HB 7083

1
A bill to be entitled
2An act relating to the Florida College System; amending s.
320.15, F.S.; renaming the Division of Community Colleges
4as the Division of Florida Colleges; amending s. 1000.21,
5F.S.; defining the terms "Florida college" and "community
6college"; specifying the counties served by each Florida
7college; renaming specified Florida colleges; amending s.
81001.60, F.S.; providing that the Florida College System
9consists of specified Florida colleges; authorizing a
10Florida college to change the institution's name to
11include "college" or "state college" under specified
12circumstances; requiring the district board of trustees to
13seek statutory codification of name changes; conforming
14provisions to changes made by the act; amending s.
151004.65, F.S.; providing that each Florida college shall
16be governed by a district board of trustees; defining a
17Florida college district; providing that the open-door
18admission policy of Florida colleges applies to lower-
19division programs; providing that the primary mission of
20Florida colleges includes the provision of upper-level
21instruction and baccalaureate degrees as authorized by
22law; conforming provisions to changes made by the act;
23repealing s. 1004.73, F.S., relating to St. Petersburg
24College; repealing s. 1004.875, F.S., relating to the
25State College Pilot Project; amending s. 1007.23, F.S.;
26providing that associate in arts graduates of Florida
27colleges must be granted admission to the upper division
28of a Florida college and shall receive priority for such
29admission over out-of-state students; requiring specified
30publications of Florida colleges and state universities to
31include certain information; conforming provisions to
32changes made by the act; amending s. 1007.33, F.S.;
33providing that the term "district" refers to the counties
34served by a Florida college; providing that Florida
35colleges may offer specified baccalaureate degree programs
36through agreements with regionally accredited
37postsecondary educational institutions; authorizing
38Florida colleges to offer baccalaureate degree programs
39authorized by law prior to the act's effective date;
40requiring State Board of Education approval for
41baccalaureate degree programs proposed by a Florida
42college after the act's effective date; specifying the
43purposes for which a baccalaureate degree program may be
44proposed; providing an exemption from the requirement for
45State Board of Education approval for specified
46baccalaureate degree programs offered by St. Petersburg
47College; providing that a Florida college may request,
48under specified circumstances, that the State Board of
49Education review its baccalaureate degree programs for
50purposes of receiving a statutory exemption from the
51requirement of state board approval for future
52baccalaureate degree programs; specifying the approval
53process for baccalaureate degree programs; specifying
54contents of a proposal for a baccalaureate degree program;
55specifying requirements for Florida colleges offering
56baccalaureate degree programs; requiring the State Board
57of Education to adopt specified rules; conforming
58provisions to changes made by the act; amending ss.
59120.65, 288.8175, 1001.61, 1004.70, 1004.87, and 1009.23,
60F.S.; conforming provisions to changes made by the act;
61providing an effective date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  Paragraph (a) of subsection (3) of section
6620.15, Florida Statutes, is amended to read:
67     20.15  Department of Education.--There is created a
68Department of Education.
69     (3)  DIVISIONS.--The following divisions of the Department
70of Education are established:
71     (a)  Division of Florida Community Colleges.
72     Section 2.  Subsection (3) of section 1000.21, Florida
73Statutes, is amended to read:
74     1000.21  Systemwide definitions.--As used in the Florida K-
7520 Education Code:
76     (3)  "Florida college" or "community college," except as
77otherwise specifically provided, includes all of the following
78public postsecondary educational institutions in the Florida
79College System and any branch campuses, centers, or other
80affiliates of the institution:
81     (a)  Brevard Community College, which serves Brevard
82County.
83     (b)  Broward College, which serves Broward County.
84     (c)  Central Florida Community College, which serves
85Citrus, Levy, and Marion Counties.
86     (d)  Chipola College, which serves Calhoun, Holmes,
87Jackson, Liberty, and Washington Counties.
88     (e)  Daytona State Beach College, which serves Flagler and
89Volusia Counties.
90     (f)  Edison State College, which serves Charlotte, Collier,
91Glades, Hendry, and Lee Counties.
92     (g)  Florida State Community College at Jacksonville, which
93serves Duval and Nassau Counties.
94     (h)  Florida Keys Community College, which serves Monroe
95County.
96     (i)  Gulf Coast Community College, which serves Bay,
97Franklin, and Gulf Counties.
98     (j)  Hillsborough Community College, which serves
99Hillsborough County.
100     (k)  Indian River State College, which serves Indian River,
101Martin, Okeechobee, and St. Lucie Counties.
102     (l)  Lake City Community College, which serves Baker,
103Columbia, Dixie, Gilchrist, and Union Counties.
104     (m)  Lake-Sumter Community College, which serves Lake and
105Sumter Counties.
106     (n)  Manatee Community College, which serves Manatee and
107Sarasota Counties.
108     (o)  Miami Dade College, which serves Miami-Dade County.
109     (p)  North Florida Community College, which serves
110Hamilton, Jefferson, Lafayette, Madison, Suwannee, and Taylor
111Counties.
112     (q)  Northwest Florida State Okaloosa-Walton College, which
113serves Okaloosa and Walton Counties.
114     (r)  Palm Beach Community College, which serves Palm Beach
115County.
116     (s)  Pasco-Hernando Community College, which serves
117Hernando and Pasco Counties.
118     (t)  Pensacola Junior College, which serves Escambia and
119Santa Rosa Counties.
120     (u)  Polk College, which serves Polk County.
121     (v)  St. Johns River Community College, which serves Clay,
122Putnam, and St. Johns Counties.
123     (w)  St. Petersburg College, which serves Pinellas County.
124     (x)  Santa Fe College, which serves Alachua and Bradford
125Counties.
126     (y)  Seminole Community College, which serves Seminole
127County.
128     (z)  South Florida Community College, which serves DeSoto,
129Hardee, and Highlands Counties.
130     (aa)  Tallahassee Community College, which serves Gadsden,
131Leon, and Wakulla Counties.
132     (bb)  Valencia Community College, which serves Orange and
133Osceola Counties.
134     Section 3.  Subsection (2) of section 1001.60, Florida
135Statutes, is amended to read:
136     1001.60  Florida College System.--
137     (2)  FLORIDA COLLEGE SYSTEM.--There shall be a single
138Florida College System comprised of the Florida colleges public
139postsecondary educational institutions identified in s.
1401000.21(3) that grant 2-year and 4-year academic degrees as
141provided by law. A An institution within the Florida college
142System may not offer graduate degree programs.
143     (a)  The programs and services offered by institutions in
144the Florida colleges College System in providing associate and
145baccalaureate degrees shall be delivered in a cost-effective
146manner that demonstrates substantial savings to the student and
147to the state over the cost of providing the degree at a state
148university.
149     (b)1.  With the approval of its district the institution's
150local board of trustees, a an institution in the Florida college
151System may change the institution's name set forth in s.
1521000.21(3) and use the designation "college" or "state college"
153if it has been authorized to grant baccalaureate degrees
154pursuant to s. 1004.73 or s. 1007.33 and has been accredited as
155a baccalaureate-degree-granting institution by the Commission on
156Colleges of the Southern Association of Colleges and Schools or
157if it has received approval from the State Board of Education
158pursuant to this paragraph.
159     2.  With the approval of its district an institution's
160local board of trustees, a any institution in the Florida
161college that does not meet the criteria in subparagraph 1.
162System may request approval from the State Board of Education to
163change the institution's name set forth in s. 1000.21(3) and use
164the designation "college." The State Board of Education may
165approve the request if the Florida college institution enters
166into an agreement with the State Board of Education to do the
167following:
168     a.  Maintain as its the institution's primary mission
169responsibility for responding to community needs for
170postsecondary academic education and career degree education as
171prescribed in s. 1004.65(5)(6).
172     b.  Maintain an open-door admissions policy for associate-
173level degree programs and workforce education programs.
174     c.  Continue to provide outreach to underserved
175populations.
176     d.  Continue to provide remedial education.
177     e.  Comply with all provisions of the statewide
178articulation agreement that relate to 2-year and 4-year public
179degree-granting institutions as adopted by the State Board of
180Education pursuant to s. 1007.23.
181     (c)  A district board of trustees that approves a change to
182the name of an institution under paragraph (b) must seek
183statutory codification of such name change in s. 1000.21(3)
184during the next regular legislative session.
185     (d)3.  A An institution in the Florida college System shall
186not use the designation "university."
187     Section 4.  Section 1004.65, Florida Statutes, is amended
188to read:
189     1004.65  Florida Community colleges; governance definition,
190mission, and responsibilities.--
191     (1)  Each Florida college Community colleges shall be
192governed consist of all public educational institutions operated
193by a community college district board boards of trustees under
194statutory authority and rules of the State Board of Education.
195     (2)  Each Florida community college district shall:
196     (a)  Consist of the county or counties served by the
197Florida college pursuant to s. 1000.21(3).
198     (b)  Be authorized by law and the Department of Education
199is an independent, separate, legal entity created for the
200operation of a Florida community college.
201     (3)  A community college may provide adult education
202services, including adult basic education, adult general
203education, adult secondary education, and General Educational
204Development test instruction.
205     (3)(4)  Florida The community colleges are locally based
206and governed entities with statutory and funding ties to state
207government. As such, the community colleges' mission for Florida
208colleges reflects a commitment to be responsive to local
209educational needs and challenges. In achieving this mission,
210Florida the community colleges strive to maintain sufficient
211local authority and flexibility while preserving appropriate
212legal accountability to the state.
213     (4)(5)  As comprehensive institutions, Florida the
214community colleges shall provide high-quality, affordable
215education and training opportunities, shall foster a climate of
216excellence, and shall provide opportunities to all while
217combining high standards with an open-door admission policy for
218lower-division programs. Florida The community colleges shall,
219as open-access institutions, serve all who can benefit, without
220regard to age, race, gender, creed, or ethnic or economic
221background, while emphasizing the achievement of social and
222educational equity so that all can be prepared for full
223participation in society.
224     (5)(6)  The primary mission and responsibility of Florida
225community colleges is responding to community needs for
226postsecondary academic education and career degree education.
227This mission and responsibility includes being responsible for:
228     (a)  Providing lower level undergraduate instruction and
229awarding associate degrees.
230     (b)  Preparing students directly for careers requiring less
231than baccalaureate degrees. This may include preparing for job
232entry, supplementing of skills and knowledge, and responding to
233needs in new areas of technology. Career education in a Florida
234the community college shall consist of career certificates,
235credit courses leading to associate in science degrees and
236associate in applied science degrees, and other programs in
237fields requiring substantial academic work, background, or
238qualifications. A Florida Community college may offer career
239education programs in fields having lesser academic or technical
240requirements.
241     (c)  Providing student development services, including
242assessment, student tracking, support for disabled students,
243advisement, counseling, financial aid, career development, and
244remedial and tutorial services, to ensure student success.
245     (d)  Promoting economic development for the state within
246each Florida community college district through the provision of
247special programs, including, but not limited to, the:
248     1.  Enterprise Florida-related programs.
249     2.  Technology transfer centers.
250     3.  Economic development centers.
251     4.  Workforce literacy programs.
252     (e)  Providing dual enrollment instruction.
253     (7)  A separate and secondary role for community colleges
254includes:
255     (f)(a)  Providing upper level instruction and awarding
256baccalaureate degrees as specifically authorized by law.
257     (6)(b)  A separate and secondary role for Florida colleges
258includes the offering of programs in:
259     (a)1.  Community services that are not directly related to
260academic or occupational advancement.
261     (b)2.  Adult general education services, including adult
262basic education, adult general education, adult secondary
263education, and General Educational Development test instruction.
264     (c)3.  Recreational and leisure services.
265     (7)(8)  Funding for Florida community colleges shall
266reflect their mission as follows:
267     (a)  Postsecondary academic and career education programs
268and adult general education programs shall have first priority
269in Florida community college funding.
270     (b)  Community service programs shall be presented to the
271Legislature with rationale for state funding. The Legislature
272may identify priority areas for use of these funds.
273     (8)(9)  Florida Community colleges are authorized to:
274     (a)  Offer such programs and courses as are necessary to
275fulfill their mission. and are authorized to
276     (b)  Grant associate in arts degrees, associate in science
277degrees, associate in applied science degrees, certificates,
278awards, and diplomas.
279     (c)  Each community college is also authorized to Make
280provisions for the General Educational Development test.
281     (d)  Each community college may Provide access to
282baccalaureate degrees in accordance with law.
283     Section 5.  Sections 1004.73 and 1004.875, Florida
284Statutes, are repealed.
285     Section 6.  Subsection (2) of section 1007.23, Florida
286Statutes, is amended to read:
287     1007.23  Statewide articulation agreement.--
288     (2)(a)  The articulation agreement must specifically
289provide that every associate in arts graduate of a Florida
290community college shall have met all general education
291requirements and must be granted admission to the upper division
292of a:
293     1.  State university, except for to a limited access or
294teacher certification program or a major program requiring an
295audition.
296     2.  Florida college if it offers baccalaureate degree
297programs, except for a limited access or teacher certification
298program or a major program requiring an audition.
299     (b)  Florida Community college associate in arts graduates
300shall receive priority for admission to the upper division of a
301Florida college or to a state university over out-of-state
302students. Orientation programs, catalogs, and student handbooks
303provided to freshman enrollees and transfer students at Florida
304colleges and state universities must include an explanation of
305this provision of the articulation agreement.
306     Section 7.  Section 1007.33, Florida Statutes, is amended
307to read:
308(Substantial rewording of section. See
309s. 1007.33, F.S., for present text.)
310     1007.33  Site-determined baccalaureate degree access.--
311     (1)(a)  The Legislature recognizes that public and private
312postsecondary educational institutions play an essential role in
313improving the quality of life and economic well-being of the
314state and its residents. The Legislature also recognizes that
315economic development needs and the educational needs of place-
316bound, nontraditional students have increased the demand for
317local access to baccalaureate degree programs. It is therefore
318the intent of the Legislature to further expand access to
319baccalaureate degree programs through the use of Florida
320colleges.
321     (b)  For purposes of this section, the term "district"
322refers to the county or counties served by a Florida college
323pursuant to s. 1000.21(3).
324     (2)(a)  A Florida college may:
325     1.  Offer specified baccalaureate degree programs through
326formal agreements between the Florida college and other
327regionally accredited postsecondary educational institutions
328pursuant to s. 1007.22.
329     2.  Offer baccalaureate degree programs that were
330authorized by law prior to July 1, 2009.
331     3.  Beginning July 1, 2009, establish a first or subsequent
332baccalaureate degree program for purposes of meeting district,
333regional, or statewide workforce needs when approved by the
334State Board of Education under this section, except as provided
335in paragraph (b).
336     (b)1.  Beginning July 1, 2009, the Board of Trustees of the
337St. Petersburg College is authorized to establish:
338     a.  One or more bachelor of applied science degree programs
339based on an analysis of workforce needs in Pinellas, Pasco, and
340Hernando Counties and other counties approved by the Department
341of Education. For each program selected, St. Petersburg College
342must offer a related associate in science or associate in
343applied science degree program, and the baccalaureate degree
344level program must be designed to articulate fully with at least
345one associate in science degree program. The college is
346encouraged to develop articulation agreements for enrollment of
347graduates of related associate in applied science degree
348programs.
349     b.  Additional baccalaureate degree programs if it
350determines a program is warranted and feasible based on each of
351the factors in paragraph (3)(d) and its coordinating board under
352subparagraph 2. approves the program. The determination must
353consider community needs and economic opportunities.
354     2.  The coordinating board for St. Petersburg College shall
355consist of the President of the University of South Florida, the
356President of St. Petersburg College, the President of Pasco-
357Hernando Community College, and the chairs of the boards of
358trustees of those institutions. The coordinating board shall
359assist the board of trustees in its deliberations concerning
360issues that affect the upper division of St. Petersburg College
361and shall meet at the request of the President of the University
362of South Florida or the President of St. Petersburg College. If
363the coordinating board cannot decide an issue of importance to
364the programs designed for upper-division students, the State
365Board of Education shall resolve the issue.
366     (c)  Seven years following a Florida college's
367authorization to establish one or more baccalaureate degree
368programs under subparagraph (a)2. or subparagraph (a)3. and
369receipt of accreditation from the Commission on Colleges of the
370Southern Association of Colleges and Schools as a baccalaureate-
371degree-granting institution, a Florida college may request that
372the State Board of Education review its baccalaureate degree
373program or programs for purposes of determining whether its
374district board of trustees should be statutorily exempted from
375the requirement in subparagraph (a)3. for State Board of
376Education approval of future baccalaureate degree programs.
377After conducting such review, the State Board of Education shall
378provide to the President of the Senate and the Speaker of the
379House of Representatives a written recommendation, including the
380reasons therefor, that indicates whether such exemption is
381warranted. The recommendation shall be submitted to the
382President of the Senate and the Speaker of the House of
383Representatives at least 90 days before its next regular
384session.
385     (d)  Authority to offer one or more baccalaureate degree
386programs does not alter the governance relationship of the
387Florida college with its district board of trustees or the State
388Board of Education.
389     (3)  The approval process for baccalaureate degree programs
390shall require:
391     (a)  Each Florida college to submit a notice of its intent
392to propose a baccalaureate degree program to the Division of
393Florida Colleges at least 100 days prior to submission of its
394proposal under paragraph (d). The notice must include a brief
395description of the program, the workforce demand and unmet need
396for graduates of the program, the geographic region to be
397served, and an estimated timeframe for implementation. Notices
398of intent may be submitted by a Florida college at any time
399throughout the year.
400     (b)  The Division of Florida Colleges to forward the notice
401of intent within 10 business days following receipt to the
402Chancellor of the State University System, the President of the
403Independent Colleges and Universities of Florida, and the
404Executive Director of the Council for Independent Education.
405State universities shall have 60 days following receipt of the
406notice by the Chancellor of the State University System to
407submit an alternative proposal to offer the baccalaureate degree
408program. If a proposal from a state university is not received
409within the 60-day period, the State Board of Education shall
410provide regionally accredited private colleges and universities
41130 days to submit an alternative proposal. Alternative proposals
412shall be submitted to the Division of Florida Colleges and must
413be considered by the State Board of Education in making its
414decision to approve or deny a Florida college's proposal.
415     (c)  An alternative proposal submitted by a state
416university or private college or university to adequately
417address:
418     1.  The extent to which the workforce demand and unmet need
419described in the notice of intent will be met.
420     2.  The extent to which students will be able to complete
421the degree in the geographic region proposed to be served by the
422Florida college.
423     3.  The level of financial commitment of the college or
424university to the development, implementation, and maintenance
425of the specified degree program, including timelines.
426     4.  The extent to which faculty at both the Florida college
427and the college or university will collaborate in the
428development and offering of the curriculum.
429     5.  The ability of the Florida college and the college or
430university to develop and approve the curriculum for the
431specified degree program within 6 months after an agreement
432between the Florida college and the college or university is
433signed.
434     6.  The extent to which the student may incur additional
435costs above what the student would expect to incur if the
436program were offered by the Florida college.
437     (d)  Each proposal submitted by a Florida college to, at a
438minimum, include:
439     1.  A description of the planning process and timeline for
440implementation.
441     2.  An analysis of workforce demand and unmet need for
442graduates of the program on a district, regional, or statewide
443basis, as appropriate.
444     3.  Identification of the facilities, equipment, and
445library and academic resources that will be used to deliver the
446program.
447     4.  The program's admission requirements, academic content,
448curriculum, faculty credentials, student-to-teacher ratios, and
449accreditation plan.
450     5.  The program's enrollment projections and funding
451requirements.
452     6.  A plan of action if the program is terminated.
453     (e)  The Division of Florida Colleges to review the
454proposal, notify the Florida college of any deficiencies in
455writing within 15 days following receipt of the proposal, and
456provide the Florida college with an opportunity to correct the
457deficiencies. Within 45 days following receipt of a completed
458proposal by the Division of Florida Colleges, the Commissioner
459of Education shall recommend approval or disapproval of the
460proposal to the State Board of Education. The State Board of
461Education shall consider that recommendation, the proposal, and
462any alternative proposals at its next meeting. If the State
463Board of Education disapproves the Florida college's proposal,
464it shall provide the Florida college with written reasons for
465that determination.
466     (f)  The Florida college to obtain from the Commission on
467Colleges of the Southern Association of Colleges and Schools:
468     1.  Accreditation as a baccalaureate-degree-granting
469institution if approved by the State Board of Education to offer
470its first baccalaureate degree program; or
471     2.  Accreditation approval for subsequent baccalaureate
472degree programs that are approved by the State Board of
473Education.
474     (4)  Any Florida college that offers one or more
475baccalaureate degree programs must:
476     (a)  Maintain as its primary mission:
477     1.  Responsibility for responding to community needs for
478postsecondary academic education and career degree education as
479prescribed in s. 1004.65(5).
480     2.  The provision of associate degrees that provide access
481to a university.
482     (b)  Maintain an open-door admission policy for associate-
483level degree programs and workforce education programs.
484     (c)  Continue to provide outreach to underserved
485populations.
486     (d)  Continue to provide remedial education.
487     (e)  Comply with all provisions of the statewide
488articulation agreement that relate to 2-year and 4-year public
489degree granting institutions as adopted by the State Board of
490Education pursuant to s. 1007.23.
491     (f)  Not award graduate credit.
492     (g)  Not participate in intercollegiate athletics beyond
493the 2-year level.
494     (5)  A Florida college may not terminate its associate in
495arts or associate in science degree programs as a result of
496being authorized to offer one or more baccalaureate degree
497programs. The Legislature intends that the primary
498responsibility of a Florida college, including a Florida college
499that offers baccalaureate degree programs, continues to be the
500provision of associate degrees that provide access to a
501university.
502     (6)  The State Board of Education shall adopt rules to
503prescribe format and content requirements and submission
504procedures for notices of intent, proposals, and alternative
505proposals under subsection (3).
506     Section 8.  Subsection (11) of section 120.65, Florida
507Statutes, is amended to read:
508     120.65  Administrative law judges.--
509     (11)  The division shall be reimbursed for administrative
510law judge services and travel expenses by the following
511entities: water management districts, regional planning
512councils, school districts, community colleges, the Division of
513Florida Community Colleges, state universities, the Board of
514Governors of the State University System, the State Board of
515Education, the Florida School for the Deaf and the Blind, and
516the Commission for Independent Education. These entities shall
517contract with the division to establish a contract rate for
518services and provisions for reimbursement of administrative law
519judge travel expenses and video teleconferencing expenses
520attributable to hearings conducted on behalf of these entities.
521The contract rate must be based on a total-cost-recovery
522methodology.
523     Section 9.  Paragraphs (c) and (i) of subsection (5) of
524section 288.8175, Florida Statutes, are amended to read:
525     288.8175  Linkage institutes between postsecondary
526institutions in this state and foreign countries.--
527     (5)  The institutes are:
528     (c)  Florida Caribbean Institute (Florida International
529University and Daytona State Beach College).
530     (i)  Florida-West Africa Institute (Florida Agricultural
531and Mechanical University, University of North Florida, and
532Florida State Community College at Jacksonville).
533     Section 10.  Subsection (1) of section 1001.61, Florida
534Statutes, is amended to read:
535     1001.61  Community college boards of trustees;
536membership.--
537     (1)  Community college boards of trustees shall be
538comprised of five members when a community college district is
539confined to one school board district; seven members when a
540community college district is confined to one school board
541district and the board of trustees so elects; and not more than
542nine members when the district contains two or more school board
543districts, as provided by rules of the State Board of Education.
544However, Florida State Community College at Jacksonville shall
545have an odd number of trustees.
546     Section 11.  Paragraph (e) of subsection (4) of section
5471004.70, Florida Statutes, is amended to read:
548     1004.70  Community college direct-support organizations.--
549     (4)  ACTIVITIES; RESTRICTIONS.--
550     (e)  A community college board of trustees must authorize
551all debt, including lease-purchase agreements, incurred by a
552direct-support organization. Authorization for approval of
553short-term loans and lease-purchase agreements for a term of not
554more than 5 years, including renewals, extensions, and
555refundings, for goods, materials, equipment, and services may be
556delegated by the board of trustees to the board of directors of
557the direct-support organization. Trustees shall evaluate
558proposals for debt according to guidelines issued by the
559Division of Florida Community Colleges. Revenues of the
560community college may not be pledged to debt issued by direct-
561support organizations.
562     Section 12.  Subsections (1) and (5) of section 1004.87,
563Florida Statutes, are amended to read:
564     1004.87  Florida College System Task Force.--
565     (1)  The Florida College System Task Force is established
566within the Division of Florida Community Colleges of the
567Department of Education for the purpose of developing findings
568and issuing recommendations regarding the transition of
569community colleges to baccalaureate-degree-granting colleges and
570the criteria for establishing and funding state colleges.
571     (5)  The task force shall be staffed by existing employees
572of the Division of Florida Community Colleges.
573     Section 13.  Subsection (1) and paragraph (b) of subsection
574(16) of section 1009.23, Florida Statutes, are amended to read:
575     1009.23  Community college student fees.--
576     (1)  Unless otherwise provided, this section applies only
577to fees charged for college credit instruction leading to an
578associate in arts degree, an associate in applied science
579degree, an associate in science degree, or a baccalaureate
580degree authorized pursuant to s. 1007.33 or s. 1004.73, for
581noncollege credit college-preparatory courses defined in s.
5821004.02, and for educator preparation institute programs defined
583in s. 1004.85.
584     (16)
585     (b)  The amount of the distance learning course user fee
586may not exceed the additional costs of the services provided
587which are attributable to the development and delivery of the
588distance learning course. If a community college assesses the
589distance learning course user fee, the institution may not
590assess any other fees to cover the additional costs. By
591September 1 of each year, each board of trustees shall report to
592the Division of Florida Community Colleges the total amount of
593revenue generated by the distance learning course user fee for
594the prior academic year and how the revenue was expended.
595     Section 14.  This act shall take effect July 1, 2009.


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