| 1 | A bill to be entitled |
| 2 | An act relating to postsecondary education; amending s. |
| 3 | 467.009, F.S.; deleting a reference to the College-Level |
| 4 | Academic Skills Test (CLAST); amending s. 705.18, F.S.; |
| 5 | revising provisions relating to the disposal of personal |
| 6 | property lost or abandoned on a university or Florida |
| 7 | College System institution campus and the disposition of |
| 8 | proceeds from the sale of such property; requiring that |
| 9 | the university or Florida College System institution |
| 10 | president, or his or her designee, dispose of or make use |
| 11 | of unclaimed property in accordance with university or |
| 12 | Florida College System institution policies and |
| 13 | procedures; repealing s. 1007.07, F.S., relating to the |
| 14 | Florida Business and Education Collaborative; amending s. |
| 15 | 1001.64, F.S.; requiring a Florida College System |
| 16 | institution board of trustees to ask the Commissioner of |
| 17 | Education to authorize an investigation of the college |
| 18 | president by the Department of Education's inspector |
| 19 | general in specified circumstances; requiring a report and |
| 20 | recommendations; requiring the inspector general to refer |
| 21 | potential legal violations to the Commission on Ethics, |
| 22 | the Department of Law Enforcement, the Attorney General, |
| 23 | or another appropriate authority; amending s. 1004.015, |
| 24 | F.S.; requiring the Higher Education Coordinating Council |
| 25 | to make recommendations and submit a report relating to |
| 26 | core missions of postsecondary education institutions, |
| 27 | performance outputs and outcomes, articulation policies, |
| 28 | and workforce development education; amending s. 1004.68, |
| 29 | F.S.; deleting provisions relating to the use of test |
| 30 | scores for assessment of college-level communication and |
| 31 | computation skills; amending s. 1007.01, F.S.; providing |
| 32 | legislative intent and requirements relating to |
| 33 | articulation; requiring the establishment of the |
| 34 | Articulation Coordinating Committee and providing its |
| 35 | responsibilities; amending s. 1007.25, F.S.; deleting |
| 36 | provisions that require an examination or demonstration of |
| 37 | remediation of academic deficiencies to obtain a |
| 38 | postsecondary degree; amending ss. 1007.264 and 1007.265, |
| 39 | F.S.; deleting provisions that exclude students with |
| 40 | intellectual disabilities from eligibility for substitute |
| 41 | requirements for admission to or graduation from a public |
| 42 | postsecondary education institution; amending s. 1007.27, |
| 43 | F.S.; requiring the Department of Education to use student |
| 44 | performance data to determine appropriate credit-by- |
| 45 | examination scores and courses; deleting an exemption from |
| 46 | summer-term enrollment in a public postsecondary education |
| 47 | institution for students earning accelerated credit; |
| 48 | amending ss. 1001.64 and 1011.30, F.S.; removing |
| 49 | provisions requiring that a budget of a community college |
| 50 | be transmitted to the Department of Education for |
| 51 | approval; amending s. 1008.30, F.S., relating to common |
| 52 | placement testing for public postsecondary education; |
| 53 | deleting a reference to the CLAST; requiring rules for |
| 54 | remediation opportunities, retesting policies, and |
| 55 | academic competencies; requiring that students be advised |
| 56 | of academic requirements, financial aid eligibility, and |
| 57 | certain costs; amending s. 1008.345, F.S.; deleting |
| 58 | Department of Education duties relating to tests and |
| 59 | assessment procedures that measure student achievement of |
| 60 | college-level communication and computation skills; |
| 61 | amending s. 1008.38, F.S.; revising and conforming |
| 62 | provisions relating to the articulation accountability |
| 63 | process; amending s. 1009.534, F.S.; revising provisions |
| 64 | relating to approval of community service work for |
| 65 | eligibility for the Florida Academic Scholars award; |
| 66 | amending ss. 267.062, 1004.23, 1010.03, 1010.04, 1010.07, |
| 67 | and 1013.171, F.S.; replacing references to university |
| 68 | rules with university regulations; conforming provisions; |
| 69 | amending s. 1013.33, F.S.; conforming provisions; |
| 70 | repealing s. 1013.63, F.S., relating to the University |
| 71 | Concurrency Trust Fund; providing an effective date. |
| 72 |
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| 73 | Be It Enacted by the Legislature of the State of Florida: |
| 74 |
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| 75 | Section 1. Subsection (3) of section 467.009, Florida |
| 76 | Statutes, is amended to read: |
| 77 | 467.009 Midwifery programs; education and training |
| 78 | requirements.- |
| 79 | (3) To be accepted into an approved midwifery program, an |
| 80 | applicant shall have: |
| 81 | (a) A high school diploma or its equivalent. |
| 82 | (b) Passed the college level academic scholastic test |
| 83 | (CLAST) or Taken three college-level credits each of math and |
| 84 | English or demonstrated competencies in communication and |
| 85 | computation. |
| 86 | Section 2. Section 705.18, Florida Statutes, is amended to |
| 87 | read: |
| 88 | 705.18 Disposal of personal property lost or abandoned on |
| 89 | university or Florida College System institution community |
| 90 | college campuses; disposition of proceeds from sale.- |
| 91 | (1) Whenever any lost or abandoned personal property is |
| 92 | shall be found on a campus of an institution in the State |
| 93 | University System or a campus of a Florida College System |
| 94 | institution state-supported community college, the president of |
| 95 | the institution or the president's designee shall take charge of |
| 96 | the property and make a record of the date such property was |
| 97 | found. If the property is not claimed by the owner, within 30 |
| 98 | days after it such property is found, or a longer period of time |
| 99 | as may be deemed appropriate by the president under the |
| 100 | circumstances, the property is not claimed by the owner, the |
| 101 | president or his or her designee shall dispose of or make use of |
| 102 | the property in accordance with established policies and |
| 103 | procedures that best meet the needs of the university or the |
| 104 | Florida College System institution and its students shall order |
| 105 | it sold at public outcry after giving notice of the time and |
| 106 | place of sale in a publication of general circulation on the |
| 107 | campus of such institution and written notice to the owner if |
| 108 | known. The rightful owner of the such property may reclaim the |
| 109 | property the same at any time prior to the disposition, sale, or |
| 110 | use of the property in accordance with this section and the |
| 111 | established policies and procedures of the university or the |
| 112 | Florida College System institution. |
| 113 | (2) All moneys realized from such institution's sale shall |
| 114 | be placed in an appropriate fund and used solely for student |
| 115 | scholarship and loan purposes. |
| 116 | Section 3. Section 1000.07, Florida Statutes, is repealed. |
| 117 | Section 4. Subsection (3) of section 1001.64, Florida |
| 118 | Statutes, is amended to read: |
| 119 | 1001.64 Community college boards of trustees; powers and |
| 120 | duties.- |
| 121 | (3) A board of trustees shall have the power to take |
| 122 | action without a recommendation from the president and shall |
| 123 | have the power to require the president to deliver to the board |
| 124 | of trustees all data and information required by the board of |
| 125 | trustees in the performance of its duties. A board of trustees |
| 126 | shall ask the Commissioner of Education to authorize an |
| 127 | investigation of the president's actions by the department's |
| 128 | inspector general if the board considers such investigation |
| 129 | necessary. The inspector general shall provide a report |
| 130 | detailing each issue under investigation and shall recommend |
| 131 | corrective action. If the inspector general identifies potential |
| 132 | legal violations, he or she shall refer the potential legal |
| 133 | violations to the Commission on Ethics, the Department of Law |
| 134 | Enforcement, the Attorney General, or another appropriate |
| 135 | authority. |
| 136 | Section 5. Subsection (4) of section 1004.015, Florida |
| 137 | Statutes, is renumbered as subsection (6) and amended, and new |
| 138 | subsections (4) and (5) are added to that section, to read: |
| 139 | 1004.015 Higher Education Coordinating Council.- |
| 140 | (4) The council shall make detailed recommendations |
| 141 | relating to: |
| 142 | (a) The primary core mission of public and nonpublic |
| 143 | postsecondary education institutions in the context of state |
| 144 | access demands and economic development goals. |
| 145 | (b) Performance outputs and outcomes designed to meet |
| 146 | annual and long-term state goals, including, but not limited to, |
| 147 | increased student access, preparedness, retention, transfer, and |
| 148 | completion. Performance measures must be consistent across |
| 149 | sectors and allow for a comparison of the state's performance to |
| 150 | that of other states. |
| 151 | (c) The state's articulation policies and practices to |
| 152 | ensure that cost benefits to the state are maximized without |
| 153 | jeopardizing quality. The recommendation shall consider return |
| 154 | on investment for both the state and students and propose |
| 155 | systems to facilitate and ensure institutional compliance with |
| 156 | state articulation policies. |
| 157 | (d) A plan for workforce development education that |
| 158 | addresses: |
| 159 | 1. The alignment of school district and Florida College |
| 160 | System workforce development education programs to ensure cost |
| 161 | efficiency and mission delineation, including an examination of |
| 162 | the need for both college credit and noncollege credit |
| 163 | certificate programs, an evaluation of the merit of retaining |
| 164 | the associate in applied science degree, and the consolidation |
| 165 | of adult general education programs within school districts. |
| 166 | 2. The consistency of workforce education data collected |
| 167 | and reported by Florida College System institutions and school |
| 168 | districts, including the establishment of common elements and |
| 169 | definitions for any data that is used for state and federal |
| 170 | funding and program accountability. |
| 171 | (5) The council shall submit a report outlining its |
| 172 | detailed recommendations to the Governor, the President of the |
| 173 | Senate, the Speaker of the House of Representatives, the Board |
| 174 | of Governors, and the State Board of Education by December 31, |
| 175 | 2011, which specifically includes recommendations for |
| 176 | consideration by the Legislature for implementation in the 2012- |
| 177 | 2013 fiscal year. |
| 178 | (6)(4) The Board of Governors and the Department of |
| 179 | Education shall provide administrative support for the council. |
| 180 | Section 6. Section 1004.68, Florida Statutes, is amended |
| 181 | to read: |
| 182 | 1004.68 Community college; degrees and certificates; tests |
| 183 | for certain skills.- |
| 184 | (1) Each community college board of trustees shall adopt |
| 185 | rules establishing student performance standards for the award |
| 186 | of degrees and certificates. |
| 187 | (2) Each community college board of trustees shall require |
| 188 | the use of scores on tests for college-level communication and |
| 189 | computation skills provided in s. 1008.345(7) as a condition for |
| 190 | graduation with an associate in arts degree. |
| 191 | Section 7. Section 1007.01, Florida Statutes, is amended |
| 192 | to read: |
| 193 | 1007.01 Articulation; legislative intent; purpose; role of |
| 194 | the State Board of Education and the Board of Governors; |
| 195 | Articulation Coordinating Committee.- |
| 196 | (1) It is the intent of the Legislature to facilitate |
| 197 | articulation and seamless integration of the K-20 education |
| 198 | system by building, and sustaining, and strengthening |
| 199 | relationships among K-20 public organizations, between public |
| 200 | and private organizations, and between the education system as a |
| 201 | whole and Florida's communities. The purpose of building, and |
| 202 | sustaining, and strengthening these relationships is to provide |
| 203 | for the efficient and effective progression and transfer of |
| 204 | students within the education system and to allow students to |
| 205 | proceed toward their educational objectives as rapidly as their |
| 206 | circumstances permit. The Legislature further intends that |
| 207 | articulation policies and budget actions be implemented |
| 208 | consistently in the practices of the Department of Education and |
| 209 | postsecondary educational institutions and expressed in the |
| 210 | collaborative policy efforts of the State Board of Education and |
| 211 | the Board of Governors. |
| 212 | (2) To improve and facilitate articulation systemwide, the |
| 213 | State Board of Education and the Board of Governors shall |
| 214 | collaboratively establish and adopt recommend policies and |
| 215 | guidelines to the Legislature with input from statewide K-20 |
| 216 | advisory groups established by the Commissioner of Education and |
| 217 | the Chancellor of the State University System and shall |
| 218 | recommend the policies to the Legislature. The policies shall |
| 219 | relate relating to: |
| 220 | (a) The alignment between the exit requirements of one |
| 221 | education system and the admissions requirements of another |
| 222 | education system into which students typically transfer. |
| 223 | (b) The identification of common courses, the level of |
| 224 | courses, institutional participation in a statewide course |
| 225 | numbering system, and the transferability of credits among such |
| 226 | institutions. |
| 227 | (c) Identification of courses that meet general education |
| 228 | or common degree program prerequisite requirements at public |
| 229 | postsecondary educational institutions. |
| 230 | (d) Dual enrollment course equivalencies. |
| 231 | (e) Articulation agreements. |
| 232 | (3) The Commissioner of Education, in consultation with |
| 233 | the Chancellor of the State University System, shall establish |
| 234 | the Articulation Coordinating Committee which shall make |
| 235 | recommendations related to statewide articulation policies to |
| 236 | the Higher Education Coordination Council, the State Board of |
| 237 | Education, and the Board of Governors. The committee shall |
| 238 | consist of two members each representing the State University |
| 239 | System, the Florida College System, public career and technical |
| 240 | education, public K-12 education, and nonpublic education and |
| 241 | one member representing students. The chair shall be elected |
| 242 | from the membership. The committee shall: |
| 243 | (a) Monitor the alignment between the exit requirements of |
| 244 | one education system and the admissions requirements of another |
| 245 | education system into which students typically transfer and make |
| 246 | recommendations for improvement. |
| 247 | (b) Propose guidelines for interinstitutional agreements |
| 248 | between and among public schools, career and technical education |
| 249 | centers, Florida College System institutions, state |
| 250 | universities, and nonpublic postsecondary institutions. |
| 251 | (c) Annually recommend dual enrollment course and high |
| 252 | school subject area equivalencies for approval by the State |
| 253 | Board of Education and the Board of Governors. |
| 254 | (d) Annually review the statewide articulation agreement |
| 255 | pursuant to s. 1007.23 and make recommendations for revisions. |
| 256 | (e) Annually review the statewide course numbering system, |
| 257 | the levels of courses, and the application of transfer credit |
| 258 | requirements among public and nonpublic institutions |
| 259 | participating in the statewide course numbering system and |
| 260 | identify instances of student transfer and admissions |
| 261 | difficulties. |
| 262 | (f) Annually publish a list of courses that meet common |
| 263 | general education and common degree program prerequisite |
| 264 | requirements at public postsecondary institutions identified |
| 265 | pursuant to s. 1007.25. |
| 266 | (g) Examine statewide data regarding articulation to |
| 267 | identify issues and make recommendations to improve articulation |
| 268 | throughout the K-20 education system. |
| 269 | (h) Recommend roles and responsibilities of public |
| 270 | education entities in interfacing with the single, statewide |
| 271 | computer-assisted student advising system established pursuant |
| 272 | to s. 1007.28. |
| 273 | Section 8. Subsection (12) of section 1007.25, Florida |
| 274 | Statutes, is amended to read: |
| 275 | 1007.25 General education courses; common prerequisites; |
| 276 | and other degree requirements.- |
| 277 | (12)(a) A public postsecondary educational institution may |
| 278 | not confer an associate in arts or baccalaureate degree upon any |
| 279 | student who fails to successfully complete one of the following |
| 280 | requirements: |
| 281 | 1. Achieve a score that meets or exceeds a minimum score |
| 282 | on a nationally standardized examination, as established by the |
| 283 | State Board of Education in conjunction with the Board of |
| 284 | Governors; or |
| 285 | 2. Demonstrate successful remediation of any academic |
| 286 | deficiencies and achieve a cumulative grade point average of 2.5 |
| 287 | or above, on a 4.0 scale, in postsecondary-level coursework |
| 288 | identified by the State Board of Education in conjunction with |
| 289 | the Board of Governors. The Department of Education shall |
| 290 | specify the means by which a student may demonstrate successful |
| 291 | remediation. |
| 292 | (b) Any student who, in the best professional opinion of |
| 293 | the postsecondary educational institution, has a specific |
| 294 | learning disability such that the student cannot demonstrate |
| 295 | successful mastery of one or more of the authorized examinations |
| 296 | but is achieving at the college level in every area despite his |
| 297 | or her disability, and whose diagnosis indicates that further |
| 298 | remediation will not succeed in overcoming the disability, may |
| 299 | appeal through the appropriate dean to a committee appointed by |
| 300 | the president or the chief academic officer for special |
| 301 | consideration. The committee shall examine the evidence of the |
| 302 | student's academic and medical records and may hear testimony |
| 303 | relevant to the case. The committee may grant a waiver for one |
| 304 | or more of the authorized examinations based on the results of |
| 305 | its review. |
| 306 | (c) Each public postsecondary educational institution |
| 307 | president shall establish a committee to consider requests for |
| 308 | waivers from the requirements in paragraph (a). The committee |
| 309 | shall be chaired by the chief academic officer of the |
| 310 | institution and shall have four additional members appointed by |
| 311 | the president as follows: |
| 312 | 1. One faculty member from the mathematics department; |
| 313 | 2. One faculty member from the English department; |
| 314 | 3. The institutional test administrator; and |
| 315 | 4. One faculty member from a department other than English |
| 316 | or mathematics. |
| 317 | (d) Any student who has taken the authorized examinations |
| 318 | and has not achieved a passing score, but has otherwise |
| 319 | demonstrated proficiency in coursework in the same subject area, |
| 320 | may request a waiver from the examination requirement. Waivers |
| 321 | shall be considered only after students have been provided test |
| 322 | accommodations or other administrative adjustments to permit the |
| 323 | accurate measurement of the student's proficiency in the subject |
| 324 | areas measured by the authorized examinations. The committee |
| 325 | shall consider the student's educational records and other |
| 326 | evidence as to whether the student should be able to pass the |
| 327 | authorized examinations. A waiver may be recommended to the |
| 328 | president upon a majority vote of the committee. The president |
| 329 | may approve or disapprove the recommendation. The president may |
| 330 | not approve a request that the committee has disapproved. If a |
| 331 | waiver is approved, the student's transcript shall include a |
| 332 | statement that the student did not meet the requirements of this |
| 333 | subsection and that a waiver was granted. |
| 334 | Section 9. Subsection (1) of section 1007.264, Florida |
| 335 | Statutes, is amended to read: |
| 336 | 1007.264 Persons with disabilities; admission to |
| 337 | postsecondary educational institutions; substitute requirements; |
| 338 | rules and regulations.- |
| 339 | (1) Any student with a disability, as defined in s. |
| 340 | 1007.02(2), who is otherwise eligible except those students who |
| 341 | have been documented as having intellectual disabilities, shall |
| 342 | be eligible for reasonable substitution for any requirement for |
| 343 | admission into a public postsecondary educational institution |
| 344 | where documentation can be provided that the person's failure to |
| 345 | meet the admission requirement is related to the disability. |
| 346 | Section 10. Subsection (1) of section 1007.265, Florida |
| 347 | Statutes, is amended to read: |
| 348 | 1007.265 Persons with disabilities; graduation, study |
| 349 | program admission, and upper-division entry; substitute |
| 350 | requirements; rules and regulations.- |
| 351 | (1) Any student with a disability, as defined in s. |
| 352 | 1007.02(2), in a public postsecondary educational institution, |
| 353 | except those students who have been documented as having |
| 354 | intellectual disabilities, shall be eligible for reasonable |
| 355 | substitution for any requirement for graduation, for admission |
| 356 | into a program of study, or for entry into the upper division |
| 357 | where documentation can be provided that the person's failure to |
| 358 | meet the requirement is related to the disability and where |
| 359 | failure to meet the graduation requirement or program admission |
| 360 | requirement does not constitute a fundamental alteration in the |
| 361 | nature of the program. |
| 362 | Section 11. Subsections (2) and (10) of section 1007.27, |
| 363 | Florida Statutes, are amended to read: |
| 364 | 1007.27 Articulated acceleration mechanisms.- |
| 365 | (2) The Department of Education shall annually identify |
| 366 | and publish the minimum scores, maximum credit, and course or |
| 367 | courses for which credit is to be awarded for each College Level |
| 368 | Examination Program (CLEP) general examination, CLEP subject |
| 369 | examination, College Board Advanced Placement Program |
| 370 | examination, Advanced International Certificate of Education |
| 371 | examination, and International Baccalaureate examination. The |
| 372 | department shall use student performance data in subsequent |
| 373 | postsecondary courses to determine the appropriate examination |
| 374 | scores and courses for which credit is to be granted. Minimum |
| 375 | scores may vary by subject area based on available performance |
| 376 | data. In addition, the department shall identify such courses in |
| 377 | the general education core curriculum of each state university |
| 378 | and community college. |
| 379 | (10) Any student who earns 9 or more credits from one or |
| 380 | more of the acceleration mechanisms provided for in this section |
| 381 | is exempt from any requirement of a public postsecondary |
| 382 | educational institution mandating enrollment during a summer |
| 383 | term. |
| 384 | Section 12. Subsection (11) of section 1001.64, Florida |
| 385 | Statutes, is amended to read |
| 386 | 1001.64 Community college boards of trustees; powers and |
| 387 | duties.- |
| 388 | (11) Each board of trustees shall submit an institutional |
| 389 | budget request, including a request for fixed capital outlay, |
| 390 | and an operating budget to the State Board of Education for |
| 391 | review approval in accordance with guidelines established by the |
| 392 | State Board of Education. |
| 393 | Section 13. Section 1011.30, Florida Statutes, is amended |
| 394 | to read: |
| 395 | 1011.30 Budgets for community colleges.-Each community |
| 396 | college president shall recommend to the community college board |
| 397 | of trustees a budget of income and expenditures at such time and |
| 398 | in such form as the State Board of Education may prescribe. Upon |
| 399 | approval of a budget by the community college board of trustees, |
| 400 | such budget shall be transmitted to the Department of Education |
| 401 | for review and approval. Rules of the State Board of Education |
| 402 | shall prescribe procedures for effecting budget amendments |
| 403 | subsequent to the final approval of a budget for a given year. |
| 404 | Section 14. Subsection (2) and paragraph (a) of subsection |
| 405 | (4) of section 1008.30, Florida Statutes, are amended to read: |
| 406 | 1008.30 Common placement testing for public postsecondary |
| 407 | education.- |
| 408 | (2) The common placement testing program shall include at |
| 409 | a minimum the following: the capacity to diagnose basic |
| 410 | competencies in the areas of English, reading, and mathematics |
| 411 | which are essential to perform college-level work; prerequisite |
| 412 | skills that relate to progressively advanced instruction in |
| 413 | mathematics, such as algebra and geometry; prerequisite skills |
| 414 | that relate to progressively advanced instruction in language |
| 415 | arts, such as English composition and literature; prerequisite |
| 416 | skills which relate to the College Level Academic Skills Test |
| 417 | (CLAST); and provision of test information to students on the |
| 418 | specific deficiencies. |
| 419 | (4)(a) Public postsecondary educational institution |
| 420 | Students who have been identified as requiring additional |
| 421 | preparation pursuant to subsection (1) shall enroll in college- |
| 422 | preparatory or other adult education pursuant to s. 1004.93 in |
| 423 | community colleges to develop needed college-entry skills. The |
| 424 | State Board of Education shall specify by rule provisions for |
| 425 | alternative remediation opportunities and retesting policies. |
| 426 | These students shall be permitted to take courses within their |
| 427 | degree program concurrently in other curriculum areas for which |
| 428 | they are qualified while enrolled in college-preparatory |
| 429 | instruction courses. A student enrolled in a college-preparatory |
| 430 | course may concurrently enroll only in college credit courses |
| 431 | that do not require the skills addressed in the college- |
| 432 | preparatory course. The State Board of Education, in conjunction |
| 433 | with the Board of Governors, shall specify the college credit |
| 434 | courses that are acceptable for students enrolled in each |
| 435 | college-preparatory skill area. A degree-seeking student who |
| 436 | wishes to earn an associate in arts or a baccalaureate degree, |
| 437 | but who is required to complete a college-preparatory course, |
| 438 | must successfully complete the required college-preparatory |
| 439 | studies by the time the student has accumulated 12 hours of |
| 440 | lower-division college credit degree coursework; however, a |
| 441 | student may continue enrollment in degree-earning coursework |
| 442 | provided the student maintains enrollment in college-preparatory |
| 443 | coursework for each subsequent semester until college- |
| 444 | preparatory coursework requirements are completed, and provided |
| 445 | the student demonstrates satisfactory performance in degree- |
| 446 | earning coursework. A student who has accumulated 12 college |
| 447 | credit hours and has not yet demonstrated proficiency in the |
| 448 | basic competency areas of reading, writing, and mathematics must |
| 449 | be advised in writing of the requirements for associate degree |
| 450 | completion and state university admission, including information |
| 451 | about future financial aid eligibility and the potential costs |
| 452 | of accumulating excessive college credit as described in s. |
| 453 | 1009.286. A passing score on a standardized, institutionally |
| 454 | developed test must be achieved Before a student is considered |
| 455 | to have met basic computation and communication skills |
| 456 | requirements, the student must demonstrate successful mastery of |
| 457 | the required developmental education competencies as defined in |
| 458 | State Board of Education rule; however, no student shall be |
| 459 | required to retake any test or subtest that was previously |
| 460 | passed by said student. Credit awarded for college-preparatory |
| 461 | instruction may not be counted toward fulfilling the number of |
| 462 | credits required for a degree. |
| 463 | Section 15. Subsection (7) of section 1008.345, Florida |
| 464 | Statutes, is amended to read: |
| 465 | 1008.345 Implementation of state system of school |
| 466 | improvement and education accountability.- |
| 467 | (7) As a part of the system of educational accountability, |
| 468 | the Department of Education shall: |
| 469 | (a) Develop minimum standards for various grades and |
| 470 | subject areas, as required in ss. 1001.03, 1008.22, and 1008.34. |
| 471 | (b) Administer the statewide assessment testing program |
| 472 | created by s. 1008.22. |
| 473 | (c) Review the school advisory councils of each district |
| 474 | as required by s. 1001.452. |
| 475 | (d) Conduct the program evaluations required by s. |
| 476 | 1001.03. |
| 477 | (e) Maintain a listing of college-level communication and |
| 478 | mathematics skills defined pursuant to s. 1008.29 as being |
| 479 | associated with successful student performance through the |
| 480 | baccalaureate level and submit it to the State Board of |
| 481 | Education and the Board of Governors for approval. |
| 482 | (f) Maintain a listing of tests and other assessment |
| 483 | procedures which measure and diagnose student achievement of |
| 484 | college-level communication and computation skills and submit it |
| 485 | to the State Board of Education and the Board of Governors for |
| 486 | approval. |
| 487 | (g) Maintain for the information of the State Board of |
| 488 | Education, the Board of Governors, and the Legislature a file of |
| 489 | data to reflect achievement of college-level communication and |
| 490 | mathematics competencies by students in state universities and |
| 491 | community colleges. |
| 492 | (h) Develop or contract for, and submit to the State Board |
| 493 | of Education and the Board of Governors for approval, tests |
| 494 | which measure and diagnose student achievement of college-level |
| 495 | communication and mathematics skills. Any tests and related |
| 496 | documents developed are exempt from the provisions of s. |
| 497 | 119.07(1). The commissioner shall maintain statewide |
| 498 | responsibility for the administration of such tests and may |
| 499 | assign administrative responsibilities for the tests to any |
| 500 | state university or community college. The state board, upon |
| 501 | recommendation of the commissioner, may enter into contracts for |
| 502 | such services beginning in one fiscal year and continuing into |
| 503 | the next year which are paid from the appropriation for either |
| 504 | or both fiscal years. |
| 505 | (f)(i) Perform any other functions that may be involved in |
| 506 | educational planning, research, and evaluation or that may be |
| 507 | required by the commissioner, the State Board of Education, the |
| 508 | Board of Governors, or law. |
| 509 | Section 16. Subsections (4) and (6) of section 1008.38, |
| 510 | Florida Statutes, are amended to read: |
| 511 | 1008.38 Articulation accountability process.-The State |
| 512 | Board of Education, in conjunction with the Board of Governors, |
| 513 | shall develop articulation accountability measures which assess |
| 514 | the status of systemwide articulation processes authorized under |
| 515 | s. 1007.23 and establish an articulation accountability process |
| 516 | which at a minimum shall address: |
| 517 | (4) The smooth transfer of Florida College System |
| 518 | community college associate in arts degree graduates to a |
| 519 | Florida College System institution or a state university. |
| 520 | (6) The relationship between student attainment of |
| 521 | college-level the College Level academic skills Test Program and |
| 522 | articulation to the upper division in public postsecondary |
| 523 | institutions. |
| 524 | Section 17. Subsection (1) of section 1009.534, Florida |
| 525 | Statutes, is amended to read: |
| 526 | 1009.534 Florida Academic Scholars award.- |
| 527 | (1) A student is eligible for a Florida Academic Scholars |
| 528 | award if the student meets the general eligibility requirements |
| 529 | for the Florida Bright Futures Scholarship Program and the |
| 530 | student: |
| 531 | (a) Has achieved a 3.5 weighted grade point average as |
| 532 | calculated pursuant to s. 1009.531, or its equivalent, in high |
| 533 | school courses that are designated by the State Board of |
| 534 | Education as college-preparatory academic courses; and has |
| 535 | attained at least the score pursuant to s. 1009.531(6)(a) on the |
| 536 | combined verbal and quantitative parts of the Scholastic |
| 537 | Aptitude Test, the Scholastic Assessment Test, or the recentered |
| 538 | Scholastic Assessment Test of the College Entrance Examination, |
| 539 | or an equivalent score on the ACT Assessment Program; |
| 540 | (b) Has attended a home education program according to s. |
| 541 | 1002.41 during grades 11 and 12 or has completed the |
| 542 | International Baccalaureate curriculum but failed to earn the |
| 543 | International Baccalaureate Diploma or has completed the |
| 544 | Advanced International Certificate of Education curriculum but |
| 545 | failed to earn the Advanced International Certificate of |
| 546 | Education Diploma, and has attained at least the score pursuant |
| 547 | to s. 1009.531(6)(a) on the combined verbal and quantitative |
| 548 | parts of the Scholastic Aptitude Test, the Scholastic Assessment |
| 549 | Test, or the recentered Scholastic Assessment Test of the |
| 550 | College Entrance Examination, or an equivalent score on the ACT |
| 551 | Assessment Program; |
| 552 | (c) Has been awarded an International Baccalaureate |
| 553 | Diploma from the International Baccalaureate Office or an |
| 554 | Advanced International Certificate of Education Diploma from the |
| 555 | University of Cambridge International Examinations Office; |
| 556 | (d) Has been recognized by the merit or achievement |
| 557 | programs of the National Merit Scholarship Corporation as a |
| 558 | scholar or finalist; or |
| 559 | (e) Has been recognized by the National Hispanic |
| 560 | Recognition Program as a scholar recipient. |
| 561 |
|
| 562 | A student must complete a program of community service work, as |
| 563 | approved by the district school board, or the administrators of |
| 564 | a nonpublic school, or the Department of Education for home |
| 565 | education program students, which shall include a minimum of 75 |
| 566 | hours of service work and require the student to identify a |
| 567 | social problem that interests him or her, develop a plan for his |
| 568 | or her personal involvement in addressing the problem, and, |
| 569 | through papers or other presentations, evaluate and reflect upon |
| 570 | his or her experience. |
| 571 | Section 18. Subsection (3) of section 267.062, Florida |
| 572 | Statutes, is amended to read: |
| 573 | 267.062 Naming of state buildings and other facilities.- |
| 574 | (3) Notwithstanding the provisions of subsection (1) or s. |
| 575 | 1013.79(11), any state building, road, bridge, park, |
| 576 | recreational complex, or other similar facility of a state |
| 577 | university may be named for a living person by the university |
| 578 | board of trustees in accordance with regulations rules adopted |
| 579 | by the Board of Governors of the State University System. |
| 580 | Section 19. Subsection (6) of section 1004.23, Florida |
| 581 | Statutes, is amended to read: |
| 582 | 1004.23 Universities; powers; patents, copyrights, and |
| 583 | trademarks.-Any other law to the contrary notwithstanding, each |
| 584 | state university is authorized, in its own name, to: |
| 585 | (6) Do all other acts necessary and proper for the |
| 586 | execution of powers and duties herein conferred upon the |
| 587 | university, including adopting regulations rules, as necessary, |
| 588 | in order to administer this section. Any proceeds therefrom |
| 589 | shall be deposited and expended in accordance with s. 1004.22. |
| 590 | Any action taken by the university in securing or exploiting |
| 591 | such trademarks, copyrights, or patents shall, within 30 days, |
| 592 | be reported in writing by the president to the Department of |
| 593 | State. |
| 594 | Section 20. Section 1010.03, Florida Statutes, is amended |
| 595 | to read: |
| 596 | 1010.03 Delinquent accounts.-District school boards, |
| 597 | Florida College System institution community college boards of |
| 598 | trustees, and university boards of trustees: |
| 599 | (1) Shall exert every effort to collect all delinquent |
| 600 | accounts. |
| 601 | (2) May charge off or settle such accounts as may prove |
| 602 | uncollectible. |
| 603 | (3) May employ the services of a collection agency when |
| 604 | deemed advisable in collecting delinquent accounts. |
| 605 | (4) May adopt rules, except that university boards of |
| 606 | trustees may adopt regulations, as necessary, to implement the |
| 607 | provisions of this section, including setoff procedures, payroll |
| 608 | deductions, and restrictions on release of transcripts, awarding |
| 609 | of diplomas, and access to other resources and services of the |
| 610 | school district, Florida College System institution community |
| 611 | college, or university. |
| 612 | Section 21. Subsection (2) of section 1010.04, Florida |
| 613 | Statutes, is amended to read: |
| 614 | 1010.04 Purchasing.- |
| 615 | (2) Each district school board and Florida College System |
| 616 | institution, community college board of trustees, and each |
| 617 | university board of trustees shall adopt rules, and each |
| 618 | university board of trustees shall adopt regulations, to be |
| 619 | followed in making purchases. |
| 620 | Section 22. Paragraph (b) of subsection (2) of section |
| 621 | 1010.07, Florida Statutes, is amended to read: |
| 622 | 1010.07 Bonds or insurance required.- |
| 623 | (2) |
| 624 | (b) Contractors paid from university funds shall give bond |
| 625 | for the faithful performance of their contracts in such amount |
| 626 | and for such purposes as prescribed by s. 255.05 or by |
| 627 | regulations rules of the Board of Governors relating to the type |
| 628 | of contract involved. It shall be the duty of the university |
| 629 | board of trustees to require from construction contractors a |
| 630 | bond adequate to protect the board and the board's funds |
| 631 | involved. |
| 632 | Section 23. Subsection (4) of section 1013.171, Florida |
| 633 | Statutes, is amended to read: |
| 634 | 1013.171 University lease agreements; land, facilities.- |
| 635 | (4) Agreements as provided in this section shall be |
| 636 | entered into with an offeror resulting from publicly announced |
| 637 | competitive bids or proposals, except that the university may |
| 638 | enter into an agreement with an entity enumerated in paragraph |
| 639 | (3)(a) for leasing land or with a direct-support organization as |
| 640 | provided in s. 1004.28, which shall enter into subsequent |
| 641 | agreements for financing and constructing the project after |
| 642 | receiving competitive bids or proposals. Any facility |
| 643 | constructed, lease-purchased, or purchased under such |
| 644 | agreements, whether erected on land under the jurisdiction of |
| 645 | the university or not, shall conform to the construction |
| 646 | standards and codes applicable to university facilities. Each |
| 647 | university board of trustees shall adopt such regulations rules |
| 648 | as are necessary to carry out its duties and responsibilities |
| 649 | imposed by this section. |
| 650 | Section 24. Subsection (12) of section 1013.33, Florida |
| 651 | Statutes, is amended to read: |
| 652 | 1013.33 Coordination of planning with local governing |
| 653 | bodies.- |
| 654 | (12) As early in the design phase as feasible and |
| 655 | consistent with an interlocal agreement entered pursuant to |
| 656 | subsections (2)-(8), but no later than 90 days before commencing |
| 657 | construction, the district school board shall in writing request |
| 658 | a determination of consistency with the local government's |
| 659 | comprehensive plan. The local governing body that regulates the |
| 660 | use of land shall determine, in writing within 45 days after |
| 661 | receiving the necessary information and a school board's request |
| 662 | for a determination, whether a proposed educational facility is |
| 663 | consistent with the local comprehensive plan and consistent with |
| 664 | local land development regulations. If the determination is |
| 665 | affirmative, school construction may commence and further local |
| 666 | government approvals are not required, except as provided in |
| 667 | this section. Failure of the local governing body to make a |
| 668 | determination in writing within 90 days after a district school |
| 669 | board's request for a determination of consistency shall be |
| 670 | considered an approval of the district school board's |
| 671 | application. Campus master plans and development agreements must |
| 672 | comply with the provisions of s. ss. 1013.30 and 1013.63. |
| 673 | Section 25. Section 1013.63, Florida Statutes, is |
| 674 | repealed. |
| 675 | Section 26. This act shall take effect July 1, 2011. |