652	officer of the state and the sole custodian of the K-20 data
2653	warehouse, and is responsible for giving full assistance to the
2654	State Board of Education in enforcing compliance with the
2655	mission and goals of the seamless K-20 education system except
2656	for the State University System.
2657	(2)  The commissioner's office shall operate all statewide
2658	functions necessary to support the State Board of Education,
2659	including strategic planning and budget development, general
2660	administration, assessment, and accountability.
2661	(3)  To facilitate innovative practices and to allow local
2662	selection of educational methods, the State Board of Education
2663	may authorize the commissioner to waive, upon the request of a
2664	district school board, State Board of Education rules that
2665	relate to district school instruction and school operations,
2666	except those rules pertaining to civil rights, and student
2667	health, safety, and welfare. The Commissioner of Education is
2668	not authorized to grant waivers for any provisions in rule
2669	pertaining to the allocation and appropriation of state and
2670	local funds for public education; the election, compensation,
2671	and organization of school board members and superintendents;
2672	graduation and state accountability standards; financial
2673	reporting requirements; reporting of out-of-field teaching
2674	assignments under s. 1012.42; public meetings; public records;
2675	or due process hearings governed by chapter 120. No later than
2676	January 1 of each year, the commissioner shall report to the
2677	Legislature and the State Board of Education all approved waiver
2678	requests in the preceding year.
2679	(4)  Additionally, the commissioner has the following
2680	general powers and duties:
2681	(a)(1)  To appoint staff necessary to carry out his or her
2682	powers and duties.
2683	(b)(2)  To advise and counsel with the State Board of
2684	Education on all matters pertaining to education; to recommend
2685	to the State Board of Education actions and policies as, in the
2686	commissioner's opinion, should be acted upon or adopted; and to
2687	execute or provide for the execution of all acts and policies as
2688	are approved.
2689	(c)(3)  To keep such records as are necessary to set forth
2690	clearly all acts and proceedings of the State Board of
2691	Education.
2692	(d)(4)  To have a seal for his or her office with which, in
2693	connection with his or her own signature, the commissioner shall
2694	authenticate true copies of decisions, acts, or documents.
2695	(e)(5)  To recommend to the State Board of Education
2696	policies and steps designed to protect and preserve the
2697	principal of the State School Fund; to provide an assured and
2698	stable income from the fund; to execute such policies and
2699	actions as are approved; and to administer the State School
2700	Fund.
2701	(f)(6)  To take action on the release of mineral rights
2702	based upon the recommendations of the Board of Trustees of the
2703	Internal Improvement Trust Fund.
2704	(g)(7)  To submit to the State Board of Education, on or
2705	before October 1 August 1 of each year, recommendations for a
2706	coordinated K-20 education budget that estimates the
2707	expenditures for the Board of Governors, the State Board of
2708	Education, including the Department of Education and, the
2709	Commissioner of Education, and all of the boards, institutions,
2710	agencies, and services under the general supervision of the
2711	Board of Governors or the State Board of Education for the
2712	ensuing fiscal year. Any program recommended to the State Board
2713	of Education that will require increases in state funding for
2714	more than 1 year must be presented in a multiyear budget plan.
2715	(h)(8)  To develop and implement a plan for cooperating
2716	with the Federal Government in carrying out any or all phases of
2717	the educational program and to recommend policies for
2718	administering funds that are appropriated by Congress and
2719	apportioned to the state for any or all educational purposes.
2720	The Commissioner of Education shall submit to the Legislature
2721	the proposed state plan for the reauthorization of the No Child
2722	Left Behind Act before the proposed plan is submitted to federal
2723	agencies. The President of the Senate and the Speaker of the
2724	House of Representatives shall appoint members of the
2725	appropriate education and appropriations committees to serve as
2726	a select committee to review the proposed plan.
2727	(i)(9)  To develop and implement policies for cooperating
2728	with other public agencies in carrying out those phases of the
2729	program in which such cooperation is required by law or is
2730	deemed by the commissioner to be desirable and to cooperate with
2731	public and nonpublic agencies in planning and bringing about
2732	improvements in the educational program.
2733	(j)(10)  To prepare forms and procedures as are necessary
2734	to be used by district school boards and all other educational
2735	agencies to assure uniformity, accuracy, and efficiency in the
2736	keeping of records, the execution of contracts, the preparation
2737	of budgets, or the submission of reports; and to furnish at
2738	state expense, when deemed advisable by the commissioner, those
2739	forms that can more economically and efficiently be provided.
2740	(k)(11)  To implement a program of school improvement and
2741	education accountability designed to provide all students the
2742	opportunity to make adequate learning gains in each year of
2743	school as provided by statute and State Board of Education rule
2744	based upon the achievement of the state education goals,
2745	recognizing the following:
2746	(a)  The State Board of Education is the body corporate
2747	responsible for the supervision of the system of public
2748	education.
2749	1.(b)  The district school board is responsible for school
2750	and student performance.
2751	2.(c)  The individual school is the unit for education
2752	accountability.
2753	3.(d)  The community college board of trustees is
2754	responsible for community college performance and student
2755	performance.
2756	(e)  The university board of trustees is responsible for
2757	university performance and student performance.
2758	(l)(12)  To maintain establish a Citizen Information Center
2759	responsible for the preparation, publication, and dissemination
2760	distribution of user-friendly materials relating to the state's
2761	state system of seamless K-20 public education system, including
2762	the state's K-12 scholarship programs and the Voluntary
2763	Prekindergarten Education Program.
2764	(m)(13)  To prepare and publish annually reports giving
2765	statistics and other useful information pertaining to the
2766	state's K-12 scholarship programs and the Voluntary
2767	Prekindergarten Education Program Opportunity Scholarship
2768	Program.
2769	(n)(14)  To have printed or electronic copies of school
2770	laws, forms, instruments, instructions, and rules of the State
2771	Board of Education and provide for their distribution.
2772	(o)(15)  To develop criteria for use by state instructional
2773	materials committees in evaluating materials submitted for
2774	adoption consideration. The criteria shall, as appropriate, be
2775	based on instructional expectations reflected in curriculum
2776	frameworks and student performance standards. The criteria for
2777	each subject or course shall be made available to publishers of
2778	instructional materials pursuant to the requirements of chapter
2779	1006.
2780	(p)(16)  To prescribe procedures for evaluating
2781	instructional materials submitted by publishers and
2782	manufacturers in each adoption.
2783	(q)(17)  To enter into agreement with Space Florida to
2784	develop innovative aerospace-related education programs that
2785	promote mathematics and science education for grades K-20.
2786
2787	The commissioner's office shall operate all statewide functions
2788	necessary to support the State Board of Education and the K-20
2789	education system, including strategic planning and budget
2790	development, general administration, and assessment and
2791	accountability.
2792	Section 71.  Paragraphs (c) and (d) of subsection (1),
2793	paragraph (a) of subsection (2), and subsection (3) of section
2794	1001.11, Florida Statutes, are amended to read:
2795	1001.11  Commissioner of Education; other duties.--
2796	(1)  The Commissioner of Education must independently
2797	perform the following duties:
2798	(c)  In cooperation with the Board of Governors, develop
2799	and implement a process for receiving and processing requests,
2800	in conjunction with the Legislature, for the allocation of PECO
2801	funds for qualified postsecondary education projects.
2802	(d)  Integrally work with the boards of trustees of the
2803	state universities and community colleges.
2804	(2)(a)  The Commissioner of Education shall annually report
2805	the state's educational performance on state and national
2806	measures and shall recommend to the State Board of Education
2807	performance goals addressing the educational needs of the state
2808	for the K-20 education system. The Council for Education Policy
2809	Research and Improvement, as an independent entity, shall
2810	develop a report card assigning grades to indicate Florida's
2811	progress toward meeting those goals. The annual report card
2812	shall contain information showing Florida's performance relative
2813	to other states on selected measures, as well as Florida's
2814	ability to meet the need for postsecondary degrees and programs
2815	and how well the Legislature has provided resources to meet this
2816	need. The information shall include the results of the National
2817	Assessment of Educational Progress or a similar national
2818	assessment program administered to students in Florida. By
2819	January 1 of each year, the Council for Education Policy
2820	Research and Improvement shall submit the report card to the
2821	Legislature, the Governor, and the public.
2822	(b)  Prior to the regular legislative session, the
2823	Commissioner of Education shall present to the Legislature a
2824	plan for correcting any deficiencies identified in the report
2825	card.
2826	(3)  Notwithstanding any other provision of law to the
2827	contrary, the Commissioner of Education, in conjunction with the
2828	Legislature, and the Board of Governors regarding the State
2829	University System, must recommend funding priorities for the
2830	distribution of capital outlay funds for public postsecondary
2831	educational institutions, based on priorities that include, but
2832	are not limited to, the following criteria:
2833	(a)  Growth at the institutions.
2834	(b)  Need for specific skills statewide.
2835	(c)  Need for maintaining and repairing existing
2836	facilities.
2837	Section 72.  Paragraph (e) of subsection (4) of section
2838	1001.20, Florida Statutes, is amended to read:
2839	1001.20  Department under direction of state board.--
2840	(4)  The Department of Education shall establish the
2841	following offices within the Office of the Commissioner of
2842	Education which shall coordinate their activities with all other
2843	divisions and offices:
2844	(e)  Office of Inspector General.--Organized using existing
2845	resources and funds and responsible for promoting
2846	accountability, efficiency, and effectiveness and detecting
2847	fraud and abuse within school districts, the Florida School for
2848	the Deaf and the Blind, and community colleges, and state
2849	universities in Florida. If the Commissioner of Education
2850	determines that a district school board, the Board of Trustees
2851	for the Florida School for the Deaf and the Blind, or a
2852	community college public postsecondary educational institution
2853	board of trustees is unwilling or unable to address
2854	substantiated allegations made by any person relating to waste,
2855	fraud, or financial mismanagement within the school district,
2856	the Florida School for the Deaf and the Blind, or the community
2857	college, the office shall conduct, coordinate, or request
2858	investigations into such substantiated allegations made by any
2859	person relating to waste, fraud, or financial mismanagement
2860	within school districts, the Florida School for the Deaf and the
2861	Blind , community colleges, and state universities in Florida.
2862	The office shall have access to all information and personnel
2863	necessary to perform its duties and shall have all of its
2864	current powers, duties, and responsibilities authorized in s.
2865	20.055.
2866	Section 73.  Section 1001.28, Florida Statutes, is amended
2867	to read:
2868	1001.28  Distance learning duties.--The duties of the
2869	Department of Education concerning distance learning include,
2870	but are not limited to, the duty to:
2871	(1)  Facilitate the implementation of a statewide
2872	coordinated system and resource system for cost-efficient
2873	advanced telecommunications services and distance education
2874	which will increase overall student access to education.
2875	(2)  Coordinate the use of existing resources, including,
2876	but not limited to, the state's satellite transponders on the
2877	education satellites, the SUNCOM Network, the Florida
2878	Information Resource Network (FIRN), the Department of
2879	Management Services, the Department of Corrections, and the
2880	Department of Children and Family Services' satellite
2881	communication facilities to support a statewide advanced
2882	telecommunications services and distance learning network.
2883	(3)  Assist in the coordination of the utilization of the
2884	production and uplink capabilities available through Florida's
2885	public television stations, eligible facilities, independent
2886	colleges and universities, private firms, and others as needed.
2887	(4)  Seek the assistance and cooperation of Florida's cable
2888	television providers in the implementation of the statewide
2889	advanced telecommunications services and distance learning
2890	network.
2891	(5)  Seek the assistance and cooperation of Florida's
2892	telecommunications carriers to provide affordable student access
2893	to advanced telecommunications services and to distance
2894	learning.
2895	(6)  Coordinate partnerships for development, acquisition,
2896	use, and distribution of distance learning.
2897	(7)  Secure and administer funding for programs and
2898	activities for distance learning from federal, state, local, and
2899	private sources and from fees derived from services and
2900	materials.
2901	(8)  Manage the state's satellite transponder resources and
2902	enter into lease agreements to maximize the use of available
2903	transponder time. All net revenue realized through the leasing
2904	of available transponder time, after deducting the costs of
2905	performing the management function, shall be recycled to support
2906	the public education distance learning in this state based upon
2907	an allocation formula of one-third to the Department of
2908	Education, one-third to community colleges, and one-third to
2909	state universities.
2910	(9)  Hire appropriate staff which may include a position
2911	that shall be exempt from part II of chapter 110 and is included
2912	in the Senior Management Service in accordance with s. 110.205.
2913
2914	Nothing in this section shall be construed to abrogate,
2915	supersede, alter, or amend the powers and duties of any state
2916	agency, district school board, community college board of
2917	trustees, university board of trustees, the Board of Governors,
2918	or the State Board of Education.
2919	Section 74.  Subsection (17) of section 1001.64, Florida
2920	Statutes, is amended to read:
2921	1001.64  Community college boards of trustees; powers and
2922	duties.--
2923	(17)  Each board of trustees is accountable for performance
2924	in certificate career education and diploma programs pursuant to
2925	s. 1008.43 1008.44.
2926	Section 75.  Section 1001.70, Florida Statutes, is amended
2927	to read:
2928	1001.70  Board of Governors of the State University
2929	System.--
2930	(1)  Pursuant to s. 7(d), Art. IX of the State
2931	Constitution, the Board of Governors is established as a body
2932	corporate comprised of 17 members as follows: 14 citizen members
2933	appointed by the Governor subject to confirmation by the Senate;
2934	the Commissioner of Education; the chair of the advisory council
2935	of faculty senates or the equivalent; and the president of the
2936	Florida student association or the equivalent. The appointed
2937	members shall serve staggered 7-year terms. In order to achieve
2938	staggered terms, beginning July 1, 2003, of the initial
2939	appointments, 4 members shall serve 2-year terms, 5 members
2940	shall serve 3-year terms, and 5 members shall serve 7-year
2941	terms.
2942	(2)  Members of the Board of Governors shall receive no
2943	compensation but may be reimbursed for travel and per diem
2944	expenses as provided in s. 112.061.
2945	(3)  The Board of Governors, in exercising its authority
2946	under the State Constitution and statutes, shall exercise its
2947	authority in a manner that supports, promotes, and enhances a K-
2948	20 education system that provides affordable access to
2949	postsecondary educational opportunities for residents of the
2950	state to the extent authorized by the State Constitution and
2951	state law.
2952	Section 76.  Section 1001.706, Florida Statutes, is created
2953	to read:
2954	1001.706  Powers and duties of the Board of Governors.--
2955	(1)  GENERAL PROVISIONS.--
2956	(a)  For each constituent university, the Board of
2957	Governors, or the board's designee, shall be responsible for
2958	cost-effective policy decisions appropriate to the university's
2959	mission, the implementation and maintenance of high-quality
2960	education programs within law, the measurement of performance,
2961	the reporting of information, and the provision of input
2962	regarding state policy, budgeting, and education standards.
2963	(b)  The Board of Governors shall adopt rules pursuant to
2964	chapter 120 when acting pursuant to statutory authority derived
2965	from the Legislature. The Board of Governors may adopt rules
2966	pursuant to chapter 120 when exercising the powers, duties, and
2967	authority granted by s. 7, Art. IX of the State Constitution.
2968	(2)  POWERS AND DUTIES RELATING TO ORGANIZATION AND
2969	OPERATION OF STATE UNIVERSITIES.--
2970	(a)  The Board of Governors, or the board's designee, shall
2971	develop guidelines and procedures related to data and
2972	technology, including information systems, communications
2973	systems, computer hardware and software, and networks.
2974	(b)  The Board of Governors shall develop guidelines
2975	relating to divisions of sponsored research, pursuant to the
2976	provisions of s. 1004.22, to serve the function of
2977	administration and promotion of the programs of research.
2978	(c)  The Board of Governors shall prescribe conditions for
2979	direct-support organizations and university health services
2980	support organizations to be certified and to use university
2981	property and services. Conditions relating to certification must
2982	provide for audit review and oversight by the Board of
2983	Governors.
2984	(d)  The Board of Governors shall develop guidelines for
2985	supervising faculty practice plans for the academic health
2986	science centers.
2987	(e)  The Board of Governors shall ensure that students at
2988	state universities have access to general education courses as
2989	provided in the statewide articulation agreement, pursuant to s.
2990	1007.23.
2991	(f)  The Board of Governors shall approve baccalaureate
2992	degree programs that require more than 120 semester credit hours
2993	of coursework prior to such programs being offered by a state
2994	university. At least half of the required coursework for any
2995	baccalaureate degree must be offered at the lower-division
2996	level, except in program areas approved by the Board of
2997	Governors.
2998	(g)  The Board of Governors, or the board's designee, shall
2999	adopt a written antihazing policy, appropriate penalties for
3000	violations of such policy, and a program for enforcing such
3001	policy.
3002	(h)  The Board of Governors, or the board's designee, may
3003	establish a uniform code of conduct and appropriate penalties
3004	for violations of its rules by students and student
3005	organizations, including rules governing student academic
3006	honesty. Such penalties, unless otherwise provided by law, may
3007	include reasonable fines, the withholding of diplomas or
3008	transcripts pending compliance with rules or payment of fines,
3009	and the imposition of probation, suspension, or dismissal.
3010	(3)  POWERS AND DUTIES RELATING TO FINANCE.--
3011	(a)  The Board of Governors, or the board's designee, shall
3012	account for expenditures of all state, local, federal, and other
3013	funds. Such accounting systems shall have appropriate audit and
3014	internal controls in place that will enable the constituent
3015	universities to satisfactorily and timely perform all accounting
3016	and reporting functions required by state and federal law and
3017	rules.
3018	(b)  The Board of Governors shall prepare the legislative
3019	budget requests for the State University System, including a
3020	request for fixed capital outlay, and submit them to the State
3021	Board of Education for inclusion in the K-20 legislative budget
3022	request. The Board of Governors shall provide the state
3023	universities with fiscal policy guidelines, formats, and
3024	instruction for the development of individual university budget
3025	requests.
3026	(c)  The Board of Governors, or the board's designee, shall
3027	establish tuition and fees pursuant to ss. 1009.24 and 1009.26.
3028	(d)  The Board of Governors, or the board's designee, is
3029	authorized to secure comprehensive general liability insurance
3030	pursuant to s. 1004.24.
3031	(4)  POWERS AND DUTIES RELATING TO ACCOUNTABILITY.--
3032	(a)  The Board of Governors shall develop a strategic plan
3033	specifying goals and objectives for the State University System
3034	and each constituent university.
3035	(b)  The Board of Governors shall develop an accountability
3036	plan for the State University System and each constituent
3037	university.
3038	(c)  The Board of Governors shall maintain an effective
3039	information system to provide accurate, timely, and cost-
3040	effective information about each university. The board shall
3041	continue to collect and maintain, at a minimum, the management
3042	information databases as such databases existed on June 30,
3043	2002.
3044	(d)  If the Board of Governors of the State University
3045	System determines that a state university board of trustees is
3046	unwilling or unable to address substantiated allegations made by
3047	any person relating to waste, fraud, or financial mismanagement
3048	within the state university, the Office of the Inspector General
3049	shall investigate the allegations.
3050	(5)  POWERS AND DUTIES RELATING TO PERSONNEL.--
3051	(a)  The Board of Governors, or the board's designee, shall
3052	establish the personnel program for all employees of a state
3053	university, including the president.
3054	(b)  The Department of Management Services shall retain
3055	authority over state university employees for programs
3056	established in ss. 110.123, 110.161, 110.1232, 110.1234, and
3057	110.1238 and in chapters 121, 122, and 238. Unless specifically
3058	authorized by law, neither the Board of Governors nor a state
3059	university may offer group insurance programs for employees as a
3060	substitute for or as an alternative to the health insurance
3061	programs offered pursuant to chapter 110.
3062	(c)  Except as otherwise provided by law, university
3063	employees are public employees for purposes of chapter 112 and
3064	any payment for travel and per diem expenses shall not exceed
3065	the level specified in s. 112.061.
3066	(6)  POWERS AND DUTIES RELATING TO PROPERTY.--
3067	(a)  The Board of Governors shall develop guidelines for
3068	university boards of trustees relating to the acquisition of
3069	real and personal property and the sale and disposal thereof and
3070	the approval and execution of contracts for the purchase, sale,
3071	lease, license, or acquisition of commodities, goods, equipment,
3072	contractual services, leases of real and personal property, and
3073	construction. The acquisition may include purchase by
3074	installment or lease-purchase. Such contracts may provide for
3075	payment of interest on the unpaid portion of the purchase price.
3076	Title to all real property acquired prior to January 7, 2003,
3077	and to all real property acquired with funds appropriated by the
3078	Legislature shall be vested in the Board of Trustees of the
3079	Internal Improvement Trust Fund and shall be transferred and
3080	conveyed by it. Notwithstanding any other provisions of this
3081	subsection, each board of trustees shall comply with the
3082	provisions of s. 287.055 for the procurement of professional
3083	services as defined therein. Any acquisition pursuant to this
3084	paragraph is subject to the provisions of s. 1010.62.
3085	(b)  The Board of Governors shall develop guidelines for
3086	university boards of trustees relating to the use, maintenance,
3087	protection, and control of university-owned or university-
3088	controlled buildings and grounds, property and equipment, name,
3089	trademarks and other proprietary marks, and the financial and
3090	other resources of the university. Such authority may include
3091	placing restrictions on activities and on access to facilities,
3092	firearms, food, tobacco, alcoholic beverages, distribution of
3093	printed materials, commercial solicitation, animals, and sound.
3094	The authority provided the board of trustees in this subsection
3095	includes the prioritization of the use of space, property,
3096	equipment, and resources and the imposition of charges for those
3097	items.
3098	(c)  The Board of Governors, or the board's designee, shall
3099	administer a program for the maintenance and construction of
3100	facilities pursuant to chapter 1013.
3101	(d)  The Board of Governors, or the board's designee, shall
3102	ensure compliance with the provisions of s. 287.09451 for all
3103	procurement and ss. 255.101 and 255.102 for construction
3104	contracts, and rules adopted pursuant thereto, relating to the
3105	utilization of minority business enterprises, except that
3106	procurements costing less than the amount provided for in
3107	CATEGORY FIVE as provided in s. 287.017 shall not be subject to
3108	s. 287.09451.
3109	(e)  Notwithstanding the provisions of s. 253.025 but
3110	subject to the provisions of s. 1010.62, the Board of Governors,
3111	or the board's designee, may, with the consent of the Board of
3112	Trustees of the Internal Improvement Trust Fund, sell, convey,
3113	transfer, exchange, trade, or purchase real property and related
3114	improvements necessary and desirable to serve the needs and
3115	purposes of the university.
3116	1.  The Board of Governors, or the board's designee, may
3117	secure appraisals and surveys. The Board of Governors, or the
3118	board's designee, shall comply with the rules of the Board of
3119	Trustees of the Internal Improvement Trust Fund in securing
3120	appraisals. Whenever the Board of Governors, or the board's
3121	designee, finds it necessary for timely property acquisition, it
3122	may contract, without the need for competitive selection, with
3123	one or more appraisers whose names are contained on the list of
3124	approved appraisers maintained by the Division of State Lands in
3125	the Department of Environmental Protection.
3126	2.  The Board of Governors, or the board's designee, may
3127	negotiate and enter into an option contract before an appraisal
3128	is obtained. The option contract must state that the final
3129	purchase price may not exceed the maximum value allowed by law.
3130	The consideration for such an option contract may not exceed 10
3131	percent of the estimate obtained by the Board of Governors, or
3132	the board's designee, or 10 percent of the value of the parcel,
3133	whichever is greater, unless otherwise authorized by the Board
3134	of Governors or the board's designee.
3135	3.  This paragraph is not intended to abrogate in any
3136	manner the authority delegated to the Board of Trustees of the
3137	Internal Improvement Trust Fund or the Division of State Lands
3138	to approve a contract for purchase of state lands or to require
3139	policies and procedures to obtain clear legal title to parcels
3140	purchased for state purposes. Title to property acquired by a
3141	university board of trustees prior to January 7, 2003, and to
3142	property acquired with funds appropriated by the Legislature
3143	shall vest in the Board of Trustees of the Internal Improvement
3144	Trust Fund.
3145	(f)  The Board of Governors, or the board's designee, shall
3146	prepare and adopt a campus master plan pursuant to s. 1013.30.
3147	(g)  The Board of Governors, or the board's designee, shall
3148	prepare, adopt, and execute a campus development agreement
3149	pursuant to s. 1013.30.
3150	(h)  Notwithstanding the provisions of s. 216.351, the
3151	Board of Governors, or the board's designee, may authorize the
3152	rent or lease of parking facilities provided that such
3153	facilities are funded through parking fees or parking fines
3154	imposed by a university. The Board of Governors, or the board's
3155	designee, may authorize a university board of trustees to charge
3156	fees for parking at such rented or leased parking facilities.
3157	(7)  COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND
3158	REQUIREMENTS.--The Board of Governors has responsibility for
3159	compliance with state and federal laws, rules, regulations, and
3160	requirements.
3161	(8)  COOPERATION WITH OTHER BOARDS.--The Board of Governors
3162	shall implement a plan for working on a regular basis with the
3163	State Board of Education, the Commission for Independent
3164	Education, the university boards of trustees, representatives of
3165	the community college boards of trustees, representatives of the
3166	private colleges and universities, and representatives of the
3167	district school boards to achieve a seamless education system.
3168	(9)  The Board of Governors is prohibited from assessing
3169	any fee on state universities, unless specifically authorized by
3170	law.
3171	Section 77.  Subsections (3) and (4) of section 1001.71,
3172	Florida Statutes, are amended to read:
3173	1001.71  University boards of trustees; membership.--
3174	(3)  University boards of trustees are a part of the
3175	executive branch of state government. Each board of trustees
3176	shall select its chair and vice chair from the appointed members
3177	at its first regular meeting after July 1. The chair shall serve
3178	for 2 years and may be reselected for one additional consecutive
3179	term. The duties of the chair shall include presiding at all
3180	meetings of the board of trustees, calling special meetings of
3181	the board of trustees, and attesting to actions of the board of
3182	trustees. The duty of the vice chair is to act as chair during
3183	the absence or disability of the chair.
3184	(4)  The university president shall serve as executive
3185	officer and corporate secretary of the board of trustees and
3186	shall be responsible to the board of trustees for all operations
3187	of the university and for setting the agenda for meetings of the
3188	board of trustees in consultation with the chair.
3189	Section 78.  Section 1001.72, Florida Statutes, is amended
3190	to read:
3191	1001.72  University boards of trustees; boards to
3192	constitute a corporation.--
3193	(1)  Each board of trustees shall be a public body
3194	corporate by the name of "The (name of university) Board of
3195	Trustees," with all the powers of a body corporate, including
3196	the power to adopt a corporate seal, to contract and be
3197	contracted with, to sue and be sued, to plead and be impleaded
3198	in all courts of law or equity, and to give and receive
3199	donations. In all suits against a board of trustees, service of
3200	process shall be made on the chair of the board of trustees or,
3201	in the absence of the chair, on the corporate secretary or
3202	designee.
3203	(2)  It is the intent of the Legislature that the
3204	university boards of trustees are not departments of the
3205	executive branch of state government within the scope and
3206	meaning of s. 6, Art. IV of the State Constitution.
3207	(2)(3)  The corporation is constituted as a public
3208	instrumentality, and the exercise by the corporation of the
3209	power conferred by this section is considered to be the
3210	performance of an essential public function. The corporation
3211	shall constitute an agency for the purposes of s. 120.52. The
3212	corporation is subject to chapter 119 and s. 24, Art. I of the
3213	State Constitution, subject to exceptions applicable to the
3214	corporation, and to the provisions of chapter 286; however, the
3215	corporation shall be entitled to provide notice of internal
3216	review committee meetings for competitive proposals or
3217	procurement to applicants by mail or facsimile rather than by
3218	means of publication. The corporation is not governed by chapter
3219	607, but by the provisions of this part. The corporation shall
3220	maintain coverage under the State Risk Management Trust Fund as
3221	provided in chapter 284.
3222	(4)  No bureau, department, division, agency, or
3223	subdivision of the state shall exercise any responsibility and
3224	authority to operate any state university except as specifically
3225	provided by law or rules of the State Board of Education. This
3226	section shall not prohibit any department, bureau, division,
3227	agency, or subdivision of the state from providing access to
3228	programs or systems or providing other assistance to a state
3229	university pursuant to an agreement between the board of
3230	trustees and such department, bureau, division, agency, or
3231	subdivision of the state.
3232	(5)  University boards of trustees shall be corporations
3233	primarily acting as instrumentalities or agencies of the state,
3234	pursuant to s. 768.28(2), for purposes of sovereign immunity.
3235	Section 79.  Subsections (2) and (4) of section 1001.73,
3236	Florida Statutes, are amended to read:
3237	1001.73  University board empowered to act as trustee.--
3238	(2)  Deeds, mortgages, leases, and other contracts of the
3239	university board of trustees relating to real property of any
3240	such trust or any interest therein may be executed by the
3241	university board of trustees, as trustee, in the same manner as
3242	is provided by the laws of the state for the execution of
3243	similar documents by other corporations or may be executed by
3244	the signatures of a majority of the members of the board of
3245	trustees; however, to be effective, any such deed, mortgage, or
3246	lease contract for more than 10 years of any trust property,
3247	executed hereafter by the university board of trustees, shall be
3248	approved by a resolution of the Board of Governors State Board
3249	of Education; and such approving resolution may be evidenced by
3250	the signature of either the chair or the secretary of the Board
3251	of Governors State Board of Education to an endorsement on the
3252	instrument approved, reciting the date of such approval, and
3253	bearing the seal of the Board of Governors State Board of
3254	Education. Such signed and sealed endorsement shall be a part of
3255	the instrument and entitled to record without further proof.
3256	(4)  Nothing herein shall be construed to authorize a
3257	university board of trustees to contract a debt on behalf of, or
3258	in any way to obligate, the state; and the satisfaction of any
3259	debt or obligation incurred by the university board as trustee
3260	under the provisions of this section shall be exclusively from
3261	the trust property, mortgaged or encumbered; and nothing herein
3262	shall in any manner affect or relate to the provisions of ss.
3263	1010.61-1010.619 or s. 1013.78; and any mortgage, lease, or
3264	other agreement entered into pursuant to this section is subject
3265	to the provisions of s. 1010.62.
3266	Section 80.  Section 1001.74, Florida Statutes, is amended
3267	to read:
3268	(Substantial rewording of section. See
3269	s. 1001.74, F.S., for present text.)
3270	1001.74  Powers and duties of university boards of
3271	trustees.--
3272	(1)  GENERAL PROVISIONS.--
3273	(a)  Pursuant to s. 7(c), Art. IX of the State Constitution
3274	and except as otherwise provided by law, the Board of Governors
3275	shall establish the powers and duties of the university boards
3276	of trustees.
3277	(b)  To the extent delegated by the Board of Governors
3278	pursuant to s. 1001.706, the boards of trustees shall be
3279	responsible for cost-effective policy decisions appropriate to
3280	the university's mission, the implementation and maintenance of
3281	high-quality education programs within law and guidelines of the
3282	Board of Governors, the measurement of performance, the
3283	reporting of information, and the provision of input regarding
3284	state policy, budgeting, and education standards.
3285	(c)  Each board of trustees is vested with the authority to
3286	govern its university as necessary to provide proper governance
3287	and improvement of the university in accordance with law and
3288	with guidelines of the Board of Governors.
3289	(d)  Each board of trustees shall perform all duties
3290	assigned by law or by the Board of Governors.
3291	(e)  Each board of trustees shall adopt rules pursuant to
3292	chapter 120 when acting pursuant to statutory authority derived
3293	from the Legislature. Each board of trustees may adopt rules
3294	pursuant to chapter 120 when exercising the powers, duties, and
3295	authority granted by s. 7, Art. IX of the State Constitution.
3296	(2)  POWERS AND DUTIES RELATING TO ORGANIZATION AND
3297	OPERATION OF STATE UNIVERSITIES.--
3298	(a)  Each board of trustees constitutes the contracting
3299	agent of the university. Each university shall comply with the
3300	provisions of s. 287.055 for the procurement of professional
3301	services and may approve and execute all contracts for planning,
3302	construction, and equipment. For the purpose of a university's
3303	contracting authority, a "continuing contract" for professional
3304	services under the provisions of s. 287.055 is one in which
3305	construction costs do not exceed $1 million or the fee for study
3306	activity does not exceed $100,000. Contracts executed pursuant
3307	to this paragraph are subject to the requirements of s. 1010.62.
3308	(b)  Each board of trustees shall submit to the Board of
3309	Governors, for approval, all new campuses and instructional
3310	centers.
3311	(c)  Each board of trustees has responsibility for
3312	requiring no more than 120 semester hours of coursework for
3313	baccalaureate degree programs unless approved by the Board of
3314	Governors. At least half of the required coursework for any
3315	baccalaureate degree must be offered at the lower-division
3316	level, except in program areas approved by the Board of
3317	Governors.
3318	(d)  Each board of trustees has responsibility for ensuring
3319	that students have access to general education courses as
3320	provided in the statewide articulation agreement, pursuant to s.
3321	1007.23.
3322	(e)  To the extent delegated by the Board of Governors
3323	pursuant to s. 1001.706, each board of trustees shall adopt a
3324	written antihazing policy, appropriate penalties for violations
3325	of such policy, and a program for enforcing such policy.
3326	(f)  To the extent delegated by the Board of Governors
3327	pursuant to s. 1001.706, each board of trustees shall establish
3328	a uniform code of conduct and appropriate penalties for
3329	violations of its rules by students and student organizations,
3330	including rules governing student academic honesty. Such
3331	penalties, unless otherwise provided by law, may include
3332	reasonable fines, the withholding of diplomas or transcripts
3333	pending compliance with rules or payment of fines, and the
3334	imposition of probation, suspension, or dismissal.
3335	(g)  Each board of trustees is authorized to create
3336	divisions of sponsored research pursuant to the provisions of s.
3337	1004.22 and guidelines of the Board of Governors to serve the
3338	function of administration and promotion of the programs of
3339	research.
3340	(h)  Each board of trustees may develop and produce work
3341	products relating to educational endeavors that are subject to
3342	trademark, copyright, or patent statutes pursuant to s. 1004.23.
3343	(i)  To the extent delegated by the Board of Governors
3344	pursuant to s. 1001.706, each board of trustees shall develop
3345	guidelines and procedures related to data and technology,
3346	including information systems, communications systems, computer
3347	hardware and software, and networks.
3348	(j)  Each board of trustees shall govern traffic on its
3349	campus pursuant to s. 1006.66.
3350	(k)  A board of trustees has responsibility for supervising
3351	faculty practice plans for the academic health science centers
3352	pursuant to guidelines of the Board of Governors.
3353	(l)  Each board of trustees may certify direct-support
3354	organizations and university health services support
3355	organizations to use university property and services in
3356	accordance with guidelines of the Board of Governors.
3357	(m)  Each board of trustees may establish educational
3358	research centers for child development pursuant to s. 1011.48.
3359	(3)  POWERS AND DUTIES RELATING TO FINANCE.--
3360	(a)  To the extent delegated by the Board of Governors
3361	pursuant to s. 1001.706, each board of trustees shall account
3362	for expenditures of all state, local, federal, and other funds.
3363	Such accounting systems shall have appropriate audit and
3364	internal controls in place that will enable the university to
3365	satisfactorily and timely perform all accounting and reporting
3366	functions required by state and federal law and rules.
3367	(b)  Each board of trustees shall submit an institutional
3368	budget request, including a request for fixed capital outlay,
3369	and an operating budget to the Board of Governors for approval
3370	in accordance with guidelines established by the Board of
3371	Governors.
3372	(c)  To the extent delegated by the Board of Governors
3373	pursuant to s. 1001.706, each board of trustees shall establish
3374	tuition and fees pursuant to ss. 1009.24 and 1009.26.
3375	(d)  To the extent delegated by the Board of Governors
3376	pursuant to s. 1001.706, each board of trustees is authorized to
3377	secure comprehensive general liability insurance pursuant to s.
3378	1004.24.
3379	(e)  Each board of trustees may provide for payment of the
3380	costs of civil actions against officers, employees, or agents of
3381	the board pursuant to s. 1012.965.
3382	(f)  Each board of trustees may enter into agreements for,
3383	and accept, credit card payments as compensation for goods,
3384	services, tuition, and fees.
3385	(4)  POWERS AND DUTIES RELATING TO ACCOUNTABILITY.--
3386	(a)  Each board of trustees shall develop a strategic plan
3387	specifying institutional goals and objectives for the university
3388	for recommendation to and approval by the Board of Governors.
3389	(b)  Each board of trustees shall develop an accountability
3390	plan pursuant to guidelines established by the Board of
3391	Governors.
3392	(c)  Each board of trustees shall maintain an effective
3393	information system to provide accurate, timely, and cost-
3394	effective information about the university pursuant to
3395	guidelines of the Board of Governors.
3396	(5)  POWERS AND DUTIES RELATING TO PERSONNEL.--
3397	(a)  To the extent delegated by the Board of Governors
3398	pursuant to s. 1001.706, each board of trustees shall establish
3399	the personnel program for all employees of the university,
3400	including the president.
3401	(b)  The Department of Management Services shall retain
3402	authority over state university employees for programs
3403	established in ss. 110.123, 110.161, 110.1232, 110.1234, and
3404	110.1238 and in chapters 121, 122, and 238. Unless specifically
3405	authorized by law, neither the Board of Governors nor a state
3406	university may offer group insurance programs for employees as a
3407	substitute for or as an alternative to the health insurance
3408	programs offered pursuant to chapter 110.
3409	(c)  Except as otherwise provided by law, university
3410	employees are public employees for purposes of chapter 112 and
3411	the payment for travel and per diem shall not exceed the level
3412	specified in s. 112.061.
3413	(6)  POWERS AND DUTIES RELATING TO PROPERTY.--
3414	(a)  Each board of trustees shall have the authority to
3415	acquire real and personal property and contract for its sale and
3416	disposal and approve and execute contracts for the purchase,
3417	sale, lease, license, or acquisition of commodities, goods,
3418	equipment, contractual services, leases of real and personal
3419	property, and construction in accordance with law and guidelines
3420	of the Board of Governors. The acquisition may include purchase
3421	by installment or lease-purchase. Such contracts may provide for
3422	payment of interest on the unpaid portion of the purchase price.
3423	Title to all real property acquired prior to January 7, 2003,
3424	and to all real property acquired with funds appropriated by the
3425	Legislature shall be vested in the Board of Trustees of the
3426	Internal Improvement Trust Fund and shall be transferred and
3427	conveyed by it. Notwithstanding any other provisions of this
3428	subsection, each board of trustees shall comply with the
3429	provisions of s. 287.055 for the procurement of professional
3430	services as defined therein. Any acquisition pursuant to this
3431	paragraph is subject to the provisions of s. 1010.62.
3432	(b)  Each board of trustees shall have responsibility for
3433	the use, maintenance, protection, and control of university-
3434	owned or university-controlled buildings and grounds, property
3435	and equipment, name, trademarks and other proprietary marks, and
3436	the financial and other resources of the university pursuant to
3437	guidelines of the Board of Governors. Such authority may include
3438	placing restrictions on activities and on access to facilities,
3439	firearms, food, tobacco, alcoholic beverages, distribution of
3440	printed materials, commercial solicitation, animals, and sound.
3441	The authority vested in the board of trustees in this subsection
3442	includes the prioritization of the use of space, property,
3443	equipment, and resources and the imposition of charges for those
3444	items.
3445	(c)  To the extent delegated by the Board of Governors
3446	pursuant to s. 1001.706, each board of trustees shall administer
3447	a program for the maintenance and construction of facilities
3448	pursuant to chapter 1013.
3449	(d)  To the extent delegated by the Board of Governors
3450	pursuant to s. 1001.706, each board of trustees shall ensure
3451	compliance with the provisions of s. 287.09451 for all
3452	procurement and ss. 255.101 and 255.102 for construction
3453	contracts, and rules adopted pursuant thereto, relating to the
3454	utilization of minority business enterprises, except that
3455	procurements costing less than the amount provided for in
3456	CATEGORY FIVE as provided in s. 287.017 shall not be subject to
3457	s. 287.09451.
3458	(e)  Each board of trustees may exercise the right of
3459	eminent domain pursuant to the provisions of chapter 1013. Any
3460	suits or actions brought by the board of trustees shall be
3461	brought in the name of the board of trustees, and the Department
3462	of Legal Affairs shall conduct the proceedings for, and act as
3463	the counsel of, the board of trustees.
3464	(f)  Notwithstanding the provisions of s. 253.025 but
3465	subject to the provisions of s. 1010.62, each board of trustees
3466	may, to the extent delegated by the Board of Governors pursuant
3467	to s. 1001.706 and with the consent of the Board of Trustees of
3468	the Internal Improvement Trust Fund, sell, convey, transfer,
3469	exchange, trade, or purchase real property and related
3470	improvements necessary and desirable to serve the needs and
3471	purposes of the university.
3472	1.  To the extent delegated by the Board of Governors
3473	pursuant to s. 1001.706, each board of trustees may secure
3474	appraisals and surveys. The board of trustees shall comply with
3475	the rules of the Board of Trustees of the Internal Improvement
3476	Trust Fund in securing appraisals. Whenever the board of
3477	trustees finds it necessary for timely property acquisition, it
3478	may contract, without the need for competitive selection, with
3479	one or more appraisers whose names are contained on the list of
3480	approved appraisers maintained by the Division of State Lands in
3481	the Department of Environmental Protection.
3482	2.  To the extent delegated by the Board of Governors
3483	pursuant to s. 1001.706, each board of trustees may negotiate
3484	and enter into an option contract before an appraisal is
3485	obtained. The option contract must state that the final purchase
3486	price may not exceed the maximum value allowed by law. The
3487	consideration for such an option contract may not exceed 10
3488	percent of the estimate obtained by the board of trustees or 10
3489	percent of the value of the parcel, whichever is greater, unless
3490	otherwise authorized by the board of trustees.
3491	3.  This paragraph is not intended to abrogate in any
3492	manner the authority delegated to the Board of Trustees of the
3493	Internal Improvement Trust Fund or the Division of State Lands
3494	to approve a contract for purchase of state lands or to require
3495	policies and procedures to obtain clear legal title to parcels
3496	purchased for state purposes. Title to property acquired by a
3497	university board of trustees prior to January 7, 2003, and to
3498	property acquired with funds appropriated by the Legislature
3499	shall vest in the Board of Trustees of the Internal Improvement
3500	Trust Fund.
3501	(g)  To the extent delegated by the Board of Governors
3502	pursuant to s. 1001.706, each board of trustees shall prepare
3503	and adopt a campus master plan pursuant to s. 1013.30.
3504	(h)  To the extent delegated by the Board of Governors
3505	pursuant to s. 1001.706, each board of trustees shall prepare,
3506	adopt, and execute a campus development agreement pursuant to s.
3507	1013.30.
3508	(i)  Notwithstanding the provisions of s. 216.351 and to
3509	the extent delegated by the Board of Governors pursuant to s.
3510	1001.706, a board of trustees may authorize the rent or lease of
3511	parking facilities, provided that such facilities are funded
3512	through parking fees or parking fines imposed by a university.
3513	With authorization from the Board of Governors, a board of
3514	trustees may charge fees for parking at such rented or leased
3515	parking facilities.
3516	(j)  Each board of trustees shall adjust property records
3517	and dispose of state-owned tangible property in the university's
3518	custody in accordance with procedures established by the board
3519	of trustees in accordance with the provisions of chapter 273.
3520	Notwithstanding the provisions of s. 273.055(5), all moneys
3521	received from the disposition of state-owned tangible personal
3522	property shall be retained by the university and disbursed for
3523	the acquisition of tangible personal property and for all
3524	necessary operating expenditures. The university shall maintain
3525	records of the accounts into which such moneys are deposited.
3526	(7)  COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND
3527	REQUIREMENTS.--Each board of trustees has responsibility for
3528	compliance with state and federal laws, rules, regulations, and
3529	requirements.
3530	(8)  OTHER POWERS AND DUTIES.--A board of trustees shall
3531	perform such other duties as are provided by law or at the
3532	direction of the Board of Governors.
3533	(9)  DELEGATION OF POWERS AND DUTIES.--If the Board of
3534	Governors has the power to, and does, delegate a power or duty
3535	to a university board of trustees as the designee, the
3536	rulemaking authority of the Board of Governors for that power or
3537	duty is included in the delegation.
3538	Section 81.  Paragraph (a) of subsection (2) and subsection
3539	(4) of section 1002.35, Florida Statutes, are amended to read:
3540	1002.35  New World School of the Arts.--
3541	(2)(a)  For purposes of governance, the New World School of
3542	the Arts is assigned to Miami-Dade Community College, the Dade
3543	County School District, and one or more universities designated
3544	by the State Board of Education. The State Board of Education,
3545	in conjunction with the Board of Governors, shall assign to the
3546	New World School of the Arts a university partner or partners.
3547	In this selection, the State Board of Education and the Board of
3548	Governors shall consider the accreditation status of the core
3549	programs. Florida International University, in its capacity as
3550	the provider of university services to Dade County, shall be a
3551	partner to serve the New World School of the Arts, upon meeting
3552	the accreditation criteria. The respective boards shall appoint
3553	members to an executive board for administration of the school.
3554	The executive board may include community members and shall
3555	reflect proportionately the participating institutions. Miami-
3556	Dade Community College shall serve as fiscal agent for the
3557	school.
3558	(4)  The State Board of Education and the Board of
3559	Governors shall utilize resources, programs, and faculty from
3560	the various state universities in planning and providing the
3561	curriculum and courses at the New World School of the Arts,
3562	drawing on program strengths at each state university.
3563	Section 82.  Subsection (8) of section 1002.41, Florida
3564	Statutes, is amended to read:
3565	1002.41  Home education programs.--
3566	(8)  Home education students are eligible for admission to
3567	state universities in accordance with the policies and
3568	guidelines of the Board of Governors provisions of s. 1007.261.
3569	Section 83.  Subsections (1) and (3) of section 1004.03,
3570	Florida Statutes, are amended to read:
3571	1004.03  Program approval.--
3572	(1)  The Board of Governors State Board of Education shall
3573	establish criteria for the approval of new programs at state
3574	universities that will receive any support from tuition and fees
3575	assessed pursuant to s. 1009.24 or from funds appropriated by
3576	the Legislature through the General Appropriations Act or other
3577	law. These, which criteria include, but are not limited to, the
3578	following:
3579	(a)  New programs may not be approved unless the same
3580	objectives cannot be met through use of educational technology.
3581	(b)  Unnecessary duplication of programs offered by public
3582	and independent institutions shall be avoided.
3583	(c)  Cooperative programs, particularly within regions,
3584	should be encouraged.
3585	(d)  New programs shall be approved only if they are
3586	consistent with the strategic plan state master plans adopted by
3587	the Board of Governors State Board of Education.
3588	(e)  A new graduate-level program or professional-level
3589	program may be approved if:
3590	1.  The university has taken into account the offerings of
3591	its counterparts, including institutions in other sectors,
3592	particularly at the regional level.
3593	2.  The addition of the program will not alter the emphasis
3594	on undergraduate education.
3595	3.  The regional need and demand for the graduate program
3596	was addressed and the community needs are obvious.
3597	(3)  New colleges, schools, or functional equivalents of
3598	any program that leads leading to a degree that is offered as a
3599	credential for a specific license granted under the Florida
3600	Statutes or the State Constitution and that will receive any
3601	support from tuition and fees or from funds appropriated by the
3602	Legislature through the General Appropriations Act or other law
3603	shall not be established without the specific approval of the
3604	Legislature.
3605	Section 84.  Paragraph (b) of subsection (5) of section
3606	1004.04, Florida Statutes, is amended to read:
3607	1004.04  Public accountability and state approval for
3608	teacher preparation programs.--
3609	(5)  CONTINUED PROGRAM APPROVAL.--Notwithstanding
3610	subsection (4), failure by a public or nonpublic teacher
3611	preparation program to meet the criteria for continued program
3612	approval shall result in loss of program approval. The
3613	Department of Education, in collaboration with the departments
3614	and colleges of education, shall develop procedures for
3615	continued program approval that document the continuous
3616	improvement of program processes and graduates' performance.
3617	(b)  Additional criteria for continued program approval for
3618	public institutions may be approved by the State Board of
3619	Education. Such criteria must emphasize instruction in classroom
3620	management and must provide for the evaluation of the teacher
3621	candidates' performance in this area. The criteria shall also
3622	require instruction in working with underachieving students.
3623	Program evaluation procedures must include, but are not limited
3624	to, program graduates' satisfaction with instruction and the
3625	program's responsiveness to local school districts. Additional
3626	criteria for continued program approval for nonpublic
3627	institutions shall be developed in the same manner as for public
3628	institutions; however, such criteria must be based upon
3629	significant, objective, and quantifiable graduate performance
3630	measures. Responsibility for collecting data on outcome measures
3631	through survey instruments and other appropriate means shall be
3632	shared by the postsecondary educational institutions and the
3633	Department of Education. By January 1 of each year, the
3634	Department of Education shall report this information for each
3635	postsecondary educational institution that has state-approved
3636	programs of teacher education to the Governor, the State Board
3637	of Education, the Board of Governors, the Commissioner of
3638	Education, the President of the Senate, the Speaker of the House
3639	of Representatives, all Florida postsecondary teacher
3640	preparation programs, and interested members of the public. This
3641	report must analyze the data and make recommendations for
3642	improving teacher preparation programs in the state.
3643	Section 85.  Section 1004.07, Florida Statutes, is amended
3644	to read:
3645	1004.07  Student withdrawal from courses due to military
3646	service; effect.--
3647	(1)  Each district school board, community college district
3648	board of trustees, and state university board of trustees shall
3649	establish, by rule and pursuant to guidelines of the State Board
3650	of Education, policies regarding currently enrolled students who
3651	are called to, or enlist in, active military service.
3652	(2)  Such policies shall provide that any student enrolled
3653	in a postsecondary course or courses at a career center, a
3654	public community college, a public college, or a state
3655	university shall not incur academic or financial penalties by
3656	virtue of performing military service on behalf of our country.
3657	Such student shall be permitted the option of either completing
3658	the course or courses at a later date without penalty or
3659	withdrawing from the course or courses with a full refund of
3660	fees paid. If the student chooses to withdraw, the student's
3661	record shall reflect that the withdrawal is due to active
3662	military service.
3663	(3)  Policies of district school boards and community
3664	college boards of trustees shall be established by rule and
3665	pursuant to guidelines of the State Board of Education.
3666	(4)  Policies of state university boards of trustees shall
3667	be established by rule and pursuant to guidelines of the Board
3668	of Governors.
3669	Section 86.  Section 1004.21, Florida Statutes, is amended
3670	to read:
3671	(Substantial rewording of section. See
3672	s. 1004.21, F.S., for present text.)
3673	1004.21  State universities; general provisions.--State
3674	universities are part of the executive branch of state
3675	government and are administered by a board of trustees as
3676	provided in s. 1001.74.
3677	Section 87.  Subsections (1), (2), (6), and (7) of section
3678	1004.22, Florida Statutes, are amended to read:
3679	1004.22  Divisions of sponsored research at state
3680	universities.--
3681	(1)  Each university is authorized to create, in accordance
3682	with guidelines of the Board of Governors as it deems advisable,
3683	divisions of sponsored research which will serve the function of
3684	administration and promotion of the programs of research,
3685	including sponsored training programs, of the university at
3686	which they are located. A division of sponsored research created
3687	under the provisions of this section shall be under the
3688	supervision of the president of that university.
3689	(2)  The university shall set such policies to regulate the
3690	activities of the divisions of sponsored research as it may
3691	consider necessary to effectuate the purposes of this act and to
3692	administer the research programs in a manner which assures
3693	efficiency and effectiveness, producing the maximum benefit for
3694	the educational programs and maximum service to the state. To
3695	this end, materials that relate to methods of manufacture or
3696	production, potential trade secrets, potentially patentable
3697	material, actual trade secrets, business transactions, or
3698	proprietary information received, generated, ascertained, or
3699	discovered during the course of research conducted within the
3700	state universities shall be confidential and exempt from the
3701	provisions of s. 119.07(1), except that a division of sponsored
3702	research shall make available upon request the title and
3703	description of a research project, the name of the researcher,
3704	and the amount and source of funding provided for such project.
3705	(6)(a)  Each university shall submit to the Board of
3706	Governors State Board of Education a report of the activities of
3707	each division of sponsored research together with an estimated
3708	budget for the next fiscal year.
3709	(b)  Not less than 90 days prior to the convening of each
3710	regular session of the Legislature in which an appropriation
3711	shall be made, the Board of Governors State Board of Education
3712	shall submit to the chair of the appropriations committee of
3713	each house of the Legislature a compiled report, together with a
3714	compiled estimated budget for the next fiscal year. A copy of
3715	such report and estimated budget shall be furnished to the
3716	Governor, as the chief budget officer of the state.
3717	(7)  All purchases of a division of sponsored research
3718	shall be made in accordance with the policies and procedures of
3719	the university pursuant to guidelines of the Board of Governors;
3720	however, upon certification addressed to the university
3721	president that it is necessary for the efficient or expeditious
3722	prosecution of a research project, the president may exempt the
3723	purchase of material, supplies, equipment, or services for
3724	research purposes from the general purchasing requirement of the
3725	Florida Statutes.
3726	Section 88.  Section 1004.24, Florida Statutes, is amended
3727	to read:
3728	1004.24  Board of Governors, or the board's designee, State
3729	Board of Education authorized to secure liability insurance.--
3730	(1)  The Board of Governors, or the board's designee, State
3731	Board of Education is authorized to secure, or otherwise provide
3732	as a self-insurer, or by a combination thereof, comprehensive
3733	general liability insurance, including professional liability
3734	for health care and veterinary sciences, for:
3735	(a)  The Board of Governors State Board of Education and
3736	its officers and members.
3737	(b)  A university board of trustees and its officers and
3738	members.
3739	(c)  The faculty and other employees and agents of a
3740	university board of trustees.
3741	(d)  The students of a state university.
3742	(e)  A state university or any college, school, institute,
3743	center, or program thereof.
3744	(f)  Any not-for-profit corporation organized pursuant to
3745	chapter 617, and the directors, officers, employees, and agents
3746	thereof, which is affiliated with a state university, if the
3747	corporation is operated for the benefit of the state university
3748	in a manner consistent with the best interests of the state, and
3749	if such participation is approved by a self-insurance program
3750	council, the university president, and the board of trustees.
3751	(2)  In the event the Board of Governors, or the board's
3752	designee, State Board of Education adopts a self-insurance
3753	program, a governing council chaired by the vice president for
3754	health affairs or his or her academic equivalent shall be
3755	established to administer the program and its duties and
3756	responsibilities, including the administration of self-insurance
3757	program assets and expenditure policies, which shall be defined
3758	in rules as authorized by this section. The council shall have
3759	an annual actuary review performed to establish funding
3760	requirements to maintain the fiscal integrity of the self-
3761	insurance program. The assets of a self-insurance program shall
3762	be deposited outside the State Treasury and shall be
3763	administered in accordance with rules as authorized by this
3764	section.
3765	(3)  Any self-insurance program created under this section
3766	shall be funded by the entities and individuals protected by
3767	such program. There shall be no funds appropriated to any self-
3768	insurance program. The assets of the self-insurance program
3769	shall be the property of the board that adopts the self-
3770	insurance program State Board of Education and shall be used
3771	only to pay the administrative expenses of the self-insurance
3772	program and to pay any claim, judgment, or claims bill arising
3773	out of activities for which the self-insurance program was
3774	created. Investment income that is in excess of that income
3775	necessary to ensure the solvency of a self-insurance program as
3776	established by a casualty actuary may be used to defray the
3777	annual contribution paid into the program by the entities and
3778	individuals protected by the program.
3779	(4)  No self-insurance program adopted by the Board of
3780	Governors, or the board's designee, State Board of Education may
3781	sue or be sued. The claims files of any such program are
3782	privileged and confidential, exempt from the provisions of s.
3783	119.07(1), and are only for the use of the program in fulfilling
3784	its duties. Any self-insurance trust fund and revenues generated
3785	by that fund shall only be used to pay claims and administration
3786	expenses.
3787	(5)  Each self-insurance program council shall make
3788	provision for an annual financial audit pursuant to s. 11.45 of
3789	its accounts to be conducted by an independent certified public
3790	accountant. The annual audit report must include a management
3791	letter and shall be submitted to the Board of Governors and the
3792	university board of trustees State Board of Education for
3793	review. The Board of Governors State Board of Education shall
3794	have the authority to require and receive from the self-
3795	insurance program council or from its independent auditor any
3796	detail or supplemental data relative to the operation of the
3797	self-insurance program.
3798	(6)  The State Board of Education may make such rules as
3799	are necessary to carry out the provisions of this section.
3800	Section 89.  Paragraph (c) is added to subsection (1) of
3801	section 1004.28, Florida Statutes, and paragraph (b) of
3802	subsection (2) and subsections (5), (6), and (7) of that section
3803	are amended, to read:
3804	1004.28  Direct-support organizations; use of property;
3805	board of directors; activities; audit; facilities.--
3806	(1)  DEFINITIONS.--For the purposes of this section:
3807	(c)  "Property" does not include student fee revenues
3808	collected pursuant to s. 1009.24.
3809	(2)  USE OF PROPERTY.--
3810	(b)  The board of trustees, in accordance with rules and
3811	guidelines of the Board of Governors, shall prescribe by rule
3812	conditions with which a university direct-support organization
3813	must comply in order to use property, facilities, or personal
3814	services at any state university. Such rules shall provide for
3815	budget and audit review and oversight by the board of trustees.
3816	(5)  ANNUAL AUDIT.--Each direct-support organization shall
3817	provide for an annual financial audit of its accounts and
3818	records to be conducted by an independent certified public
3819	accountant in accordance with rules adopted by the Auditor
3820	General pursuant to s. 11.45(8) and by the university board of
3821	trustees. The annual audit report shall be submitted, within 9
3822	months after the end of the fiscal year, to the Auditor General
3823	and the Board of Governors State Board of Education for review.
3824	The Board of Governors State Board of Education, the university
3825	board of trustees, the Auditor General, and the Office of
3826	Program Policy Analysis and Government Accountability shall have
3827	the authority to require and receive from the organization or
3828	from its independent auditor any records relative to the
3829	operation of the organization. The identity of donors who desire
3830	to remain anonymous shall be protected, and that anonymity shall
3831	be maintained in the auditor's report. All records of the
3832	organization other than the auditor's report, management letter,
3833	and any supplemental data requested by the Board of Governors
3834	State Board of Education, the university board of trustees, the
3835	Auditor General, and the Office of Program Policy Analysis and
3836	Government Accountability shall be confidential and exempt from
3837	the provisions of s. 119.07(1).
3838	(6)  FACILITIES.--In addition to issuance of indebtedness
3839	pursuant to s. 1010.60(2), Each direct-support organization is
3840	authorized to enter into agreements to finance, design and
3841	construct, lease, lease-purchase, purchase, or operate
3842	facilities necessary and desirable to serve the needs and
3843	purposes of the university, as determined by the systemwide
3844	strategic plan adopted by the Board of Governors State Board of
3845	Education. Such agreements are subject to the provisions of ss.
3846	s. 1013.171 and 1010.62.
3847	(7)  ANNUAL BUDGETS AND REPORTS.--Each direct-support
3848	organization shall submit to the university president and the
3849	Board of Governors State Board of Education its federal Internal
3850	Revenue Service Application for Recognition of Exemption form
3851	(Form 1023) and its federal Internal Revenue Service Return of
3852	Organization Exempt from Income Tax form (Form 990).
3853	Section 90.  Subsections (3) and (5) of section 1004.29,
3854	Florida Statutes, are amended to read:
3855	1004.29  University health services support
3856	organizations.--
3857	(3)  A state university board of trustees, in accordance
3858	with rules and guidelines of the Board of Governors, may
3859	prescribe, by rule, conditions with which a university health
3860	services support organization must comply in order to be
3861	certified and to use property, facilities, or personal services
3862	at any state university. The rules must provide for budget,
3863	audit review, and oversight by the board of trustees. Such rules
3864	shall provide that the university health services support
3865	organization may provide salary supplements and other
3866	compensation or benefits for university faculty and staff
3867	employees only as set forth in the organization's budget, which
3868	shall be subject to approval by the university president.
3869	(5)  Each university health services support organization
3870	shall provide for an annual financial audit in accordance with
3871	s. 1004.28(5). The auditor's report, management letter, and any
3872	supplemental data requested by the Board of Governors State
3873	Board of Education, the university board of trustees, and the
3874	Auditor General shall be considered public records, pursuant to
3875	s. 119.07.
3876	Section 91.  Section 1004.35, Florida Statutes, is amended
3877	to read:
3878	1004.35  Broward County campuses of Florida Atlantic
3879	University; coordination with other institutions.--The State
3880	Board of Education, the Board of Governors, and Florida Atlantic
3881	University shall consult with Broward Community College and
3882	Florida International University in coordinating course
3883	offerings at the postsecondary level in Broward County. Florida
3884	Atlantic University may contract with the Board of Trustees of
3885	Broward Community College and with Florida International
3886	University to provide instruction in courses offered at the
3887	Southeast Campus. Florida Atlantic University shall increase
3888	course offerings at the Southeast Campus as facilities become
3889	available.
3890	Section 92.  Subsection (4) of section 1004.36, Florida
3891	Statutes, is amended to read:
3892	1004.36  Florida Atlantic University campuses.--
3893	(4)  The Board of Governors State Board of Education, as a
3894	function of its comprehensive master planning process, pursuant
3895	to s. 1001.706, shall continue to evaluate the need for
3896	undergraduate programs in Broward County and shall assess the
3897	extent to which existing postsecondary programs are addressing
3898	those needs.
3899	Section 93.  Subsection (5) of section 1004.39, Florida
3900	Statutes, is amended to read:
3901	1004.39  College of law at Florida International
3902	University.--
3903	(5)  The Florida International University Board of Trustees
3904	shall commence the planning of a college of law at Florida
3905	International University. In planning the college of law, The
3906	Florida International University Board of Trustees and the Board
3907	of Governors State Board of Education may accept grants,
3908	donations, gifts, and moneys available for this purpose,
3909	including moneys for planning and constructing the college. The
3910	Florida International University Board of Trustees may procure
3911	and accept any federal funds that are available for the
3912	planning, creation, and establishment of the college of law.
3913	Classes must commence by the fall semester 2003. If the American
3914	Bar Association or any other nationally recognized association
3915	for the accreditation of colleges of law issues a third
3916	disapproval of an application for provisional approval or for
3917	full approval or fails to grant, within 5 years following the
3918	graduation of the first class, a provisional approval, to the
3919	college of law at Florida International University, the Board of
3920	Governors State Board of Education shall make recommendations to
3921	the Governor and the Legislature as to whether the college of
3922	law will cease operations at the end of the full academic year
3923	subsequent to the receipt by the college of law of any such
3924	third disapproval, or whether the college of law will continue
3925	operations and any conditions for continued operations. If the
3926	college of law ceases operations pursuant to this section, the
3927	following conditions apply:
3928	(a)  The authority for the college of law at Florida
3929	International University and the authority of the Florida
3930	International University Board of Trustees and the Board of
3931	Governors State Board of Education provided in this section
3932	shall terminate upon the cessation of operations of the college
3933	of law at Florida International University. The college of law
3934	at Florida International University shall receive no moneys
3935	allocated for the planning, construction, or operation of the
3936	college of law after its cessation of operations other than
3937	moneys to be expended for the cessation of operations of the
3938	college of law. Any moneys allocated to the college of law at
3939	Florida International University not expended prior to or
3940	scheduled to be expended after the date of the cessation of the
3941	college of law shall be appropriated for other use by the
3942	Legislature of the State of Florida.
3943	(b)  Any buildings of the college of law at Florida
3944	International University constructed from the expenditure of
3945	capital outlay funds appropriated by the Legislature shall be
3946	owned by the Board of Trustees of the Internal Improvement Trust
3947	Fund and managed by the Florida International University Board
3948	of Trustees upon the cessation of the college of law.
3949
3950	Nothing in this section shall undermine commitments to current
3951	students receiving support as of the date of the enactment of
3952	this section from the law school scholarship program of the
3953	Florida Education Fund as provided in s. 1009.70(8). Students
3954	attending the college of law at Florida International University
3955	shall be eligible for financial, academic, or other support from
3956	the Florida Education Fund as provided in s. 1009.70(8) without
3957	the college's obtaining accreditation by the American Bar
3958	Association.
3959	Section 94.  Subsection (5) of section 1004.40, Florida
3960	Statutes, is amended to read:
3961	1004.40  College of law at Florida Agricultural and
3962	Mechanical University.--
3963	(5)  The Florida Agricultural and Mechanical University
3964	Board of Trustees shall commence the planning of a college of
3965	law under the auspices of Florida Agricultural and Mechanical
3966	University to be located in the I-4 corridor area. In planning
3967	the college of law, The Florida Agricultural and Mechanical
3968	University Board of Trustees and the Board of Governors State
3969	Board of Education may accept grants, donations, gifts, and
3970	moneys available for this purpose, including moneys for planning
3971	and constructing the college. The Florida Agricultural and
3972	Mechanical University Board of Trustees may procure and accept
3973	any federal funds that are available for the planning, creation,
3974	and establishment of the college of law. Classes must commence
3975	by the fall semester 2003. If the American Bar Association or
3976	any other nationally recognized association for the
3977	accreditation of colleges of law issues a third disapproval of
3978	an application for provisional approval or for full approval or
3979	fails to grant, within 5 years following the graduation of the
3980	first class, a provisional approval, to the college of law at
3981	Florida Agricultural and Mechanical University, the Board of
3982	Governors State Board of Education shall make recommendations to
3983	the Governor and Legislature as to whether the college of law
3984	will cease operations at the end of the full academic year
3985	subsequent to the receipt by the college of law of any such
3986	third disapproval, or whether the college of law will continue
3987	operations and any conditions for continued operations. If the
3988	college of law ceases operations of the college of law pursuant
3989	to this section, the following conditions apply:
3990	(a)  The authority for the college of law at Florida
3991	Agricultural and Mechanical University and the authority of the
3992	Florida Agricultural and Mechanical University Board of Trustees
3993	and the Board of Governors State Board of Education provided in
3994	this section shall terminate upon the cessation of operations of
3995	the college of law at Florida Agricultural and Mechanical
3996	University. The college of law at Florida Agricultural and
3997	Mechanical University shall receive no moneys allocated for the
3998	planning, construction, or operation of the college of law after
3999	its cessation of operations other than moneys to be expended for
4000	the cessation of operations of the college of law. Any moneys
4001	allocated to the college of law at Florida Agricultural and
4002	Mechanical University not expended prior to or scheduled to be
4003	expended after the date of the cessation of the college of law
4004	shall be appropriated for other use by the Legislature of the
4005	State of Florida.
4006	(b)  Any buildings of the college of law at Florida
4007	Agricultural and Mechanical University constructed from the
4008	expenditure of capital outlay funds appropriated by the
4009	Legislature shall be owned by the Board of Trustees of the
4010	Internal Improvement Trust Fund and managed by the Florida
4011	Agricultural and Mechanical University Board of Trustees upon
4012	the cessation of the college of law.
4013
4014	Nothing in this section shall undermine commitments to current
4015	students receiving support as of the date of the enactment of
4016	this section from the law school scholarship program of the
4017	Florida Education Fund as provided in s. 1009.70(8). Students
4018	attending the college of law at Florida Agricultural and
4019	Mechanical University shall be eligible for financial, academic,
4020	or other support from the Florida Education Fund as provided in
4021	s. 1009.70(8) without the college's obtaining accreditation by
4022	the American Bar Association.
4023	Section 95.  Paragraph (e) of subsection (4) of section
4024	1004.41, Florida Statutes, is amended to read:
4025	1004.41  University of Florida; J. Hillis Miller Health
4026	Center.--
4027	(4)
4028	(e)  In the event that the lease of the hospital facilities
4029	to the not-for-profit corporation is terminated for any reason,
4030	the University of Florida Board of Trustees shall resume
4031	management and operation of the hospital facilities. In such
4032	event, the University of Florida Board of Trustees
4033	Administration Commission is authorized to utilize appropriate
4034	revenues generated from the operation of the hospital facilities
4035	to the University of Florida Board of Trustees to pay the costs
4036	and expenses of operating the hospital facility for the
4037	remainder of the fiscal year in which such termination occurs.
4038	Section 96.  Subsections (1) through (4), paragraphs (a),
4039	(f), and (g) of subsection (5), and paragraph (b) of subsection
4040	(8) of section 1004.43, Florida Statutes, are amended to read:
4041	1004.43  H. Lee Moffitt Cancer Center and Research
4042	Institute.--There is established the H. Lee Moffitt Cancer
4043	Center and Research Institute at the University of South
4044	Florida.
4045	(1)  The State Board of Education shall enter into an
4046	agreement for the utilization of the facilities on the campus of
4047	the University of South Florida to be known as the H. Lee
4048	Moffitt Cancer Center and Research Institute, including all
4049	furnishings, equipment, and other chattels used in the operation
4050	of said facilities, with a Florida not-for-profit corporation
4051	organized solely for the purpose of governing and operating the
4052	H. Lee Moffitt Cancer Center and Research Institute. This not-
4053	for-profit corporation, acting as an instrumentality of the
4054	State of Florida, shall govern and operate the H. Lee Moffitt
4055	Cancer Center and Research Institute in accordance with the
4056	terms of the agreement between the Board of Governors State
4057	Board of Education and the not-for-profit corporation. The not-
4058	for-profit corporation may, with the prior approval of the Board
4059	of Governors State Board of Education, create either for-profit
4060	or not-for-profit corporate subsidiaries, or both, to fulfill
4061	its mission. For-profit subsidiaries of the not-for-profit
4062	corporation may not compete with for-profit health care
4063	providers in the delivery of radiation therapy services to
4064	patients. The not-for-profit corporation and its subsidiaries
4065	are authorized to receive, hold, invest, and administer property
4066	and any moneys received from private, local, state, and federal
4067	sources, as well as technical and professional income generated
4068	or derived from practice activities of the institute, for the
4069	benefit of the institute and the fulfillment of its mission. The
4070	affairs of the corporation shall be managed by a board of
4071	directors who shall serve without compensation. The President of
4072	the University of South Florida and the chair of the Board of
4073	Governors State Board of Education, or his or her designee,
4074	shall be directors of the not-for-profit corporation, together
4075	with 5 representatives of the state universities and no more
4076	than 14 nor fewer than 10 directors who are not medical doctors
4077	or state employees. Each director shall have only one vote,
4078	shall serve a term of 3 years, and may be reelected to the
4079	board. Other than the President of the University of South
4080	Florida and the chair of the Board of Governors State Board of
4081	Education, directors shall be elected by a majority vote of the
4082	board. The chair of the board of directors shall be selected by
4083	majority vote of the directors.
4084	(2)  The Board of Governors State Board of Education shall
4085	provide in the agreement with the not-for-profit corporation for
4086	the following:
4087	(a)  Approval of the articles of incorporation of the not-
4088	for-profit corporation by the Board of Governors State Board of
4089	Education.
4090	(b)  Approval of the articles of incorporation of any not-
4091	for-profit corporate subsidiary created by the not-for-profit
4092	corporation.
4093	(c)  Utilization of lands, facilities, and personnel by the
4094	not-for-profit corporation and its subsidiaries for research,
4095	education, treatment, prevention, and the early detection of
4096	cancer and for mutually approved teaching and research programs
4097	conducted by the University of South Florida or other accredited
4098	medical schools or research institutes.
4099	(d)  Preparation of an annual financial audit of the not-
4100	for-profit corporation's accounts and records and the accounts
4101	and records of any subsidiaries to be conducted by an
4102	independent certified public accountant. The annual audit report
4103	shall include a management letter, as defined in s. 11.45, and
4104	shall be submitted to the Auditor General and the Board of
4105	Governors State Board of Education. The Board of Governors State
4106	Board of Education, the Auditor General, and the Office of
4107	Program Policy Analysis and Government Accountability shall have
4108	the authority to require and receive from the not-for-profit
4109	corporation and any subsidiaries or from their independent
4110	auditor any detail or supplemental data relative to the
4111	operation of the not-for-profit corporation or subsidiary.
4112	(e)  Provision by the not-for-profit corporation and its
4113	subsidiaries of equal employment opportunities to all persons
4114	regardless of race, color, religion, sex, age, or national
4115	origin.
4116	(3)  The Board of Governors State Board of Education is
4117	authorized to secure comprehensive general liability protection,
4118	including professional liability protection, for the not-for-
4119	profit corporation and its subsidiaries pursuant to s. 1004.24.
4120	The not-for-profit corporation and its subsidiaries shall be
4121	exempt from any participation in any property insurance trust
4122	fund established by law, including any property insurance trust
4123	fund established pursuant to chapter 284, so long as the not-
4124	for-profit corporation and its subsidiaries maintain property
4125	insurance protection with comparable or greater coverage limits.
4126	(4)  In the event that the agreement between the not-for-
4127	profit corporation and the Board of Governors State Board of
4128	Education is terminated for any reason, the Board of Governors
4129	State Board of Education shall resume governance and operation
4130	of such said facilities.
4131	(5)  The institute shall be administered by a chief
4132	executive officer who shall serve at the pleasure of the board
4133	of directors of the not-for-profit corporation and who shall
4134	have the following powers and duties subject to the approval of
4135	the board of directors:
4136	(a)  The chief executive officer shall establish programs
4137	which fulfill the mission of the institute in research,
4138	education, treatment, prevention, and the early detection of
4139	cancer; however, the chief executive officer shall not establish
4140	academic programs for which academic credit is awarded and which
4141	terminate in the conference of a degree without prior approval
4142	of the Board of Governors State Board of Education.
4143	(f)  The chief executive officer shall have a reporting
4144	relationship to the Board of Governors or its designee
4145	Commissioner of Education.
4146	(g)  The chief executive officer shall provide a copy of
4147	the institute's annual report to the Governor and Cabinet, the
4148	President of the Senate, the Speaker of the House of
4149	Representatives, and the chair of the Board of Governors State
4150	Board of Education.
4151	(8)
4152	(b)  Proprietary confidential business information is
4153	confidential and exempt from the provisions of s. 119.07(1) and
4154	s. 24(a), Art. I of the State Constitution. However, the Auditor
4155	General, the Office of Program Policy Analysis and Government
4156	Accountability, and the Board of Governors State Board of
4157	Education, pursuant to their oversight and auditing functions,
4158	must be given access to all proprietary confidential business
4159	information upon request and without subpoena and must maintain
4160	the confidentiality of information so received. As used in this
4161	paragraph, the term "proprietary confidential business
4162	information" means information, regardless of its form or
4163	characteristics, which is owned or controlled by the not-for-
4164	profit corporation or its subsidiaries; is intended to be and is
4165	treated by the not-for-profit corporation or its subsidiaries as
4166	private and the disclosure of which would harm the business
4167	operations of the not-for-profit corporation or its
4168	subsidiaries; has not been intentionally disclosed by the
4169	corporation or its subsidiaries unless pursuant to law, an order
4170	of a court or administrative body, a legislative proceeding
4171	pursuant to s. 5, Art. III of the State Constitution, or a
4172	private agreement that provides that the information may be
4173	released to the public; and which is information concerning:
4174	1.  Internal auditing controls and reports of internal
4175	auditors;
4176	2.  Matters reasonably encompassed in privileged attorney-
4177	client communications;
4178	3.  Contracts for managed-care arrangements, including
4179	preferred provider organization contracts, health maintenance
4180	organization contracts, and exclusive provider organization
4181	contracts, and any documents directly relating to the
4182	negotiation, performance, and implementation of any such
4183	contracts for managed-care arrangements;
4184	4.  Bids or other contractual data, banking records, and
4185	credit agreements the disclosure of which would impair the
4186	efforts of the not-for-profit corporation or its subsidiaries to
4187	contract for goods or services on favorable terms;
4188	5.  Information relating to private contractual data, the
4189	disclosure of which would impair the competitive interest of the
4190	provider of the information;
4191	6.  Corporate officer and employee personnel information;
4192	7.  Information relating to the proceedings and records of
4193	credentialing panels and committees and of the governing board
4194	of the not-for-profit corporation or its subsidiaries relating
4195	to credentialing;
4196	8.  Minutes of meetings of the governing board of the not-
4197	for-profit corporation and its subsidiaries, except minutes of
4198	meetings open to the public pursuant to subsection (9);
4199	9.  Information that reveals plans for marketing services
4200	that the corporation or its subsidiaries reasonably expect to be
4201	provided by competitors;
4202	10.  Trade secrets as defined in s. 688.002, including:
4203	a.  Information relating to methods of manufacture or
4204	production, potential trade secrets, potentially patentable
4205	materials, or proprietary information received, generated,
4206	ascertained, or discovered during the course of research
4207	conducted by the not-for-profit corporation or its subsidiaries;
4208	and
4209	b.  Reimbursement methodologies or rates;
4210	11.  The identity of donors or prospective donors of
4211	property who wish to remain anonymous or any information
4212	identifying such donors or prospective donors. The anonymity of
4213	these donors or prospective donors must be maintained in the
4214	auditor's report; or
4215	12.  Any information received by the not-for-profit
4216	corporation or its subsidiaries from an agency in this or
4217	another state or nation or the Federal Government which is
4218	otherwise exempt or confidential pursuant to the laws of this or
4219	another state or nation or pursuant to federal law.
4220
4221	As used in this paragraph, the term "managed care" means systems
4222	or techniques generally used by third-party payors or their
4223	agents to affect access to and control payment for health care
4224	services. Managed-care techniques most often include one or more
4225	of the following: prior, concurrent, and retrospective review of
4226	the medical necessity and appropriateness of services or site of
4227	services; contracts with selected health care providers;
4228	financial incentives or disincentives related to the use of
4229	specific providers, services, or service sites; controlled
4230	access to and coordination of services by a case manager; and
4231	payor efforts to identify treatment alternatives and modify
4232	benefit restrictions for high-cost patient care.
4233	(c)  Subparagraphs 10. and 12. of paragraph (b) are subject
4234	to the Open Government Sunset Review Act of 1995 in accordance
4235	with s. 119.15 and shall stand repealed on October 2, 2010,
4236	unless reviewed and saved from repeal through reenactment by the
4237	Legislature.
4238	Section 97.  Paragraph (b) of subsection (3) and
4239	subsections (4) and (5) of section 1004.435, Florida Statutes,
4240	are amended to read:
4241	1004.435  Cancer control and research.--
4242	(3)  DEFINITIONS.--The following words and phrases when
4243	used in this section have, unless the context clearly indicates
4244	otherwise, the meanings given to them in this subsection:
4245	(b)  "Council" means the Florida Cancer Control and
4246	Research Advisory Council, which is an advisory body appointed
4247	to function on a continuing basis for the study of cancer and
4248	which recommends solutions and policy alternatives to the Board
4249	of Governors State Board of Education and the secretary and
4250	which is established by this section.
4251	(4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
4252	CREATION; COMPOSITION.--
4253	(a)  There is created within the H. Lee Moffitt Cancer
4254	Center and Research Institute, Inc., the Florida Cancer Control
4255	and Research Advisory Council.  The council shall consist of 34
4256	35 members, which includes the chairperson, all of whom must be
4257	residents of this state. All members, except those appointed by
4258	the Speaker of the House of Representatives and the President of
4259	the Senate, must be appointed by the Governor. At least one of
4260	the members appointed by the Governor must be 60 years of age or
4261	older. One member must be a representative of the American
4262	Cancer Society; one member must be a representative of the
4263	Florida Tumor Registrars Association; one member must be a
4264	representative of the Sylvester Comprehensive Cancer Center of
4265	the University of Miami; one member must be a representative of
4266	the Department of Health; one member must be a representative of
4267	the University of Florida Shands Cancer Center; one member must
4268	be a representative of the Agency for Health Care
4269	Administration; one member must be a representative of the
4270	Florida Nurses Association; one member must be a representative
4271	of the Florida Osteopathic Medical Association; one member must
4272	be a representative of the American College of Surgeons; one
4273	member must be a representative of the School of Medicine of the
4274	University of Miami; one member must be a representative of the
4275	College of Medicine of the University of Florida; one member
4276	must be a representative of NOVA Southeastern College of
4277	Osteopathic Medicine; one member must be a representative of the
4278	College of Medicine of the University of South Florida; one
4279	member must be a representative of the College of Public Health
4280	of the University of South Florida; one member must be a
4281	representative of the Florida Society of Clinical Oncology; one
4282	member must be a representative of the Florida Obstetric and
4283	Gynecologic Society who has had training in the specialty of
4284	gynecologic oncology; one member must be a representative of the
4285	Florida Medical Association; one member must be a member of the
4286	Florida Pediatric Society; one member must be a representative
4287	of the Florida Radiological Society; one member must be a
4288	representative of the Florida Society of Pathologists; one
4289	member must be a representative of the H. Lee Moffitt Cancer
4290	Center and Research Institute, Inc.; three members must be
4291	representatives of the general public acting as consumer
4292	advocates; one member must be a member of the House of
4293	Representatives appointed by the Speaker of the House of
4294	Representatives; one member must be a member of the Senate
4295	appointed by the President of the Senate; one member must be a
4296	representative of the Department of Education; one member must
4297	be a representative of the Florida Dental Association; one
4298	member must be a representative of the Florida Hospital
4299	Association; one member must be a representative of the
4300	Association of Community Cancer Centers; one member shall be a
4301	representative from a statutory teaching hospital affiliated
4302	with a community-based cancer center; one member must be a
4303	representative of the Florida Association of Pediatric Tumor
4304	Programs, Inc.; one member must be a representative of the
4305	Cancer Information Service; one member must be a representative
4306	of the Florida Agricultural and Mechanical University Institute
4307	of Public Health; and one member must be a representative of the
4308	Florida Society of Oncology Social Workers.  Of the members of
4309	the council appointed by the Governor, at least 10 must be
4310	individuals who are minority persons as defined by s.
4311	288.703(3).
4312	(b)  The terms of the members shall be 4 years from their
4313	respective dates of appointment.
4314	(c)  A chairperson shall be appointed by the Governor for a
4315	term of 2 years.  The chairperson shall appoint an executive
4316	committee of no fewer than three persons to serve at the
4317	pleasure of the chairperson.  This committee will prepare
4318	material for the council but make no final decisions.
4319	(d)  The council shall meet no less than semiannually at
4320	the call of the chairperson or, in his or her absence or
4321	incapacity, at the call of the secretary.  Sixteen members
4322	constitute a quorum for the purpose of exercising all of the
4323	powers of the council.  A vote of the majority of the members
4324	present is sufficient for all actions of the council.
4325	(e)  The council members shall serve without pay. Pursuant
4326	to the provisions of s. 112.061, the council members may be
4327	entitled to be reimbursed for per diem and travel expenses.
4328	(f)  No member of the council shall participate in any
4329	discussion or decision to recommend grants or contracts to any
4330	qualified nonprofit association or to any agency of this state
4331	or its political subdivisions with which the member is
4332	associated as a member of the governing body or as an employee
4333	or with which the member has entered into a contractual
4334	arrangement.
4335	(g)  The council may prescribe, amend, and repeal bylaws
4336	governing the manner in which the business of the council is
4337	conducted.
4338	(h)  The council shall advise the Board of Governors State
4339	Board of Education, the secretary, and the Legislature with
4340	respect to cancer control and research in this state.
4341	(i)  The council shall approve each year a program for
4342	cancer control and research to be known as the "Florida Cancer
4343	Plan" which shall be consistent with the State Health Plan and
4344	integrated and coordinated with existing programs in this state.
4345	(j)  The council shall formulate and recommend to the
4346	secretary a plan for the care and treatment of persons suffering
4347	from cancer and recommend the establishment of standard
4348	requirements for the organization, equipment, and conduct of
4349	cancer units or departments in hospitals and clinics in this
4350	state. The council may recommend to the secretary the
4351	designation of cancer units following a survey of the needs and
4352	facilities for treatment of cancer in the various localities
4353	throughout the state. The secretary shall consider the plan in
4354	developing departmental priorities and funding priorities and
4355	standards under chapter 395.
4356	(k)  The council is responsible for including in the
4357	Florida Cancer Plan recommendations for the coordination and
4358	integration of medical, nursing, paramedical, lay, and other
4359	plans concerned with cancer control and research. Committees
4360	shall be formed by the council so that the following areas will
4361	be established as entities for actions:
4362	1.  Cancer plan evaluation:  tumor registry, data retrieval
4363	systems, and epidemiology of cancer in the state and its
4364	relation to other areas.
4365	2.  Cancer prevention.
4366	3.  Cancer detection.
4367	4.  Cancer patient management:  treatment, rehabilitation,
4368	terminal care, and other patient-oriented activities.
4369	5.  Cancer education:  lay and professional.
4370	6.  Unproven methods of cancer therapy:  quackery and
4371	unorthodox therapies.
4372	7.  Investigator-initiated project research.
4373	(l)  In order to implement in whole or in part the Florida
4374	Cancer Plan, the council shall recommend to the Board of
4375	Governors State Board of Education or the secretary the awarding
4376	of grants and contracts to qualified profit or nonprofit
4377	associations or governmental agencies in order to plan,
4378	establish, or conduct programs in cancer control or prevention,
4379	cancer education and training, and cancer research.
4380	(m)  If funds are specifically appropriated by the
4381	Legislature, the council shall develop or purchase standardized
4382	written summaries, written in layperson's terms and in language
4383	easily understood by the average adult patient, informing actual
4384	and high-risk breast cancer patients, prostate cancer patients,
4385	and men who are considering prostate cancer screening of the
4386	medically viable treatment alternatives available to them in the
4387	effective management of breast cancer and prostate cancer;
4388	describing such treatment alternatives; and explaining the
4389	relative advantages, disadvantages, and risks associated
4390	therewith.  The breast cancer summary, upon its completion,
4391	shall be printed in the form of a pamphlet or booklet and made
4392	continuously available to physicians and surgeons in this state
4393	for their use in accordance with s. 458.324 and to osteopathic
4394	physicians in this state for their use in accordance with s.
4395	459.0125.  The council shall periodically update both summaries
4396	to reflect current standards of medical practice in the
4397	treatment of breast cancer and prostate cancer.  The council
4398	shall develop and implement educational programs, including
4399	distribution of the summaries developed or purchased under this
4400	paragraph, to inform citizen groups, associations, and voluntary
4401	organizations about early detection and treatment of breast
4402	cancer and prostate cancer.
4403	(n)  The council shall have the responsibility to advise
4404	the Board of Governors State Board of Education and the
4405	secretary on methods of enforcing and implementing laws already
4406	enacted and concerned with cancer control, research, and
4407	education.
4408	(o)  The council may recommend to the Board of Governors
4409	State Board of Education or the secretary rules not inconsistent
4410	with law as it may deem necessary for the performance of its
4411	duties and the proper administration of this section.
4412	(p)  The council shall formulate and put into effect a
4413	continuing educational program for the prevention of cancer and
4414	its early diagnosis and disseminate to hospitals, cancer
4415	patients, and the public information concerning the proper
4416	treatment of cancer.
4417	(q)  The council shall be physically located at the H. Lee
4418	Moffitt Cancer Center and Research Institute, Inc., at the
4419	University of South Florida.
4420	(r)  On February 15 of each year, the council shall report
4421	to the Governor and to the Legislature.
4422	(5)  RESPONSIBILITIES OF THE BOARD OF GOVERNORS STATE BOARD
4423	OF EDUCATION, THE H. LEE MOFFITT CANCER CENTER AND RESEARCH
4424	INSTITUTE, INC., AND THE SECRETARY.--
4425	(a)  The Board of Governors State Board of Education or the
4426	secretary, after consultation with the council, shall award
4427	grants and contracts to qualified nonprofit associations and
4428	governmental agencies in order to plan, establish, or conduct
4429	programs in cancer control and prevention, cancer education and
4430	training, and cancer research.
4431	(b)  The H. Lee Moffitt Cancer Center and Research
4432	Institute, Inc., shall provide such staff, information, and
4433	other assistance as reasonably necessary for the completion of
4434	the responsibilities of the council.
4435	(c)  The Board of Governors State Board of Education or the
4436	secretary, after consultation with the council, may adopt rules
4437	necessary for the implementation of this section.
4438	(d)  The secretary, after consultation with the council,
4439	shall make rules specifying to what extent and on what terms and
4440	conditions cancer patients of the state may receive financial
4441	aid for the diagnosis and treatment of cancer in any hospital or
4442	clinic selected. The department may furnish to citizens of this
4443	state who are afflicted with cancer financial aid to the extent
4444	of the appropriation provided for that purpose in a manner which
4445	in its opinion will afford the greatest benefit to those
4446	afflicted and may make arrangements with hospitals,
4447	laboratories, or clinics to afford proper care and treatment for
4448	cancer patients in this state.
4449	Section 98.  Subsections (2) through (5), paragraphs (a),
4450	(f), (g), and (h) of subsection (6), and subsection (10) of
4451	section 1004.445, Florida Statutes, are amended to read:
4452	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
4453	Research Institute.--
4454	(2)(a)  The State Board of Education shall enter into an
4455	agreement for the utilization of the facilities on the campus of
4456	the University of South Florida to be known as the Johnnie B.
4457	Byrd, Sr., Alzheimer's Center and Research Institute, including
4458	all furnishings, equipment, and other chattels used in the
4459	operation of those facilities, with a Florida not-for-profit
4460	corporation organized solely for the purpose of governing and
4461	operating the Johnnie B. Byrd, Sr., Alzheimer's Center and
4462	Research Institute. This not-for-profit corporation, acting as
4463	an instrumentality of the state, shall govern and operate the
4464	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
4465	in accordance with the terms of the agreement between the State
4466	Board of Education and the not-for-profit corporation. The not-
4467	for-profit corporation may, with the prior approval of the Board
4468	of Governors State Board of Education, create either for-profit
4469	or not-for-profit corporate subsidiaries, or both, to fulfill
4470	its mission. The not-for-profit corporation and its subsidiaries
4471	are authorized to receive, hold, invest, and administer property
4472	and any moneys acquired from private, local, state, and federal
4473	sources, as well as technical and professional income generated
4474	or derived from practice activities of the institute, for the
4475	benefit of the institute and the fulfillment of its mission.
4476	Effective July 1, 2007, the agreement authority provided to the
4477	State Board of Education is transferred to the Board of
4478	Governors.
4479	(b)  The affairs of the not-for-profit corporation shall be
4480	managed by a board of directors who shall serve without
4481	compensation. The board of directors shall consist of the
4482	President of the University of South Florida and the chair of
4483	the Board of Governors State Board of Education, or their
4484	designees, five representatives of the state universities, and
4485	nine representatives of the public who are neither medical
4486	doctors nor state employees. Each director who is a
4487	representative of a state university or of the public shall be
4488	appointed to serve a term of 3 years. The chair of the board of
4489	directors shall be selected by a majority vote of the directors.
4490	Each director shall have only one vote. Of the five university
4491	representatives, one shall be appointed by the Governor, two by
4492	the President of the Senate, and two by the Speaker of the House
4493	of Representatives; and of the nine public representatives,
4494	three shall be appointed by the Governor, three by the President
4495	of the Senate, and three by the Speaker of the House of
4496	Representatives. Any vacancy in office shall be filled in the
4497	same manner as the original appointment. Any director may be
4498	reappointed.
4499	(3)  The Board of Governors State Board of Education shall
4500	provide in the agreement with the not-for-profit corporation for
4501	the following:
4502	(a)  Approval by the Board of Governors State Board of
4503	Education of the articles of incorporation of the not-for-profit
4504	corporation.
4505	(b)  Approval by the Board of Governors State Board of
4506	Education of the articles of incorporation of any not-for-profit
4507	corporate subsidiary created by the not-for-profit corporation.
4508	(c)  Utilization of lands, facilities, and personnel by the
4509	not-for-profit corporation and its subsidiaries for research,
4510	education, treatment, prevention, and the early detection of
4511	Alzheimer's disease and for mutually approved teaching and
4512	research programs conducted by the University of South Florida
4513	or other accredited medical schools or research institutes.
4514	(d)  Preparation of an annual financial audit pursuant to
4515	s. 11.45 of the not-for-profit corporation's accounts and the
4516	accounts of any subsidiaries to be conducted by an independent
4517	certified public accountant. The annual audit report shall
4518	include management letters and shall be submitted to the Auditor
4519	General and the Board of Governors State Board of Education for
4520	review. The Board of Governors State Board of Education, the
4521	Auditor General, and the Office of Program Policy Analysis and
4522	Government Accountability shall have the authority to require
4523	and receive from the not-for-profit corporation and any
4524	subsidiaries, or from their independent auditor, any detail or
4525	supplemental data relative to the operation of the not-for-
4526	profit corporation or subsidiary.
4527	(e)  Provision by the not-for-profit corporation and its
4528	subsidiaries of equal employment opportunities for all persons
4529	regardless of race, color, religion, gender, age, or national
4530	origin.
4531	(4)  The Board of Governors State Board of Education is
4532	authorized to secure comprehensive general liability protection,
4533	including professional liability protection, for the not-for-
4534	profit corporation and its subsidiaries, pursuant to s. 1004.24.
4535	The not-for-profit corporation and its subsidiaries shall be
4536	exempt from any participation in any property insurance trust
4537	fund established by law, including any property insurance trust
4538	fund established pursuant to chapter 284, so long as the not-
4539	for-profit corporation and its subsidiaries maintain property
4540	insurance protection with comparable or greater coverage limits.
4541	(5)  In the event that the agreement between the not-for-
4542	profit corporation and the Board of Governors State Board of
4543	Education is terminated for any reason, the Board of Governors
4544	State Board of Education shall assume governance and operation
4545	of the facilities.
4546	(6)  The institute shall be administered by a chief
4547	executive officer, who shall be appointed by and serve at the
4548	pleasure of the board of directors of the not-for-profit
4549	corporation, and who shall exercise the following powers and
4550	duties, subject to the approval of the board of directors:
4551	(a)  The chief executive officer shall establish programs
4552	that fulfill the mission of the institute in research,
4553	education, treatment, prevention, and early detection of
4554	Alzheimer's disease; however, the chief executive officer may
4555	not establish academic programs for which academic credit is
4556	awarded and which culminate in the conferring of a degree,
4557	without prior approval of the Board of Governors State Board of
4558	Education.
4559	(f)  The chief executive officer shall have a reporting
4560	relationship to the Board of Governors or its designee
4561	Commissioner of Education.
4562	(g)  The chief executive officer shall provide a copy of
4563	the institute's annual report to the Governor and Cabinet, the
4564	President of the Senate, the Speaker of the House of
4565	Representatives, and the chair of the Board of Governors State
4566	Board of Education. The annual report shall describe the
4567	expenditure of all funds and shall provide information regarding
4568	research that has been conducted or funded by the center, as
4569	well as the expected and actual results of such research.
4570	(h)  By August 1 of each year, the chief executive officer
4571	shall develop and submit to the Governor and Cabinet, the
4572	President of the Senate, the Speaker of the House of
4573	Representatives, and the chair of the Board of Governors State
4574	Board of Education an annual operating budget detailing the
4575	planned use of state, federal, and private funds for the fiscal
4576	year.
4577	(10)  The following information is confidential and exempt
4578	from s. 119.07(1) and s. 24, Art. I of the State Constitution:
4579	(a)  Personal identifying information relating to clients
4580	of programs created or funded through the Johnnie B. Byrd, Sr.,
4581	Alzheimer's Center and Research Institute that is held by the
4582	institute, the University of South Florida, the Board of
4583	Governors, or the State Board of Education;
4584	(b)  Medical or health records relating to patients held by
4585	the institute;
4586	(c)  Materials that relate to methods of manufacture or
4587	production, potential trade secrets, potentially patentable
4588	material, actual trade secrets as defined in s. 688.002, or
4589	proprietary information received, generated, ascertained, or
4590	discovered during the course of research conducted by or through
4591	the institute and business transactions resulting from such
4592	research;
4593	(d)  The personal identifying information of a donor or
4594	prospective donor to the institute who wishes to remain
4595	anonymous; and
4596	(e)  Any information received by the institute from a
4597	person from another state or nation or the Federal Government
4598	that is otherwise confidential or exempt pursuant to the laws of
4599	that state or nation or pursuant to federal law.
4600
4601	Any governmental entity that demonstrates a need to access such
4602	confidential and exempt information in order to perform its
4603	duties and responsibilities shall have access to such
4604	information.
4605	Section 99.  Paragraph (f) of subsection (7) of section
4606	1004.447, Florida Statutes, is amended to read:
4607	1004.447  Florida Institute for Human and Machine
4608	Cognition, Inc.--
4609	(7)  The corporation shall employ a chief executive officer
4610	to administer the affairs of the Florida Institute for Human and
4611	Machine Cognition, Inc. The chief executive officer shall be
4612	appointed by and serve at the pleasure of the board of
4613	directors. The chief executive officer shall exercise the
4614	following powers and duties, subject to the approval of the
4615	board of directors:
4616	(f)  Annually report in writing to the Board of Governors
4617	Commissioner of Education on the activities of the institute and
4618	state budget allocation expenditures.
4619	Section 100.  Section 1004.47, Florida Statutes, is amended
4620	to read:
4621	1004.47  Research activities relating to solid and
4622	hazardous waste management.--Research, training, and service
4623	activities related to solid and hazardous waste management
4624	conducted by state universities shall be coordinated by the
4625	Board of Governors State Board of Education. Proposals for
4626	research contracts and grants; public service assignments; and
4627	responses to requests for information and technical assistance
4628	by state and local government, business, and industry shall be
4629	addressed by a formal Type I Center process involving an
4630	advisory board of university personnel appointed by the
4631	Chancellor of the State University System Commissioner of
4632	Education and chaired and directed by an individual appointed by
4633	the Chancellor of the State University System Commissioner of
4634	Education. The Board of Governors State Board of Education shall
4635	consult with the Department of Environmental Protection in
4636	developing the research programs and provide the department with
4637	a copy of the proposed research program for review and comment
4638	before the research is undertaken. Research contracts shall be
4639	awarded to independent nonprofit colleges and universities
4640	within the state which are accredited by the Southern
4641	Association of Colleges and Schools on the same basis as those
4642	research contracts awarded to the state universities. Research
4643	activities shall include, but are not limited to, the following
4644	areas:
4645	(1)  Methods and processes for recycling solid and
4646	hazardous waste.
4647	(2)  Methods of treatment for detoxifying hazardous waste.
4648	(3)  Technologies for disposing of solid and hazardous
4649	waste.
4650	Section 101.  Paragraph (b) of subsection (1), paragraphs
4651	(a) and (i) of subsection (2), and subsection (3) of section
4652	1004.58, Florida Statutes, are amended to read:
4653	1004.58  Leadership Board for Applied Research and Public
4654	Service.--
4655	(1)  There is created the Leadership Board for Applied
4656	Research and Public Service to be staffed by the Institute of
4657	Science and Public Affairs at Florida State University. The
4658	purpose of the board is to focus, coordinate, and maximize
4659	university resources on current issues and events affecting
4660	Florida's residents and elected officials. Emphasis shall be
4661	placed on being responsive to and providing accurate, timely,
4662	useful, and relevant information to decisionmakers in state and
4663	local governments. The board shall set forth a process to
4664	provide comprehensive guidance and advice for improving the
4665	types and quality of services to be delivered by the state
4666	universities. Specifically, the board shall better identify and
4667	define the missions and roles of existing institutes and centers
4668	at each state university, work to eliminate duplication and
4669	confusion over conflicting roles and missions, involve more
4670	students in learning with applied research and public service
4671	activities, and be organizationally separate from academic
4672	departments. The board shall meet at least quarterly. The board
4673	may create internal management councils that may include working
4674	institute and center directors. The board is responsible for,
4675	but is not limited to:
4676	(b)  Addressing state university policy matters and making
4677	recommendations to the Board of Governors State Board of
4678	Education as they relate to applied public service and research.
4679	(2)  Membership of the board shall be:
4680	(a)  The Chancellor of the State University System
4681	Commissioner of Education, or the chancellor's commissioner's
4682	designee, who shall serve as chair.
4683	(i)  Five additional university president members,
4684	designated by the chancellor commissioner, to rotate annually.
4685	(3)  The board shall prepare a report for the Board of
4686	Governors State Board of Education to be submitted to the
4687	Governor and the Legislature by January 1 of each year which
4688	summarizes the work and recommendations of the board in meeting
4689	its purpose and mission.
4690	Section 102.  Paragraph (d) of subsection (1) of section
4691	1005.03, Florida Statutes, is amended to read:
4692	1005.03  Designation "college" or "university".--
4693	(1)  The use of the designation "college" or "university"
4694	in combination with any series of letters, numbers, or words is
4695	restricted in this state to colleges or universities as defined
4696	in s. 1005.02 that offer degrees as defined in s. 1005.02 and
4697	fall into at least one of the following categories:
4698	(d)  A college that is under the jurisdiction of the
4699	Division of Colleges and Universities of the Department of
4700	Education, whose students are eligible to participate in for the
4701	William L. Boyd, IV, Florida Resident Access Grant Program, and
4702	that is a nonprofit independent college or university located
4703	and chartered in this state and accredited by the Commission on
4704	Colleges of the Southern Association of Colleges and Schools to
4705	grant baccalaureate degrees.
4706	Section 103.  Paragraph (c) of subsection (1) of section
4707	1005.06, Florida Statutes, is amended to read:
4708	1005.06  Institutions not under the jurisdiction or purview
4709	of the commission.--
4710	(1)  Except as otherwise provided in law, the following
4711	institutions are not under the jurisdiction or purview of the
4712	commission and are not required to obtain licensure:
4713	(c)  Any institution that is under the jurisdiction of the
4714	Division of Colleges and Universities of the Department of
4715	Education, whose students are eligible to participate in for the
4716	William L. Boyd, IV, Florida Resident Access Grant Program, and
4717	that is a nonprofit independent college or university located
4718	and chartered in this state and accredited by the Commission on
4719	Colleges of the Southern Association of Colleges and Schools to
4720	grant baccalaureate degrees.
4721	Section 104.  Paragraph (e) of subsection (2) of section
4722	1005.22, Florida Statutes, is amended to read:
4723	1005.22  Powers and duties of commission.--
4724	(2)  The commission may:
4725	(e)  Advise the Governor, the Legislature, the State Board
4726	of Education, the Council for Education Policy Research and
4727	Improvement, and the Commissioner of Education on issues
4728	relating to private postsecondary education.
4729	Section 105.  Section 1006.53, Florida Statutes, is amended
4730	to read:
4731	1006.53  Religious observances.--Each public postsecondary
4732	educational institution shall adopt a policy in accordance with
4733	rules of the State Board of Education which reasonably
4734	accommodates the religious observance, practice, and belief of
4735	individual students in regard to admissions, class attendance,
4736	and the scheduling of examinations and work assignments. Each
4737	policy shall include a grievance procedure by which a student
4738	who believes that he or she has been unreasonably denied an
4739	educational benefit due to his or her religious belief or
4740	practices may seek redress. Such policy shall be made known to
4741	faculty and students annually in inclusion in the institution's
4742	handbook, manual, or other similar document regularly provided
4743	to faculty and students.
4744	Section 106.  Subsection (3) of section 1006.60, Florida
4745	Statutes, is amended to read:
4746	1006.60  Codes of conduct; disciplinary measures;
4747	rulemaking authority.--
4748	(3)  Sanctions authorized by such codes of conduct may be
4749	imposed only for acts or omissions in violation of rules adopted
4750	by the institution, including rules adopted under this section,
4751	rules of the State Board of Education or the Board of Governors
4752	regarding the State University System, county and municipal
4753	ordinances, and the laws of this state, the United States, or
4754	any other state.
4755	Section 107.  Subsection (1) of section 1006.61, Florida
4756	Statutes, is amended to read:
4757	1006.61  Participation by students in disruptive activities
4758	at public postsecondary educational institution; penalties.--
4759	(1)  Any person who accepts the privilege extended by the
4760	laws of this state of attendance at any public postsecondary
4761	educational institution shall, by attending such institution, be
4762	deemed to have given his or her consent to the policies of that
4763	institution, the State Board of Education, and the Board of
4764	Governors regarding the State University System, and the laws of
4765	this state. Such policies shall include prohibition against
4766	disruptive activities at public postsecondary educational
4767	institutions.
4768	Section 108.  Subsections (1) and (3) of section 1006.62,
4769	Florida Statutes, are amended to read:
4770	1006.62  Expulsion and discipline of students of community
4771	colleges and state universities.--
4772	(1)  Each student in a community college or state
4773	university is subject to federal and state law, respective
4774	county and municipal ordinances, and all rules and regulations
4775	of the State Board of Education, the Board of Governors
4776	regarding the State University System, or the board of trustees
4777	of the institution.
4778	(3)  Each president of a community college or state
4779	university may, after notice to the student of the charges and
4780	after a hearing thereon, to expel, suspend, or otherwise
4781	discipline any student who is found to have violated any law,
4782	ordinance, or rule or regulation of the State Board of
4783	Education, the Board of Governors regarding the State University
4784	System, or of the board of trustees of the institution. A
4785	student may be entitled to waiver of expulsion:
4786	(a)  If the student provides substantial assistance in the
4787	identification, arrest, or conviction of any of his or her
4788	accomplices, accessories, coconspirators, or principals or of
4789	any other person engaged in violations of chapter 893 within a
4790	state university or community college;
4791	(b)  If the student voluntarily discloses his or her
4792	violations of chapter 893 prior to his or her arrest; or
4793	(c)  If the student commits himself or herself, or is
4794	referred by the court in lieu of sentence, to a state-licensed
4795	drug abuse program and successfully completes the program.
4796	Section 109.  Section 1006.65, Florida Statutes, is amended
4797	to read:
4798	1006.65  Safety issues in courses offered by public
4799	postsecondary educational institutions.--
4800	(1)  The State Board of Education shall adopt rules to
4801	ensure that policies and procedures are in place to protect the
4802	health and safety of students, instructional personnel, and
4803	visitors who participate in courses offered by a community
4804	college public postsecondary educational institution.
4805	(2)  The Board of Governors shall adopt rules to ensure
4806	that policies and procedures are in place to protect the health
4807	and safety of students, instructional personnel, and visitors
4808	who participate in courses offered by a state university.
4809	(3)(2)  Such policies and procedures shall be guided by
4810	industry standards for practices in the course content area and
4811	shall conform with all related and relevant state and federal
4812	health and safety requirements.
4813	Section 110.  Section 1006.71, Florida Statutes, is amended
4814	to read:
4815	1006.71  Gender equity in intercollegiate athletics.--
4816	(1)  GENDER EQUITY PLAN.--
4817	(a)  Each community college and state university shall
4818	develop a gender equity plan pursuant to s. 1000.05.
4819	(b)  The plan shall include consideration of equity in
4820	sports offerings, participation, availability of facilities,
4821	scholarship offerings, and funds allocated for administration,
4822	recruitment, comparable coaching, publicity and promotion, and
4823	other support costs.
4824	(c)  The Commissioner of Education shall annually assess
4825	the progress of each community college's institution's plan and
4826	advise the State Board of Education and the Legislature
4827	regarding compliance.
4828	(d)  The Chancellor of the State University System shall
4829	annually assess the progress of each state university's plan and
4830	advise the Board of Governors and the Legislature regarding
4831	compliance.
4832	(e)(d)  Each board of trustees of a public community
4833	college or state university shall annually evaluate the
4834	presidents on the extent to which the gender equity goals have
4835	been achieved.
4836	(f)(e)  To determine the proper level of support for
4837	women's athletic scholarships, an equity plan may determine,
4838	where appropriate, that support for women's scholarships may be
4839	disproportionate to the support of scholarships for men.
4840	(g)1.(f)  If a community college or state university is not
4841	in compliance with Title IX of the Education Amendments of 1972
4842	and the Florida Educational Equity Act, the State Board of
4843	Education shall:
4844	a.1.  Declare the community college institution ineligible
4845	for competitive state grants.
4846	b.2.  Withhold funds sufficient to obtain compliance.
4847
4848	The community college institution shall remain ineligible and
4849	the funds shall not be paid until the community college
4850	institution comes into compliance or the Commissioner of
4851	Education approves a plan for compliance.
4852	2.  If a state university is not in compliance with Title
4853	IX of the Education Amendments of 1972 and the Florida
4854	Educational Equity Act, the Board of Governors shall:
4855	a.  Declare the state university ineligible for competitive
4856	state grants.
4857	b.  Withhold funds sufficient to obtain compliance.
4858
4859	The state university shall remain ineligible and the funds shall
4860	not be paid until the state university comes into compliance or
4861	the Board of Governors approves a plan for compliance.
4862	(2)  FUNDING.--
4863	(a)  An equitable portion of all separate athletic fees
4864	shall be designated for women's intercollegiate athletics.
4865	(b)  The level of funding and percentage share of support
4866	for women's intercollegiate athletics for community colleges
4867	shall be determined by the State Board of Education. The level
4868	of funding and percentage share of support for women's
4869	intercollegiate athletics for state universities shall be
4870	determined by the Board of Governors. The level of funding and
4871	percentage share attained in the 1980-1981 fiscal year shall be
4872	the minimum level and percentage maintained by each institution,
4873	except as the State Board of Education or the Board of Governors
4874	otherwise directs its respective institutions for the purpose of
4875	assuring equity. Consideration shall be given by the State Board
4876	of Education or the Board of Governors to emerging athletic
4877	programs at institutions which may not have the resources to
4878	secure external funds to provide athletic opportunities for
4879	women. It is the intent that the effect of any redistribution of
4880	funds among institutions shall not negate the requirements as
4881	set forth in this section.
4882	(c)  In addition to the above amount, an amount equal to
4883	the sales taxes collected from admission to athletic events
4884	sponsored by a state university shall be retained and utilized
4885	by each university to support women's athletics.
4886	(3)  STATE BOARD OF EDUCATION.--The State Board of
4887	Education shall assure equal opportunity for female athletes at
4888	community colleges and establish:
4889	(a)  Guidelines for reporting of intercollegiate athletics
4890	data concerning financial, program, and facilities information
4891	for review by the State Board of Education annually.
4892	(b)  Systematic audits for the evaluation of such data.
4893	(c)  Criteria for determining and assuring equity.
4894	(4)  BOARD OF GOVERNORS.--The Board of Governors shall
4895	ensure equal opportunity for female athletes at state
4896	universities and establish:
4897	(a)  Guidelines for reporting of intercollegiate athletics
4898	data concerning financial, program, and facilities information
4899	for review by the Board of Governors annually.
4900	(b)  Systematic audits for the evaluation of such data.
4901	(c)  Criteria for determining and ensuring equity.
4902	Section 111.  Section 1007.01, Florida Statutes, is amended
4903	to read:
4904	1007.01  Articulation; legislative intent; purpose; role of
4905	the State Board of Education and the Board of Governors.--
4906	(1)  It is the intent of the Legislature to facilitate
4907	articulation and seamless integration of the K-20 education
4908	system by building and sustaining relationships among K-20
4909	public organizations, between public and private organizations,
4910	and between the education system as a whole and Florida's
4911	communities. The purpose of building and sustaining these
4912	relationships is to provide for the efficient and effective
4913	progression and transfer of students within the education system
4914	and to allow students to proceed toward their educational
4915	objectives as rapidly as their circumstances permit.
4916	(2)  To improve and facilitate articulation systemwide, the
4917	State Board of Education and the Board of Governors shall
4918	recommend develop policies and guidelines to the Legislature
4919	with input from statewide K-20 advisory groups established by
4920	the Commissioner of Education relating to:
4921	(a)  The alignment between the exit requirements of one
4922	system and the admissions requirements of another system into
4923	which students typically transfer.
4924	(b)  The identification of common courses, the level of
4925	courses, institutional participation in a statewide course
4926	numbering system, and the transferability of credits among such
4927	institutions.
4928	(c)  Identification of courses that meet general education
4929	or common degree program prerequisite requirements at public
4930	postsecondary educational institutions.
4931	(d)  Dual enrollment course equivalencies.
4932	(e)  Articulation agreements.
4933	Section 112.  Subsection (1) of section 1007.22, Florida
4934	Statutes, is amended to read:
4935	1007.22  Articulation; postsecondary institution
4936	coordination and collaboration.--
4937	(1)  The university boards of trustees, community college
4938	boards of trustees, and district school boards are encouraged to
4939	may establish intrainstitutional and interinstitutional programs
4940	to maximize articulation. Programs may include upper-division-
4941	level courses offered at the community college, distance
4942	learning, transfer agreements that facilitate the transfer of
4943	credits between public and nonpublic postsecondary institutions,
4944	and the concurrent enrollment of students at a community college
4945	and a state university to enable students to take any level of
4946	baccalaureate degree coursework.
4947	Section 113.  Subsections (1), (2), and (5) of section
4948	1007.23, Florida Statutes, are amended to read:
4949	1007.23  Statewide articulation agreement.--
4950	(1)  The State Board of Education and the Board of
4951	Governors shall enter into establish in rule a statewide
4952	articulation agreement which the State Board of Education shall
4953	adopt by rule. The agreement must preserve Florida's "2 + 2"
4954	system of articulation, facilitate the seamless articulation of
4955	student credit across and among Florida's educational entities,
4956	and reinforce the provisions of this chapter by governing that
4957	governs:
4958	(a)  Articulation between secondary and postsecondary
4959	education;
4960	(b)  Admission of associate in arts degree graduates from
4961	community colleges and state universities;
4962	(c)  Admission of applied technology diploma program
4963	graduates from community colleges or career centers;
4964	(d)  Admission of associate in science degree and associate
4965	in applied science degree graduates from community colleges;
4966	(e)  The use of acceleration mechanisms, including
4967	nationally standardized examinations through which students may
4968	earn credit;
4969	(f)  General education requirements and statewide course
4970	numbers as provided for in ss. 1007.24 and 1007.25; and
4971	(g)  Articulation among programs in nursing.
4972	(2)  The articulation agreement must specifically provide
4973	that every associate in arts graduate of a community college
4974	shall have met all general education requirements and must be
4975	granted admission to the upper division of a state university
4976	except to a limited access or teacher certification program or a
4977	major program requiring an audition. After admission has been
4978	granted to students under provisions of this section and to
4979	university students who have successfully completed 60 credit
4980	hours of coursework, including 36 hours of general education,
4981	and met the requirements of s. 1008.29, admission shall be
4982	granted to state university and community college students who
4983	have successfully completed 60 credit hours of work, including
4984	36 hours of general education. Community college associate in
4985	arts graduates shall receive priority for admission to a state
4986	university over out-of-state students. Orientation programs and
4987	student handbooks provided to freshman enrollees and transfer
4988	students at state universities must include an explanation of
4989	this provision of the articulation agreement.
4990	(5)  The articulation agreement must guarantee the
4991	articulation of 9 credit hours toward a postsecondary degree in
4992	early childhood education for programs approved by the State
4993	Board of Education and the Board of Governors which:
4994	(a)  Award a child development associate credential issued
4995	by the National Credentialing Program of the Council for
4996	Professional Recognition or award a credential approved under s.
4997	1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
4998	child development associate credential; and
4999	(b)  Include training in emergent literacy which meets or
5000	exceeds the minimum standards for training courses for
5001	prekindergarten instructors of the Voluntary Prekindergarten
5002	Education Program in s. 1002.59.
5003	Section 114.  Subsections (1), (2), (3), and (4) of section
5004	1007.24, Florida Statutes, are amended to read:
5005	1007.24  Statewide course numbering system.--
5006	(1)  The Department of Education, in conjunction with the
5007	Board of Governors, shall develop, coordinate, and maintain a
5008	statewide course numbering system for postsecondary and dual
5009	enrollment education in school districts, public postsecondary
5010	educational institutions, and participating nonpublic
5011	postsecondary educational institutions that will improve program
5012	planning, increase communication among all delivery systems, and
5013	facilitate student acceleration and the transfer of students and
5014	credits between public school districts, public postsecondary
5015	educational institutions, and participating nonpublic
5016	educational institutions. The continuing maintenance of the
5017	system shall be accomplished with the assistance of appropriate
5018	faculty committees representing public and participating
5019	nonpublic educational institutions.
5020	(2)  The Commissioner of Education, in conjunction with the
5021	Chancellor of the State University System, shall appoint faculty
5022	committees representing faculties of participating institutions
5023	to recommend a single level for each course, including
5024	postsecondary career education courses, included in the
5025	statewide course numbering system.
5026	(a)  Any course designated as an upper-division-level
5027	course must be characterized by a need for advanced academic
5028	preparation and skills that a student would be unlikely to
5029	achieve without significant prior coursework.
5030	(b)  A course that is offered as part of an associate in
5031	science degree program and as an upper-division course for a
5032	baccalaureate degree shall be designated for both the lower and
5033	upper division.
5034	(c)  A course designated as lower-division may be offered
5035	by any community college.
5036	(3)  The Commissioner of Education shall recommend to the
5037	State Board of Education the levels for the courses. The State
5038	Board of Education, with input from the Board of Governors,
5039	shall approve the levels for the courses.
5040	(4)  The statewide course numbering system shall include
5041	the courses at the recommended levels.
5042	Section 115.  Subsections (5), (6), (8), (9), and (11) of
5043	section 1007.25, Florida Statutes, are amended to read:
5044	1007.25  General education courses; common prerequisites;
5045	and other degree requirements.--
5046	(5)  The department shall identify common prerequisite
5047	courses and course substitutions for degree programs across all
5048	institutions. Common degree program prerequisites shall be
5049	offered and accepted by all state universities and community
5050	colleges, except in cases approved by the State Board of
5051	Education for community colleges and the Board of Governors for
5052	state universities pursuant to s. 1001.02(2)(x). The department
5053	shall develop a centralized database containing the list of
5054	courses and course substitutions that meet the prerequisite
5055	requirements for each baccalaureate degree program.
5056	(6)  The boards of trustees of the community colleges and
5057	state universities shall identify their core curricula, which
5058	shall include courses required by the State Board of Education.
5059	The boards of trustees of the state universities shall identify
5060	their core curricula, which shall include courses required by
5061	the Board of Governors. The universities and community colleges
5062	shall work with their school districts to assure that high
5063	school curricula coordinate with the core curricula and to
5064	prepare students for college-level work. Core curricula for
5065	associate in arts programs shall be adopted in rule by the State
5066	Board of Education and shall include 36 semester hours of
5067	general education courses in the subject areas of communication,
5068	mathematics, social sciences, humanities, and natural sciences.
5069	(8)  A baccalaureate degree program shall require no more
5070	than 120 semester hours of college credit, including 36 semester
5071	hours of general education coursework, unless prior approval has
5072	been granted by the Board of Governors for baccalaureate degree
5073	programs offered by state universities and by the State Board of
5074	Education for baccalaureate degree programs offered by community
5075	colleges.
5076	(9)  A student who received an associate in arts degree for
5077	successfully completing 60 semester credit hours may continue to
5078	earn additional credits at a community college. The university
5079	must provide credit toward the student's baccalaureate degree
5080	for an additional community college course if, according to the
5081	statewide course numbering, the community college course is a
5082	course listed in the university catalog as required for the
5083	degree or as prerequisite to a course required for the degree.
5084	Of the courses required for the degree, at least half of the
5085	credit hours required for the degree shall be achievable through
5086	courses designated as lower division, except in degree programs
5087	approved by the State Board of Education for programs offered by
5088	community colleges and by the Board of Governors for programs
5089	offered by state universities.
5090	(11)  The Commissioner of Education shall appoint faculty
5091	committees representing both community college and public school
5092	faculties to recommend to the commissioner for approval by the
5093	State Board of Education a standard program length and
5094	appropriate occupational completion points for each
5095	postsecondary career certificate program, diploma, and degree
5096	offered by a school district or a community college.
5097	Section 116.  Paragraph (b) of subsection (2) and paragraph
5098	(d) of subsection (3) of section 1007.2615, Florida Statutes,
5099	are amended to read:
5100	1007.2615  American Sign Language; findings; foreign-
5101	language credits authorized; teacher licensing.--
5102	(2)  AMERICAN SIGN LANGUAGE; FOREIGN-LANGUAGE CREDIT.--
5103	(b)  Any public or independent school may offer American
5104	Sign Language for foreign-language credit. Students taking
5105	American Sign Language for foreign-language credit must be
5106	advised by the school board prior to enrollment in such course
5107	that state universities and postsecondary institutions outside
5108	of Florida may not accept such credits as satisfying foreign-
5109	language requirements.
5110	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
5111	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
5112	FOR POSTSECONDARY EDUCATION PROVIDERS.--
5113	(d)  The Commissioner of Education shall work with
5114	providers of postsecondary education, except for state
5115	universities, to develop and implement a plan to ensure that
5116	these postsecondary institutions in this state will accept
5117	secondary school credits in ASL as credits in a foreign language
5118	and to encourage postsecondary institutions to offer ASL courses
5119	to students as a fulfillment of the requirement for studying a
5120	foreign language.
5121	Section 117.  Section 1007.262, Florida Statutes, is
5122	amended to read:
5123	1007.262  Foreign language competence; equivalence
5124	determinations.--The Department of Education shall identify the
5125	competencies demonstrated by students upon the successful
5126	completion of 2 credits of sequential high school foreign
5127	language instruction. For the purpose of determining
5128	postsecondary equivalence pursuant to s. 1007.261(1)(b), the
5129	department shall develop rules through which community colleges
5130	correlate such competencies to the competencies required of
5131	students in the colleges' respective courses. Based on this
5132	correlation, each community college shall identify the minimum
5133	number of postsecondary credits that students must earn in order
5134	to demonstrate a level of competence in a foreign language at
5135	least equivalent to that of students who have completed 2
5136	credits of such instruction in high school. The department may
5137	also specify alternative means by which students can demonstrate
5138	equivalent foreign language competence, including means by which
5139	a student whose native language is not English may demonstrate
5140	proficiency in the native language. A student who demonstrates
5141	proficiency in a native language other than English is exempt
5142	from a the requirement of completing foreign language courses at
5143	the secondary or community college postsecondary level.
5144	Section 118.  Section 1007.264, Florida Statutes, is
5145	amended to read:
5146	1007.264  Impaired and learning disabled persons; admission
5147	to postsecondary educational institutions; substitute
5148	requirements; rules.--
5149	(1)  Any student with a disability, as defined in s.
5150	1007.02(2), except those students who have been documented as
5151	having mental retardation, shall be eligible for reasonable
5152	substitution for any requirement for admission into a public
5153	postsecondary educational institution where documentation can be
5154	provided that the person's failure to meet the admission
5155	requirement is related to the disability.
5156	(2)  The State Board of Education, in consultation with the
5157	Board of Governors, shall adopt rules to implement this section
5158	for community colleges and shall develop substitute admission
5159	requirements where appropriate.
5160	(3)  The Board of Governors, in consultation with the State
5161	Board of Education, shall adopt rules to implement this section
5162	for state universities and shall develop substitute admission
5163	requirements where appropriate.
5164	Section 119.  Section 1007.265, Florida Statutes, is
5165	amended to read:
5166	1007.265  Impaired and learning disabled persons;
5167	graduation, study program admission, and upper-division entry;
5168	substitute requirements; rules.--
5169	(1)  Any student with a disability, as defined in s.
5170	1007.02(2), in a public postsecondary educational institution,
5171	except those students who have been documented as having mental
5172	retardation, shall be eligible for reasonable substitution for
5173	any requirement for graduation, for admission into a program of
5174	study, or for entry into the upper division where documentation
5175	can be provided that the person's failure to meet the
5176	requirement is related to the disability and where failure to
5177	meet the graduation requirement or program admission requirement
5178	does not constitute a fundamental alteration in the nature of
5179	the program.
5180	(2)  The State Board of Education, in consultation with the
5181	Board of Governors, shall adopt rules to implement this section
5182	for community colleges and shall develop substitute requirements
5183	where appropriate.
5184	(3)  The Board of Governors, in consultation with the State
5185	Board of Education, shall adopt rules to implement this section
5186	for state universities and shall develop substitute requirements
5187	where appropriate.
5188	Section 120.  Subsections (6), (7), (8), (9), and (11) of
5189	section 1007.27, Florida Statutes, are amended to read:
5190	1007.27  Articulated acceleration mechanisms.--
5191	(6)  Advanced placement shall be the enrollment of an
5192	eligible secondary student in a course offered through the
5193	Advanced Placement Program administered by the College Board.
5194	Postsecondary credit for an advanced placement course shall be
5195	limited to students who score a minimum of 3, on a 5-point
5196	scale, on the corresponding Advanced Placement Examination. The
5197	specific courses for which students receive such credit shall be
5198	identified in the statewide articulation agreement required by
5199	s. 1007.23(1) determined by the department. Students of Florida
5200	public secondary schools enrolled pursuant to this subsection
5201	shall be exempt from the payment of any fees for administration
5202	of the examination regardless of whether or not the student
5203	achieves a passing score on the examination.
5204	(7)  Credit by examination shall be the program through
5205	which secondary and postsecondary students generate
5206	postsecondary credit based on the receipt of a specified minimum
5207	score on nationally standardized general or subject-area
5208	examinations. For the purpose of statewide application, such
5209	examinations and the corresponding minimum scores required for
5210	an award of credit shall be delineated by the State Board of
5211	Education and the Board of Governors in the statewide
5212	articulation agreement required by s. 1007.23(1). The maximum
5213	credit generated by a student pursuant to this subsection shall
5214	be mitigated by any related postsecondary credit earned by the
5215	student prior to the administration of the examination. This
5216	subsection shall not preclude community colleges and
5217	universities from awarding credit by examination based on
5218	student performance on examinations developed within and
5219	recognized by the individual postsecondary institutions.
5220	(8)  The International Baccalaureate Program shall be the
5221	curriculum in which eligible secondary students are enrolled in
5222	a program of studies offered through the International
5223	Baccalaureate Program administered by the International
5224	Baccalaureate Office. The State Board of Education and the Board
5225	of Governors shall establish rules which specify in the
5226	statewide articulation agreement required by s. 1007.23(1) the
5227	cutoff scores and International Baccalaureate Examinations which
5228	will be used to grant postsecondary credit at community colleges
5229	and universities. Any changes to the articulation agreement such
5230	rules, which have the effect of raising the required cutoff
5231	score or of changing the International Baccalaureate
5232	Examinations which will be used to grant postsecondary credit,
5233	shall only apply to students taking International Baccalaureate
5234	Examinations after such changes rules are adopted by the State
5235	Board of Education and the Board of Governors. Students shall be
5236	awarded a maximum of 30 semester credit hours pursuant to this
5237	subsection. The specific course for which a student may receive
5238	receives such credit shall be specified in the statewide
5239	articulation agreement required by s. 1007.23(1) determined by
5240	the department. Students enrolled pursuant to this subsection
5241	shall be exempt from the payment of any fees for administration
5242	of the examinations regardless of whether or not the student
5243	achieves a passing score on the examination.
5244	(9)  The Advanced International Certificate of Education
5245	Program and the International General Certificate of Secondary
5246	Education (pre-AICE) Program shall be the curricula in which
5247	eligible secondary students are enrolled in programs of study
5248	offered through the Advanced International Certificate of
5249	Education Program or the International General Certificate of
5250	Secondary Education (pre-AICE) Program administered by the
5251	University of Cambridge Local Examinations Syndicate. The State
5252	Board of Education and the Board of Governors shall establish
5253	rules which specify in the statewide articulation agreement
5254	required by s. 1007.23(1) the cutoff scores and Advanced
5255	International Certificate of Education examinations which will
5256	be used to grant postsecondary credit at community colleges and
5257	universities. Any changes to the cutoff scores such rules, which
5258	changes have the effect of raising the required cutoff score or
5259	of changing the Advanced International Certification of
5260	Education examinations which will be used to grant postsecondary
5261	credit, shall apply to students taking Advanced International
5262	Certificate of Education examinations after such changes rules
5263	are adopted by the State Board of Education and the Board of
5264	Governors. Students shall be awarded a maximum of 30 semester
5265	credit hours pursuant to this subsection. The specific course
5266	for which a student may receive receives such credit shall be
5267	determined by the community college or university that accepts
5268	the student for admission. Students enrolled in either program
5269	of study pursuant to this subsection shall be exempt from the
5270	payment of any fees for administration of the examinations
5271	regardless of whether the student achieves a passing score on
5272	the examination.
5273	(11)(a)  The State Board of Education shall conduct a
5274	review of the extent to which the acceleration mechanisms
5275	authorized by this section are currently utilized by school
5276	districts and public postsecondary educational institutions and
5277	shall submit a report to the Governor and the Legislature by
5278	December 31, 2003.
5279	(b)  The report must include a summary of ongoing
5280	activities and a plan to increase and enhance the use of
5281	acceleration mechanisms as a way to shorten the length of time
5282	as well as the funding required for a student, including a
5283	student with a documented disability, to obtain a postsecondary
5284	degree.
5285	(c)  The review and plan shall address, but are not limited
5286	to, the following issues:
5287	1.  The manner in which students, including students with
5288	documented disabilities, are advised regarding the availability
5289	of acceleration mechanism options.
5290	2.  The availability of acceleration mechanism options to
5291	eligible students, including students with documented
5292	disabilities, who wish to participate.
5293	3.  The grading practices, including weighting of courses,
5294	of school districts and public postsecondary educational
5295	institutions with regard to credit earned through acceleration
5296	mechanisms.
5297	4.  The extent to which credit earned through an
5298	acceleration mechanism is used to meet the general education
5299	requirements of a public postsecondary educational institution.
5300	5.  The extent to which the secondary instruction
5301	associated with acceleration mechanism options could be offered
5302	at sites other than public K through 12 school sites to assist
5303	in meeting class size reduction needs.
5304	6.  The manner in which funding for instruction associated
5305	with acceleration mechanism options is provided.
5306	7.  The feasibility of providing students, including
5307	students with documented disabilities, the option of choosing
5308	Advanced Placement credit or College Level Examination Program
5309	(CLEP) credit as an alternative to dual enrollment credit upon
5310	completion of a dual enrollment course.
5311	Section 121.  Section 1007.28, Florida Statutes, is amended
5312	to read:
5313	1007.28  Computer-assisted student advising system.--The
5314	Department State Board of Education, in conjunction with the
5315	Board of Governors, shall establish and maintain within the
5316	Department of Education a single, statewide computer-assisted
5317	student advising system, which must be an integral part of the
5318	process of advising, registering, and certifying students for
5319	graduation. It is intended that an advising system be the
5320	primary advising and tracking tool for students enrolled in
5321	public postsecondary educational institutions and must be
5322	accessible to all Florida students. The state universities and
5323	community colleges shall interface institutional systems with
5324	the computer-assisted advising system required by this section.
5325	The State Board of Education and the Board of Governors shall
5326	specify in the statewide articulation agreement required by s.
5327	1007.23(1) prescribe by rule the roles and responsibilities of
5328	the department, the state universities, and the community
5329	colleges in the design, implementation, promotion, development,
5330	and analysis of the system. The system shall consist of a degree
5331	audit and an articulation component that includes the following
5332	characteristics:
5333	(1)  The system shall constitute an integral part of the
5334	process of advising students and assisting them in course
5335	selection. The system shall be accessible to students in the
5336	following ways:
5337	(a)  A student must be able to access the system, at any
5338	time, to identify course options that will meet the requirements
5339	of a selected path toward a degree.
5340	(b)  A status report from the system shall be generated and
5341	sent with each grade report to each student enrolled in public
5342	postsecondary educational institutions with a declared major.
5343	(2)  The system shall be an integral part of the
5344	registration process at public postsecondary educational
5345	institutions. As part of the process, the system shall:
5346	(a)  Provide reports that document each student's status
5347	toward completion of a degree.
5348	(b)  Verify that a student has completed requirements for
5349	graduation.
5350	(3)  The system must provide students information related
5351	to career descriptions and corresponding educational
5352	requirements, admissions requirements, and available sources of
5353	student financial assistance. Such advising must enable students
5354	to examine their interests and aptitudes for the purpose of
5355	curricular and career planning.
5356	(4)  The system must provide management information to
5357	decisionmakers, including information relating student
5358	enrollment patterns and course demands to plans for
5359	corresponding course offerings and information useful in
5360	planning the student registration process.
5361	Section 122.  Subsection (3) of section 1007.33, Florida
5362	Statutes, is amended to read:
5363	1007.33  Site-determined baccalaureate degree access.--
5364	(3)  A community college may develop a proposal to deliver
5365	specified baccalaureate degree programs in its district to meet
5366	local workforce needs. The proposal must be submitted to the
5367	State Board of Education for approval. The community college's
5368	proposal must include the following information:
5369	(a)  Demand for the baccalaureate degree program is
5370	identified by the workforce development board, local businesses
5371	and industry, local chambers of commerce, and potential
5372	students.
5373	(b)  Unmet need for graduates of the proposed degree
5374	program is substantiated.
5375	(c)  The community college has the facilities and academic
5376	resources to deliver the program.
5377
5378	The proposal must be submitted to the Council for Education
5379	Policy Research and Improvement for review and comment. Upon
5380	approval of the State Board of Education for the specific degree
5381	program or programs, the community college shall pursue regional
5382	accreditation by the Commission on Colleges of the Southern
5383	Association of Colleges and Schools. Any additional
5384	baccalaureate degree programs the community college wishes to
5385	offer must be approved by the State Board of Education.
5386	Section 123.  Subsections (4), (8), and (9) of section
5387	1008.29, Florida Statutes, are amended to read:
5388	1008.29  College-level communication and mathematics skills
5389	examination (CLAST).--
5390	(4)  The State Board of Education, in conjunction with the
5391	Board of Governors by rule, shall set the minimum scores that
5392	constitute successful completion of the examination. In
5393	establishing the minimum scores that constitute successful
5394	completion of the examination, the boards State Board of
5395	Education shall consider any possible negative impact of the
5396	tests on minority students. Determinations regarding a student's
5397	successful completion of the examination shall be based on the
5398	minimum standards prescribed by rule for the date the student
5399	initially takes the examination.
5400	(8)(a)  The State Board of Education, by rule, shall
5401	establish fees for the administration of the examination by
5402	community colleges at times other than regularly scheduled dates
5403	to accommodate examinees who are unable to be tested on those
5404	dates. The state board shall establish the conditions under
5405	which examinees may be admitted to the special administrations.
5406	(b)  The Board of Governors may establish fees for the
5407	administration of the examination by state universities at times
5408	other than regularly scheduled dates to accommodate examinees
5409	who are unable to be tested on those dates. The Board of
5410	Governors may establish the conditions under which examinees may
5411	be admitted to the special administrations.
5412	(9)  Any student fulfilling one or both of the following
5413	requirements before completion of associate in arts degree
5414	requirements or baccalaureate degree requirements is exempt from
5415	the testing requirements of this section:
5416	(a)  Achieves a score that meets or exceeds a minimum score
5417	on a nationally standardized examination, as established by the
5418	State Board of Education in conjunction with the Board of
5419	Governors; or
5420	(b)  Demonstrates successful remediation of any academic
5421	deficiencies identified by the college placement test and
5422	achieves a cumulative grade point average of 2.5 or above, on a
5423	4.0 scale, in postsecondary-level coursework identified by the
5424	State Board of Education in conjunction with the Board of
5425	Governors. The Department of Education shall specify the means
5426	by which a student may demonstrate successful remediation.
5427
5428	Any student denied a degree prior to January 1, 1996, based on
5429	the failure of at least one subtest of the CLAST may use either
5430	of the alternatives specified in this subsection for receipt of
5431	a degree if such student meets all degree program requirements
5432	at the time of application for the degree under the exemption
5433	provisions of this subsection. This section does not require a
5434	student to take the CLAST before being given the opportunity to
5435	use any of the alternatives specified in this subsection. The
5436	exemptions provided herein do not apply to requirements for
5437	certification as provided in s. 1012.56.
5438	Section 124.  Subsections (1) and (4) of section 1008.30,
5439	Florida Statutes, are amended to read:
5440	1008.30  Common placement testing for public postsecondary
5441	education.--
5442	(1)  The State Board of Education, in conjunction with the
5443	Board of Governors, shall develop and implement a common
5444	placement test for the purpose of assessing the basic
5445	computation and communication skills of students who intend to
5446	enter a degree program at any public postsecondary educational
5447	institution. The State Board of Education shall adopt rules
5448	which enable Public postsecondary educational institutions shall
5449	provide to implement appropriate modifications of the test
5450	instruments or test procedures for students with disabilities.
5451	(4)(a)  Public postsecondary educational institution
5452	students who have been identified as requiring additional
5453	preparation pursuant to subsection (1) shall enroll in college-
5454	preparatory or other adult education pursuant to s. 1004.93 in
5455	community colleges to develop needed college-entry skills. These
5456	students shall be permitted to take courses within their degree
5457	program concurrently in other curriculum areas for which they
5458	are qualified while enrolled in college-preparatory instruction
5459	courses. A student enrolled in a college-preparatory course may
5460	concurrently enroll only in college credit courses that do not
5461	require the skills addressed in the college-preparatory course.
5462	The State Board of Education, in conjunction with the Board of
5463	Governors, shall specify the college credit courses that are
5464	acceptable for students enrolled in each college-preparatory
5465	skill area, pursuant to s. 1001.02(7)(g). A student who wishes
5466	to earn an associate in arts or a baccalaureate degree, but who
5467	is required to complete a college-preparatory course, must
5468	successfully complete the required college-preparatory studies
5469	by the time the student has accumulated 12 hours of lower-
5470	division college credit degree coursework; however, a student
5471	may continue enrollment in degree-earning coursework provided
5472	the student maintains enrollment in college-preparatory
5473	coursework for each subsequent semester until college-
5474	preparatory coursework requirements are completed, and the
5475	student demonstrates satisfactory performance in degree-earning
5476	coursework. A passing score on a standardized, institutionally
5477	developed test must be achieved before a student is considered
5478	to have met basic computation and communication skills
5479	requirements; however, no student shall be required to retake
5480	any test or subtest that was previously passed by said student.
5481	Credit awarded for college-preparatory instruction may not be
5482	counted toward fulfilling the number of credits required for a
5483	degree.
5484	(b)  A The university board of trustees may contract with a
5485	community college board of trustees for the community college to
5486	provide such instruction on the state university campus. Any
5487	state university in which the percentage of incoming students
5488	requiring college-preparatory instruction equals or exceeds the
5489	average percentage of such students for the community college
5490	system may offer college-preparatory instruction without
5491	contracting with a community college; however, any state
5492	university offering college-preparatory instruction as of
5493	January 1, 1996, may continue to provide such services.
5494	Section 125.  Section 1008.32, Florida Statutes, is amended
5495	to read:
5496	1008.32  State Board of Education oversight enforcement
5497	authority.--The State Board of Education shall oversee the
5498	performance of district school boards and community college
5499	boards of trustees public postsecondary educational institution
5500	boards in enforcement of all laws and rules. District school
5501	boards and community college boards of trustees public
5502	postsecondary educational institution boards shall be primarily
5503	responsible for compliance with law and state board rule.
5504	(1)  In order to ensure compliance with law or state board
5505	rule, the State Board of Education shall have the authority to
5506	request and receive information, data, and reports from school
5507	districts and community colleges public postsecondary
5508	educational institutions. District school superintendents and
5509	community college public postsecondary educational institution
5510	presidents are responsible for the accuracy of the information
5511	and data reported to the state board.
5512	(2)  The Commissioner of Education may investigate
5513	allegations of noncompliance with law or state board rule and
5514	determine probable cause. The commissioner shall report
5515	determinations of probable cause to the State Board of Education
5516	which shall require the district school board or community
5517	college board of trustees public postsecondary educational
5518	institution board to document compliance with law or state board
5519	rule.
5520	(3)  If the district school board or community college
5521	board of trustees public postsecondary educational institution
5522	board cannot satisfactorily document compliance, the State Board
5523	of Education may order compliance within a specified timeframe.
5524	(4)  If the State Board of Education determines that a
5525	district school board or community college board of trustees
5526	public postsecondary educational institution board is unwilling
5527	or unable to comply with law or state board rule within the
5528	specified time, the state board shall have the authority to
5529	initiate any of the following actions:
5530	(a)  Report to the Legislature that the school district or
5531	community college public postsecondary educational institution
5532	has been unwilling or unable to comply with law or state board
5533	rule and recommend action to be taken by the Legislature.
5534	(b)  Reduce the discretionary lottery appropriation until
5535	the school district or community college public postsecondary
5536	education institution complies with the law or state board rule.
5537	(c)  Withhold the transfer of state funds, discretionary
5538	grant funds, or any other funds specified as eligible for this
5539	purpose by the Legislature until the school district or
5540	community college public postsecondary educational institution
5541	complies with the law or state board rule.
5542	(d)  Declare the school district or community college
5543	public postsecondary educational institution ineligible for
5544	competitive grants.
5545	(e)  Require monthly or periodic reporting on the situation
5546	related to noncompliance until it is remedied.
5547	(5)  Nothing in this section shall be construed to create a
5548	private cause of action or create any rights for individuals or
5549	entities in addition to those provided elsewhere in law or rule.
5550	Section 126.  Paragraphs (e) through (i) of subsection (8)
5551	of section 1008.345, Florida Statutes, are amended to read:
5552	1008.345  Implementation of state system of school
5553	improvement and education accountability.--
5554	(8)  As a part of the system of educational accountability,
5555	the Department of Education shall:
5556	(e)  Maintain a listing of college-level communication and
5557	mathematics skills defined pursuant to s. 1008.29 by the State
5558	Board of Education as being associated with successful student
5559	performance through the baccalaureate level and submit it the
5560	same to the State Board of Education and the Board of Governors
5561	for approval.
5562	(f)  Maintain a listing of tests and other assessment
5563	procedures which measure and diagnose student achievement of
5564	college-level communication and computation skills and submit it
5565	the same to the State Board of Education and the Board of
5566	Governors for approval.
5567	(g)  Maintain for the information of the State Board of
5568	Education, the Board of Governors, and the Legislature a file of
5569	data to reflect achievement of college-level communication and
5570	mathematics competencies by students in state universities and
5571	community colleges.
5572	(h)  Develop or contract for, and submit to the State Board
5573	of Education and the Board of Governors for approval, tests
5574	which measure and diagnose student achievement of college-level
5575	communication and mathematics skills. Any tests and related
5576	documents developed are exempt from the provisions of s.
5577	119.07(1). The commissioner shall maintain statewide
5578	responsibility for the administration of such tests and may
5579	assign administrative responsibilities for the tests to any
5580	state university or community college. The state board, upon
5581	recommendation of the commissioner, may enter into contracts for
5582	such services beginning in one fiscal year and continuing into
5583	the next year which are paid from the appropriation for either
5584	or both fiscal years.
5585	(i)  Perform any other functions that may be involved in
5586	educational planning, research, and evaluation or that may be
5587	required by the commissioner, the State Board of Education, the
5588	Board of Governors, or law.
5589	Section 127.  Subsections (1) and (2) of section 1008.37,
5590	Florida Statutes, are amended to read:
5591	1008.37  Postsecondary feedback of information to high
5592	schools.--
5593	(1)  The State Board of Education shall adopt rules that
5594	require the Commissioner of Education shall to report to the
5595	State Board of Education, the Board of Governors, the
5596	Legislature, and the district school boards on the performance
5597	of each first-time-in-postsecondary education student from each
5598	public high school in this state who is enrolled in a public
5599	postsecondary institution or public career center. Such reports
5600	must be based on information databases maintained by the
5601	Department of Education. In addition, the public postsecondary
5602	educational institutions and career centers shall provide
5603	district school boards access to information on student
5604	performance in regular and preparatory courses and shall
5605	indicate students referred for remediation pursuant to s.
5606	1004.91 or s. 1008.30.
5607	(2)  The Commissioner of Education shall report, by high
5608	school, to the State Board of Education, the Board of Governors,
5609	and the Legislature, no later than November 30 of each year, on
5610	the number of prior year Florida high school graduates who
5611	enrolled for the first time in public postsecondary education in
5612	this state during the previous summer, fall, or spring term,
5613	indicating the number of students whose scores on the common
5614	placement test indicated the need for remediation through
5615	college-preparatory or vocational-preparatory instruction
5616	pursuant to s. 1004.91 or s. 1008.30.
5617	Section 128.  Section 1008.38, Florida Statutes, is amended
5618	to read:
5619	1008.38  Articulation accountability process.--The State
5620	Board of Education, in conjunction with the Board of Governors,
5621	shall develop articulation accountability measures which assess
5622	the status of systemwide articulation processes authorized under
5623	s. 1007.23 and. The State Board of Education shall establish an
5624	articulation accountability process which at a minimum shall
5625	address:
5626	(1)  The impact of articulation processes on ensuring
5627	educational continuity and the orderly and unobstructed
5628	transition of students between public secondary and
5629	postsecondary education systems and facilitating the transition
5630	of students between the public and private sectors.
5631	(2)  The adequacy of preparation of public secondary
5632	students to smoothly articulate to a public postsecondary
5633	institution.
5634	(3)  The effectiveness of articulated acceleration
5635	mechanisms available to secondary students.
5636	(4)  The smooth transfer of community college associate in
5637	arts degree graduates to a state university.
5638	(5)  An examination of degree requirements that exceed the
5639	parameters of 60 credit hours for an associate degree and 120
5640	hours for a baccalaureate degree in public postsecondary
5641	programs.
5642	(6)  The relationship between the College Level Academic
5643	Skills Test Program and articulation to the upper division in
5644	public postsecondary institutions.
5645	Section 129.  Paragraph (h) of subsection (1) of section
5646	1008.45, Florida Statutes, is amended to read:
5647	1008.45  Community college accountability process.--
5648	(1)  It is the intent of the Legislature that a management
5649	and accountability process be implemented which provides for the
5650	systematic, ongoing improvement and assessment of the
5651	improvement of the quality and efficiency of the Florida
5652	community colleges. Accordingly, the State Board of Education
5653	and the community college boards of trustees shall develop and
5654	implement an accountability plan to improve and evaluate the
5655	instructional and administrative efficiency and effectiveness of
5656	the Florida Community College System. This plan shall be
5657	designed in consultation with staff of the Governor and the
5658	Legislature and must address the following issues:
5659	(h)  Other measures as identified by the Council for
5660	Education Policy Research and Improvement and approved by the
5661	State Board of Education.
5662	Section 130.  Section 1008.46, Florida Statutes, is amended
5663	to read:
5664	1008.46  State university accountability process.--It is
5665	the intent of the Legislature that an accountability process be
5666	implemented that provides for the systematic, ongoing evaluation
5667	of quality and effectiveness of state universities. It is
5668	further the intent of the Legislature that this accountability
5669	process monitor performance at the system level in each of the
5670	major areas of instruction, research, and public service, while
5671	recognizing the differing missions of each of the state
5672	universities. The accountability process shall provide for the
5673	adoption of systemwide performance standards and performance
5674	goals for each standard identified through a collaborative
5675	effort involving state universities, the Board of Governors, the
5676	Legislature, and the Governor's Office. These standards and
5677	goals shall be consistent with s. 216.011(1) to maintain
5678	congruity with the performance-based budgeting process. This
5679	process requires that university accountability reports reflect
5680	measures defined through performance-based budgeting. The
5681	performance-based budgeting measures must also reflect the
5682	elements of teaching, research, and service inherent in the
5683	missions of the state universities.
5684	(1)  By December 31 of each year, the Board of Governors
5685	State Board of Education shall submit an annual accountability
5686	report providing information on the implementation of
5687	performance standards, actions taken to improve university
5688	achievement of performance goals, the achievement of performance
5689	goals during the prior year, and initiatives to be undertaken
5690	during the next year. The accountability reports shall be
5691	designed in consultation with the Governor's Office, the Office
5692	of Program Policy Analysis and Government Accountability, and
5693	the Legislature.
5694	(2)  The Board of Governors State Board of Education shall
5695	recommend in the annual accountability report any appropriate
5696	modifications to this section.
5697	Section 131.  Subsection (2) of section 1009.01, Florida
5698	Statutes, is amended to read:
5699	1009.01  Definitions.--The term:
5700	(2)  "Out-of-state fee" means the additional fee for
5701	instruction provided by a public postsecondary educational
5702	institution in this state, which fee is charged to a student who
5703	does not qualify for the in-state tuition rate pursuant to s.
5704	1009.21 non-Florida student as defined in rules of the State
5705	Board of Education. A charge for any other purpose shall not be
5706	included within this fee.
5707	Section 132.  Subsection (11) of section 1009.21, Florida
5708	Statutes, is amended to read:
5709	1009.21  Determination of resident status for tuition
5710	purposes.--Students shall be classified as residents or
5711	nonresidents for the purpose of assessing tuition in community
5712	colleges and state universities.
5713	(11)  The State Board of Education and the Board of
5714	Governors shall adopt rules to implement this section by rule
5715	designate classifications of students as residents or
5716	nonresidents for tuition purposes at community colleges and
5717	state universities.
5718	Section 133.  Present subsections (3) through (14) of
5719	section 1009.24, Florida Statutes, are renumbered subsections
5720	(4) through (15), respectively, new subsections (3) and (16) are
5721	added to that section, and present subsections (6), (9), (10),
5722	and (11) of that section are amended to read:
5723	1009.24  State university student fees.--
5724	(3)  All moneys from tuition and fees shall be deposited
5725	pursuant to s. 1011.42.
5726	(7)(6)  A university board of trustees is authorized to
5727	collect for financial aid purposes an amount not to exceed 5
5728	percent of the tuition and out-of-state fee. The revenues from
5729	fees are to remain at each campus and replace existing financial
5730	aid fees. Such funds shall be disbursed to students as quickly
5731	as possible. A minimum of 75 percent of funds from the student
5732	financial aid fee for new financial aid awards shall be used to
5733	provide financial aid based on absolute need. A student who has
5734	received an award prior to July 1, 1984, shall have his or her
5735	eligibility assessed on the same criteria that were used at the
5736	time of his or her original award. The Board of Governors State
5737	Board of Education shall develop criteria for making financial
5738	aid awards. Each university shall report annually to the Board
5739	of Governors and the Department of Education on the revenue
5740	collected pursuant to this subsection, the amount carried
5741	forward, the criteria used to make awards, the amount and number
5742	of awards for each criterion, and a delineation of the
5743	distribution of such awards. The report shall include an
5744	assessment by category of the financial need of every student
5745	who receives an award, regardless of the purpose for which the
5746	award is received. Awards which are based on financial need
5747	shall be distributed in accordance with a nationally recognized
5748	system of need analysis approved by the Board of Governors State
5749	Board of Education. An award for academic merit shall require a
5750	minimum overall grade point average of 3.0 on a 4.0 scale or the
5751	equivalent for both initial receipt of the award and renewal of
5752	the award.
5753	(10)(9)(a)  Each university board of trustees shall
5754	establish a student activity and service fee on the main campus
5755	of the university. The university board may also establish a
5756	student activity and service fee on any branch campus or center.
5757	Any subsequent increase in the activity and service fee must be
5758	recommended by an activity and service fee committee, at least
5759	one-half of whom are students appointed by the student body
5760	president. The remainder of the committee shall be appointed by
5761	the university president. A chairperson, appointed jointly by
5762	the university president and the student body president, shall
5763	vote only in the case of a tie. The recommendations of the
5764	committee shall take effect only after approval by the
5765	university president, after consultation with the student body
5766	president, with final approval by the university board of
5767	trustees. An increase in the activity and service fee may occur
5768	only once each fiscal year and must be implemented beginning
5769	with the fall term. The Board of Governors State Board of
5770	Education is responsible for adopting promulgating the rules and
5771	timetables necessary to implement this fee.
5772	(b)  The student activity and service fees shall be
5773	expended for lawful purposes to benefit the student body in
5774	general. This shall include, but shall not be limited to,
5775	student publications and grants to duly recognized student
5776	organizations, the membership of which is open to all students
5777	at the university without regard to race, sex, or religion. The
5778	fund may not benefit activities for which an admission fee is
5779	charged to students, except for student-government-association-
5780	sponsored concerts. The allocation and expenditure of the fund
5781	shall be determined by the student government association of the
5782	university, except that the president of the university may veto
5783	any line item or portion thereof within the budget when
5784	submitted by the student government association legislative
5785	body. The university president shall have 15 school days from
5786	the date of presentation of the budget to act on the allocation
5787	and expenditure recommendations, which shall be deemed approved
5788	if no action is taken within the 15 school days. If any line
5789	item or portion thereof within the budget is vetoed, the student
5790	government association legislative body shall within 15 school
5791	days make new budget recommendations for expenditure of the
5792	vetoed portion of the fund. If the university president vetoes
5793	any line item or portion thereof within the new budget
5794	revisions, the university president may reallocate by line item
5795	that vetoed portion to bond obligations guaranteed by activity
5796	and service fees. Unexpended funds and undisbursed funds
5797	remaining at the end of a fiscal year shall be carried over and
5798	remain in the student activity and service fund and be available
5799	for allocation and expenditure during the next fiscal year.
5800	(11)(10)  Each university board of trustees shall establish
5801	a student health fee on the main campus of the university. The
5802	university board of trustees may also establish a student health
5803	fee on any branch campus or center. Any subsequent increase in
5804	the health fee must be recommended by a health committee, at
5805	least one-half of whom are students appointed by the student
5806	body president. The remainder of the committee shall be
5807	appointed by the university president. A chairperson, appointed
5808	jointly by the university president and the student body
5809	president, shall vote only in the case of a tie. The
5810	recommendations of the committee shall take effect only after
5811	approval by the university president, after consultation with
5812	the student body president, with final approval by the
5813	university board of trustees. An increase in the health fee may
5814	occur only once each fiscal year and must be implemented
5815	beginning with the fall term. The Board of Governors State Board
5816	of Education is responsible for adopting promulgating the rules
5817	and timetables necessary to implement this fee.
5818	(12)(11)  Each university board of trustees shall establish
5819	a separate athletic fee on the main campus of the university.
5820	The university board may also establish a separate athletic fee
5821	on any branch campus or center. Any subsequent increase in the
5822	athletic fee must be recommended by an athletic fee committee,
5823	at least one-half of whom are students appointed by the student
5824	body president. The remainder of the committee shall be
5825	appointed by the university president. A chairperson, appointed
5826	jointly by the university president and the student body
5827	president, shall vote only in the case of a tie. The
5828	recommendations of the committee shall take effect only after
5829	approval by the university president, after consultation with
5830	the student body president, with final approval by the
5831	university board of trustees. An increase in the athletic fee
5832	may occur only once each fiscal year and must be implemented
5833	beginning with the fall term. The Board of Governors State Board
5834	of Education is responsible for adopting promulgating the rules
5835	and timetables necessary to implement this fee.
5836	(16)  A state university may not charge any fee except as
5837	specifically authorized by law.
5838	Section 134.  Subsections (4) and (6) of section 1009.26,
5839	Florida Statutes, are amended, and subsection (10) is added to
5840	that section, to read:
5841	1009.26  Fee waivers.--
5842	(4)  A state university may waive any or all application,
5843	tuition, and related fees for persons 60 years of age or older
5844	who are residents of this state and who attend classes for
5845	credit. No academic credit shall be awarded for attendance in
5846	classes for which fees are waived under this subsection. This
5847	privilege may be granted only on a space-available basis, if
5848	such classes are not filled as of the close of registration. A
5849	university may limit or deny the privilege for courses which are
5850	in programs for which the Board of Governors State Board of
5851	Education has established selective admissions criteria. Persons
5852	paying full fees and state employees taking courses on a space-
5853	available basis shall have priority over those persons whose
5854	fees are waived in all cases where classroom spaces are limited.
5855	(6)  A university board of trustees may waive the State
5856	Board of Education may establish rules to allow for the waiver
5857	of out-of-state fees for nondegree-seeking students enrolled at
5858	a state university if the earned student credit hours generated
5859	by such students are nonfundable and the direct cost for the
5860	program of study is recovered from the fees charged to all
5861	students.
5862	(10)  Each university board of trustees is authorized to
5863	waive tuition and out-of-state fees for purposes that support
5864	and enhance the mission of the university. All fees waived must
5865	be based on policies that are adopted by university boards of
5866	trustees pursuant to rules adopted by the Board of Governors.
5867	Each university shall report the purpose, number, and value of
5868	all fee waivers granted annually in a format prescribed by the
5869	Board of Governors.
5870	Section 135.  Subsection (1) of section 1009.27, Florida
5871	Statutes, is amended to read:
5872	1009.27  Deferral of fees.--
5873	(1)  School districts, community colleges, and state
5874	universities may defer The State Board of Education shall adopt
5875	rules to allow the deferral of tuition and registration fees for
5876	students receiving financial aid from a federal or state
5877	assistance program when the aid is delayed in being transmitted
5878	to the student through circumstances beyond the control of the
5879	student. The failure to make timely application for the aid is
5880	an insufficient reason to receive a deferral of fees. The rules
5881	must provide for the enforcement and collection or other
5882	settlement of delinquent accounts.
5883	Section 136.  Section 1009.285, Florida Statutes, is
5884	amended to read:
5885	1009.285  Fees for repeated enrollment in college-credit
5886	courses.--A student enrolled in the same undergraduate college-
5887	college-credit course more than twice shall pay tuition at 100
5888	percent of the full cost of instruction and shall not be
5889	included in calculations of full-time equivalent enrollments for
5890	state funding purposes. However, students who withdraw or fail a
5891	class due to extenuating circumstances may be granted an
5892	exception only once for each class, provided that approval is
5893	granted according to policy established by the community college
5894	board of trustees or the university board of trustees. Each
5895	community college and state university may review and reduce
5896	fees paid by students due to continued enrollment in a college-
5897	credit class on an individual basis contingent upon the
5898	student's financial hardship, pursuant to definitions and fee
5899	levels established by the State Board of Education. For purposes
5900	of this section, first-time enrollment in a class shall mean
5901	enrollment in a class beginning fall semester 1997, and
5902	calculations of the full cost of instruction shall be based on
5903	the systemwide average of the prior year's cost of undergraduate
5904	programs for the community colleges and the state universities.
5905	Boards of trustees may make exceptions to this section for
5906	individualized study, elective coursework, courses that are
5907	repeated as a requirement of a major, and courses that are
5908	intended as continuing over multiple semesters, excluding the
5909	repeat of coursework more than two times to increase grade point
5910	average or meet minimum course grade requirements.
5911	Section 137.  Subsection (1) of section 1009.29, Florida
5912	Statutes, is amended to read:
5913	1009.29  Increased fees for funding financial aid
5914	program.--
5915	(1)  Student tuition and registration fees at each state
5916	university and community college shall include up to $4.68 per
5917	quarter, or $7.02 per semester, per full-time student, or the
5918	per-student credit hour equivalents of such amounts. The fees
5919	provided for by this section shall be adjusted from time to
5920	time, as necessary, to comply with the debt service coverage
5921	requirements of the student loan revenue bonds issued pursuant
5922	to s. 1009.79. If the Division of Bond Finance of the State
5923	Board of Administration State Board of Education and the
5924	Commissioner of Education determine that such fees are no longer
5925	required as security for revenue bonds issued pursuant to ss.
5926	1009.78-1009.88, moneys previously collected pursuant to this
5927	section which are held in escrow, after administrative expenses
5928	have been met and up to $150,000 has been used to establish a
5929	financial aid data processing system for the state universities
5930	incorporating the necessary features to meet the needs of all 11
5931	universities for application through disbursement processing,
5932	shall be reallocated to the generating institutions to be used
5933	for student financial aid programs, including, but not limited
5934	to, scholarships and grants for educational purposes. Upon such
5935	determination, such fees shall no longer be assessed and
5936	collected.
5937	Section 138.  Section 1009.40, Florida Statutes, is amended
5938	to read:
5939	1009.40  General requirements for student eligibility for
5940	state financial aid awards and tuition assistance grants.--
5941	(1)(a)  The general requirements for eligibility of
5942	students for state financial aid awards and tuition assistance
5943	grants consist of the following:
5944	1.  Achievement of the academic requirements of and
5945	acceptance at a state university or community college; a nursing
5946	diploma school approved by the Florida Board of Nursing; a
5947	Florida college, university, or community college which is
5948	accredited by an accrediting agency recognized by the State
5949	Board of Education; any Florida institution the credits of which
5950	are acceptable for transfer to state universities; any career
5951	center; or any private career institution accredited by an
5952	accrediting agency recognized by the State Board of Education.
5953	2.  Residency in this state for no less than 1 year
5954	preceding the award of aid or a tuition assistance grant for a
5955	program established pursuant to s. 1009.50, s. 1009.51, s.
5956	1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
5957	1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
5958	1009.73, s. 1009.76, s. 1009.77, or s. 1009.89, or s. 1009.891.
5959	Residency in this state must be for purposes other than to
5960	obtain an education. Resident status for purposes of receiving
5961	state financial aid awards shall be determined in the same
5962	manner as resident status for tuition purposes pursuant to s.
5963	1009.21 and rules of the State Board of Education.
5964	3.  Submission of certification attesting to the accuracy,
5965	completeness, and correctness of information provided to
5966	demonstrate a student's eligibility to receive state financial
5967	aid awards or tuition assistance grants. Falsification of such
5968	information shall result in the denial of any pending
5969	application and revocation of any award or grant currently held
5970	to the extent that no further payments shall be made.
5971	Additionally, students who knowingly make false statements in
5972	order to receive state financial aid awards or tuition
5973	assistance grants commit shall be guilty of a misdemeanor of the
5974	second degree subject to the provisions of s. 837.06 and shall
5975	be required to return all state financial aid awards or tuition
5976	assistance grants wrongfully obtained.
5977	(b)1.  Eligibility for the renewal of undergraduate
5978	financial aid awards shall be evaluated at the end of the second
5979	semester or third quarter of each academic year.  As a condition
5980	for renewal, a student shall:
5981	a.  Have earned a minimum cumulative grade point average of
5982	2.0 on a 4.0 scale; and
5983	b.  Have earned, for full-time study, 12 credits per term
5984	or the equivalent for the number of terms for which aid was
5985	received.
5986	2.  A student who earns the minimum number of credits
5987	required for renewal, but who fails to meet the minimum 2.0
5988	cumulative grade point average, may be granted a probationary
5989	award for up to the equivalent of 1 academic year and shall be
5990	required to earn a cumulative grade point average of 2.0 on a
5991	4.0 scale by the end of the probationary period to be eligible
5992	for subsequent renewal.  A student who receives a probationary
5993	award and who fails to meet the conditions for renewal by the
5994	end of his or her probationary period shall be ineligible to
5995	receive additional awards for the equivalent of 1 academic year
5996	following his or her probationary period. Each such student may,
5997	however, reapply for assistance during a subsequent application
5998	period and may be eligible for an award if he or she has earned
5999	a cumulative grade point average of 2.0 on a 4.0 scale.
6000	3.  A student who fails to earn the minimum number of
6001	credits required for renewal shall lose his or her eligibility
6002	for renewal for a period equivalent to 1 academic year.
6003	However, the student may reapply during a subsequent application
6004	period and may be eligible for an award if he or she has earned
6005	a minimum cumulative grade point average of 2.0 on a 4.0 scale.
6006	4.  Students who receive state student aid and subsequently
6007	fail to meet state academic progress requirements due to
6008	verifiable illness or other emergencies may be granted an
6009	exception from the academic requirements.  Such students shall
6010	make a written appeal to the institution.  The appeal shall
6011	include a description and verification of the circumstances.
6012	Verification of illness or other emergencies may include but not
6013	be limited to a physician's statement or written statement of a
6014	parent or college official.  The institution shall recommend
6015	exceptions with necessary documentation to the department.  The
6016	department may accept or deny such recommendations for exception
6017	from the institution.
6018	(2)  These requirements do not preclude higher standards
6019	specified in other sections of this part, in rules of the state
6020	board, or in rules of a participating institution.
6021	(3)  Undergraduate students are eligible to receive
6022	financial aid for a maximum of 8 semesters or 12 quarters.
6023	However, undergraduate students participating in college-
6024	preparatory instruction, students requiring additional time to
6025	complete the college-level communication and computation skills
6026	testing programs, or students enrolled in a 5-year undergraduate
6027	degree program are eligible to receive financial aid for a
6028	maximum of 10 semesters or 15 quarters.
6029	(4)  No student is eligible to receive more than one state
6030	scholarship that is based on academic merit.  Students who
6031	qualify for more than one such scholarship shall be notified of
6032	all awards for which they qualify and shall be provided the
6033	opportunity to accept one of their choosing.
6034	Section 139.  Subsections (9) and (12) of section 1009.90,
6035	Florida Statutes, are amended to read:
6036	1009.90  Duties of the Department of Education.--The duties
6037	of the department shall include:
6038	(9)  Development and submission of a report, annually, to
6039	the State Board of Education, the Board of Governors, the
6040	President of the Senate, and the Speaker of the House of
6041	Representatives, which shall include, but not be limited to,
6042	recommendations for the distribution of state financial aid
6043	funds.
6044	(12)  Calculation of the amount of need-based student
6045	financial aid required to offset fee increases recommended by
6046	the State Board of Education and the Board of Governors and
6047	inclusion of such amount within the legislative budget request
6048	for student assistance grant programs.
6049	Section 140.  Subsection (4) of section 1009.91, Florida
6050	Statutes, is amended to read:
6051	1009.91  Assistance programs and activities of the
6052	department.--
6053	(4)  The department shall maintain records on the student
6054	loan default rate of each Florida postsecondary institution and
6055	report that information annually to both the institution and the
6056	State Board of Education. Information relating to state
6057	universities shall also be reported annually to the Board of
6058	Governors.
6059	Section 141.  Subsection (2) of section 1009.971, Florida
6060	Statutes, is amended to read:
6061	1009.971  Florida Prepaid College Board.--
6062	(2)  FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.--The board
6063	shall consist of seven members to be composed of the Attorney
6064	General, the Chief Financial Officer, the Chancellor of the
6065	State University System Deputy Commissioner of Colleges and
6066	Universities, the Deputy Commissioner of Community Colleges, and
6067	three members appointed by the Governor and subject to
6068	confirmation by the Senate. Each member appointed by the
6069	Governor shall possess knowledge, skill, and experience in the
6070	areas of accounting, actuary, risk management, or investment
6071	management. Each member of the board not appointed by the
6072	Governor may name a designee to serve on the board on behalf of
6073	the member; however, any designee so named shall meet the
6074	qualifications required of gubernatorial appointees to the
6075	board. Members appointed by the Governor shall serve terms of 3
6076	years. Any person appointed to fill a vacancy on the board shall
6077	be appointed in a like manner and shall serve for only the
6078	unexpired term. Any member shall be eligible for reappointment
6079	and shall serve until a successor qualifies. Members of the
6080	board shall serve without compensation but shall be reimbursed
6081	for per diem and travel in accordance with s. 112.061. Each
6082	member of the board shall file a full and public disclosure of
6083	his or her financial interests pursuant to s. 8, Art. II of the
6084	State Constitution and corresponding statute.
6085	Section 142.  Section 1010.01, Florida Statutes, is amended
6086	to read:
6087	1010.01  Uniform records and accounts.--
6088	(1)(a)  The financial records and accounts of each school
6089	district, community college, university, and other institution
6090	or agency under the supervision of the State Board of Education
6091	shall be prepared and maintained as prescribed by law and rules
6092	of the State Board of Education.
6093	(b)  The financial records and accounts of each state
6094	university under the supervision of the Board of Governors shall
6095	be prepared and maintained as prescribed by law and rules of the
6096	Board of Governors.
6097	(2)  Rules of the State Board of Education and rules of the
6098	Board of Governors shall incorporate the requirements of law and
6099	accounting principles generally accepted in the United States
6100	the appropriate requirements of the Governmental Accounting
6101	Standards Board (GASB) for State and Local Government. Such
6102	rules shall include a uniform classification of accounts.
6103	(3)  Each state university shall annually file with the
6104	Board of Governors financial statements prepared in conformity
6105	with accounting principles generally accepted by the United
6106	States and the uniform classification of accounts prescribed by
6107	the Board of Governors. The Board of Governors' rules shall
6108	prescribe the filing deadline for the financial statements.
6109	(4)(3)  Required financial accounts and reports shall
6110	include provisions that are unique to each of the following: K-
6111	12 school districts, community colleges, and state universities,
6112	and shall provide for the data to be reported to the National
6113	Center of Educational Statistics and other governmental and
6114	professional educational data information services as
6115	appropriate.
6116	Section 143.  Section 1010.011, Florida Statutes, is
6117	amended to read:
6118	1010.011  Definition.--For purposes of this chapter and
6119	chapter 1011, the following terms: "university," "universities,"
6120	and "university board of trustees" include all state
6121	universities New College under the supervision of the Board of
6122	Governors State Board of Education.
6123	Section 144.  Section 1010.02, Florida Statutes, is amended
6124	to read:
6125	1010.02  Financial accounting and expenditures.--
6126	(1)  All funds accruing to a school district or, a
6127	community college, or a university must be received, accounted
6128	for, and expended in accordance with law and rules of the State
6129	Board of Education.
6130	(2)  All funds accruing to a state university must be
6131	received, accounted for, and expended in accordance with law and
6132	rules of the Board of Governors.
6133	Section 145.  Subsections (1) and (4) of section 1010.04,
6134	Florida Statutes, are amended to read:
6135	1010.04  Purchasing.--
6136	(1)(a)  Purchases and leases by school districts and,
6137	community colleges, and universities shall comply with the
6138	requirements of law and rules of the State Board of Education.
6139	(b)  Purchases and leases by state universities shall
6140	comply with the requirements of law and rules of the Board of
6141	Governors.
6142	(4)(a)  The State Board of Education may, by rule, provide
6143	for alternative procedures for school districts and community
6144	colleges for bidding or purchasing in cases in which the
6145	character of the item requested renders competitive bidding
6146	impractical.
6147	(b)  The Board of Governors may, by rule, provide for
6148	alternative procedures for state universities for bidding or
6149	purchasing in cases in which the character of the item requested
6150	renders competitive bidding impractical.
6151	Section 146.  Subsection (2) of section 1010.07, Florida
6152	Statutes, is amended to read:
6153	1010.07  Bonds or insurance required.--
6154	(2)(a)  Contractors paid from school district or, community
6155	college, or university funds shall give bond for the faithful
6156	performance of their contracts in such amount and for such
6157	purposes as prescribed by s. 255.05 or by rules of the State
6158	Board of Education relating to the type of contract involved. It
6159	shall be the duty of the district school board or, community
6160	college board of trustees, and university board of trustees to
6161	require from construction contractors a bond adequate to protect
6162	the board and the board's funds involved.
6163	(b)  Contractors paid from university funds shall give bond
6164	for the faithful performance of their contracts in such amount
6165	and for such purposes as prescribed by s. 255.05 or by rules of
6166	the Board of Governors relating to the type of contract
6167	involved. It shall be the duty of the university board of
6168	trustees to require from construction contractors a bond
6169	adequate to protect the board and the board's funds involved.
6170	Section 147.  Section 1010.09, Florida Statutes, is amended
6171	to read:
6172	1010.09  Direct-support organizations.--
6173	(1)  School district and, community college, and university
6174	direct-support organizations shall be organized and conducted
6175	under the provisions of ss. 1001.453, 1004.28, and 1004.70 and
6176	rules of the State Board of Education, as applicable.
6177	(2)  State university direct-support organizations shall be
6178	organized and conducted under the provisions of s. 1004.28 and
6179	rules of the Board of Governors, as applicable.
6180	Section 148.  Section 1010.30, Florida Statutes, is amended
6181	to read:
6182	1010.30  Audits required.--School districts, community
6183	colleges, universities, and other institutions and agencies
6184	under the supervision of the State Board of Education and state
6185	universities under the supervision of the Board of Governors are
6186	subject to the audit provisions under ss. 11.45 and 218.39.
6187	Section 149.  Section 1011.01, Florida Statutes, is amended
6188	to read:
6189	1011.01  Budget system established.--
6190	(1)  The State Board of Education shall prepare and submit
6191	a coordinated K-20 education annual legislative budget request
6192	to the Governor and the Legislature on or before the date
6193	provided by the Governor and the Legislature. The board's
6194	legislative budget request must clearly define the needs of
6195	school districts, community colleges, universities, other
6196	institutions, organizations, programs, and activities under the
6197	supervision of the board and that are assigned by law or the
6198	General Appropriations Act to the Department of Education.
6199	(2)(a)  There shall be established in each school district
6200	and, community college, and university a budget system as
6201	prescribed by law and rules of the State Board of Education.
6202	(b)  There shall be established in each state university a
6203	budget system as prescribed by law and rules of the Board of
6204	Governors.
6205	(3)(a)  Each district school board and, each community
6206	college board of trustees, and each state university board of
6207	trustees shall prepare, adopt, and submit to the Commissioner of
6208	Education for review an annual operating budget. Operating
6209	budgets shall be prepared and submitted in accordance with the
6210	provisions of law, rules of the State Board of Education, the
6211	General Appropriations Act, and for district school boards in
6212	accordance with the provisions of ss. 200.065 and 1011.64.
6213	(b)  Each state university board of trustees shall prepare,
6214	adopt, and submit to the Chancellor of the State University
6215	System for review an annual operating budget in accordance with
6216	provisions of law, rules of the Board of Governors, and the
6217	General Appropriations Act.
6218	(4)  The State Board of Education shall coordinate with the
6219	Board of Governors to facilitate the budget system requirements
6220	of this section. The Board of Governors exclusively retains the
6221	review and approval powers of this section for state
6222	universities.
6223	Section 150.  Section 1011.011, Florida Statutes, is
6224	amended to read:
6225	1011.011  Legislative capital outlay budget request.--The
6226	State Board of Education shall submit an integrated,
6227	comprehensive budget request for educational facilities
6228	construction and fixed capital outlay needs for school
6229	districts, community colleges, and, in conjunction with the
6230	Board of Governors, universities pursuant to this section and s.
6231	1013.46 and applicable provisions of chapter 216.
6232	Section 151.  Section 1011.40, Florida Statutes, is amended
6233	to read:
6234	1011.40  Budgets for universities.--
6235	(1)  LEGISLATIVE BUDGET REQUEST.--The Board of Governors
6236	State Board of Education shall provide instructions, guidelines,
6237	and standard formats to be used by each university that will
6238	provide to the Board of Governors State Board of Education and
6239	the Legislature adequate information to support and justify the
6240	legislative budget requests submitted pursuant to ss. 216.023,
6241	1011.90, and 1013.60 for each university.
6242	(2)  OPERATING BUDGET.--Each university board of trustees
6243	shall adopt an operating budget for the operation of the
6244	university as prescribed by law and rules of the Board of
6245	Governors State Board of Education. Each university president
6246	shall prepare and implement the operating budget of the
6247	university as prescribed by law, rules of the Board of Governors
6248	State Board of Education, policies of the university board of
6249	trustees, and provisions of the General Appropriations Act. The
6250	proposed expenditures, plus transfers, and balances shall not
6251	exceed the estimated income, transfers, and balances. The budget
6252	and each part thereof shall balance. If at any time the
6253	unencumbered balance in the education and general fund of the
6254	university board of trustees approved operating budget goes
6255	below 5 percent, the president shall provide written
6256	notification to the Board of Governors State Board of Education.
6257	(3)  EXPENDITURES.--Expenditures from any source of funds
6258	by any university shall not exceed the funds available.
6259	Expenditures shall not exceed the amount budgeted under each
6260	classification of accounts for each fund and the total amount of
6261	the budget, as amended as prescribed by rules of the Board of
6262	Governors State Board of Education. No expenditure of funds,
6263	contract, or agreement of any nature shall be made that requires
6264	additional appropriation of funds by the Legislature unless
6265	specifically authorized in advance by law or the General
6266	Appropriations Act.
6267	(4)  DISTRIBUTION OF APPROPRIATION.--Funds appropriated in
6268	the General Appropriations Act for the operation of state
6269	universities shall be distributed by the State Board of
6270	Education to the universities twice monthly. The Executive
6271	Office of the Governor may modify this schedule if required to
6272	meet specific needs of a university.
6273	Section 152.  Section 1011.41, Florida Statutes, is amended
6274	to read:
6275	1011.41  University appropriations.--Funds for the general
6276	operations of universities shall be requested and appropriated
6277	as Aid to Local Governments Grants and Aids, subject to
6278	provisions of the General Appropriations Act. Funds provided to
6279	state universities in the General Appropriations Act are
6280	contingent upon each university complying with the tuition and
6281	fee policies established in the proviso language and with the
6282	tuition and fee policies for state universities included in part
6283	II of chapter 1009. However, the funds appropriated to a
6284	specific university shall not be affected by the failure of
6285	another university to comply with this provision.
6286	Section 153.  Section 1011.4106, Florida Statutes, is
6287	amended to read:
6288	1011.4106  Trust fund dissolution and local account
6289	appropriations.--
6290	(1)  Notwithstanding the provisions of ss. 215.3206(2) and
6291	215.3208(2), and pursuant to s. 216.351, all unexpended balances
6292	as of June 30, 2002, in the following State University System
6293	trust funds are hereby appropriated to the appropriate accounts
6294	of each university based upon the original source of the trust
6295	fund revenue and any accrued interest: the Education/General
6296	Student and Other Fees Trust Fund, the Experiment Station
6297	Federal Grant Trust Fund, the Experiment Station Incidental
6298	Trust Fund, the Extension Service Federal Grant Trust Fund, the
6299	Extension Service Incidental Trust Fund, the Incidental Trust
6300	Fund, the UF Health Center Operations and Maintenance Trust
6301	Fund, the Operations and Maintenance Trust Fund, and all other
6302	trust funds in the State Treasury for universities. Expenditure
6303	of these funds by each university must be based on the laws,
6304	rules, grant agreements, or other legal controlling factors
6305	associated with all trust fund balances which are appropriated
6306	to local accounts pursuant to this section, and included in each
6307	university board of trustees' approved operating budget. Each
6308	university shall be responsible for the payment of outstanding
6309	debts or obligations associated with these funds.
6310	(2)  Any appropriations provided in the General
6311	Appropriations Act from the Education/General Student and Other
6312	Fees Trust Fund are the only budget authority for the fiscal
6313	year to the named universities to expend tuition and out-of-
6314	state fees that are collected during the fiscal year and carried
6315	forward from the prior fiscal year. The expenditure of tuition
6316	and fee revenues from local accounts by each university shall
6317	not exceed the authority provided in the General Appropriations
6318	Act unless approved pursuant to the provisions of chapter 216.
6319	If a court of competent jurisdiction finds that the restriction
6320	in this subsection is invalid, the moneys described in this
6321	section shall be deposited in the State Treasury.
6322	Section 154.  Section 1011.411, Florida Statutes, is
6323	amended to read:
6324	1011.411  Budgets for sponsored research at
6325	universities.--Funds for sponsored research at each university
6326	shall be budgeted and expended pursuant to ss. 1004.22 1010.30
6327	and 1011.42.
6328	Section 155.  Subsection (6) of section 1011.42, Florida
6329	Statutes, is amended to read:
6330	1011.42  University depositories; deposits into and
6331	withdrawals from depositories.--
6332	(6)  The university president or his or her designee, after
6333	having been specifically authorized by the university board of
6334	trustees, may transfer funds from one depository to another,
6335	within a depository, to another institution, or from another
6336	institution to a depository for investment purposes and may
6337	transfer funds to pay expenses, expenditures, or other
6338	disbursements, evidenced by an invoice or other appropriate
6339	documentation in a similar manner when the transfer does not
6340	represent an expenditure, advance, or reduction of cash assets.
6341	Section 156.  Subsections (3), (4), and (5) of section
6342	1011.48, Florida Statutes, are amended to read:
6343	1011.48  Establishment of educational research centers for
6344	child development.--
6345	(3)  Each center is authorized to charge fees for the care
6346	and services it provides. Such fees must be approved by the
6347	Board of Governors State Board of Education and may be imposed
6348	on a sliding scale based on ability to pay or any other factors
6349	deemed relevant by the board.
6350	(4)  The Board of Governors may adopt State Board of
6351	Education is authorized and directed to promulgate rules for the
6352	establishment, operation, and supervision of educational
6353	research centers for child development. Such rules shall
6354	include, but need not be limited to: a defined method of
6355	establishment of and participation in the operation of centers
6356	by the appropriate student government associations; guidelines
6357	for the establishment of an intern program in each center; and
6358	guidelines for the receipt and monitoring of funds from grants
6359	and other sources of funds consistent with existing laws.
6360	(5)  Each educational research center for child development
6361	shall be funded by a portion of the Capital Improvement Trust
6362	Fund fee established by the Board of Governors State Board of
6363	Education pursuant to s. 1009.24(7). Each university that
6364	establishes a center shall receive a portion of such fees
6365	collected from the students enrolled at that university, usable
6366	only at that university, equal to 22.5 cents per student per
6367	credit hour taken per term, based on the summer term and fall
6368	and spring semesters. This allocation shall be used by the
6369	university only for the establishment and operation of a center
6370	as provided by this section and rules adopted promulgated
6371	hereunder. Said allocation may be made only after all bond
6372	obligations required to be paid from such fees have been met.
6373	Section 157.  Subsection (1) of section 1011.82, Florida
6374	Statutes, is amended to read:
6375	1011.82  Requirements for participation in Community
6376	College Program Fund.--Each community college district which
6377	participates in the state appropriations for the Community
6378	College Program Fund shall provide evidence of its effort to
6379	maintain an adequate community college program which shall:
6380	(1)  Meet the minimum standards prescribed by the State
6381	Board of Education in accordance with s.1001.02(6) s.
6382	1001.02(9).
6383	Section 158.  Subsection (4) of section 1011.90, Florida
6384	Statutes, is amended to read:
6385	1011.90  State university funding.--
6386	(4)  The Board of Governors State Board of Education shall
6387	establish and validate a cost-estimating system consistent with
6388	the requirements of subsection (1) and shall report as part of
6389	its legislative budget request the actual expenditures for the
6390	fiscal year ending the previous June 30. Expenditure analysis,
6391	operating budgets, and annual financial statements of each
6392	university must be prepared using the standard financial
6393	reporting procedures and formats prescribed by the Board of
6394	Governors State Board of Education. These formats shall be the
6395	same as used for the 2000-2001 fiscal year reports. Any
6396	revisions to these financial and reporting procedures and
6397	formats must be approved by the Executive Office of the Governor
6398	and the appropriations committees of the Legislature jointly
6399	under the provisions of s. 216.023(3). The Board of Governors
6400	State Board of Education shall continue to collect and maintain
6401	at a minimum the management information databases existing on
6402	June 30, 2002. The expenditure analysis report shall include
6403	total expenditures from all sources for the general operation of
6404	the university and shall be in such detail as needed to support
6405	the legislative budget request.
6406	Section 159.  Subsections (1) and (2) of section 1011.91,
6407	Florida Statutes, are amended to read:
6408	1011.91  Additional appropriation.--
6409	(1)  Except as otherwise provided in the General
6410	Appropriations Act, all moneys received by universities, other
6411	than from state and federal sources, from student building and
6412	capital improvement fees authorized in s. 1009.24, from federal
6413	sources, from private sources, and from vending machine
6414	collections, are hereby appropriated to the use of the
6415	respective universities collecting same, to be expended as the
6416	university board of trustees may direct; however, the funds
6417	shall not be expended except in pursuance of detailed budgets
6418	filed with the Board of Governors State Board of Education and
6419	shall not be expended for the construction or reconstruction of
6420	buildings except as provided under s. 1013.74.
6421	(2)  All moneys received from vending machine collections
6422	by a state university universities shall be expended only as set
6423	forth in detailed budgets approved by the university's board of
6424	trustees State Board of Education.
6425	Section 160.  Section 1011.94, Florida Statutes, is amended
6426	to read:
6427	1011.94  Trust Fund for University Major Gifts Program.--
6428	(1)  There is established the a Trust Fund for University
6429	Major Gifts Program. The purpose of the program trust fund is to
6430	enable each university and New College to provide donors with an
6431	incentive in the form of matching grants for donations for the
6432	establishment of permanent endowments and sales tax exemption
6433	matching funds received pursuant to s. 212.08(5)(j), which must
6434	be invested, with the proceeds of the investment used to support
6435	libraries and instruction and research programs, as defined by
6436	the Board of Governors State Board of Education. All funds
6437	appropriated for the challenge grants, new donors, major gifts,
6438	sales tax exemption matching funds pursuant to s. 212.08(5)(j),
6439	or eminent scholars program may be deposited into the trust fund
6440	and invested pursuant to s. 17.61 until the State Board of
6441	Education allocates the funds to universities to match private
6442	donations. Notwithstanding s. 216.301 and pursuant to s.
6443	216.351, any undisbursed balance remaining in the trust fund and
6444	interest income accruing to the portion of the trust fund which
6445	is not matched and distributed to universities must remain in
6446	the trust fund and be used to increase the total funds available
6447	for challenge grants. Funds deposited in the trust fund for the
6448	sales tax exemption matching program authorized in s.
6449	212.08(5)(j), and interest earnings thereon, shall be maintained
6450	in a separate account within the Trust Fund for University Major
6451	Gifts, and may be used only to match qualified sales tax
6452	exemptions that a certified business designates for use by state
6453	universities and community colleges to support research and
6454	development projects requested by the certified business. The
6455	State Board of Education may authorize any university to
6456	encumber the state matching portion of a challenge grant from
6457	funds available under s. 1011.45.
6458	(2)  The Board of Governors State Board of Education shall
6459	specify the process for submission, documentation, and approval
6460	of requests for matching funds, accountability for endowments
6461	and proceeds of endowments, allocations to universities,
6462	restrictions on the use of the proceeds from endowments, and
6463	criteria used in determining the value of donations.
6464	(3)(a)  The Board of Governors State Board of Education
6465	shall allocate the amount appropriated to the trust fund to each
6466	university and New College based on the amount of the donation
6467	and the restrictions applied to the donation.
6468	(b)  Donations for a specific purpose must be matched in
6469	the following manner:
6470	1.  Each university that raises at least $100,000 but no
6471	more than $599,999 from a private source must receive a matching
6472	grant equal to 50 percent of the private contribution.
6473	2.  Each university that raises a contribution of at least
6474	$600,000 but no more than $1 million from a private source must
6475	receive a matching grant equal to 70 percent of the private
6476	contribution.
6477	3.  Each university that raises a contribution in excess of
6478	$1 million but no more than $1.5 million from a private source
6479	must receive a matching grant equal to 75 percent of the private
6480	contribution.
6481	4.  Each university that raises a contribution in excess of
6482	$1.5 million but no more than $2 million from a private source
6483	must receive a matching grant equal to 80 percent of the private
6484	contribution.
6485	5.  Each university that raises a contribution in excess of
6486	$2 million from a private source must receive a matching grant
6487	equal to 100 percent of the private contribution.
6488	(c)  The Board of Governors State Board of Education shall
6489	encumber state matching funds for any pledged contributions, pro
6490	rata, based on the requirements for state matching funds as
6491	specified for the particular challenge grant and the amount of
6492	the private donations actually received by the university for
6493	the respective challenge grant.
6494	(4)  Matching funds may be provided for contributions
6495	encumbered or pledged under the Eminent Scholars Act prior to
6496	July 1, 1994, and for donations or pledges of any amount equal
6497	to or in excess of the prescribed minimums which are pledged for
6498	the purpose of this section.
6499	(5)(a)  Each university foundation and New College
6500	Foundation shall establish a challenge grant account for each
6501	challenge grant as a depository for private contributions and
6502	state matching funds to be administered on behalf of the Board
6503	of Governors or State Board of Education, the university, or New
6504	College. State matching funds must be transferred to a
6505	university foundation or New College Foundation upon
6506	notification that the university or New College has received and
6507	deposited the amount specified in this section in a foundation
6508	challenge grant account.
6509	(b)  The foundation serving a university and New College
6510	Foundation each has the responsibility for the maintenance and
6511	investment of its challenge grant account and for the
6512	administration of the program on behalf of the university or New
6513	College, pursuant to procedures specified by the Board of
6514	Governors State Board of Education. Each foundation shall
6515	include in its annual report to the Board of Governors State
6516	Board of Education information concerning collection and
6517	investment of matching gifts and donations and investment of the
6518	account.
6519	(c)  A donation of at least $600,000 and associated state
6520	matching funds may be used to designate an Eminent Scholar
6521	Endowed Chair pursuant to procedures specified by the Board of
6522	Governors State Board of Education.
6523	(6)  The donations, state matching funds, or proceeds from
6524	endowments established under this section may not be expended
6525	for the construction, renovation, or maintenance of facilities
6526	or for the support of intercollegiate athletics.
6527	Section 161.  Section 1012.01, Florida Statutes, is amended
6528	to read:
6529	1012.01  Definitions.--As used in this chapter, the
6530	following terms have the following meanings Specific definitions
6531	shall be as follows, and wherever such defined words or terms
6532	are used in the Florida K-20 Education Code, they shall be used
6533	as follows:
6534	(1)  SCHOOL OFFICERS.--The officers of the state system of
6535	public K-12 and community college education shall be the
6536	Commissioner of Education and the members of the State Board of
6537	Education; and, for each district school system, the officers
6538	shall be the district school superintendent and members of the
6539	district school board; and for each community college, the
6540	officers shall be the community college president and members of
6541	the community college board of trustees.
6542	(2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
6543	means any K-12 staff member whose function includes the
6544	provision of direct instructional services to students.
6545	Instructional personnel also includes K-12 personnel whose
6546	functions provide direct support in the learning process of
6547	students. Included in the classification of instructional
6548	personnel are the following K-12 personnel:
6549	(a)  Classroom teachers.--Classroom teachers are staff
6550	members assigned the professional activity of instructing
6551	students in courses in classroom situations, including basic
6552	instruction, exceptional student education, career education,
6553	and adult education, including substitute teachers.
6554	(b)  Student personnel services.--Student personnel
6555	services include staff members responsible for: advising
6556	students with regard to their abilities and aptitudes,
6557	educational and occupational opportunities, and personal and
6558	social adjustments; providing placement services; performing
6559	educational evaluations; and similar functions. Included in this
6560	classification are guidance counselors, social workers, career
6561	specialists, and school psychologists.
6562	(c)  Librarians/media specialists.--Librarians/media
6563	specialists are staff members responsible for providing school
6564	library media services. These employees are responsible for
6565	evaluating, selecting, organizing, and managing media and
6566	technology resources, equipment, and related systems;
6567	facilitating access to information resources beyond the school;
6568	working with teachers to make resources available in the
6569	instructional programs; assisting teachers and students in media
6570	productions; and instructing students in the location and use of
6571	information resources.
6572	(d)  Other instructional staff.--Other instructional staff
6573	are staff members who are part of the instructional staff but
6574	are not classified in one of the categories specified in
6575	paragraphs (a)-(c). Included in this classification are primary
6576	specialists, learning resource specialists, instructional
6577	trainers, adjunct educators certified pursuant to s. 1012.57,
6578	and similar positions.
6579	(e)  Education paraprofessionals.--Education
6580	paraprofessionals are individuals who are under the direct
6581	supervision of an instructional staff member, aiding the
6582	instructional process. Included in this classification are
6583	classroom paraprofessionals in regular instruction, exceptional
6584	education paraprofessionals, career education paraprofessionals,
6585	adult education paraprofessionals, library paraprofessionals,
6586	physical education and playground paraprofessionals, and other
6587	school-level paraprofessionals.
6588	(3)  ADMINISTRATIVE PERSONNEL.--"Administrative personnel"
6589	includes K-12 personnel who perform management activities such
6590	as developing broad policies for the school district and
6591	executing those policies through the direction of personnel at
6592	all levels within the district. Administrative personnel are
6593	generally high-level, responsible personnel who have been
6594	assigned the responsibilities of systemwide or schoolwide
6595	functions, such as district school superintendents, assistant
6596	superintendents, deputy superintendents, school principals,
6597	assistant principals, career center directors, and others who
6598	perform management activities. Broad classifications of K-12
6599	administrative personnel are as follows:
6600	(a)  District-based instructional administrators.--Included
6601	in this classification are persons with district-level
6602	administrative or policymaking duties who have broad authority
6603	for management policies and general school district operations
6604	related to the instructional program. Such personnel often
6605	report directly to the district school superintendent and
6606	supervise other administrative employees. This classification
6607	includes assistant, associate, or deputy superintendents and
6608	directors of major instructional areas, such as curriculum,
6609	federal programs such as Title I, specialized instructional
6610	program areas such as exceptional student education, career
6611	education, and similar areas.
6612	(b)  District-based noninstructional
6613	administrators.--Included in this classification are persons
6614	with district-level administrative or policymaking duties who
6615	have broad authority for management policies and general school
6616	district operations related to the noninstructional program.
6617	Such personnel often report directly to the district school
6618	superintendent and supervise other administrative employees.
6619	This classification includes assistant, associate, or deputy
6620	superintendents and directors of major noninstructional areas,
6621	such as personnel, construction, facilities, transportation,
6622	data processing, and finance.
6623	(c)  School administrators.--Included in this
6624	classification are:
6625	1.  School principals or school directors who are staff
6626	members performing the assigned activities as the administrative
6627	head of a school and to whom have been delegated responsibility
6628	for the coordination and administrative direction of the
6629	instructional and noninstructional activities of the school.
6630	This classification also includes career center directors.
6631	2.  Assistant principals who are staff members assisting
6632	the administrative head of the school. This classification also
6633	includes assistant principals for curriculum and administration.
6634	(4)  YEAR OF SERVICE.--The minimum time which may be
6635	recognized in administering K-12 the state program of education,
6636	not including retirement, as a year of service by a school
6637	employee shall be full-time actual service; and, beginning July
6638	1963, such service shall also include sick leave and holidays
6639	for which compensation was received but shall exclude all other
6640	types of leave and holidays for a total of more than one-half of
6641	the number of days required for the normal contractual period of
6642	service for the position held, which shall be 196 days or
6643	longer, or the minimum required for the district to participate
6644	in the Florida Education Finance Program in the year service was
6645	rendered, or the equivalent for service performed on a daily or
6646	hourly basis; provided, further, that absence from duty after
6647	the date of beginning service shall be covered by leave duly
6648	authorized and granted; further, the school board shall have
6649	authority to establish a different minimum for local district
6650	school purposes.
6651	(5)  SCHOOL VOLUNTEER.--A K-12 school volunteer is any
6652	nonpaid person who may be appointed by a district school board
6653	or its designee. School volunteers may include, but may not be
6654	limited to, parents, senior citizens, students, and others who
6655	assist the teacher or other members of the school staff.
6656	(6)  EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support
6657	employees" means K-12 employees whose job functions are neither
6658	administrative nor instructional, yet whose work supports the
6659	educational process.
6660	(a)  Other professional staff or
6661	nonadministrative/noninstructional employees are staff members
6662	who perform professional job functions which are
6663	nonadministrative/noninstructional in nature and who are not
6664	otherwise classified in this section. Included in this
6665	classification are employees such as doctors, nurses, attorneys,
6666	certified public accountants, and others appropriate to the
6667	classification.
6668	(b)  Technicians are individuals whose occupations require
6669	a combination of knowledge and manual skill which can be
6670	obtained through about 2 years of post-high school education,
6671	such as is offered in many career centers and community
6672	colleges, or through equivalent on-the-job training.
6673	(c)  Clerical/secretarial workers are individuals whose job
6674	requires skills and training in clerical-type work, including
6675	activities such as preparing, transcribing, systematizing, or
6676	preserving written communications and reports or operating
6677	equipment performing those functions. Included in this
6678	classification are secretaries, bookkeepers, messengers, and
6679	office machine operators.
6680	(d)  Skilled crafts workers are individuals who perform
6681	jobs which require special manual skill and a thorough and
6682	comprehensive knowledge of the processes involved in the work
6683	which is acquired through on-the-job training and experience or
6684	through apprenticeship or other formal training programs. Lead
6685	workers for the various skilled crafts areas shall be included
6686	in this classification.
6687	(e)  Service workers are staff members performing a service
6688	for which there are no formal qualifications, including those
6689	responsible for: cleaning the buildings, school plants, or
6690	supporting facilities; maintenance and operation of such
6691	equipment as heating and ventilation systems; preserving the
6692	security of school property; and keeping the school plant safe
6693	for occupancy and use. Lead workers in the various service areas
6694	shall be included in this broad classification.
6695	(7)  MANAGERS.--"Managers" includes those K-12 staff
6696	members who perform managerial and supervisory functions while
6697	usually also performing general operations functions. Managers
6698	may be either instructional or noninstructional in their
6699	responsibility. They may direct employees' work, plan the work
6700	schedule, control the flow and distribution of work or
6701	materials, train employees, handle complaints, authorize
6702	payments, and appraise productivity and efficiency of employees.
6703	This classification includes coordinators and supervisors
6704	working under the general direction of those staff identified as
6705	district-based instructional or noninstructional administrators.
6706	Section 162.  Subsection (1) of section 1012.80, Florida
6707	Statutes, is amended to read:
6708	1012.80  Participation by employees in disruptive
6709	activities at public postsecondary educational institutions;
6710	penalties.--
6711	(1)(a)  Any person who accepts the privilege extended by
6712	the laws of this state of employment at any community college
6713	public postsecondary educational institution shall, by so
6714	working at such institution, be deemed to have given his or her
6715	consent to the policies of that institution, the policies of the
6716	State Board of Education, and the laws of this state. Such
6717	policies shall include prohibition against disruptive activities
6718	at community colleges public postsecondary educational
6719	institutions.
6720	(b)  Any person who accepts the privilege extended by the
6721	laws of this state of employment at any state university shall,
6722	by working at such institution, be deemed to have given his or
6723	her consent to the policies of that institution, the policies of
6724	the Board of Governors, and the laws of this state. Such
6725	policies shall include prohibition against disruptive activities
6726	at state universities.
6727	Section 163.  Section 1012.801, Florida Statutes, is
6728	amended to read:
6729	1012.801  Employees of the Board of Governors Division of
6730	Colleges and Universities.--Employees of the Board of Governors
6731	Division of Colleges and Universities of the Department of
6732	Education who were are participating in the State University
6733	Optional Retirement Program prior to June 30, 2002, shall be
6734	eligible to continue such participation as long as they remain
6735	employees of the Board of Governors Department of Education or a
6736	state university without a break in continuous service.
6737	Section 164.  Section 1012.93, Florida Statutes, is amended
6738	to read:
6739	1012.93  Faculty members; test of spoken English.-- The
6740	State Board of Education shall adopt rules requiring that All
6741	faculty members in each state university and New College, other
6742	than those persons who teach courses that are conducted
6743	primarily in a foreign language, shall be proficient in the oral
6744	use of English, as determined by a satisfactory grade on the
6745	"Test of Spoken English" of the Educational Testing Service or a
6746	similar test approved by the Board of Governors state board.
6747	Section 165.  Paragraph (c) of subsection (4) of section
6748	1012.98, Florida Statutes, is amended to read:
6749	1012.98  School Community Professional Development Act.--
6750	(4)  The Department of Education, school districts,
6751	schools, community colleges, and state universities share the
6752	responsibilities described in this section. These
6753	responsibilities include the following:
6754	(c)  The Department of Education shall approve a public
6755	state university having an approved physical education teacher
6756	preparation program within its college of education to develop
6757	and implement an Internet-based clearinghouse for physical
6758	education professional development programs that may be accessed
6759	and used by all instructional personnel. The development of
6760	these programs shall be financed primarily by private funds and
6761	shall be available for use no later than August 1, 2005.
6762	Section 166.  Subsection (3) of section 1013.01, Florida
6763	Statutes, is amended to read:
6764	1013.01  Definitions.--The following terms shall be defined
6765	as follows for the purpose of this chapter:
6766	(3)  "Board," unless otherwise specified, means a district
6767	school board, a community college board of trustees, a
6768	university board of trustees, and the Board of Trustees for the
6769	Florida School for the Deaf and the Blind. The term "board" does
6770	not include the State Board of Education or the Board of
6771	Governors.
6772	Section 167.  Subsection (2) of section 1013.02, Florida
6773	Statutes, is amended to read:
6774	1013.02  Purpose; rules.--
6775	(2)(a)  The State Board of Education shall adopt rules
6776	pursuant to ss. 120.536(1) and 120.54 to implement the
6777	provisions of this chapter for school districts and community
6778	colleges.
6779	(b)  The Board of Governors shall adopt rules pursuant to
6780	ss. 120.536(1) and 120.54 to implement the provisions of this
6781	chapter for state universities.
6782	Section 168.  Section 1013.03, Florida Statutes, is amended
6783	to read:
6784	1013.03  Functions of the department and the Board of
6785	Governors.--The functions of the Department of Education as it
6786	pertains to educational facilities of school districts and
6787	community colleges and of the Board of Governors as it pertains
6788	to educational facilities of state universities shall include,
6789	but not be limited to, the following:
6790	(1)  Establish recommended minimum and maximum square
6791	footage standards for different functions and areas and
6792	procedures for determining the gross square footage for each
6793	educational facility to be funded in whole or in part by the
6794	state, including public broadcasting stations but excluding
6795	postsecondary special purpose laboratory space. The gross square
6796	footage determination standards may be exceeded when the core
6797	facility space of an educational facility is constructed or
6798	renovated to accommodate the future addition of classrooms to
6799	meet projected increases in student enrollment. The department
6800	and the Board of Governors shall encourage multiple use of
6801	facilities and spaces in educational plants.
6802	(2)  Establish, for the purpose of determining need,
6803	equitably uniform utilization standards for all types of like
6804	space, regardless of the level of education. These standards
6805	shall also establish, for postsecondary education classrooms, a
6806	minimum room utilization rate of 40 hours per week and a minimum
6807	station utilization rate of 60 percent. These rates shall be
6808	subject to increase based on national norms for utilization of
6809	postsecondary education classrooms.
6810	(3)  Require boards to submit other educational plant
6811	inventories data and statistical data or information relevant to
6812	construction, capital improvements, and related costs.
6813	(4)  Require each board and other appropriate agencies to
6814	submit complete and accurate financial data as to the amounts of
6815	funds from all sources that are available and spent for
6816	construction and capital improvements. The commissioner shall
6817	prescribe the format and the date for the submission of this
6818	data and any other educational facilities data. If any district
6819	does not submit the required educational facilities fiscal data
6820	by the prescribed date, the Commissioner of Education shall
6821	notify the district school board of this fact and, if
6822	appropriate action is not taken to immediately submit the
6823	required report, the district school board shall be directed to
6824	proceed pursuant to the provisions of s. 1001.42(11)(b). If any
6825	community college or university does not submit the required
6826	educational facilities fiscal data by the prescribed date, the
6827	same policy prescribed in this subsection for school districts
6828	shall be implemented.
6829	(5)  Administer, under the supervision of the Commissioner
6830	of Education, the Public Education Capital Outlay and Debt
6831	Service Trust Fund and the School District and Community College
6832	District Capital Outlay and Debt Service Trust Fund.
6833	(6)  Develop, review, update, revise, and recommend a
6834	mandatory portion of the Florida Building Code for educational
6835	facilities construction and capital improvement by community
6836	college boards and district school boards.
6837	(7)  Provide training, technical assistance, and building
6838	code interpretation for requirements of the mandatory Florida
6839	Building Code for the educational facilities construction and
6840	capital improvement programs of the community college boards and
6841	district school boards and, upon request, approve phase III
6842	construction documents for remodeling, renovation, or new
6843	construction of educational plants or ancillary facilities,
6844	except that university boards of trustees shall approve
6845	specifications and construction documents for their respective
6846	institutions pursuant to guidelines of the Board of Governors.
6847	The Department of Management Services may, upon request, provide
6848	similar services for the Florida School for the Deaf and the
6849	Blind and shall use the Florida Building Code and the Florida
6850	Fire Prevention Code.
6851	(8)  Provide minimum criteria, procedures, and training to
6852	boards to conduct educational plant surveys and document the
6853	determination of future needs.
6854	(9)  Make available to boards technical assistance,
6855	awareness training, and research and technical publications
6856	relating to lifesafety, casualty, sanitation, environmental,
6857	maintenance, and custodial issues; and, as needed, technical
6858	assistance for survey, planning, design, construction,
6859	operation, and evaluation of educational and ancillary
6860	facilities and plants, facilities administrative procedures
6861	review, and training for new administrators.
6862	(10)(a)  Review and validate surveys proposed or amended by
6863	the boards and recommend to the Commissioner of Education or the
6864	Chancellor of the State University System, as appropriate, for
6865	approval, surveys that meet the requirements of this chapter.
6866	1.  The term "validate" as applied to surveys by school
6867	districts means to review inventory data as submitted to the
6868	department by district school boards; provide for review and
6869	inspection, where required, of student stations and aggregate
6870	square feet of inventory changed from satisfactory to
6871	unsatisfactory or changed from unsatisfactory to satisfactory;
6872	compare new school inventory to allocation limits provided by
6873	this chapter; review cost projections for conformity with cost
6874	limits set by s. 1013.64(6); compare total capital outlay full-
6875	time equivalent enrollment projections in the survey with the
6876	department's projections; review facilities lists to verify that
6877	student station and auxiliary facility space allocations do not
6878	exceed the limits provided by this chapter and related rules;
6879	review and confirm the application of uniform facility
6880	utilization factors, where provided by this chapter or related
6881	rules; utilize the documentation of programs offered per site,
6882	as submitted by the board, to analyze facility needs; confirm
6883	that need projections for career and adult educational programs
6884	comply with needs documented by the Department of Education
6885	Office of Workforce and Economic Development; and confirm the
6886	assignment of full-time student stations to all space except
6887	auxiliary facilities, which, for purposes of exemption from
6888	student station assignment, include the following:
6889	a.  Cafeterias.
6890	b.  Multipurpose dining areas.
6891	c.  Media centers.
6892	d.  Auditoriums.
6893	e.  Administration.
6894	f.  Elementary, middle, and high school resource rooms, up
6895	to the number of such rooms recommended for the applicable
6896	occupant and space design capacity of the educational plant in
6897	the State Requirements for Educational Facilities, beyond which
6898	student stations must be assigned.
6899	g.  Elementary school skills labs, up to the number of such
6900	rooms recommended for the applicable occupant and space design
6901	capacity of the educational plant in the State Requirements for
6902	Educational Facilities, beyond which student stations must be
6903	assigned.
6904	h.  Elementary school art and music rooms.
6905	2.  The term "validate" as applied to surveys by community
6906	colleges and universities means to review and document the
6907	approval of each new site and official designation, where
6908	applicable; review the inventory database as submitted by each
6909	board to the department, including noncareer, and total capital
6910	outlay full-time equivalent enrollment projections per site and
6911	per college; provide for the review and inspection, where
6912	required, of student stations and aggregate square feet of space
6913	changed from satisfactory to unsatisfactory; utilize and review
6914	the documentation of programs offered per site submitted by the
6915	boards as accurate for analysis of space requirements and needs;
6916	confirm that needs projected for career and adult educational
6917	programs comply with needs documented by the Department of
6918	Education Office of Workforce and Economic Development; compare
6919	new facility inventory to allocations limits as provided in this
6920	chapter; review cost projections for conformity with state
6921	averages or limits designated by this chapter; compare student
6922	enrollment projections in the survey to the department's
6923	projections; review facilities lists to verify that area
6924	allocations and space factors for generating space needs do not
6925	exceed the limits as provided by this chapter and related rules;
6926	confirm the application of facility utilization factors as
6927	provided by this chapter and related rules; and review, as
6928	submitted, documentation of how survey recommendations will
6929	implement the detail of current campus master plans and
6930	integrate with local comprehensive plans and development
6931	regulations.
6932	(b)  Recommend priority of projects to be funded for
6933	approval by the state board, when required by law.
6934	(11)  Prepare the commissioner's comprehensive fixed
6935	capital outlay legislative budget request and provide annually
6936	an estimate of the funds available for developing required 3-
6937	year priority lists. This amount shall be based upon the average
6938	percentage for the 5 prior years of funds appropriated by the
6939	Legislature for fixed capital outlay to each level of public
6940	education: public schools, community colleges, and universities.
6941	(12)  Perform any other functions that may be involved in
6942	educational facilities construction and capital improvement
6943	which shall ensure that the intent of the Legislature is
6944	implemented.
6945	(13)  By October 1, 2003, review all rules related to
6946	school construction to identify requirements that are outdated,
6947	obsolete, unnecessary, or otherwise could be amended in order to
6948	provide additional flexibility to school districts to comply
6949	with the constitutional class size maximums described in s.
6950	1003.03(1) and make recommendations concerning such rules to the
6951	State Board of Education. The State Board of Education shall act
6952	on such recommendations by December 31, 2003.
6953	Section 169.  Section 1013.11, Florida Statutes, is amended
6954	to read:
6955	1013.11  Postsecondary institutions assessment of physical
6956	plant safety.--The president of each postsecondary institution
6957	shall conduct or cause to be conducted an annual assessment of
6958	physical plant safety. An annual report shall incorporate the
6959	findings obtained through such assessment and recommendations
6960	for the improvement of safety on each campus. The annual report
6961	shall be submitted to the respective governing or licensing
6962	board of jurisdiction no later than January 1 of each year. Each
6963	board shall compile the individual institutional reports and
6964	convey the aggregate institutional reports to the Commissioner
6965	of Education or the Chancellor of the State University System,
6966	as appropriate. The Commissioner of Education and the Chancellor
6967	of the State University System shall convey these reports and
6968	the reports required in s. 1008.48 to the President of the
6969	Senate and the Speaker of the House of Representatives no later
6970	than March 1 of each year.
6971	Section 170.  Section 1013.12, Florida Statutes, is amended
6972	to read:
6973	1013.12  Casualty, safety, sanitation, and firesafety
6974	standards and inspection of property.--
6975	(1)  FIRESAFETY.--The State Board of Education shall adopt
6976	and administer rules prescribing standards for the safety and
6977	health of occupants of educational and ancillary plants as a
6978	part of State Requirements for Educational Facilities or the
6979	Florida Building Code for educational facilities construction as
6980	provided in s. 1013.37, except that the State Fire Marshal in
6981	consultation with the Department of Education shall adopt
6982	uniform firesafety standards for educational and ancillary
6983	plants and educational facilities, as provided in s.
6984	633.022(1)(b), and a firesafety evaluation system to be used as
6985	an alternate firesafety inspection standard for existing
6986	educational and ancillary plants and educational facilities. The
6987	uniform firesafety standards and the alternate firesafety
6988	evaluation system shall be administered and enforced by local
6989	fire officials. These standards must be used by all public
6990	agencies when inspecting public educational and ancillary
6991	plants, and the firesafety standards must be used by local fire
6992	officials when performing firesafety inspections of public
6993	educational and ancillary plants and educational facilities. In
6994	accordance with such standards, each board shall prescribe
6995	policies and procedures establishing a comprehensive program of
6996	safety and sanitation for the protection of occupants of public
6997	educational and ancillary plants. Such policies must contain
6998	procedures for periodic inspections as prescribed in this
6999	section herein and for withdrawal of any educational and
7000	ancillary plant, or portion thereof, from use until unsafe or
7001	unsanitary conditions are corrected or removed.
7002	(2)(1)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
7003	BOARDS.--
7004	(a)  Each board shall provide for periodic inspection,
7005	other than firesafety inspection, of each educational and
7006	ancillary plant at least once during each fiscal year to
7007	determine compliance with standards of sanitation and casualty
7008	safety prescribed in the rules of the State Board of Education.
7009	(b)  Firesafety inspections of each educational and
7010	ancillary plant must be made annually by persons certified by
7011	the Division of State Fire Marshal to be eligible to conduct
7012	firesafety inspections in public educational and ancillary
7013	plants. The board shall submit a copy of the firesafety
7014	inspection report to the State Fire Marshal and, if there is a
7015	local fire official who conducts firesafety inspections, to the
7016	local fire official.
7017	(c)  In each firesafety inspection report, the board shall
7018	include a plan of action and a schedule for the correction of
7019	each deficiency which have been formulated in consultation with
7020	the local fire control authority. If immediate life-threatening
7021	deficiencies are noted in any inspection, the board shall either
7022	take action to promptly correct the deficiencies or withdraw the
7023	educational or ancillary plant from use until such time as the
7024	deficiencies are corrected.
7025	(3)(2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
7026	AGENCIES.--
7027	(a)  A safety or sanitation inspection of any educational
7028	or ancillary plant may be made at any time by the Department of
7029	Education or any other state or local agency authorized or
7030	required to conduct such inspections by either general or
7031	special law. Each agency conducting inspections shall use the
7032	standards adopted by the Commissioner of Education in lieu of,
7033	and to the exclusion of, any other inspection standards
7034	prescribed either by statute or administrative rule. The agency
7035	shall submit a copy of the inspection report to the board.
7036	(b)  One firesafety inspection of each educational or
7037	ancillary plant must be conducted each fiscal year by the
7038	county, municipality, or special fire control district in which
7039	the plant is located using the standards adopted by the State
7040	Fire Marshal. The board shall cooperate with the inspecting
7041	authority when a firesafety inspection is made by a governmental
7042	authority under this paragraph.
7043	(c)  In each firesafety inspection report, the local fire
7044	official in conjunction with the board shall include a plan of
7045	action and a schedule for the correction of each deficiency. If
7046	immediate life-threatening deficiencies are noted in any
7047	inspection, the local fire official shall either take action to
7048	require the board to promptly correct the deficiencies or
7049	withdraw the educational facility from use until the
7050	deficiencies are corrected, subject to review by the State Fire
7051	Marshal who shall act within 10 days to ensure that the
7052	deficiencies are corrected or withdraw the facility from use.
7053	(4)(3)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN
7054	FIRESAFETY DEFICIENCIES.--Upon failure of the board to take
7055	corrective action within a reasonable time, the agency making
7056	the inspection, other than a local fire official, may request
7057	the commissioner to:
7058	(a)  Order that appropriate action be taken to correct all
7059	deficiencies in accordance with a schedule determined jointly by
7060	the inspecting authority and the board; in developing the
7061	schedule, consideration must be given to the seriousness of the
7062	deficiencies and the ability of the board to obtain the
7063	necessary funds; or
7064	(b)  After 30 calendar days' notice to the board, order all
7065	or a portion of the educational or ancillary plant withdrawn
7066	from use until the deficiencies are corrected.
7067	(5)(4)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
7068	FACILITIES.--
7069	(a)  Firesafety inspections of community college and
7070	university facilities shall comply with State Board of Education
7071	rules.
7072	(b)  Firesafety inspections of state universities shall
7073	comply with rules of the Board of Governors.
7074	(6)(5)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
7075	failure of the board to take corrective action within the time
7076	designated in the plan of action to correct any firesafety
7077	deficiency noted under paragraph (2) (1)(c) or paragraph (3)
7078	(2)(c), the local fire official shall immediately report the
7079	deficiency to the State Fire Marshal, who shall have enforcement
7080	authority with respect to educational and ancillary plants and
7081	educational facilities as provided in chapter 633 for any other
7082	building or structure.
7083	(7)(6)  ADDITIONAL STANDARDS.--In addition to any other
7084	rules adopted under this section or s. 633.022, the State Fire
7085	Marshal in consultation with the Department of Education shall
7086	adopt and administer rules prescribing the following standards
7087	for the safety and health of occupants of educational and
7088	ancillary plants:
7089	(a)  The designation of serious life-safety hazards,
7090	including, but not limited to, nonfunctional fire alarm systems,
7091	nonfunctional fire sprinkler systems, doors with padlocks or
7092	other locks or devices that preclude egress at any time,
7093	inadequate exits, hazardous electrical system conditions,
7094	potential structural failure, and storage conditions that create
7095	a fire hazard.
7096	(b)  The proper placement of functional smoke and heat
7097	detectors and accessible, unexpired fire extinguishers.
7098	(c)  The maintenance of fire doors without doorstops or
7099	wedges improperly holding them open.
7100	(8)(7)  ANNUAL REPORT.--The State Fire Marshal shall
7101	publish an annual report to be filed with the substantive
7102	committees of the state House of Representatives and Senate
7103	having jurisdiction over education, the Commissioner of
7104	Education or his or her successor, the State Board of Education,
7105	the Board of Governors, and the Governor documenting the status
7106	of each board's firesafety program, including the improvement or
7107	lack thereof.
7108	Section 171.  Subsection (3) of section 1013.15, Florida
7109	Statutes, is amended to read:
7110	1013.15  Lease, rental, and lease-purchase of educational
7111	facilities and sites.--
7112	(3)  Lease or lease-purchase agreements entered into by
7113	university boards of trustees shall comply with the provisions
7114	of ss. s. 1013.171 and 1010.62.
7115	Section 172.  Subsection (3) is added to section 1013.16,
7116	Florida Statutes, to read:
7117	1013.16  Construction of facilities on leased property;
7118	conditions.--
7119	(3)  Leases executed by a university board of trustees
7120	pursuant to this section are subject to s. 1010.62.
7121	Section 173.  Section 1013.17, Florida Statutes, is amended
7122	to read:
7123	1013.17  University leasing in affiliated research and
7124	development park.--A university is exempt from the requirements
7125	of s. 255.25(3), (4), and (8) when leasing educational
7126	facilities in a research and development park with which the
7127	university is affiliated and when the Board of Governors State
7128	Board of Education certifies in writing that the leasing of such
7129	said educational facilities is in the best interests of the
7130	university and that the exemption from competitive bid
7131	requirements would not be detrimental to the state. Leases
7132	entered into pursuant to this section are subject to the
7133	provisions of s. 1010.62.
7134	Section 174.  Subsections (1) and (2) of section 1013.171,
7135	Florida Statutes, are amended, and subsection (6) is added to
7136	that section, to read:
7137	1013.171  University lease agreements; land, facilities.--
7138	(1)  Each university board of trustees is authorized to
7139	negotiate and enter into agreements to lease land under its
7140	jurisdiction to for-profit and nonprofit corporations,
7141	registered by the Secretary of State to do business in this
7142	state, for the purpose of erecting thereon facilities and
7143	accommodations necessary and desirable to serve the needs and
7144	purposes of the university, as determined by the systemwide
7145	strategic plan adopted by the Board of Governors State Board of
7146	Education. Such agreement will be for a term not in excess of 99
7147	years or the life expectancy of the permanent facilities
7148	constructed thereon, whichever is shorter, and shall include as
7149	a part of the consideration provisions for the eventual
7150	ownership of the completed facilities by the state. The Board of
7151	Trustees of the Internal Improvement Trust Fund upon request of
7152	the university board of trustees shall lease any such property
7153	to the university for sublease as heretofore provided.
7154	(2)  Each university board of trustees is authorized to
7155	enter into agreements with for-profit and nonprofit
7156	corporations, registered by the Secretary of State to do
7157	business in this state, whereby income-producing buildings,
7158	improvements, and facilities necessary and desirable to serve
7159	the needs and purposes of the university, as determined by the
7160	systemwide strategic plan adopted by the Board of Governors
7161	State Board of Education, are acquired by purchase or lease-
7162	purchase by the university. When such agreements provide for
7163	lease-purchase of facilities erected on land that is not under
7164	the jurisdiction of the university, the agreement shall include
7165	as a part of the consideration provisions for the eventual
7166	ownership of the land and facility by the state. Agreements for
7167	lease-purchase shall not exceed 30 years or the life expectancy
7168	of the permanent facility constructed, whichever is shorter.
7169	Notwithstanding the provisions of any other law, The university
7170	board of trustees may enter into an agreement for the lease-
7171	purchase of a facility under this section for a term greater
7172	than 1 year. Each university board of trustees is authorized to
7173	use any auxiliary trust funds, available and not otherwise
7174	obligated, to pay rent to the owner should income from the
7175	facilities not be sufficient in any debt payment period. The
7176	trust funds used for payment of rent shall be reimbursed as soon
7177	as possible to the extent that income from the facilities
7178	exceeds the amount necessary for such debt payment.
7179	(6)  Agreements entered into pursuant to this section are
7180	subject to the provisions of s. 1010.62.
7181	Section 175.  Section 1013.19, Florida Statutes, is amended
7182	to read:
7183	1013.19  Purchase, conveyance, or encumbrance of property
7184	interests above surface of land; joint-occupancy
7185	structures.--For the purpose of implementing jointly financed
7186	construction project agreements, or for the construction of
7187	combined occupancy structures, any board may purchase, own,
7188	convey, sell, lease, or encumber airspace or any other interests
7189	in property above the surface of the land, provided the lease of
7190	airspace for nonpublic use is for such reasonable rent, length
7191	of term, and conditions as the board in its discretion may
7192	determine. All proceeds from such sale or lease shall be used by
7193	the board or boards receiving the proceeds solely for fixed
7194	capital outlay purposes. These purposes may include the
7195	renovation or remodeling of existing facilities owned by the
7196	board or the construction of new facilities; however, for a
7197	community college board or university board, such new facility
7198	must be authorized by the Legislature. It is declared that the
7199	use of such rental by the board for public purposes in
7200	accordance with its statutory authority is a public use.
7201	Airspace or any other interest in property held by the Board of
7202	Trustees of the Internal Improvement Trust Fund or the State
7203	Board of Education may not be divested or conveyed without
7204	approval of the respective board. Any building, including any
7205	building or facility component that is common to both nonpublic
7206	and educational portions thereof, constructed in airspace that
7207	is sold or leased for nonpublic use pursuant to this section is
7208	subject to all applicable state, county, and municipal
7209	regulations pertaining to land use, zoning, construction of
7210	buildings, fire protection, health, and safety to the same
7211	extent and in the same manner as such regulations would be
7212	applicable to the construction of a building for nonpublic use
7213	on the appurtenant land beneath the subject airspace. Any
7214	educational facility constructed or leased as a part of a joint-
7215	occupancy facility is subject to all rules and requirements of
7216	the respective boards or departments having jurisdiction over
7217	educational facilities. Any contract executed by a university
7218	board of trustees pursuant to this section is subject to the
7219	provisions of s. 1010.62.
7220	Section 176.  Section 1013.25, Florida Statutes, is amended
7221	to read:
7222	1013.25  When university or community college board of
7223	trustees may exercise power of eminent domain.--Whenever it
7224	becomes necessary for the welfare and convenience of any of its
7225	institutions or divisions to acquire private property for the
7226	use of such institutions, and this cannot be acquired by
7227	agreement satisfactory to a university or community college
7228	board of trustees and the parties interested in, or the owners
7229	of, the private property, the board of trustees may exercise the
7230	power of eminent domain after receiving approval therefor from
7231	the Administration Commission State Board of Education and may
7232	then proceed to condemn the property in the manner provided by
7233	chapter 73 or chapter 74.
7234	Section 177.  Section 1013.28, Florida Statutes, is amended
7235	to read:
7236	1013.28  Disposal of property.--
7237	(1)  REAL PROPERTY.--
7238	(a)  Subject to rules of the State Board of Education, a
7239	district school board, the Board of Trustees for the Florida
7240	School for the Deaf and the Blind, or a community college board
7241	of trustees may dispose of any land or real property to which
7242	the board holds title which that is, by resolution of the board,
7243	determined to be unnecessary for educational purposes as
7244	recommended in an educational plant survey. A district school
7245	board, the Board of Trustees for the Florida School for the Deaf
7246	and the Blind, or a community college board of trustees shall
7247	take diligent measures to dispose of educational property only
7248	in the best interests of the public. However, appraisals may be
7249	obtained by the district school board, the Board of Trustees for
7250	the Florida School for the Deaf and the Blind, or the community
7251	college board of trustees prior to or simultaneously with the
7252	receipt of bids.
7253	(b)  Subject to rules of the Board of Governors, a state
7254	university board of trustees may dispose of any land or real
7255	property to which it holds valid title which is, by resolution
7256	of the state university board of trustees, determined to be
7257	unnecessary for educational purposes as recommended in an
7258	educational plant survey. A state university board of trustees
7259	shall take diligent measures to dispose of educational property
7260	only in the best interests of the public. However, appraisals
7261	may be obtained by the state university board of trustees prior
7262	to or simultaneously with the receipt of bids.
7263	(2)  TANGIBLE PERSONAL PROPERTY.--
7264	(a)  Tangible personal property that which has been
7265	properly classified as surplus by a district school board or
7266	community college board of trustees shall be disposed of in
7267	accordance with the procedure established by chapter 274 and by
7268	a university board of trustees by chapter 273. However, the
7269	provisions of chapter 274 shall not be applicable to a motor
7270	vehicle used in driver education to which title is obtained for
7271	a token amount from an automobile dealer or manufacturer. In
7272	such cases, the disposal of the vehicle shall be as prescribed
7273	in the contractual agreement between the automotive agency or
7274	manufacturer and the board.
7275	(b)  Tangible personal property that has been properly
7276	classified as surplus by a state university board of trustees
7277	shall be disposed of in accordance with the procedure
7278	established by chapter 273.
7279	Section 178.  Section 1013.31, Florida Statutes, is amended
7280	to read:
7281	1013.31  Educational plant survey; localized need
7282	assessment; PECO project funding.--
7283	(1)  At least every 5 years, each board shall arrange for
7284	an educational plant survey, to aid in formulating plans for
7285	housing the educational program and student population, faculty,
7286	administrators, staff, and auxiliary and ancillary services of
7287	the district or campus, including consideration of the local
7288	comprehensive plan. The Department of Education Office of
7289	Workforce and Economic Development shall document the need for
7290	additional career and adult education programs and the
7291	continuation of existing programs before facility construction
7292	or renovation related to career or adult education may be
7293	included in the educational plant survey of a school district or
7294	community college that delivers career or adult education
7295	programs. Information used by the Department of Education Office
7296	of Workforce and Economic Development to establish facility
7297	needs must include, but need not be limited to, labor market
7298	data, needs analysis, and information submitted by the school
7299	district or community college.
7300	(a)  Survey preparation and required data.--Each survey
7301	shall be conducted by the board or an agency employed by the
7302	board. Surveys shall be reviewed and approved by the board, and
7303	a file copy shall be submitted to the Department of Education or
7304	to the Chancellor of the State University System, as appropriate
7305	Office of Educational Facilities and SMART Schools Clearinghouse
7306	within the Office of the Commissioner of Education. The survey
7307	report shall include at least an inventory of existing
7308	educational and ancillary plants, including safe access
7309	facilities; recommendations for existing educational and
7310	ancillary plants; recommendations for new educational or
7311	ancillary plants, including the general location of each in
7312	coordination with the land use plan and safe access facilities;
7313	campus master plan update and detail for community colleges; the
7314	utilization of school plants based on an extended school day or
7315	year-round operation; and such other information as may be
7316	required by the Department of Education rules of the State Board
7317	of Education. This report may be amended, if conditions warrant,
7318	at the request of the department board or commissioner.
7319	(b)  Required need assessment criteria for district,
7320	community college, college and state university, and Florida
7321	School for the Deaf and the Blind plant surveys.--Educational
7322	plant surveys must use uniform data sources and criteria
7323	specified in this paragraph. Each revised educational plant
7324	survey and each new educational plant survey supersedes previous
7325	surveys.
7326	1.  The school district's survey must be submitted as a
7327	part of the district educational facilities plan defined in s.
7328	1013.35. To ensure that the data reported to the Department of
7329	Education as required by this section is correct, the department
7330	shall annually conduct an onsite review of 5 percent of the
7331	facilities reported for each school district completing a new
7332	survey that year. If the department's review finds the data
7333	reported by a district is less than 95 percent accurate, within
7334	1 year from the time of notification by the department the
7335	district must submit revised reports correcting its data. If a
7336	district fails to correct its reports, the commissioner may
7337	direct that future fixed capital outlay funds be withheld until
7338	such time as the district has corrected its reports so that they
7339	are not less than 95 percent accurate.
7340	2.  Each survey of a special facility, joint-use facility,
7341	or cooperative career education facility must be based on
7342	capital outlay full-time equivalent student enrollment data
7343	prepared by the department for school districts and, community
7344	colleges, colleges, and by the Chancellor of the State
7345	University System for universities. A survey of space needs of a
7346	joint-use facility shall be based upon the respective space
7347	needs of the school districts, community colleges, colleges, and
7348	universities, as appropriate. Projections of a school district's
7349	facility space needs may not exceed the norm space and occupant
7350	design criteria established by the State Requirements for
7351	Educational Facilities.
7352	3.  Each community college's survey must reflect the
7353	capacity of existing facilities as specified in the inventory
7354	maintained by the Department of Education. Projections of
7355	facility space needs must comply with standards for determining
7356	space needs as specified by rule of the State Board of
7357	Education. The 5-year projection of capital outlay student
7358	enrollment must be consistent with the annual report of capital
7359	outlay full-time student enrollment prepared by the Department
7360	of Education.
7361	4.  Each college and state university's survey must reflect
7362	the capacity of existing facilities as specified in the
7363	inventory maintained and validated by the Chancellor of the
7364	State University System Division of Colleges and Universities.
7365	Projections of facility space needs must be consistent with
7366	standards for determining space needs as specified by rule of
7367	approved by the Board of Governors Division of Colleges and
7368	Universities. The projected capital outlay full-time equivalent
7369	student enrollment must be consistent with the 5-year planned
7370	enrollment cycle for the State University System approved by the
7371	Board of Governors Division of Colleges and Universities.
7372	5.  The district educational facilities plan of a school
7373	district and the educational plant survey of a community
7374	college, college or state university, or the Florida School for
7375	the Deaf and the Blind may include space needs that deviate from
7376	approved standards for determining space needs if the deviation
7377	is justified by the district or institution and approved by the
7378	department or the Board of Governors, as appropriate, as
7379	necessary for the delivery of an approved educational program.
7380	(c)  Review and validation.--The Department of Education
7381	Office of Educational Facilities and SMART Schools Clearinghouse
7382	shall review and validate the surveys of school districts and,
7383	community colleges, and colleges and the Chancellor of the State
7384	University System shall review and validate the surveys of
7385	universities, and any amendments thereto, for compliance with
7386	the requirements of this chapter and shall recommend those in
7387	compliance for approval by the State Board of Education or the
7388	Board of Governors, as appropriate. Annually, the department
7389	shall perform an in-depth analysis of a representative sample of
7390	each survey of recommended needs for five districts selected by
7391	the commissioner from among districts with the largest need-to-
7392	revenue ratio. For the purpose of this subsection, the need-to-
7393	revenue ratio is determined by dividing the total 5-year cost of
7394	projects listed on the district survey by the total 5-year fixed
7395	capital outlay revenue projections from state and local sources
7396	as determined by the department. The commissioner may direct
7397	fixed capital outlay funds to be withheld from districts until
7398	such time as the survey accurately projects facilities needs.
7399	(d)  Periodic update of Florida Inventory of School
7400	Houses.--School districts shall periodically update their
7401	inventory of educational facilities as new capacity becomes
7402	available and as unsatisfactory space is eliminated. The State
7403	Board of Education shall adopt rules to determine the time frame
7404	in which districts must provide a periodic update.
7405	(2)  Only the district school superintendent, community
7406	college president, or the university president shall certify to
7407	the Department of Education Office of Educational Facilities and
7408	SMART Schools Clearinghouse a project's compliance with the
7409	requirements for expenditure of PECO funds prior to release of
7410	funds.
7411	(a)  Upon request for release of PECO funds for planning
7412	purposes, certification must be made to the Department of
7413	Education Office of Educational Facilities and SMART Schools
7414	Clearinghouse that the need for and location of the facility are
7415	in compliance with the board-approved survey recommendations,
7416	that the project meets the definition of a PECO project and the
7417	limiting criteria for expenditures of PECO funding, and that the
7418	plan is consistent with the local government comprehensive plan.
7419	(b)  Upon request for release of construction funds,
7420	certification must be made to the Department of Education Office
7421	of Educational Facilities and SMART Schools Clearinghouse that
7422	the need and location of the facility are in compliance with the
7423	board-approved survey recommendations, that the project meets
7424	the definition of a PECO project and the limiting criteria for
7425	expenditures of PECO funding, and that the construction
7426	documents meet the requirements of the Florida Building Code for
7427	educational facilities construction or other applicable codes as
7428	authorized in this chapter.
7429	Section 179.  Subsection (2) of section 1013.46, Florida
7430	Statutes, is amended to read:
7431	1013.46  Advertising and awarding contracts;
7432	prequalification of contractor.--
7433	(2)  Boards shall prequalify bidders for construction
7434	contracts according to rules prescribed by the State Board of
7435	Education which require the prequalification of bidders of
7436	educational facilities construction. Boards shall require that
7437	all construction or capital improvement bids be accompanied by
7438	evidence that the bidder holds an appropriate certificate or
7439	license or that the prime contractor has a current valid
7440	license.
7441	Section 180.  Section 1013.47, Florida Statutes, is amended
7442	to read:
7443	1013.47  Substance of contract; contractors to give bond;
7444	penalties.--Each board shall develop contracts consistent with
7445	this chapter and statutes governing public facilities. Such a
7446	contract must contain the drawings and specifications of the
7447	work to be done and the material to be furnished, the time limit
7448	in which the construction is to be completed, the time and
7449	method by which payments are to be made upon the contract, and
7450	the penalty to be paid by the contractor for any failure to
7451	comply with the terms of the contract. The board may require the
7452	contractor to pay a penalty for any failure to comply with the
7453	terms of the contract and may provide an incentive for early
7454	completion. Upon accepting a satisfactory bid, the board shall
7455	enter into a contract with the party or parties whose bid has
7456	been accepted. The contractor shall furnish the board with a
7457	performance and payment bond as set forth in s. 255.05. A board
7458	or other public entity may not require a contractor to secure a
7459	surety bond under s. 255.05 from a specific agent or bonding
7460	company. Notwithstanding any other provision of this section, if
7461	25 percent or more of the costs of any construction project is
7462	paid out of a trust fund established pursuant to 31 U.S.C. s.
7463	1243(a)(1), laborers and mechanics employed by contractors or
7464	subcontractors on such construction will be paid wages not less
7465	than those prevailing on similar construction projects in the
7466	locality, as determined by the Secretary of Labor in accordance
7467	with the Davis-Bacon Act, as amended. A person, firm, or
7468	corporation that constructs any part of any educational plant,
7469	or addition thereto, on the basis of any unapproved plans or in
7470	violation of any plans approved in accordance with the
7471	provisions of this chapter and rules of the State Board of
7472	Education or the Board of Governors relating to building
7473	standards or specifications is subject to forfeiture of bond and
7474	unpaid compensation in an amount sufficient to reimburse the
7475	board for any costs that will need to be incurred in making any
7476	changes necessary to assure that all requirements are met and is
7477	also guilty of a misdemeanor of the second degree, punishable as
7478	provided in s. 775.082 or s. 775.083, for each separate
7479	violation.
7480	Section 181.  Paragraphs (a), (c), and (d) of subsection
7481	(1) and subsections (2) and (3) of section 1013.52, Florida
7482	Statutes, are amended to read:
7483	1013.52  Cooperative development and joint use of
7484	facilities by two or more boards.--
7485	(1)  Two or more boards, including district school boards,
7486	community college boards of trustees, the Board of Trustees for
7487	the Florida School for the Deaf and the Blind, and university
7488	boards of trustees, desiring to cooperatively establish a common
7489	educational facility to accommodate students shall:
7490	(a)  Jointly request a formal assessment by the
7491	Commissioner of Education or the Chancellor of the State
7492	University System, as appropriate, of the academic program need
7493	and the need to build new joint-use facilities to house approved
7494	programs. Completion of the assessment and approval of the
7495	project by the State Board of Education, the Board of Governors,
7496	the Chancellor of the State University System, or the
7497	Commissioner of Education, as appropriate, should be done prior
7498	to conducting an educational facilities survey.
7499	(c)  Adopt and submit to the Commissioner of Education, and
7500	the Chancellor of the State University System if the joint
7501	request involves a state university, a joint resolution of the
7502	participating boards indicating their commitment to the
7503	utilization of the requested facility and designating the locale
7504	of the proposed facility. The joint resolution shall contain a
7505	statement of determination by the participating boards that
7506	alternate options, including the use of leased, rented, or
7507	borrowed space, were considered and found less appropriate than
7508	construction of the proposed facility. The joint resolution
7509	shall contain assurance that the development of the proposed
7510	facility has been examined in conjunction with the programs
7511	offered by neighboring public educational facilities offering
7512	instruction at the same level. The joint resolution also shall
7513	contain assurance that each participating board shall provide
7514	for continuity of educational progression. All joint resolutions
7515	shall be submitted to the commissioner by August 1 for
7516	consideration of funding by the subsequent Legislature.
7517	(d)  Submit requests for funding of joint-use facilities
7518	projects involving state universities and community colleges for
7519	approval by the Commissioner of Education and the Chancellor of
7520	the State University System. The Commissioner of Education and
7521	the Chancellor of the State University System shall jointly
7522	determine the priority for funding these projects in relation to
7523	the priority of all other capital outlay projects under their
7524	consideration. To be eligible for funding from the Public
7525	Education Capital Outlay and Debt Service Trust Fund under the
7526	provisions of this section, projects involving both state
7527	universities and community colleges shall appear on the 3-year
7528	capital outlay priority lists of community colleges and of
7529	universities required by s. 1013.64. Projects involving a state
7530	university, community college, and a public school, and in which
7531	the larger share of the proposed facility is for the use of the
7532	state university or the community college, shall appear on the
7533	3-year capital outlay priority lists of the community colleges
7534	or of the universities, as applicable.
7535	(2)  An educational plant survey must be conducted within
7536	90 days after submission of the joint resolution and
7537	substantiating data describing the benefits to be obtained, the
7538	programs to be offered, and the estimated cost of the proposed
7539	project. Upon completion of the educational plant survey, the
7540	participating boards may include the recommended projects in
7541	their plan as provided in s. 1013.31. Upon approval of the
7542	project by the commissioner or the Chancellor of the State
7543	University System, as appropriate, 25 percent of the total cost
7544	of the project, or the pro rata share based on space utilization
7545	of 25 percent of the cost, must be included in the department's
7546	legislative capital outlay budget request as provided in s.
7547	1013.60 for educational plants. The participating boards must
7548	include in their joint resolution a commitment to finance the
7549	remaining funds necessary to complete the planning,
7550	construction, and equipping of the facility. Funds from the
7551	Public Education Capital Outlay and Debt Service Trust Fund may
7552	not be expended on any project unless specifically authorized by
7553	the Legislature.
7554	(3)  Included in all proposals for joint-use facilities
7555	must be documentation that the proposed new campus or new joint-
7556	use facility has been reviewed by the State Board of Education
7557	or the Board of Governors, as appropriate, and has been formally
7558	requested for authorization by the Legislature.
7559	Section 182.  Subsection (2) of section 1013.60, Florida
7560	Statutes, is amended to read:
7561	1013.60  Legislative capital outlay budget request.--
7562	(2)  The commissioner shall submit to the Governor and to
7563	the Legislature an integrated, comprehensive budget request for
7564	educational facilities construction and fixed capital outlay
7565	needs for school districts, community colleges, and
7566	universities, pursuant to the provisions of s. 1013.64 and
7567	applicable provisions of chapter 216. Each community college
7568	board of trustees and each university board of trustees shall
7569	submit to the commissioner a 3-year plan and data required in
7570	the development of the annual capital outlay budget. The
7571	information that is approved by the Board of Governors must be
7572	submitted to the Commissioner of Education for inclusion in the
7573	comprehensive budget request for educational facilities. No
7574	further disbursements shall be made from the Public Education
7575	Capital Outlay and Debt Service Trust Fund to a board of
7576	trustees that fails to timely submit the required data until
7577	such board of trustees submits the data.
7578	Section 183.  Paragraph (a) of subsection (4) of section
7579	1013.64, Florida Statutes, is amended to read:
7580	1013.64  Funds for comprehensive educational plant needs;
7581	construction cost maximums for school district capital
7582	projects.--Allocations from the Public Education Capital Outlay
7583	and Debt Service Trust Fund to the various boards for capital
7584	outlay projects shall be determined as follows:
7585	(4)(a)  Community college boards of trustees and university
7586	boards of trustees shall receive funds for projects based on a
7587	3-year priority list, to be updated annually, which is submitted
7588	to the Legislature in the legislative budget request at least 90
7589	days prior to the legislative session. The State Board of
7590	Education shall submit a 3-year priority list for community
7591	colleges and the Board of Governors shall submit a 3-year
7592	priority list for universities. The lists shall reflect
7593	decisions by the State Board of Education for community colleges
7594	and the Board of Governors for state universities concerning
7595	program priorities that implement the statewide plan for program
7596	growth and quality improvement in education. No remodeling or
7597	renovation project shall be included on the 3-year priority list
7598	unless the project has been recommended pursuant to s. 1013.31
7599	or is for the purpose of correcting health and safety
7600	deficiencies. No new construction project shall be included on
7601	the first year of the 3-year priority list unless the
7602	educational specifications have been approved by the
7603	commissioner for a community college project or by the Board of
7604	Governors for a university project, as applicable. The funds
7605	requested for a new construction project in the first year of
7606	the 3-year priority list shall be in conformance with the scope
7607	of the project as defined in the educational specifications. Any
7608	new construction project requested in the first year of the 3-
7609	year priority list which is not funded by the Legislature shall
7610	be carried forward to be listed first in developing the updated
7611	3-year priority list for the subsequent year's capital outlay
7612	budget. Should the order of the priority of the projects change
7613	from year to year, a justification for such change shall be
7614	included with the updated priority list.
7615	Section 184.  Subsection (1) of section 1013.65, Florida
7616	Statutes, is amended to read:
7617	1013.65  Educational and ancillary plant construction
7618	funds; Public Education Capital Outlay and Debt Service Trust
7619	Fund; allocation of funds.--
7620	(1)  The commissioner, through the department, shall
7621	administer the Public Education Capital Outlay and Debt Service
7622	Trust Fund. The commissioner shall allocate or reallocate funds
7623	as authorized by the Legislature. Copies of each allocation or
7624	reallocation shall be provided to members of the State Board of
7625	Education and the Board of Governors and to the chairs of the
7626	House of Representatives and Senate appropriations committees.
7627	The commissioner shall provide for timely encumbrances of funds
7628	for duly authorized projects. Encumbrances may include proceeds
7629	to be received under a resolution approved by the State Board of
7630	Education authorizing the issuance of public education capital
7631	outlay bonds pursuant to s. 9(a)(2), Art. XII of the State
7632	Constitution, s. 215.61, and other applicable law. The
7633	commissioner shall provide for the timely disbursement of moneys
7634	necessary to meet the encumbrance authorizations of the boards.
7635	Records shall be maintained by the department to identify
7636	legislative appropriations, allocations, encumbrance
7637	authorizations, disbursements, transfers, investments, sinking
7638	funds, and revenue receipts by source. The Department of
7639	Education shall pay the administrative costs of the Public
7640	Education Capital Outlay and Debt Service Trust Fund from the
7641	funds which comprise the trust fund.
7642	Section 185.  Paragraph (c) of subsection (2) and
7643	subsection (3) of section 1013.74, Florida Statutes, are
7644	amended, and subsection (5) is added to that section, to read:
7645	1013.74  University authorization for fixed capital outlay
7646	projects.--
7647	(2)  The following types of projects may be accomplished
7648	pursuant to this section:
7649	(c)  Construction of projects financed as provided in s.
7650	1010.62 ss. 1010.60-1010.619 or 1013.71;
7651	(3)  Other than those projects currently authorized, no
7652	project proposed by a university which is to be funded from
7653	Capital Improvement Trust Fund fees or building fees shall be
7654	submitted to the Board of Governors State Board of Education for
7655	approval without prior consultation with the student government
7656	association of that university. The Board of Governors may adopt
7657	State Board of Education shall promulgate rules which are
7658	consistent with this requirement.
7659	(5)  Projects accomplished pursuant to this section are
7660	subject to the requirements of s. 1010.62.
7661	Section 186.  Subsection (2) of section 1013.78, Florida
7662	Statutes, is amended to read:
7663	1013.78  Approval required for certain university-related
7664	facility acquisitions.--
7665	(2)  Legislative approval shall not be required for
7666	renovations, remodeling, replacement of existing facilities, or
7667	construction of minor projects as defined in s. 1013.64, except
7668	to the extent required pursuant to s. 1010.62.
7669	Section 187.  Sections 186.805 and 1004.54, Florida
7670	Statutes, are repealed. It is the intent of the Legislature that
7671	the repeal of ss. 186.805 and 1004.54, Florida Statutes, by this
7672	act is to remove existing statutory authorization that is no
7673	longer necessary for the establishment, operation, or
7674	maintenance of the entities that were established, operated, or
7675	regulated under those provisions and does not affect the
7676	authority of a state university or the Board of Governors of the
7677	State University System under s. 7, Art. IX of the State
7678	Constitution and s. 1001.705, Florida Statutes, to continue such
7679	entities and their operation and regulation in accordance with
7680	that authority.
7681	Section 188.  Sections 741.03055, 741.03056, 1001.75,
7682	1007.261, 1007.31, 1007.32, 1008.51, 1011.4105, 1012.92,
7683	1012.94, and 1012.95, Florida Statutes, are repealed.
7684	Section 189.  To the extent the Board of Governors of the
7685	State University System or a university board of trustees
7686	chooses to repeal any rules in Title 6C, Florida Administrative
7687	Code, including any rules that derive solely from the
7688	constitutional authority of the Board of Governors, such rules
7689	shall be repealed pursuant to chapter 120, Florida Statutes.
7690	Section 190.  This act shall take effect July 1, 2007.

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