HB 737

1
A bill to be entitled
2An act relating to the awarding of baccalaureate degrees
3by community colleges; amending s. 1001.64, F.S.;
4providing for community colleges that grant baccalaureate
5degrees to remain under the authority of the State Board
6of Education with respect to specified responsibilities;
7providing that the board of trustees is the governing
8board for purposes of granting baccalaureate degrees;
9providing powers of the boards of trustees, including the
10power to establish tuition and out-of-state fees;
11providing restrictions; requiring policies relating to
12minimum faculty teaching hours per week; amending s.
131004.65, F.S.; requiring community colleges that offer
14baccalaureate degrees to maintain their primary mission
15and prohibiting the termination of associate degree
16programs; amending s. 1004.73, F.S.; removing
17authorization for St. Petersburg College to request
18funding from the Public Education Capital Outlay and Debt
19Service Trust Fund as a university; amending s. 1007.33,
20F.S.; removing a requirement that proposals for a
21baccalaureate degree program be submitted to the Council
22for Education Policy Research and Improvement for review
23and comment; providing requirements for the delivery of
24specified baccalaureate degree programs by a regionally
25accredited college or university at a community college
26site; requiring notification to colleges and universities
27of intent to offer the degree program; amending s.
281009.23, F.S.; providing guidelines and restrictions for
29setting tuition and out-of-state fees for upper-division
30courses; requiring the State Board of Education to adopt a
31resident fee schedule for baccalaureate degree programs
32offered by community colleges; amending s. 1011.83, F.S.;
33providing requirements for funding baccalaureate degree
34programs, including funding nonrecurring and recurring
35costs associated with such programs; providing that it is
36state policy to limit state support for recurring
37operating purposes to no more than a specified percentage
38of funding for certain state university programs;
39providing certain reporting and funding requirements;
40amending s. 1013.60, F.S.; allowing boards of trustees to
41request funding for all authorized programs; providing
42that enrollment in baccalaureate degree programs may be
43computed into the survey of need for facilities under
44certain conditions; providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Subsections (1), (2), and (8) of section
491001.64, Florida Statutes, are amended to read:
50     1001.64  Community college boards of trustees; powers and
51duties.--
52     (1)  The boards of trustees shall be responsible for
53cost-effective policy decisions appropriate to the community
54college's mission, the implementation and maintenance of
55high-quality education programs within law and rules of the
56State Board of Education, the measurement of performance, the
57reporting of information, and the provision of input regarding
58state policy, budgeting, and education standards. Community
59colleges may grant baccalaureate degrees pursuant to s. 1007.33
60and shall remain under the authority of the State Board of
61Education with respect to planning, coordination, oversight, and
62budgetary and accountability responsibilities.
63     (2)  Each board of trustees is vested with the
64responsibility to govern its respective community college and
65with such necessary authority as is needed for the proper
66operation and improvement thereof in accordance with rules of
67the State Board of Education. This authority includes serving as
68the governing board for purposes of granting baccalaureate
69degrees as authorized in s. 1007.33 and approved by the State
70Board of Education.
71     (8)  Each board of trustees has authority for policies
72related to students, enrollment of students, student records,
73student activities, financial assistance, and other student
74services.
75     (a)  Each board of trustees shall govern admission of
76students pursuant to s. 1007.263 and rules of the State Board of
77Education. A board of trustees may establish additional
78admissions criteria, which shall be included in the district
79interinstitutional articulation agreement developed according to
80s. 1007.235, to ensure student readiness for postsecondary
81instruction. Each board of trustees may consider the past
82actions of any person applying for admission or enrollment and
83may deny admission or enrollment to an applicant because of
84misconduct if determined to be in the best interest of the
85community college.
86     (b)  Each board of trustees shall adopt rules establishing
87student performance standards for the award of degrees and
88certificates pursuant to s. 1004.68. The board of trustees of a
89community college which is authorized to grant a baccalaureate
90degree under s. 1007.33 may continue to award degrees, diplomas,
91and certificates as authorized for the college, and in the name
92of the college, until the college receives any necessary changes
93to its accreditation.
94     (c)  Each board of trustees shall establish tuition and
95out-of-state fees for approved baccalaureate degree programs,
96consistent with law and proviso language in the General
97Appropriations Act; however, a board of trustees may not vary
98tuition and out-of-state fees as provided in s. 1009.23(4).
99     (d)(c)  Boards of trustees are authorized to establish
100intrainstitutional and interinstitutional programs to maximize
101articulation pursuant to s. 1007.22.
102     (e)(d)  Boards of trustees shall identify their core
103curricula, which shall include courses required by the State
104Board of Education, pursuant to the provisions of s. 1007.25(6).
105     (f)(e)  Each board of trustees must adopt a written
106antihazing policy, provide a program for the enforcement of such
107rules, and adopt appropriate penalties for violations of such
108rules pursuant to the provisions of s. 1006.63.
109     (g)(f)  Each board of trustees may establish a uniform code
110of conduct and appropriate penalties for violation of its rules
111by students and student organizations, including rules governing
112student academic honesty. Such penalties, unless otherwise
113provided by law, may include fines, the withholding of diplomas
114or transcripts pending compliance with rules or payment of
115fines, and the imposition of probation, suspension, or
116dismissal.
117     (h)(g)  Each board of trustees pursuant to s. 1006.53 shall
118adopt a policy in accordance with rules of the State Board of
119Education that reasonably accommodates the religious observance,
120practice, and belief of individual students in regard to
121admissions, class attendance, and the scheduling of examinations
122and work assignments.
123     (i)  Each board of trustees shall adopt a policy providing
124that faculty who teach upper-division courses that are a
125component part of a baccalaureate degree program must meet the
126requirements of s. 1012.82.
127     Section 2.  Paragraph (a) of subsection (7) and subsection
128(9) of section 1004.65, Florida Statutes, are amended to read:
129     1004.65  Community colleges; definition, mission, and
130responsibilities.--
131     (7)  A separate and secondary role for community colleges
132includes:
133     (a)  Providing upper level instruction and awarding
134baccalaureate degrees as specifically authorized by law. A
135community college that is approved to offer baccalaureate degree
136programs shall maintain its primary mission pursuant to
137subsection (6) and may not terminate associate in arts or
138associate in science degree programs as a result of the
139authorization to offer baccalaureate degree programs.
140     (9)  Community colleges are authorized to offer such
141programs and courses as are necessary to fulfill their mission
142and are authorized to grant associate in arts degrees, associate
143in science degrees, associate in applied science degrees,
144certificates, awards, and diplomas. Each community college is
145also authorized to make provisions for the General Educational
146Development test. Each community college may provide access to
147and award baccalaureate degrees in accordance with law.
148     Section 3.  Subsection (7) of section 1004.73, Florida
149Statutes, is amended to read:
150     1004.73  St. Petersburg College.--
151     (7)  FACILITIES.--St. Petersburg College may request
152funding from the Public Education Capital Outlay and Debt
153Service Trust Fund as a community college and as a university.
154The municipalities in Pinellas County, the Board of County
155Commissioners of Pinellas County, and all other governmental
156entities are authorized to cooperate with the Board of Trustees
157of St. Petersburg College in establishing this institution. The
158acquisition and donation of lands, buildings, and equipment for
159the use of St. Petersburg College are authorized as a public
160purpose. The Board of County Commissioners of Pinellas County
161and all municipalities in Pinellas County may exercise the power
162of eminent domain to acquire lands, buildings, and equipment for
163the use of St. Petersburg College, regardless of whether such
164lands, buildings, and equipment are located in a community
165redevelopment area.
166     Section 4.  Subsection (3) of section 1007.33, Florida
167Statutes, is amended, subsection (4) is renumbered as subsection
168(6), and new subsections (4) and (5) are added to that section,
169to read:
170     1007.33  Site-determined baccalaureate degree access.--
171     (3)  A community college may develop a proposal to deliver
172specified baccalaureate degree programs in its district to meet
173local workforce needs. The proposal must be submitted to the
174State Board of Education for approval. The community college's
175proposal must include the following information:
176     (a)  Demand for the baccalaureate degree program is
177identified by the workforce development board, local businesses
178and industry, local chambers of commerce, and potential
179students.
180     (b)  Unmet need for graduates of the proposed degree
181program is substantiated.
182     (c)  The community college has the facilities and academic
183resources to deliver the program.
184
185The proposal must be submitted to the Council for Education
186Policy Research and Improvement for review and comment. Upon
187approval of the State Board of Education for the specific degree
188program or programs, the community college shall pursue regional
189accreditation by the Commission on Colleges of the Southern
190Association of Colleges and Schools. Any additional
191baccalaureate degree programs the community college wishes to
192offer must be approved by the State Board of Education.
193     (4)  A formal agreement for the delivery of specified
194baccalaureate degree programs by a regionally accredited public
195or private college or university at a community college site
196must include:
197     (a)  A guarantee that students will be able to complete the
198degree in the community college district.
199     (b)  A financial commitment to the development,
200implementation, and maintenance of the specified degree program
201on behalf of the college or university which includes timelines.
202     (c)  A plan for collaboration in the development and
203offering of the curriculum for the specified degree by faculty
204at both the community college and the college or university. The
205curriculum for the specified degree must be developed and
206approved within 6 months after the agreement between the
207community college and the college or university is signed.
208     (5)  A community college proposal to deliver a specified
209baccalaureate degree program must document that the community
210college has notified in writing the accredited public and
211private colleges and universities in the community college's
212district of its intent to seek approval for delivery of the
213proposed program. The notified colleges and universities have 90
214days to submit in writing to the community college an
215alternative plan for providing the specified degree program.
216     Section 5.  Subsections (1), (2), and (3) of section
2171009.23, Florida Statutes, are amended to read:
218     1009.23  Community college student fees.--
219     (1)  Unless otherwise provided, the provisions of this
220section applies apply only to fees charged for college credit
221instruction leading to an associate in arts degree, an associate
222in applied science degree, or an associate in science degree, or
223a baccalaureate degree authorized by the State Board of
224Education pursuant to s. 1007.33 and for noncollege credit
225college-preparatory courses defined in s. 1004.02.
226     (2)(a)  All students shall be charged fees except students
227who are exempt from fees or students whose fees are waived.
228     (b)  Tuition and out-of-state fees for upper-division
229courses must reflect the fact that the community college has a
230less expensive cost structure than that of a state university.
231Therefore, the board of trustees shall establish tuition and
232out-of-state fees for upper-division courses consistent with law
233and proviso language in the General Appropriations Act; however,
234the board of trustees may not vary tuition and out-of-state fees
235as provided in subsection (4). Identical fees shall be required
236for all community college resident students within a college who
237take a specific course, regardless of the program in which they
238are enrolled.
239     (3)  The State Board of Education shall adopt by December
24031 of each year a resident fee schedule for the following fall
241for advanced and professional programs, associate in science
242degree programs, baccalaureate degree programs authorized by the
243State Board of Education pursuant to s. 1007.33, and college-
244preparatory programs that produce revenues in the amount of 25
245percent of the full prior year's cost of these programs. Fees
246for courses in college-preparatory programs and associate in
247arts and associate in science degree programs may be established
248at the same level. In the absence of a provision to the contrary
249in an appropriations act, the fee schedule shall take effect and
250the colleges shall expend the funds on instruction. If the
251Legislature provides for an alternative fee schedule in an
252appropriations act, the fee schedule shall take effect the
253subsequent fall semester.
254     Section 6.  Section 1011.83, Florida Statutes, is amended
255to read:
256     1011.83  Financial support of community colleges.--
257     (1)  Each community college that has been approved by the
258Department of Education and meets the requirements of law and
259rules of the State Board of Education shall participate in the
260Community College Program Fund. However, funds to support
261workforce education programs conducted by community colleges
262shall be provided pursuant to s. 1011.80.
263     (2)  Funding for baccalaureate degree programs approved
264pursuant to s. 1007.33 shall be specified in the General
265Appropriations Act. A student in a baccalaureate degree program
266approved pursuant to s. 1007.33 who is not classified as a
267resident for tuition purposes pursuant to s. 1009.21 may not be
268included in calculations of full-time equivalent enrollments for
269state funding purposes.
270     (3)  Funds specifically appropriated by the Legislature for
271baccalaureate degree programs approved pursuant to s. 1007.33
272may be used only for such programs. A community college shall
273fund the nonrecurring costs related to the initiation of a new
274baccalaureate degree program under s. 1007.33 without new state
275appropriations unless special grant funds are appropriated in
276the General Appropriations Act. A new baccalaureate degree
277program may not accept students without a recurring legislative
278appropriation for this purpose.
279     (4)  State policy for funding baccalaureate degree programs
280approved pursuant to s. 1007.33 shall be to limit state support
281for recurring operating purposes to no more than 85 percent of
282the amount of state expenditures for direct instruction per
283credit hour in upper-level state university programs. A
284community college may temporarily exceed this limit due to
285normal enrollment fluctuations or unforeseeable circumstances or
286while phasing in new programs. This subsection does not
287authorize the Department of Education to withhold legislative
288appropriations to any community college.
289     (5)  A community college that grants baccalaureate degrees
290shall maintain reporting and funding distinctions between any
291baccalaureate degree program approved under s. 1007.33 and any
292other baccalaureate degree programs involving traditional
293concurrent-use partnerships.
294     Section 7.  Subsection (2) of section 1013.60, Florida
295Statutes, is amended to read:
296     1013.60  Legislative capital outlay budget request.--
297     (2)  The commissioner shall submit to the Governor and to
298the Legislature an integrated, comprehensive budget request for
299educational facilities construction and fixed capital outlay
300needs for school districts, community colleges, and
301universities, pursuant to the provisions of s. 1013.64 and
302applicable provisions of chapter 216. Each community college
303board of trustees and each university board of trustees shall
304submit to the commissioner a 3-year plan and data required in
305the development of the annual capital outlay budget. Community
306college boards of trustees may request funding for all
307authorized programs. Such a request for funding must be
308submitted as a part of the 3-year priority list for community
309colleges pursuant to s. 1013.64(4)(a). Enrollment in approved
310baccalaureate degree programs or baccalaureate degree programs
311offered under a formal agreement with a state university
312pursuant to s. 1007.33 may be computed into the survey of need
313for facilities if the partner is not defraying the cost. No
314further disbursements shall be made from the Public Education
315Capital Outlay and Debt Service Trust Fund to a board of
316trustees that fails to timely submit the required data until
317such board of trustees submits the data.
318     Section 8.  This act shall take effect July 1, 2007.


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