| 1 | A bill to be entitled |
| 2 | An act relating to the awarding of baccalaureate degrees |
| 3 | by community colleges; amending s. 1001.64, F.S.; |
| 4 | providing for community colleges that grant baccalaureate |
| 5 | degrees to remain under the authority of the State Board |
| 6 | of Education with respect to specified responsibilities; |
| 7 | providing that the board of trustees is the governing |
| 8 | board for purposes of granting baccalaureate degrees; |
| 9 | providing powers of the boards of trustees, including the |
| 10 | power to establish tuition and out-of-state fees; |
| 11 | providing restrictions; requiring policies relating to |
| 12 | minimum faculty teaching hours per week; amending s. |
| 13 | 1004.65, F.S.; requiring community colleges that offer |
| 14 | baccalaureate degrees to maintain their primary mission |
| 15 | and prohibiting the termination of associate degree |
| 16 | programs; amending s. 1004.73, F.S.; removing |
| 17 | authorization for St. Petersburg College to request |
| 18 | funding from the Public Education Capital Outlay and Debt |
| 19 | Service Trust Fund as a university; amending s. 1007.33, |
| 20 | F.S.; removing a requirement that proposals for a |
| 21 | baccalaureate degree program be submitted to the Council |
| 22 | for Education Policy Research and Improvement for review |
| 23 | and comment; providing requirements for the delivery of |
| 24 | specified baccalaureate degree programs by a regionally |
| 25 | accredited college or university at a community college |
| 26 | site; requiring notification to colleges and universities |
| 27 | of intent to offer the degree program; amending s. |
| 28 | 1009.23, F.S.; providing guidelines and restrictions for |
| 29 | setting tuition and out-of-state fees for upper-division |
| 30 | courses; requiring the State Board of Education to adopt a |
| 31 | resident fee schedule for baccalaureate degree programs |
| 32 | offered by community colleges; amending s. 1011.83, F.S.; |
| 33 | providing requirements for funding baccalaureate degree |
| 34 | programs, including funding nonrecurring and recurring |
| 35 | costs associated with such programs; providing that it is |
| 36 | state policy to limit state support for recurring |
| 37 | operating purposes to no more than a specified percentage |
| 38 | of funding for certain state university programs; |
| 39 | providing certain reporting and funding requirements; |
| 40 | amending s. 1013.60, F.S.; allowing boards of trustees to |
| 41 | request funding for all authorized programs; providing |
| 42 | that enrollment in baccalaureate degree programs may be |
| 43 | computed into the survey of need for facilities under |
| 44 | certain conditions; providing an effective date. |
| 45 |
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| 46 | Be It Enacted by the Legislature of the State of Florida: |
| 47 |
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| 48 | Section 1. Subsections (1), (2), and (8) of section |
| 49 | 1001.64, Florida Statutes, are amended to read: |
| 50 | 1001.64 Community college boards of trustees; powers and |
| 51 | duties.-- |
| 52 | (1) The boards of trustees shall be responsible for |
| 53 | cost-effective policy decisions appropriate to the community |
| 54 | college's mission, the implementation and maintenance of |
| 55 | high-quality education programs within law and rules of the |
| 56 | State Board of Education, the measurement of performance, the |
| 57 | reporting of information, and the provision of input regarding |
| 58 | state policy, budgeting, and education standards. Community |
| 59 | colleges may grant baccalaureate degrees pursuant to s. 1007.33 |
| 60 | and shall remain under the authority of the State Board of |
| 61 | Education with respect to planning, coordination, oversight, and |
| 62 | budgetary and accountability responsibilities. |
| 63 | (2) Each board of trustees is vested with the |
| 64 | responsibility to govern its respective community college and |
| 65 | with such necessary authority as is needed for the proper |
| 66 | operation and improvement thereof in accordance with rules of |
| 67 | the State Board of Education. This authority includes serving as |
| 68 | the governing board for purposes of granting baccalaureate |
| 69 | degrees as authorized in s. 1007.33 and approved by the State |
| 70 | Board of Education. |
| 71 | (8) Each board of trustees has authority for policies |
| 72 | related to students, enrollment of students, student records, |
| 73 | student activities, financial assistance, and other student |
| 74 | services. |
| 75 | (a) Each board of trustees shall govern admission of |
| 76 | students pursuant to s. 1007.263 and rules of the State Board of |
| 77 | Education. A board of trustees may establish additional |
| 78 | admissions criteria, which shall be included in the district |
| 79 | interinstitutional articulation agreement developed according to |
| 80 | s. 1007.235, to ensure student readiness for postsecondary |
| 81 | instruction. Each board of trustees may consider the past |
| 82 | actions of any person applying for admission or enrollment and |
| 83 | may deny admission or enrollment to an applicant because of |
| 84 | misconduct if determined to be in the best interest of the |
| 85 | community college. |
| 86 | (b) Each board of trustees shall adopt rules establishing |
| 87 | student performance standards for the award of degrees and |
| 88 | certificates pursuant to s. 1004.68. The board of trustees of a |
| 89 | community college which is authorized to grant a baccalaureate |
| 90 | degree under s. 1007.33 may continue to award degrees, diplomas, |
| 91 | and certificates as authorized for the college, and in the name |
| 92 | of the college, until the college receives any necessary changes |
| 93 | to its accreditation. |
| 94 | (c) Each board of trustees shall establish tuition and |
| 95 | out-of-state fees for approved baccalaureate degree programs, |
| 96 | consistent with law and proviso language in the General |
| 97 | Appropriations Act; however, a board of trustees may not vary |
| 98 | tuition and out-of-state fees as provided in s. 1009.23(4). |
| 99 | (d)(c) Boards of trustees are authorized to establish |
| 100 | intrainstitutional and interinstitutional programs to maximize |
| 101 | articulation pursuant to s. 1007.22. |
| 102 | (e)(d) Boards of trustees shall identify their core |
| 103 | curricula, which shall include courses required by the State |
| 104 | Board of Education, pursuant to the provisions of s. 1007.25(6). |
| 105 | (f)(e) Each board of trustees must adopt a written |
| 106 | antihazing policy, provide a program for the enforcement of such |
| 107 | rules, and adopt appropriate penalties for violations of such |
| 108 | rules pursuant to the provisions of s. 1006.63. |
| 109 | (g)(f) Each board of trustees may establish a uniform code |
| 110 | of conduct and appropriate penalties for violation of its rules |
| 111 | by students and student organizations, including rules governing |
| 112 | student academic honesty. Such penalties, unless otherwise |
| 113 | provided by law, may include fines, the withholding of diplomas |
| 114 | or transcripts pending compliance with rules or payment of |
| 115 | fines, and the imposition of probation, suspension, or |
| 116 | dismissal. |
| 117 | (h)(g) Each board of trustees pursuant to s. 1006.53 shall |
| 118 | adopt a policy in accordance with rules of the State Board of |
| 119 | Education that reasonably accommodates the religious observance, |
| 120 | practice, and belief of individual students in regard to |
| 121 | admissions, class attendance, and the scheduling of examinations |
| 122 | and work assignments. |
| 123 | (i) Each board of trustees shall adopt a policy providing |
| 124 | that faculty who teach upper-division courses that are a |
| 125 | component part of a baccalaureate degree program must meet the |
| 126 | requirements 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 |
| 130 | responsibilities.-- |
| 131 | (7) A separate and secondary role for community colleges |
| 132 | includes: |
| 133 | (a) Providing upper level instruction and awarding |
| 134 | baccalaureate degrees as specifically authorized by law. A |
| 135 | community college that is approved to offer baccalaureate degree |
| 136 | programs shall maintain its primary mission pursuant to |
| 137 | subsection (6) and may not terminate associate in arts or |
| 138 | associate in science degree programs as a result of the |
| 139 | authorization to offer baccalaureate degree programs. |
| 140 | (9) Community colleges are authorized to offer such |
| 141 | programs and courses as are necessary to fulfill their mission |
| 142 | and are authorized to grant associate in arts degrees, associate |
| 143 | in science degrees, associate in applied science degrees, |
| 144 | certificates, awards, and diplomas. Each community college is |
| 145 | also authorized to make provisions for the General Educational |
| 146 | Development test. Each community college may provide access to |
| 147 | and award baccalaureate degrees in accordance with law. |
| 148 | Section 3. Subsection (7) of section 1004.73, Florida |
| 149 | Statutes, is amended to read: |
| 150 | 1004.73 St. Petersburg College.-- |
| 151 | (7) FACILITIES.--St. Petersburg College may request |
| 152 | funding from the Public Education Capital Outlay and Debt |
| 153 | Service Trust Fund as a community college and as a university. |
| 154 | The municipalities in Pinellas County, the Board of County |
| 155 | Commissioners of Pinellas County, and all other governmental |
| 156 | entities are authorized to cooperate with the Board of Trustees |
| 157 | of St. Petersburg College in establishing this institution. The |
| 158 | acquisition and donation of lands, buildings, and equipment for |
| 159 | the use of St. Petersburg College are authorized as a public |
| 160 | purpose. The Board of County Commissioners of Pinellas County |
| 161 | and all municipalities in Pinellas County may exercise the power |
| 162 | of eminent domain to acquire lands, buildings, and equipment for |
| 163 | the use of St. Petersburg College, regardless of whether such |
| 164 | lands, buildings, and equipment are located in a community |
| 165 | redevelopment area. |
| 166 | Section 4. Subsection (3) of section 1007.33, Florida |
| 167 | Statutes, is amended, subsection (4) is renumbered as subsection |
| 168 | (6), and new subsections (4) and (5) are added to that section, |
| 169 | to read: |
| 170 | 1007.33 Site-determined baccalaureate degree access.-- |
| 171 | (3) A community college may develop a proposal to deliver |
| 172 | specified baccalaureate degree programs in its district to meet |
| 173 | local workforce needs. The proposal must be submitted to the |
| 174 | State Board of Education for approval. The community college's |
| 175 | proposal must include the following information: |
| 176 | (a) Demand for the baccalaureate degree program is |
| 177 | identified by the workforce development board, local businesses |
| 178 | and industry, local chambers of commerce, and potential |
| 179 | students. |
| 180 | (b) Unmet need for graduates of the proposed degree |
| 181 | program is substantiated. |
| 182 | (c) The community college has the facilities and academic |
| 183 | resources to deliver the program. |
| 184 |
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| 185 | The proposal must be submitted to the Council for Education |
| 186 | Policy Research and Improvement for review and comment. Upon |
| 187 | approval of the State Board of Education for the specific degree |
| 188 | program or programs, the community college shall pursue regional |
| 189 | accreditation by the Commission on Colleges of the Southern |
| 190 | Association of Colleges and Schools. Any additional |
| 191 | baccalaureate degree programs the community college wishes to |
| 192 | offer must be approved by the State Board of Education. |
| 193 | (4) A formal agreement for the delivery of specified |
| 194 | baccalaureate degree programs by a regionally accredited public |
| 195 | or private college or university at a community college site |
| 196 | must include: |
| 197 | (a) A guarantee that students will be able to complete the |
| 198 | degree in the community college district. |
| 199 | (b) A financial commitment to the development, |
| 200 | implementation, and maintenance of the specified degree program |
| 201 | on behalf of the college or university which includes timelines. |
| 202 | (c) A plan for collaboration in the development and |
| 203 | offering of the curriculum for the specified degree by faculty |
| 204 | at both the community college and the college or university. The |
| 205 | curriculum for the specified degree must be developed and |
| 206 | approved within 6 months after the agreement between the |
| 207 | community college and the college or university is signed. |
| 208 | (5) A community college proposal to deliver a specified |
| 209 | baccalaureate degree program must document that the community |
| 210 | college has notified in writing the accredited public and |
| 211 | private colleges and universities in the community college's |
| 212 | district of its intent to seek approval for delivery of the |
| 213 | proposed program. The notified colleges and universities have 90 |
| 214 | days to submit in writing to the community college an |
| 215 | alternative plan for providing the specified degree program. |
| 216 | Section 5. Subsections (1), (2), and (3) of section |
| 217 | 1009.23, Florida Statutes, are amended to read: |
| 218 | 1009.23 Community college student fees.-- |
| 219 | (1) Unless otherwise provided, the provisions of this |
| 220 | section applies apply only to fees charged for college credit |
| 221 | instruction leading to an associate in arts degree, an associate |
| 222 | in applied science degree, or an associate in science degree, or |
| 223 | a baccalaureate degree authorized by the State Board of |
| 224 | Education pursuant to s. 1007.33 and for noncollege credit |
| 225 | college-preparatory courses defined in s. 1004.02. |
| 226 | (2)(a) All students shall be charged fees except students |
| 227 | who are exempt from fees or students whose fees are waived. |
| 228 | (b) Tuition and out-of-state fees for upper-division |
| 229 | courses must reflect the fact that the community college has a |
| 230 | less expensive cost structure than that of a state university. |
| 231 | Therefore, the board of trustees shall establish tuition and |
| 232 | out-of-state fees for upper-division courses consistent with law |
| 233 | and proviso language in the General Appropriations Act; however, |
| 234 | the board of trustees may not vary tuition and out-of-state fees |
| 235 | as provided in subsection (4). Identical fees shall be required |
| 236 | for all community college resident students within a college who |
| 237 | take a specific course, regardless of the program in which they |
| 238 | are enrolled. |
| 239 | (3) The State Board of Education shall adopt by December |
| 240 | 31 of each year a resident fee schedule for the following fall |
| 241 | for advanced and professional programs, associate in science |
| 242 | degree programs, baccalaureate degree programs authorized by the |
| 243 | State Board of Education pursuant to s. 1007.33, and college- |
| 244 | preparatory programs that produce revenues in the amount of 25 |
| 245 | percent of the full prior year's cost of these programs. Fees |
| 246 | for courses in college-preparatory programs and associate in |
| 247 | arts and associate in science degree programs may be established |
| 248 | at the same level. In the absence of a provision to the contrary |
| 249 | in an appropriations act, the fee schedule shall take effect and |
| 250 | the colleges shall expend the funds on instruction. If the |
| 251 | Legislature provides for an alternative fee schedule in an |
| 252 | appropriations act, the fee schedule shall take effect the |
| 253 | subsequent fall semester. |
| 254 | Section 6. Section 1011.83, Florida Statutes, is amended |
| 255 | to read: |
| 256 | 1011.83 Financial support of community colleges.-- |
| 257 | (1) Each community college that has been approved by the |
| 258 | Department of Education and meets the requirements of law and |
| 259 | rules of the State Board of Education shall participate in the |
| 260 | Community College Program Fund. However, funds to support |
| 261 | workforce education programs conducted by community colleges |
| 262 | shall be provided pursuant to s. 1011.80. |
| 263 | (2) Funding for baccalaureate degree programs approved |
| 264 | pursuant to s. 1007.33 shall be specified in the General |
| 265 | Appropriations Act. A student in a baccalaureate degree program |
| 266 | approved pursuant to s. 1007.33 who is not classified as a |
| 267 | resident for tuition purposes pursuant to s. 1009.21 may not be |
| 268 | included in calculations of full-time equivalent enrollments for |
| 269 | state funding purposes. |
| 270 | (3) Funds specifically appropriated by the Legislature for |
| 271 | baccalaureate degree programs approved pursuant to s. 1007.33 |
| 272 | may be used only for such programs. A community college shall |
| 273 | fund the nonrecurring costs related to the initiation of a new |
| 274 | baccalaureate degree program under s. 1007.33 without new state |
| 275 | appropriations unless special grant funds are appropriated in |
| 276 | the General Appropriations Act. A new baccalaureate degree |
| 277 | program may not accept students without a recurring legislative |
| 278 | appropriation for this purpose. |
| 279 | (4) State policy for funding baccalaureate degree programs |
| 280 | approved pursuant to s. 1007.33 shall be to limit state support |
| 281 | for recurring operating purposes to no more than 85 percent of |
| 282 | the amount of state expenditures for direct instruction per |
| 283 | credit hour in upper-level state university programs. A |
| 284 | community college may temporarily exceed this limit due to |
| 285 | normal enrollment fluctuations or unforeseeable circumstances or |
| 286 | while phasing in new programs. This subsection does not |
| 287 | authorize the Department of Education to withhold legislative |
| 288 | appropriations to any community college. |
| 289 | (5) A community college that grants baccalaureate degrees |
| 290 | shall maintain reporting and funding distinctions between any |
| 291 | baccalaureate degree program approved under s. 1007.33 and any |
| 292 | other baccalaureate degree programs involving traditional |
| 293 | concurrent-use partnerships. |
| 294 | Section 7. Subsection (2) of section 1013.60, Florida |
| 295 | Statutes, is amended to read: |
| 296 | 1013.60 Legislative capital outlay budget request.-- |
| 297 | (2) The commissioner shall submit to the Governor and to |
| 298 | the Legislature an integrated, comprehensive budget request for |
| 299 | educational facilities construction and fixed capital outlay |
| 300 | needs for school districts, community colleges, and |
| 301 | universities, pursuant to the provisions of s. 1013.64 and |
| 302 | applicable provisions of chapter 216. Each community college |
| 303 | board of trustees and each university board of trustees shall |
| 304 | submit to the commissioner a 3-year plan and data required in |
| 305 | the development of the annual capital outlay budget. Community |
| 306 | college boards of trustees may request funding for all |
| 307 | authorized programs. Such a request for funding must be |
| 308 | submitted as a part of the 3-year priority list for community |
| 309 | colleges pursuant to s. 1013.64(4)(a). Enrollment in approved |
| 310 | baccalaureate degree programs or baccalaureate degree programs |
| 311 | offered under a formal agreement with a state university |
| 312 | pursuant to s. 1007.33 may be computed into the survey of need |
| 313 | for facilities if the partner is not defraying the cost. No |
| 314 | further disbursements shall be made from the Public Education |
| 315 | Capital Outlay and Debt Service Trust Fund to a board of |
| 316 | trustees that fails to timely submit the required data until |
| 317 | such board of trustees submits the data. |
| 318 | Section 8. This act shall take effect July 1, 2007. |