Proposed Committee Substitute by the Committee on Higher Education

Appropriations

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A bill to be entitled

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An act relating to postsecondary distance learning;

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creating s. 1004.09, F.S.; establishing the Florida

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Distance Learning Consortium; requiring the consortium to

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contract with the Department of Education or a public

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postsecondary education institution for certain

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administrative services; providing that a board govern the

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consortium; providing membership and terms for such board;

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providing for the reimbursement of per diem and travel

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expenses; requiring the board to establish procedures

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governing its operations and responsibilities; providing

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for meetings to be held a certain number of times each

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year; providing that a majority of the board members

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constitutes a quorum; providing for the appointment of an

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executive director; providing duties and responsibilities;

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requiring the consortium to submit a report to the

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Governor, the Legislature, the State Board of Education,

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and the Board of Governors; requiring that certain

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information be included in such report; providing for the

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future expiration of certain provisions; creating s.

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1004.091, F.S.; establishing the Florida Higher Education

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Distance Learning Catalog; providing the responsibilities

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for such catalog; requiring the catalog to establish its

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operational guidelines and procedures; requiring that the

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catalog include a web-based analytic tool; amending ss.

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1009.23 and 1009.24, F.S.; revising provisions relating to

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community college student fees and state university

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student fees; authorizing the State Board of Education to

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adopt rules; authorizing a community college and a state

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university to assess a per credit hour distance learning

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course fee; providing that the fee not exceed a certain

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percent of the tuition if the student is classified as a

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resident for tuition purposes; requiring that the

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community college or state university reduce the fee if

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such fee exceeded a certain percent during a specified

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fiscal year; requiring the community college or state

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university to assess the fee only for courses listed in

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the catalog; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 1004.09, Florida Statutes, is created to

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read:

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     1004.09 Florida Distance Learning Consortium.--

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     (1)(a) The Florida Distance Learning Consortium is

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established to advocate and facilitate access to distance

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learning resources that enable public postsecondary education

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institutions to fulfill their missions while contributing to and

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sharing in the distance learning resources of the consortium.

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     (b) The consortium is created adjunct to the Department of

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Education but is not subject to control, supervision, or

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direction by the department. The consortium shall contract with

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the department or a public postsecondary education institution

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for the provision of administrative services to include, but not

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be limited to, payroll, procurement, and legal counsel.

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     (c) All duties, functions, records, personnel, and

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property; unexpended balances of appropriations, allocations, and

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other funds; pending issues; and existing contracts of the

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Florida Community College Distance Learning Consortium and the

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Florida Virtual Campus are transferred by a type two transfer

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pursuant to s. 20.06(2) to the consortium.

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     (2)(a) The consortium shall be governed by a board

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comprised of nine members who shall be appointed by the Governor

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subject to confirmation by the Senate, and who shall be appointed

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4-year staggered terms. The membership of the board shall consist

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of:

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     1. Four members from the state university system, with one

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member being a state university president, one member having

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experience in academic affairs or student affairs, one member

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having experience in finance or business services, and one member

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being from the Chancellor's Office of the Board of Governors and

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having experience in distance learning policy.

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     2. Four members from the community college system, with one

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member being a community college president, one member having

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experience in academic affairs or student affairs, one member

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having experience in finance or business services, and one member

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being from the Chancellor's Office of the Division of Community

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Colleges and having experience in distance learning policy.

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     3. One member who is a private citizen having experience in

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distance learning education.

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     (b) The board shall appoint a chair and vice chair from

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among its members to 1-year terms.

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     (c) Members of the board shall serve without compensation,

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but are entitled to be reimbursed for per diem and travel

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expenses pursuant to s. 112.061.

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     (d)1. The board shall establish procedures governing its

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operations and the completion of its responsibilities which shall

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comply with the requirements of s. 20.052, unless otherwise

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authorized by law, and which shall include the establishment of

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standing committees or work groups comprised of faculty,

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professional staff, and distance learning students from the

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postsecondary educational system.

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     2. The board shall meet at least two times each year, upon

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the call of the chair or at the request of a majority of the

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members. Meetings of the board may be held via teleconference or

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other electronic means.

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     3. A majority of the board members constitutes a quorum and

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the affirmative vote of a majority of a quorum is necessary to

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take action.

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     4. The board shall appoint an executive director who shall

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serve at the pleasure of the board.

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     (3) The consortium shall have the following duties and

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responsibilities:

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     (a) Develop, operate, and promote the Florida Higher

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Education Distance Learning Catalog to help increase student

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access to distance learning courses and degree programs and in

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particular, students seeking accelerated access in order to

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complete their degrees.

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     (b) Serve as a central content repository for instructional

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resources that can be used by faculty in their development,

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evaluation, and enhancement of distance learning courses and

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degree programs.

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     (c) Assess, in collaboration with public postsecondary

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education institutions, the potential use of distance learning as

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a means to address critical educational needs of the state.

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     (d) Coordinate the evaluation and promotion of new and

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proven instructional methods, emerging technologies, and quality

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distance learning courses and degree programs.

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     (e) Coordinate and support educational programs and other

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training opportunities for faculty and professional staff in

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developing, evaluating, and enhancing distance learning courses

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and degree programs.

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     (f) Coordinate on behalf of participating public

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postsecondary education institutions the negotiation of statewide

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licensing and pricing agreements for distance learning resources

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and enter into agreements with distance learning resource

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providers when such negotiations and agreements result in cost

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savings for the participating institutions.

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     (g) Assist in building partnerships among education,

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businesses, and communities.

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     (4) The consortium shall annually submit to the Governor,

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the President of the Senate, the Speaker of the House of

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Representatives, the State Board of Education, and the Board of

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Governors a detailed report that includes, but is not limited to:

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     (a) An operational plan that summarizes the activities and

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accomplishments of the consortium, identifies opportunities for

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partnerships, and recommends methods that will improve student

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access to and completion of distance learning courses and degree

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programs.

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     (b) Recommended policies that address ways to increase the

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access and cost effectiveness in the development and delivery of

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distance learning courses and degree programs.

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     (c) Recommendations regarding an accountability mechanism

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to assess the effectiveness of the services provided by the

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consortium.

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     (d) A detailed summary and analysis of the data collected

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by the Florida Higher Education Distance Learning Catalog.

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     (5) The consortium, in collaboration with public

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postsecondary education institutions, shall:

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     (a) Recommend revenue-sharing models for distance learning

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fee revenues generated when a student enrolls in a distance

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learning course that is offered by a public postsecondary

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education institution which is not the student's degree-granting

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or home institution.

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     (b) Recommend a plan for developing and implementing an on-

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line system that streamlines and automates the registration

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process for students who have been admitted to a public

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postsecondary education institution and who want to enroll in a

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course or courses listed in the Florida Higher Education Distance

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Learning Catalog. The consortium shall work in partnership with

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the institutions to identify and address the applicable

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administrative, program, and technical issues and protocols

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necessary to ensure the implementation of such a system as an

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alternative to the standard registration process of each

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institution. At a minimum, the system should:

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     1. Allow a qualified student to automatically register for

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any course listed in the catalog to include courses offered by an

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institution that is not the student's degree-granting or home

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institution.

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     2. Allow for the automatic transfer of the distance

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learning course credit awarded by the institution offering the

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distance learning course to the student's degree-granting or home

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institution upon the student's successful completion of the

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distance learning course or courses.

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     3. Be accessible from the catalog.

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     4. Comply with all applicable technology security standards

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and guidelines established by the Agency for Enterprise

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Information Technology to ensure the secure transmission of

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student information.

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     (c) The consortium shall submit its recommended models and

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plan as required in paragraphs (a) and (b) to the Governor, the

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President of the Senate, the Speaker of the House of

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Representatives, the State Board of Education, and the Board of

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Governors no later than March 1, 2009.

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     (d) This subsection expires July 1, 2009.

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     Section 2.  Section 1004.091, Florida Statutes, is created

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to read:

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     1004.091 Florida Higher Education Distance Learning

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Catalog.--

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     (1) The Florida Higher Education Distance Learning Catalog

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is established as an interactive, web-based single point of

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access to distance learning courses, degree programs, and

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resources offered by public postsecondary education institutions

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and is intended to assist in the coordination and collaboration

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of articulation and access pursuant to part II of chapter 1007.

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     (2) The Florida Distance Learning Consortium shall be

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responsible for the catalog and shall establish its operational

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guidelines and procedures, which shall include, but is not

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limited to:

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     (a) Requiring participating institutions to be responsible

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for providing clear, complete, and timely information on the

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distance learning course and degree program requirements, type of

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technology and technical equipment requirements, any prerequisite

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courses or technology competencies and skills, availability of

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academic support services, identification of financial aid

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resources, and all cost, fee, and payment information and

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policies.

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     (b) Requiring that all distance learning courses and degree

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programs meet all applicable and appropriate accreditation

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standards and criteria.

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     (c) Requiring that, at a minimum, the catalog is reviewed

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at the start of each academic semester to ensure all distance

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learning courses and degree programs comply with the operational

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guidelines and procedures established by the board.

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     (3) The catalog shall include a web-based analytic tool

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that allows for the collection and analysis of data to include:

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     (a) Number and type of students who use the catalog to

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search for distance learning courses and degree programs.

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     (b) Number and type of requests for information on distance

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learning courses and degree programs not listed in the catalog.

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     (c) Comparison of distance learning course and degree

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program cost data.

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     (d) Summary of specific requests by course type or course

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number, delivery method, offering institution, and semester.

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     (e) Other types of data as determined by the consortium.

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     Section 3.  Subsections (12) and (16) of section 1009.23,

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Florida Statutes, are amended to read:

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     1009.23  Community college student fees.--

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     (12)(a) In addition to tuition, out-of-state, financial

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aid, capital improvement, student activity and service, and

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technology fees authorized in this section, each community

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college board of trustees is authorized to establish fee

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schedules for the following user fees and fines: laboratory fees,

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which shall not apply to a distance learning course; parking fees

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and fines; library fees and fines; fees and fines relating to

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facilities and equipment use or damage; access or identification

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card fees; duplicating, photocopying, binding, or microfilming

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fees; standardized testing fees; diploma replacement fees;

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transcript fees; application fees; graduation fees; and late fees

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related to registration and payment. Such user fees and fines

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shall not exceed the cost of the services provided and shall only

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be charged to persons receiving the service. A community college

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may not charge any fee except as authorized by law or rules of

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the State Board of Education. Parking fee revenues may be pledged

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by a community college board of trustees as a dedicated revenue

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source for the repayment of debt, including lease-purchase

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agreements and revenue bonds with terms not exceeding 20 years

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and not exceeding the useful life of the asset being financed.

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Community colleges shall use the services of the Division of Bond

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Finance of the State Board of Administration to issue any revenue

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bonds authorized by the provisions of this subsection. Any such

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bonds issued by the Division of Bond Finance shall be in

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compliance with the provisions of the State Bond Act. Bonds

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issued pursuant to the State Bond Act shall be validated in the

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manner established in chapter 75. The complaint for such

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validation shall be filed in the circuit court of the county

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where the seat of state government is situated, the notice

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required to be published by s. 75.06 shall be published only in

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the county where the complaint is filed, and the complaint and

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order of the circuit court shall be served only on the state

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attorney of the circuit in which the action is pending.

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     (b) The State Board of Education may adopt rules pursuant

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to s. 120.536(1) and s. 120.54 to administer this subsection.

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     (16)(a) Each community college may assess a student who

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enrolls in a course listed in the Florida Higher Education

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Distance Learning Catalog established pursuant to s. 1004.091 a

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per credit hour distance learning course fee.

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     (b) For students who are classified as residents for

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tuition purposes pursuant to s. 1009.21, the distance learning

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course fee shall not exceed 10 percent of the tuition the student

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is assessed in order to enroll in the course. If for the 2007-

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2008 academic year a community college assessed resident students

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a fee for a distance learning course which exceeded the amount

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authorized in this paragraph, the community college shall

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calculate the difference between the two fee amounts and annually

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reduce the difference by 33 percent until the community college

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is in compliance with the provisions of this paragraph.

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     (c) The community college may assess the distance learning

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course fee only for courses that are listed in the catalog.

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     (d) The State Board of Education shall adopt a rule

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specifying the definitions and procedures to be used in the

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calculation of the percentage of cost paid by students. The rule

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must provide for the calculation of the full cost of educational

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programs based on the allocation of all funds provided through

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the general current fund to programs of instruction, and other

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activities as provided in the annual expenditure analysis. The

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rule shall be developed in consultation with the Legislature.

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     Section 4.  Paragraph (k) of subsection (13) of section

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1009.24, Florida Statutes, is amended, present subsection (17) of

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that subsection is redesignated as subsection (18), and a new

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subsection (17) is added to that section, to read:

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     1009.24  State university student fees.--

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     (13)  Each university board of trustees is authorized to

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establish the following fees:

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     (k)  A fee for off-campus course offerings when the location

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results in specific, identifiable increased costs to the

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university, except such a fee shall not apply to a distance

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learning course.

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     (17)(a) A state university may assess a student who enrolls

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in a course listed in the Florida Higher Education Distance

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Learning Catalog established pursuant to s. 1004.091 a per credit

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hour distance learning course fee.

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     (b) For undergraduate students who are classified as

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residents for tuition purposes pursuant to s. 1009.21, the

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distance learning course fee may not exceed 10 percent of the

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tuition the student is assessed to enroll in the course. If for

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the 2007-2008 academic year a state university assessed resident

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undergraduates a distance learning course fee that exceeded the

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amount authorized in this paragraph, the state university shall

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calculate the difference between the two fee amounts and annually

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reduce the difference by 33 percent until the state university is

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in compliance with the provisions of this paragraph.

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     (c) The state university may assess the distance learning

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course fee only for courses that are listed in the catalog.

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     Section 5.  This act shall take effect July 1, 2008.