Florida Senate - 2009                             CS for SB 2682
       
       
       
       By the Committee on Higher Education; and Senator Pruitt
       
       
       
       
       589-04444-09                                          20092682c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida College System;
    3         amending s. 20.15, F.S.; renaming the Division of
    4         Community Colleges as the Division of Florida
    5         Colleges; amending s. 1000.21, F.S.; defining the
    6         terms “Florida college” and “community college”;
    7         specifying the counties served by each Florida
    8         college; renaming specified Florida colleges; amending
    9         s. 1001.60, F.S.; providing that the Florida College
   10         System consists of specified Florida colleges;
   11         authorizing a Florida college to change the
   12         institution’s name to include “college” or “state
   13         college” under specified circumstances; requiring the
   14         district board of trustees to seek statutory
   15         codification of name changes; conforming provisions to
   16         changes made by the act; amending s. 1004.65, F.S.;
   17         providing that each Florida college shall be governed
   18         by a district board of trustees; defining a Florida
   19         college district; providing that the open-door
   20         admission policy of Florida colleges applies to lower
   21         division programs; providing that the primary mission
   22         of Florida colleges includes the provision of upper
   23         level instruction and baccalaureate degrees as
   24         authorized by law; conforming provisions to changes
   25         made by the act; repealing s. 1004.73, F.S., relating
   26         to St. Petersburg College; repealing s. 1004.875,
   27         F.S., relating to the State College Pilot Project;
   28         amending s. 1007.23, F.S.; providing that associate in
   29         arts graduates of Florida colleges must be granted
   30         admission to the upper division of a Florida college
   31         and shall receive priority for such admission over
   32         out-of-state students; requiring specified
   33         publications of Florida colleges and state
   34         universities to include certain information;
   35         conforming provisions to changes made by the act;
   36         amending s. 1007.33, F.S.; providing a definition for
   37         the term “district”; authorizing Florida colleges,
   38         which were not authorized to offer baccalaureate
   39         degree programs before July 1, 2009, to submit an
   40         initial proposal for approval to transition to state
   41         college status and offer such programs to the State
   42         Board of Education; providing requirements for such
   43         approval; authorizing Florida colleges, which were
   44         authorized to offer baccalaureate degrees before July
   45         1, 2009, to develop additional degree programs and
   46         submit proposals for such programs to their local
   47         Board of Trustees; providing requirements for such
   48         proposals; providing for appeal to the State Board of
   49         Education; requiring that a Florida college notify the
   50         Chancellor of the Florida College System in advance of
   51         its intent to develop or propose additional programs;
   52         requiring that the college engage in need, demand, and
   53         impact discussions with other local and regional
   54         accredited postsecondary providers; specifying
   55         requirements for Florida colleges offering
   56         baccalaureate degree programs; requiring that the
   57         State Board of Education adopt specified rules;
   58         conforming provisions to changes made by the act;
   59         amending ss. 120.65, 288.8175, 1001.61, 1004.70,
   60         1004.87, and 1009.23, F.S.; conforming provisions to
   61         changes made by the act; providing an effective date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Paragraph (a) of subsection (3) of section
   66  20.15, Florida Statutes, is amended to read:
   67         20.15 Department of Education.—There is created a
   68  Department of Education.
   69         (3) DIVISIONS.—The following divisions of the Department of
   70  Education are established:
   71         (a) Division of Florida Community Colleges.
   72         Section 2. Subsection (3) of section 1000.21, Florida
   73  Statutes, is amended to read:
   74         1000.21 Systemwide definitions.—As used in the Florida K-20
   75  Education Code:
   76         (3) “Florida college” or “community college,” except as
   77  otherwise specifically provided, includes all of the following
   78  public postsecondary educational institutions in the Florida
   79  College System and any branch campuses, centers, or other
   80  affiliates of the institution:
   81         (a) Brevard Community College, which serves Brevard County.
   82         (b) Broward College, which serves Broward County.
   83         (c) Central Florida Community College, which serves Citrus,
   84  Levy, and Marion Counties.
   85         (d) Chipola College, which serves Calhoun, Holmes, Jackson,
   86  Liberty, and Washington Counties.
   87         (e) Daytona State Beach College, which serves Flagler and
   88  Volusia Counties.
   89         (f) Edison State College, which serves Charlotte, Collier,
   90  Glades, Hendry, and Lee Counties.
   91         (g) Florida State Community College at Jacksonville, which
   92  serves Duval and Nassau Counties.
   93         (h) Florida Keys Community College, which serves Monroe
   94  County.
   95         (i) Gulf Coast Community College, which serves Bay,
   96  Franklin, and Gulf Counties.
   97         (j) Hillsborough Community College, which serves
   98  Hillsborough County.
   99         (k) Indian River State College, which serves Indian River,
  100  Martin, Okeechobee, and St. Lucie Counties.
  101         (l) Lake City Community College, which serves Baker,
  102  Columbia, Dixie, Gilchrist, and Union Counties.
  103         (m) Lake-Sumter Community College, which serves Lake and
  104  Sumter Counties.
  105         (n) Manatee Community College, which serves Manatee and
  106  Sarasota Counties.
  107         (o) Miami Dade College, which serves Miami-Dade County.
  108         (p) North Florida Community College, which serves Hamilton,
  109  Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
  110         (q) Northwest Florida State Okaloosa-Walton College, which
  111  serves Okaloosa and Walton Counties.
  112         (r) Palm Beach Community College, which serves Palm Beach
  113  County.
  114         (s) Pasco-Hernando Community College, which serves Hernando
  115  and Pasco Counties.
  116         (t) Pensacola Junior College, which serves Escambia and
  117  Santa Rosa Counties.
  118         (u) Polk College, which serves Polk County.
  119         (v) St. Johns River Community College, which serves Clay,
  120  Putnam, and St. Johns Counties.
  121         (w) St. Petersburg College, which serves Pinellas County.
  122         (x) Santa Fe College, which serves Alachua and Bradford
  123  Counties.
  124         (y) Seminole Community College, which serves Seminole
  125  County.
  126         (z) South Florida Community College, which serves DeSoto,
  127  Hardee, and Highlands Counties.
  128         (aa) Tallahassee Community College, which serves Gadsden,
  129  Leon, and Wakulla Counties.
  130         (bb) Valencia Community College, which serves Orange and
  131  Osceola Counties.
  132         Section 3. Subsection (2) of section 1001.60, Florida
  133  Statutes, is amended to read:
  134         1001.60 Florida College System.—
  135         (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
  136  College System comprised of the Florida colleges public
  137  postsecondary educational institutions identified in s.
  138  1000.21(3) that grant 2-year and 4-year academic degrees as
  139  provided by law. A An institution within the Florida college
  140  System may not offer graduate degree programs.
  141         (a) The programs and services offered by institutions in
  142  the Florida colleges College System in providing associate and
  143  baccalaureate degrees shall be delivered in a cost-effective
  144  manner that demonstrates substantial savings to the student and
  145  to the state over the cost of providing the degree at a state
  146  university.
  147         (b)1. With the approval of its district the institution’s
  148  local board of trustees, a an institution in the Florida college
  149  System may change the institution’s name set forth in s.
  150  1000.21(3) and use the designation “college” or “state college”
  151  if it has been authorized to grant baccalaureate degrees
  152  pursuant to s. 1004.73 or s. 1007.33 and has been accredited as
  153  a baccalaureate-degree-granting institution by the Commission on
  154  Colleges of the Southern Association of Colleges and Schools or
  155  if it has received approval from the State Board of Education
  156  pursuant to this paragraph.
  157         2. With the approval of its district an institution’s local
  158  board of trustees, a any institution in the Florida college that
  159  does not meet the criteria in subparagraph 1. System may request
  160  approval from the State Board of Education to change the
  161  institution’s name set forth in s. 1000.21(3) and use the
  162  designation “college.” The State Board of Education may approve
  163  the request if the Florida college institution enters into an
  164  agreement with the State Board of Education to do the following:
  165         a. Maintain as its the institution’s primary mission
  166  responsibility for responding to community needs for
  167  postsecondary academic education and career degree education as
  168  prescribed in s. 1004.65(5)(6).
  169         b. Maintain an open-door admissions policy for associate
  170  level degree programs and workforce education programs.
  171         c. Continue to provide outreach to underserved populations.
  172         d. Continue to provide remedial education.
  173         e. Comply with all provisions of the statewide articulation
  174  agreement that relate to 2-year and 4-year public degree
  175  granting institutions as adopted by the State Board of Education
  176  pursuant to s. 1007.23.
  177         (c)A district board of trustees that approves a change to
  178  the name of an institution under paragraph (b) must seek
  179  statutory codification of such name change in s. 1000.21(3)
  180  during the next regular legislative session.
  181         (d)3.A An institution in the Florida college may System
  182  shall not use the designation “university.”
  183         Section 4. Section 1004.65, Florida Statutes, is amended to
  184  read:
  185         1004.65 Florida Community colleges; governance definition,
  186  mission, and responsibilities.—
  187         (1) Each Florida college Community colleges shall be
  188  governed consist of all public educational institutions operated
  189  by a community college district board boards of trustees under
  190  statutory authority and rules of the State Board of Education.
  191         (2) Each Florida community college district shall:
  192         (a)Consist of the county or counties served by the Florida
  193  college pursuant to s. 1000.21(3).
  194         (b)Be authorized by law and the Department of Education is
  195  an independent, separate, legal entity created for the operation
  196  of a Florida community college.
  197         (3) A community college may provide adult education
  198  services, including adult basic education, adult general
  199  education, adult secondary education, and General Educational
  200  Development test instruction.
  201         (3)(4)Florida The community colleges are locally based and
  202  governed entities with statutory and funding ties to state
  203  government. As such, the community colleges’ mission for Florida
  204  colleges reflects a commitment to be responsive to local
  205  educational needs and challenges. In achieving this mission,
  206  Florida the community colleges strive to maintain sufficient
  207  local authority and flexibility while preserving appropriate
  208  legal accountability to the state.
  209         (4)(5) As comprehensive institutions, Florida the community
  210  colleges shall provide high-quality, affordable education and
  211  training opportunities, shall foster a climate of excellence,
  212  and shall provide opportunities to all while combining high
  213  standards with an open-door admission policy for lower-division
  214  programs. Florida The community colleges shall, as open-access
  215  institutions, serve all who can benefit, without regard to age,
  216  race, gender, creed, or ethnic or economic background, while
  217  emphasizing the achievement of social and educational equity so
  218  that all can be prepared for full participation in society.
  219         (5)(6) The primary mission and responsibility of Florida
  220  community colleges is responding to community needs for
  221  postsecondary academic education and career degree education.
  222  This mission and responsibility includes being responsible for:
  223         (a) Providing lower level undergraduate instruction and
  224  awarding associate degrees.
  225         (b) Preparing students directly for careers requiring less
  226  than baccalaureate degrees. This may include preparing for job
  227  entry, supplementing of skills and knowledge, and responding to
  228  needs in new areas of technology. Career education in a Florida
  229  the community college shall consist of career certificates,
  230  credit courses leading to associate in science degrees and
  231  associate in applied science degrees, and other programs in
  232  fields requiring substantial academic work, background, or
  233  qualifications. A Florida Community college may offer career
  234  education programs in fields having lesser academic or technical
  235  requirements.
  236         (c) Providing student development services, including
  237  assessment, student tracking, support for disabled students,
  238  advisement, counseling, financial aid, career development, and
  239  remedial and tutorial services, to ensure student success.
  240         (d) Promoting economic development for the state within
  241  each Florida community college district through the provision of
  242  special programs, including, but not limited to, the:
  243         1. Enterprise Florida-related programs.
  244         2. Technology transfer centers.
  245         3. Economic development centers.
  246         4. Workforce literacy programs.
  247         (e) Providing dual enrollment instruction.
  248         (7) A separate and secondary role for community colleges
  249  includes:
  250         (f)(a) Providing upper level instruction and awarding
  251  baccalaureate degrees as specifically authorized by law.
  252         (6)(b)A separate and secondary role for Florida colleges
  253  includes the offering of programs in:
  254         (a)1. Community services that are not directly related to
  255  academic or occupational advancement.
  256         (b)2. Adult general education services, including adult
  257  basic education, adult general education, adult secondary
  258  education, and General Educational Development test instruction.
  259         (c)3. Recreational and leisure services.
  260         (7)(8) Funding for Florida community colleges shall reflect
  261  their mission as follows:
  262         (a) Postsecondary academic and career education programs
  263  and adult general education programs shall have first priority
  264  in Florida community college funding.
  265         (b) Community service programs shall be presented to the
  266  Legislature with rationale for state funding. The Legislature
  267  may identify priority areas for use of these funds.
  268         (8)(9)Florida Community colleges are authorized to:
  269         (a) Offer such programs and courses as are necessary to
  270  fulfill their mission. and are authorized to
  271         (b) Grant associate in arts degrees, associate in science
  272  degrees, associate in applied science degrees, certificates,
  273  awards, and diplomas. Each community college is also authorized
  274  to
  275         (c) Make provisions for the General Educational Development
  276  test. Each community college may
  277         (d) Provide access to and award baccalaureate degrees in
  278  accordance with law.
  279  
  280  Authority to offer one or more baccalaureate degree programs
  281  does not alter the governance relationship of the Florida
  282  college with its district board of trustees or the State Board
  283  of Education.
  284         Section 5. Sections 1004.73 and 1004.875, Florida Statutes,
  285  are repealed.
  286         Section 6. Subsection (2) of section 1007.23, Florida
  287  Statutes, is amended to read:
  288         1007.23 Statewide articulation agreement.—
  289         (2)(a) The articulation agreement must specifically provide
  290  that every associate in arts graduate of a Florida community
  291  college shall have met all general education requirements and
  292  must be granted admission to the upper division of a:
  293         1. State university, except for to a limited access or
  294  teacher certification program or a major program requiring an
  295  audition.
  296         2.Florida college if it offers baccalaureate degree
  297  programs, except for a limited access or teacher certification
  298  program or a major program requiring an audition.
  299         (b)Florida Community college associate in arts graduates
  300  shall receive priority for admission to the upper division of a
  301  Florida college or to a state university over out-of-state
  302  students. Orientation programs, catalogs, and student handbooks
  303  provided to freshman enrollees and transfer students at Florida
  304  colleges and state universities must include an explanation of
  305  this provision of the articulation agreement.
  306         Section 7. Section 1007.33, Florida Statutes, is amended to
  307  read:
  308         (Substantial rewording of section. See
  309         s. 1007.33, F.S., for present text.)
  310         1007.33Site-determined baccalaureate degree access.—
  311         (1)(a)The Legislature recognizes that public and private
  312  postsecondary educational institutions play an essential role in
  313  improving the quality of life and economic well-being of the
  314  state and its residents. The Legislature also recognizes that
  315  economic development needs and the educational needs of place
  316  bound, nontraditional students have increased the demand for
  317  local access to baccalaureate degree programs. It is therefore
  318  the intent of the Legislature to further expand access to
  319  baccalaureate degree programs through the use of Florida
  320  colleges.
  321         (b)For purposes of this section, the term “district”
  322  refers to the county or counties served by a Florida college
  323  pursuant to s. 1000.21(3).
  324         (2)A Florida college, as provided in s. 1001.60, which is
  325  not authorized to offer baccalaureate degrees by state law or
  326  the State Board of Education before July 1, 2009, may submit an
  327  initial proposal for approval to transfer to a state college
  328  status and offer a specific baccalaureate degree program to the
  329  State Board of Education. When seeking initial approval, a
  330  Florida college shall:
  331         (a)Ensure adherence to the historical mission of the
  332  Florida College System as defined in state law, including the
  333  open-door policy for lower-division admissions and outreach to
  334  nontraditional, underserved populations;
  335         (b)Document that the proposed program responds to local,
  336  regional, or state workforce need, demand, and supply;
  337         (c)Submit a budget and enrollment plan detailing financial
  338  feasibility, while providing cost-savings to both students and
  339  the state when compared to state university costs;
  340         (d)Document sufficient institutional resources in terms of
  341  classrooms, laboratories, equipment, and library holdings to
  342  support the proposed transition;
  343         (e)Submit a curriculum plan for the proposed degree which
  344  meets all statutory requirements for baccalaureate programs in
  345  Florida, including program length, learning outcomes, general
  346  education core courses, and common prerequisites; and
  347         (f)Provide a plan for achieving Level II accreditation
  348  from the Southern Association of Colleges and Schools (SACS) and
  349  any specialized accreditations, if available.
  350         (3)A Florida college that is authorized to offer
  351  baccalaureate degrees by state law or the State Board of
  352  Education before July 1, 2009, may develop additional
  353  baccalaureate degree programs and submit the proposals for such
  354  programs to its local board of trustees for approval.
  355         (a)The board of trustees must evaluate proposals based
  356  upon the criteria in subsection (2).
  357         (b)Baccalaureate degree programs approved by a college’s
  358  board of trustees shall be submitted to the Division of Florida
  359  Colleges and notification made to SACS within 30 days after
  360  approval.
  361         (c)Within 30 days after receiving the approved
  362  baccalaureate degree programs and after a compliance review
  363  based upon the criteria in subsection (2), the Division of
  364  Florida Colleges shall notify the college if the proposal meets
  365  all of the criteria for implementation.
  366         (d)The college may appeal any compliance determinations by
  367  the Division of Florida Colleges to the State Board of
  368  Education.
  369         (4)Before developing or proposing a new baccalaureate
  370  degree program, a Florida college shall notify the Chancellor of
  371  the Florida College System of its specific intent to offer the
  372  new program.
  373         (a)To avoid unnecessary duplication of effort, the college
  374  shall also engage in need, demand, and impact discussions with
  375  other local and regional accredited postsecondary providers in
  376  its planning process.
  377         (b)Documentation, data, and other information resulting
  378  from interinstitutional discussions regarding a program’s need,
  379  demand, and impact shall be provided to the college’s board of
  380  trustees and the State Board of Education for the initial
  381  program approval process and to the college’s board of trustees
  382  for subsequent approvals.
  383         (5)Any Florida college that offers one or more
  384  baccalaureate degree programs must:
  385         (a)Maintain as its primary mission:
  386         1.Responsibility for responding to community needs for
  387  postsecondary academic education and career degree education as
  388  prescribed in s. 1004.65(5).
  389         2.The provision of associate degrees that provide access
  390  to a university.
  391         (b)Maintain an open-door admission policy for associate
  392  level degree programs and workforce education programs.
  393         (c)Continue to provide outreach to underserved
  394  populations.
  395         (d)Continue to provide remedial education.
  396         (e)Comply with all provisions of the statewide
  397  articulation agreement which relate to 2-year and 4-year public
  398  degree-granting institutions as adopted by the State Board of
  399  Education pursuant to s. 1007.23.
  400         (f)Not award graduate credit.
  401         (g)Not participate in intercollegiate athletics beyond the
  402  2-year level.
  403         (6)A Florida college may not terminate its associate in
  404  arts or associate in science degree programs as a result of
  405  being authorized to offer one or more baccalaureate degree
  406  programs. The Legislature intends that the primary
  407  responsibility of a Florida college, including a Florida college
  408  that offers baccalaureate degree programs, continues to be the
  409  provision of associate degrees that provide access to a
  410  university.
  411         (7)The State Board of Education shall adopt rules to
  412  prescribe format and content requirements and submission
  413  procedures for notices of intent, proposals, and alternative
  414  proposals under subsection (3).
  415         Section 8. Subsection (11) of section 120.65, Florida
  416  Statutes, is amended to read:
  417         120.65 Administrative law judges.—
  418         (11) The division shall be reimbursed for administrative
  419  law judge services and travel expenses by the following
  420  entities: water management districts, regional planning
  421  councils, school districts, community colleges, the Division of
  422  Florida Community Colleges, state universities, the Board of
  423  Governors of the State University System, the State Board of
  424  Education, the Florida School for the Deaf and the Blind, and
  425  the Commission for Independent Education. These entities shall
  426  contract with the division to establish a contract rate for
  427  services and provisions for reimbursement of administrative law
  428  judge travel expenses and video teleconferencing expenses
  429  attributable to hearings conducted on behalf of these entities.
  430  The contract rate must be based on a total-cost-recovery
  431  methodology.
  432         Section 9. Paragraphs (c) and (i) of subsection (5) of
  433  section 288.8175, Florida Statutes, are amended to read:
  434         288.8175 Linkage institutes between postsecondary
  435  institutions in this state and foreign countries.—
  436         (5) The institutes are:
  437         (c) Florida Caribbean Institute (Florida International
  438  University and Daytona State Beach College).
  439         (i) Florida-West Africa Institute (Florida Agricultural and
  440  Mechanical University, University of North Florida, and Florida
  441  State Community College at Jacksonville).
  442         Section 10. Subsection (1) of section 1001.61, Florida
  443  Statutes, is amended to read:
  444         1001.61 Community college boards of trustees; membership.—
  445         (1) Community college boards of trustees shall be comprised
  446  of five members when a community college district is confined to
  447  one school board district; seven members when a community
  448  college district is confined to one school board district and
  449  the board of trustees so elects; and not more than nine members
  450  when the district contains two or more school board districts,
  451  as provided by rules of the State Board of Education. However,
  452  Florida State Community College at Jacksonville shall have an
  453  odd number of trustees.
  454         Section 11. Paragraph (e) of subsection (4) of section
  455  1004.70, Florida Statutes, is amended to read:
  456         1004.70 Community college direct-support organizations.—
  457         (4) ACTIVITIES; RESTRICTIONS.—
  458         (e) A community college board of trustees must authorize
  459  all debt, including lease-purchase agreements, incurred by a
  460  direct-support organization. Authorization for approval of
  461  short-term loans and lease-purchase agreements for a term of not
  462  more than 5 years, including renewals, extensions, and
  463  refundings, for goods, materials, equipment, and services may be
  464  delegated by the board of trustees to the board of directors of
  465  the direct-support organization. Trustees shall evaluate
  466  proposals for debt according to guidelines issued by the
  467  Division of Florida Community Colleges. Revenues of the
  468  community college may not be pledged to debt issued by direct
  469  support organizations.
  470         Section 12. Subsections (1) and (5) of section 1004.87,
  471  Florida Statutes, are amended to read:
  472         1004.87 Florida College System Task Force.—
  473         (1) The Florida College System Task Force is established
  474  within the Division of Florida Community Colleges of the
  475  Department of Education for the purpose of developing findings
  476  and issuing recommendations regarding the transition of
  477  community colleges to baccalaureate-degree-granting colleges and
  478  the criteria for establishing and funding state colleges.
  479         (5) The task force shall be staffed by existing employees
  480  of the Division of Florida Community Colleges.
  481         Section 13. Subsection (1) and paragraph (b) of subsection
  482  (16) of section 1009.23, Florida Statutes, are amended to read:
  483         1009.23 Community college student fees.—
  484         (1) Unless otherwise provided, this section applies only to
  485  fees charged for college credit instruction leading to an
  486  associate in arts degree, an associate in applied science
  487  degree, an associate in science degree, or a baccalaureate
  488  degree authorized pursuant to s. 1007.33 or s. 1004.73, for
  489  noncollege credit college-preparatory courses defined in s.
  490  1004.02, and for educator preparation institute programs defined
  491  in s. 1004.85.
  492         (16)
  493         (b) The amount of the distance learning course user fee may
  494  not exceed the additional costs of the services provided which
  495  are attributable to the development and delivery of the distance
  496  learning course. If a community college assesses the distance
  497  learning course user fee, the institution may not assess any
  498  other fees to cover the additional costs. By September 1 of each
  499  year, each board of trustees shall report to the Division of
  500  Florida Community Colleges the total amount of revenue generated
  501  by the distance learning course user fee for the prior academic
  502  year and how the revenue was expended.
  503         Section 14. This act shall take effect July 1, 2009.