Florida Senate - 2013 CS for CS for SB 1720
By the Committees on Appropriations; and Education; and Senator
Galvano
576-03098-13 20131720c2
1 A bill to be entitled
2 An act relating to education; amending s. 11.45, F.S.;
3 revising actions to be taken by the Legislative
4 Auditing Committee relating to audits of state
5 universities and Florida College System institutions;
6 amending s. 1001.02, F.S.; requiring the State Board
7 of Education to specify the college credit courses
8 that may be taken by Florida College System
9 institution students who are concurrently
10 participating in developmental education; requiring
11 the State Board of Education to establish the tuition
12 and out-of-state fees for certain credit instruction,
13 rather than college-preparatory instruction; revising
14 the minimum standards, definitions, and guidelines
15 that the State Board of Education must prescribe by
16 rule for Florida College System institutions; amending
17 s. 1001.64, F.S.; authorizing a board of trustees at a
18 Florida College System institution to contract with
19 the board of trustees of a state university for the
20 Florida College System institution to provide
21 developmental education; creating s. 1001.7065, F.S.;
22 establishing a collaborative partnership between the
23 Board of Governors and the Legislature to elevate the
24 academic and research preeminence of this state’s
25 highest performing state research universities;
26 establishing academic and research excellence
27 standards for a university to be designated a
28 preeminent state research university; providing for a
29 preeminent state research university to establish an
30 institute for online learning; providing duties and
31 responsibilities of an advisory board, the university,
32 and the Board of Governors to provide high-quality,
33 fully online baccalaureate degree programs, including
34 establishment of a tuition structure for the
35 institute; providing for the award of funding to
36 preeminent state research universities based upon
37 performance and subject to appropriation; authorizing
38 a preeminent state research university to establish
39 special course requirements; providing for preeminent
40 state research university flexibility; encouraging the
41 Board of Governors to promote additional programs of
42 excellence; amending s. 1004.02, F.S.; defining the
43 term “developmental education” as it relates to public
44 postsecondary education; amending s. 1004.43, F.S.;
45 transferring oversight of the H. Lee Moffitt Cancer
46 Center and Research Institute to the Board of Trustees
47 of the University of South Florida; requiring the
48 Board of Trustees to enter into a lease agreement for
49 use of certain land and facilities; providing for the
50 terms of the lease; requiring the University of South
51 Florida and the Florida not-for-profit corporation
52 that governs and operates the H. Lee Moffitt Cancer
53 Center and Research Institute to enter into an
54 agreement to review construction plans and
55 specifications for consistency of certain criteria;
56 revising the membership of the board of directors for
57 the not-for-profit corporation; deleting the
58 requirement that the Board of Governors provide for
59 certain approvals of the articles of incorporation of
60 the not-for-profit corporation and use of land and
61 facilities for certain purposes; requiring the not
62 for-profit corporation to cause to be prepared annual
63 financial audits; requiring the not-for-profit
64 corporation to provide equal employment opportunities;
65 providing for the governance and operation of the
66 facilities if the agreement between the not-for-profit
67 corporation and the Board of Trustees of the
68 University of South Florida, rather than the Board of
69 Governors, is terminated; requiring the chief
70 executive officer to report annually to the Board of
71 Governors on the educational activities of the not
72 for-profit corporation; providing for the creation and
73 duties of an external advisory board; repealing s.
74 1004.58, F.S., relating to the Leadership Board for
75 Applied Research and Public Service; amending s.
76 1004.93, F.S.; deleting provisions relating to the
77 levels and courses of instruction to be funded through
78 the college-preparatory program; amending s. 1006.735,
79 F.S.; establishing the Complete Florida Degree Program
80 to recruit, recover, and retain adult learners and
81 assist them in completing degrees aligned to high
82 wage, high-skill workforce needs; specifying program
83 components and the tuition and fee structure;
84 requiring submission of a project plan to the
85 Legislature; amending s. 1007.23, F.S.; revising the
86 number of semester hours in which a student who is
87 seeking an associate in arts degree is required to
88 indicate a baccalaureate degree program; amending s.
89 1007.25, F.S.; revising general education courses,
90 common prerequisites, and degree requirements;
91 conforming terminology to changes made by the act;
92 amending s. 1007.263, F.S.; revising the rules that
93 the board of trustees of a Florida College System
94 institution may adopt with regard to admissions
95 counseling; requiring each board of trustees to
96 establish policies that notify students about options
97 they may use to attain the communication and
98 computation skills that are essential to perform
99 college-level work; deleting a prohibition against a
100 student’s enrollment in credit courses under certain
101 circumstances; amending s. 1007.271, F.S.; conforming
102 provisions to changes made by the act; creating s.
103 1008.02, F.S.; providing definitions for the purpose
104 of ch. 1008, F.S., relating to assessment and
105 accountability for the K-20 education system; amending
106 s. 1008.30, F.S.; providing that alternative
107 assessments that may be accepted in lieu of the common
108 placement test must be identified in rule; requiring
109 the State Board of Education, in conjunction with the
110 Board of Governors, to approve a series of meta
111 majors, academic pathways, and degree maps that
112 identify the gateway courses required for success in
113 each meta-major; providing requirements for the common
114 placement testing program; requiring the State Board
115 of Education to adopt rules that require high schools
116 to evaluate certain students for college readiness;
117 requiring the State Board of Education to establish by
118 rule the test scores a student must achieve to
119 demonstrate readiness to perform college-level work;
120 deleting provisions to conform to changes made by the
121 act; conforming terminology; requiring the State Board
122 of Education to adopt rules by a specified date to
123 implement developmental education; requiring local
124 policies and practices set by each Florida College
125 System institution board of trustees to outline the
126 student achievements considered by the institution for
127 placement determinations, identify instructional
128 options available to students, and describe student
129 costs and financial aid opportunities associated with
130 each instructional option; creating s. 1008.322, F.S.;
131 requiring the Board of Governors of the State
132 University System to oversee the performance of state
133 university boards of trustees in the enforcement of
134 laws, rules, and regulations; providing that state
135 university presidents are responsible for the accuracy
136 of the information and data reported to the Board of
137 Governors; authorizing the Chancellor of the State
138 University System to investigate allegations of
139 noncompliance with law or Board of Governors’ rule or
140 regulation and determine probable cause; requiring the
141 chancellor to report determinations of probable cause
142 to the Board of Governors; authorizing the Board of
143 Governors to initiate specified actions if the board
144 determines that the state university board of trustees
145 is unwilling or unable to comply with the law, certain
146 rules or regulations, or audit recommendations;
147 amending s. 1008.34, F.S.; revising the grading of
148 middle schools and high schools to include added
149 weight for students who participate and are enrolled
150 in certain classes; amending ss. 1008.37, 1009.22, and
151 1009.23, F.S.; conforming provisions to changes made
152 by the act; amending s. 1009.26, F.S.; authorizing
153 certain Florida College System institutions to waive
154 certain fees; repealing s. 1009.28, F.S., relating to
155 fees for repeated enrollment in college-preparatory
156 classes; amending s. 1009.285, F.S.; requiring a
157 student enrolled in the same undergraduate college
158 credit course more than once, except for students
159 enrolled in a gateway course for an extended period of
160 time, to pay tuition at 100 percent of the full cost
161 of instruction; reducing the number of times certain
162 coursework, which is excluded for the reduction of
163 fees, is repeated for certain purposes; amending s.
164 1009.286, F.S.; excluding remedial courses from those
165 courses that are counted when calculating credit hours
166 earned toward a baccalaureate degree; amending s.
167 1009.40, F.S.; providing that undergraduate students
168 participating in developmental education are eligible
169 to receive financial aid for a specified number of
170 semesters or quarters; conforming provisions to
171 changes made by the act; amending s. 1009.53, F.S.;
172 conforming terminology to changes made by the act;
173 repealing s. 1009.531(7), F.S., relating to the
174 eligibility of a student for an initial reward or
175 renewal reward under the Florida Bright Futures
176 Scholarship Program; amending s. 1011.84, F.S.;
177 conforming provisions to changes made by the act;
178 providing an effective date.
179
180 Be It Enacted by the Legislature of the State of Florida:
181
182 Section 1. Paragraph (j) of subsection (7) of section
183 11.45, Florida Statutes, is amended to read:
184 11.45 Definitions; duties; authorities; reports; rules.—
185 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
186 (j) The Auditor General shall notify the Legislative
187 Auditing Committee of any financial or operational audit report
188 prepared pursuant to this section which indicates that a state
189 university or Florida College System institution has failed to
190 take full corrective action in response to a recommendation that
191 was included in the two preceding financial or operational audit
192 reports.
193 1. The committee may direct the governing body of the state
194 university or Florida College System institution to provide a
195 written statement to the committee explaining why full
196 corrective action has not been taken or, if the governing body
197 intends to take full corrective action, describing the
198 corrective action to be taken and when it will occur.
199 2. If the committee determines that the written statement
200 is not sufficient, the committee may require the chair of the
201 governing body of the state university or Florida College System
202 institution, or the chair’s designee, to appear before the
203 committee.
204 3. If the committee determines that the state university or
205 Florida College System institution has failed to take full
206 corrective action for which there is no justifiable reason or
207 has failed to comply with committee requests made pursuant to
208 this section, the committee shall refer the matter to the State
209 Board of Education or the Board of Governors, as appropriate, to
210 proceed in accordance with ss. 1008.32 and 1008.322,
211 respectively may proceed in accordance with s. 11.40(2).
212 Section 2. Paragraph (g) of subsection (4), subsection (5),
213 and paragraphs (c) and (d) of subsection (6) of section 1001.02,
214 Florida Statutes, are amended to read:
215 1001.02 General powers of State Board of Education.—
216 (4) The State Board of Education shall:
217 (g) Specify, by rule, the college credit courses that may
218 be taken by Florida College System institution students who are
219 concurrently participating in developmental education enrolled
220 in college-preparatory instruction.
221 (5) The State Board of Education is responsible for
222 reviewing and administering the state program of support for the
223 Florida College System institutions and, subject to existing
224 law, shall establish the tuition and out-of-state fees for
225 college-preparatory instruction and for credit instruction that
226 may be counted toward an associate in arts degree, an associate
227 in applied science degree, or an associate in science degree.
228 (6) The State Board of Education shall prescribe minimum
229 standards, definitions, and guidelines for Florida College
230 System institutions that will ensure the quality of education,
231 coordination among the Florida College System institutions and
232 state universities, and efficient progress toward accomplishing
233 the Florida College System institution mission. At a minimum,
234 these rules must address:
235 (c) Program offerings and classification, including
236 college-level communication and computation skills associated
237 with successful performance in college and with tests and other
238 assessment procedures that measure student achievement of those
239 skills. The performance measures must provide that students
240 moving from one level of education to the next acquire the
241 necessary competencies for that level.
242 (d) Provisions for curriculum development, graduation
243 requirements, college calendars, and program service areas.
244 These provisions must include rules that:
245 1. Provide for the award of an associate in arts degree to
246 a student who successfully completes 60 semester credit hours at
247 the Florida College System institution.
248 2. Require all of the credits accepted for the associate in
249 arts degree to be in the statewide course numbering system as
250 credits toward a baccalaureate degree offered by a state
251 university or a Florida College System institution.
252 3. Beginning with students initially entering a Florida
253 College System institution in 2014-2015 and thereafter, Require
254 no more than 36 30 semester credit hours in general education
255 courses in the subject areas of communication, mathematics,
256 social sciences, humanities, and natural sciences.
257
258 The rules should encourage Florida College System institutions
259 to enter into agreements with state universities that allow
260 Florida College System institution students to complete upper
261 division-level courses at a Florida College System institution.
262 An agreement may provide for concurrent enrollment at the
263 Florida College System institution and the state university and
264 may authorize the Florida College System institution to offer an
265 upper-division-level course or distance learning.
266 Section 3. Subsection (9) of section 1001.64, Florida
267 Statutes, is amended to read:
268 1001.64 Florida College System institution boards of
269 trustees; powers and duties.—
270 (9) A board of trustees may contract with the board of
271 trustees of a state university for the Florida College System
272 institution to provide developmental education college
273 preparatory instruction on the state university campus.
274 Section 4. Section 1001.7065, Florida Statutes, is created
275 to read:
276 1001.7065 Preeminent state research universities program.—
277 (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
278 COLLABORATION.—A collaborative partnership is established
279 between the Board of Governors and the Legislature to elevate
280 the academic and research preeminence of Florida’s highest
281 performing state research universities in accordance with this
282 section. The partnership stems from the State University System
283 Governance Agreement executed on March 24, 2010, wherein the
284 Board of Governors and leaders of the Legislature agreed to a
285 framework for the collaborative exercise of their joint
286 authority and shared responsibility for the State University
287 System. The governance agreement confirmed the commitment of the
288 Board of Governors and the Legislature to continue collaboration
289 on accountability measures, the use of data, and recommendations
290 derived from such data.
291 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
292 July 1, 2013, the following academic and research excellence
293 standards are established for the Preeminent State Research
294 Universities Program:
295 (a) An average weighted grade point average of 4.0 or
296 higher on a 4.0 scale and an average SAT score of 1800 or higher
297 for fall-semester incoming freshmen, as reported annually.
298 (b) A top-50 ranking on at least two well-known and highly
299 respected national public university rankings, reflecting
300 national preeminence, using most recent rankings.
301 (c) A freshman retention rate of 90 percent or higher for
302 full-time, first-time-in-college students, as reported annually
303 to the Integrated Postsecondary Education Data System (IPEDS).
304 (d) A 6-year graduation rate of 70 percent or higher for
305 full-time, first-time-in-college students, as reported annually
306 to the IPEDS.
307 (e) Six or more faculty members at the state university who
308 are members of a national academy, as reported by the Center for
309 Measuring University Performance in the Top American Research
310 Universities (TARU) annual report.
311 (f) Total annual research expenditures, including federal
312 research expenditures, of $200 million or more, as reported
313 annually by the National Science Foundation (NSF).
314 (g) Total annual research expenditures in diversified
315 nonmedical sciences of $150 million or more, based on data
316 reported annually by the NSF.
317 (h) A top-100 university national ranking for research
318 expenditures in five or more science, technology, engineering,
319 or mathematics fields of study, as reported annually by the NSF.
320 (i) One hundred or more total patents awarded by the United
321 States Patent and Trademark Office for the most recent 3-year
322 period.
323 (j) Four hundred or more doctoral degrees awarded annually,
324 as reported in the Board of Governors Annual Accountability
325 Report.
326 (k) Two hundred or more postdoctoral appointees annually,
327 as reported in the TARU annual report.
328 (l) An endowment of $500 million or more, as reported in
329 the Board of Governors Annual Accountability Report.
330 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—The
331 Board of Governors shall designate each state research
332 university that meets at least 11 of the 12 academic and
333 research excellence standards identified in subsection (2) a
334 preeminent state research university.
335 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
336 ONLINE LEARNING.—The state research university that has attained
337 the highest level on the academic and research excellence
338 standards identified in subsection (2), as verified by the Board
339 of Governors, shall establish an institute for online learning.
340 The institute shall establish a robust offering of high-quality,
341 fully online baccalaureate degree programs at an affordable cost
342 in accordance with this subsection.
343 (a) By August 1, 2013, the Board of Governors shall convene
344 an advisory board to support the development of high-quality,
345 fully online baccalaureate degree programs at the preeminent
346 university.
347 (b) The advisory board shall:
348 1. Offer expert advice, as requested by the preeminent
349 university, in the development and implementation of a business
350 plan to expand the offering of high-quality, fully online
351 baccalaureate degree programs.
352 2. Authorize the release of funding to the preeminent
353 university subject to appropriation in the General
354 Appropriations Act and upon approval by the Board of Governors
355 of the plan developed by the preeminent university.
356 3. Monitor, evaluate, and report on the implementation of
357 the plan to the Board of Governors, the Governor, the President
358 of the Senate, and the Speaker of the House of Representatives.
359 (c) The advisory board shall be composed of the following
360 five members:
361 1. The chair of the Board of Governors or the chair’s
362 permanent designee.
363 2. A member with expertise in online learning, appointed by
364 the Board of Governors.
365 3. A member with expertise in global marketing, appointed
366 by the Governor.
367 4. A member with expertise in cloud virtualization,
368 appointed by the President of the Senate.
369 5. A member with expertise in disruptive innovation,
370 appointed by the Speaker of the House of Representatives.
371 (d) The president of the preeminent university shall be
372 consulted on the advisory board member appointments.
373 (e) A majority of the advisory board constitutes a quorum,
374 elect the chair, and appoint an executive director.
375 (f) By September 1, 2013, the university shall submit to
376 the advisory board a comprehensive plan to expand high-quality,
377 fully online baccalaureate degree program offerings. The plan
378 must include:
379 1. Existing on-campus general education courses and
380 baccalaureate degree programs that will be offered online.
381 2. New courses that will be developed and offered online.
382 3. Support services that will be offered to students
383 enrolled in online baccalaureate degree programs.
384 4. A tuition and fee structure that meets the requirements
385 in paragraph (k) for online courses, baccalaureate degree
386 programs, and student support services.
387 5. A timeline for offering, marketing, and enrolling
388 students in the online baccalaureate degree programs.
389 6. A budget for developing and marketing the online
390 baccalaureate degree programs.
391 7. Detailed strategies for ensuring the success of students
392 and the sustainability of the online baccalaureate degree
393 programs.
394
395 Upon recommendation of the plan by the advisory board and
396 approval by the Board of Governors, the Board of Governors shall
397 award the university funds for implementation of the online
398 baccalaureate degree program, as provided in the General
399 Appropriations Act.
400 (g) Beginning in January 2014, the university shall offer
401 high-quality, fully online baccalaureate degree programs that:
402 1. Accept full-time, first-time-in-college students.
403 2. Have the same rigorous admissions criteria as equivalent
404 on-campus degree programs.
405 3. Offer curriculum of equivalent rigor to on-campus degree
406 programs.
407 4. Offer rolling enrollment or multiple opportunities for
408 enrollment throughout the year.
409 5. Do not require any on-campus courses. However, for
410 courses or programs that require clinical training or
411 laboratories that cannot be delivered online, the university
412 shall offer convenient locational options to the student, which
413 may include, but are not limited to, the option to complete such
414 requirements at a summer-in-residence on the university campus.
415 The university may provide a network of sites at convenient
416 locations and contract with commercial testing centers or
417 identify other secure testing services for the purpose of
418 proctoring assessments or testing.
419 6. Apply the university’s existing policy for accepting
420 credits for both freshman applicants and transfer applicants.
421 (h) The university may offer a fully online Masters in
422 Business Administration degree program and other masters degree
423 programs.
424 (i) The university may develop and offer degree programs
425 and courses that are competency based as appropriate for the
426 quality and success of the program.
427 (j) The university shall periodically expand its offering
428 of online baccalaureate degree programs to meet student and
429 market demands.
430 (k) The university shall establish a tuition structure for
431 its online institute in accordance with this paragraph,
432 notwithstanding any other provision of law.
433 1. For students classified as residents for tuition
434 purposes, tuition for an online baccalaureate degree program
435 shall be set at no more than 75 percent of the tuition rate as
436 specified in the General Appropriations Act pursuant to s.
437 1009.24(4) and 75 percent of the tuition differential pursuant
438 to s. 1009.24(16). No distance learning fee, fee for campus
439 facilities, or fee for on-campus services may be assessed,
440 except that online students shall pay the university’s
441 technology fee, financial aid fee, and Capital Improvement Trust
442 Fund fee. The revenues generated from the Capital Improvement
443 Trust Fund fee shall be dedicated to the university’s institute
444 for online learning.
445 2. For students classified as nonresidents for tuition
446 purposes, tuition may be set at market rates in accordance with
447 the business plan.
448 3. Tuition for an online degree program must include all
449 costs associated with instruction, materials, and enrollment,
450 excluding costs associated with the provision of textbooks
451 pursuant to s. 1004.085 and physical laboratory supplies.
452 4. Subject to the limitations in subparagraph 1., tuition
453 may be differentiated by degree program as appropriate to the
454 instructional and other costs of the program in accordance with
455 the business plan. Pricing must incorporate innovative
456 approaches that incentivize persistence and completion,
457 including, but not limited to, a fee for assessment, a bundled
458 or all-inclusive rate, and sliding scale features.
459 5. The university shall accept advance payment contracts
460 and student financial aid.
461 6. Fifty percent of the net revenues generated from the
462 online institute of the university shall be used to enhance and
463 enrich the online institute offerings, and 50 percent of the net
464 revenues generated from the online institute shall be used to
465 enhance and enrich the university’s campus state-of-the-art
466 research programs and facilities.
467 7. The institute may charge additional local user fees
468 pursuant to s. 1009.24(14) upon the approval of the Board of
469 Governors.
470 8. The institute shall submit a proposal to the president
471 of the university authorizing additional user fees for the
472 provision of voluntary student participation in activities and
473 additional student services.
474 (5) PREEMINENT STATE RESEARCH UNIVERSITY SUPPORT.—The state
475 research university that has attained the highest level on the
476 academic and research excellence standards identified in
477 subsection (2), as verified by the Board of Governors, shall
478 submit to the Board of Governors a 5-year benchmark plan with
479 target rankings on key performance metrics for national
480 excellence. Upon approval by the Board of Governors, and upon
481 the university’s meeting the benchmark plan goals annually, the
482 Board of Governors shall award the university funding for this
483 purpose, as provided in the General Appropriations Act.
484 (6) PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
485 INITIATIVE.—The state research university that has attained the
486 second highest level on the academic and research excellence
487 standards identified in subsection (2), as verified by the Board
488 of Governors, shall submit to the Board of Governors a 5-year
489 benchmark plan with target rankings on key performance metrics
490 for national excellence. Upon the university’s meeting the
491 benchmark plan goals annually, the Board of Governors shall
492 award the university funding as provided in the General
493 Appropriations Act for the purpose of recruiting National
494 Academy Members, expediting the provision of a masters degree in
495 cloud virtualization, and instituting an entrepreneurs-in
496 residence program throughout its campus.
497 (7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
498 REQUIREMENT AUTHORITY.—In order to provide a jointly shared
499 educational experience, a university that is designated a
500 preeminent state research university may require its incoming
501 first-time-in-college students to take a 9-to-12-credit set of
502 unique courses specifically determined by the university and
503 published on the university’s website. The university may
504 stipulate that credit for such courses may not be earned through
505 any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
506 or any other transfer credit. All accelerated credits earned up
507 to the limits specified in ss. 1007.27 and 1007.271 shall be
508 applied toward graduation at the student’s request.
509 (8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
510 AUTHORITY.—The Board of Governors is encouraged to identify and
511 grant all reasonable, feasible authority and flexibility to
512 ensure that a designated preeminent state research university is
513 free from unnecessary restrictions.
514 (9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE UNIVERSITY
515 SYSTEM.—The Board of Governors is encouraged to establish
516 standards and measures whereby individual programs in state
517 universities which objectively reflect national excellence can
518 be identified and make recommendations to the Legislature as to
519 how any such programs could be enhanced and promoted.
520 Section 5. Subsection (11) of section 1004.02, Florida
521 Statutes, is amended to read:
522 1004.02 Definitions.—As used in this chapter:
523 (11) “Developmental education” “College-preparatory
524 instruction” means instruction courses through which a high
525 school graduate who applies for and enrolls in any college
526 credit program may attain the communication and computation
527 skills necessary to perform college-level work while also
528 enrolled enroll in college credit instruction.
529 Section 6. Section 1004.43, Florida Statutes, is amended to
530 read:
531 1004.43 H. Lee Moffitt Cancer Center and Research
532 Institute.—There is established the H. Lee Moffitt Cancer Center
533 and Research Institute, a statewide resource for basic and
534 clinical research and multidisciplinary approaches to patient
535 care.
536 (1) The Board of Trustees of the University of South
537 Florida Governors shall enter into a lease an agreement for the
538 use utilization of the lands and facilities on the campus of the
539 University of South Florida to be known as the H. Lee Moffitt
540 Cancer Center and Research Institute, including all furnishings,
541 equipment, and other chattels used in the operation of such
542 facilities, with a Florida not-for-profit corporation organized
543 solely for the purpose of governing and operating the H. Lee
544 Moffitt Cancer Center and Research Institute. The lease
545 agreement with the not-for-profit corporation must be rent free
546 so long as the not-for-profit corporation and its subsidiaries
547 use the lands and facilities primarily for research, education,
548 treatment, prevention, and the early detection of cancer or for
549 teaching and research programs conducted by the state
550 universities or other accredited medical schools or research
551 institutes. The lease agreement must provide for review of
552 construction plans and specifications by the university for
553 consistency with the university’s campus master plan, impact on
554 the university’s utilities infrastructure, and compliance with
555 applicable building code and general design characteristics and
556 compatibility with university architecture, as appropriate. The
557 not-for-profit corporation may, with the prior approval of the
558 Board of Governors, create either for-profit or not-for-profit
559 corporate subsidiaries, or both, to fulfill its mission. The
560 not-for-profit corporation and any approved not-for-profit
561 subsidiary are shall be conclusively deemed corporations
562 primarily acting as instrumentalities of the state, pursuant to
563 s. 768.28(2), for purposes of sovereign immunity. For-profit
564 subsidiaries of the not-for-profit corporation may not compete
565 with for-profit health care providers in the delivery of
566 radiation therapy services to patients. The not-for-profit
567 corporation and its subsidiaries may are authorized to receive,
568 hold, invest, and administer property and any moneys received
569 from private, local, state, and federal sources, as well as
570 technical and professional income generated or derived from
571 practice activities of the institute, for the benefit of the
572 institute and the fulfillment of its mission. The affairs of the
573 corporation shall be managed by a board of directors who shall
574 serve without compensation. The President of the University of
575 South Florida and the chair of the Board of Governors, or his or
576 her designee, shall be directors of the not-for-profit
577 corporation, together with 5 representatives of the state
578 universities and no more than 14 nor fewer than 10 directors who
579 are not medical doctors or state employees. Each director has
580 shall have only one vote, serves shall serve a term of 3 years,
581 and may be reelected to the board. Other than the President of
582 the University of South Florida and the chair of the Board of
583 Governors, directors shall be elected by a majority vote of the
584 board. The chair of the board of directors shall be selected by
585 majority vote of the directors.
586 (2) The Board of Governors shall provide in the agreement
587 with the not-for-profit corporation for the following:
588 (a) Approval of the articles of incorporation of the not
589 for-profit corporation by the Board of Governors.
590 (b) Approval of the articles of incorporation of any not
591 for-profit corporate subsidiary created by the not-for-profit
592 corporation.
593 (c) Utilization of lands, facilities, and personnel by the
594 not-for-profit corporation and its subsidiaries for research,
595 education, treatment, prevention, and the early detection of
596 cancer and for mutually approved teaching and research programs
597 conducted by the state universities or other accredited medical
598 schools or research institutes.
599 (2)(d) The not-for-profit corporation shall cause the
600 Preparation of an annual financial audits audit of the not-for
601 profit corporation’s accounts and records to be prepared and the
602 accounts and records of any subsidiaries to be conducted by an
603 independent certified public accountant. Each The annual
604 financial audit report must shall include a management letter,
605 as defined in s. 11.45, and must shall be submitted to the
606 Auditor General and the Board of Governors. The Board of
607 Governors, the Auditor General, and the Office of Program Policy
608 Analysis and Government Accountability may shall have the
609 authority to require and receive from the not-for-profit
610 corporation and any subsidiaries or from their independent
611 auditor any detail or supplemental data relative to the
612 operation of the not-for-profit corporation or subsidiary.
613 (e) Provision by The not-for-profit corporation and its
614 subsidiaries shall provide of equal employment opportunities to
615 all persons regardless of race, color, religion, sex, age, or
616 national origin.
617 (3) The Board of Governors may is authorized to secure
618 comprehensive general liability protection, including
619 professional liability protection, for the not-for-profit
620 corporation and its subsidiaries pursuant to s. 1004.24. The
621 not-for-profit corporation and its subsidiaries are shall be
622 exempt from any participation in any property insurance trust
623 fund established by law, including any property insurance trust
624 fund established pursuant to chapter 284, so long as the not
625 for-profit corporation and its subsidiaries maintain property
626 insurance protection with comparable or greater coverage limits.
627 (4) If In the event that the agreement between the not-for
628 profit corporation and the Board of Trustees of the University
629 of South Florida Governors is terminated for any reason, the
630 Board of Governors shall resume governance and operation of such
631 facilities.
632 (5) The institute shall be administered by a chief
633 executive officer who serves shall serve at the pleasure of the
634 board of directors of the not-for-profit corporation and who has
635 shall have the following powers and duties subject to the
636 approval of the board of directors:
637 (a) The chief executive officer shall establish programs
638 that which fulfill the mission of the institute in research,
639 education, treatment, prevention, and the early detection of
640 cancer; however, the chief executive officer may shall not
641 establish academic programs for which academic credit is awarded
642 and which terminate in the conference of a degree without prior
643 approval of the Board of Governors.
644 (b) The chief executive officer has shall have control over
645 the budget and the dollars appropriated or donated to the
646 institute from private, local, state, and federal sources, as
647 well as technical and professional income generated or derived
648 from practice activities of the not-for-profit corporation and
649 its subsidiaries. Technical and professional income generated
650 from practice activities may be shared between the not-for
651 profit corporation and its subsidiaries as determined by the
652 chief executive officer. However, professional income generated
653 by state university employees from practice activities at the
654 not-for-profit corporation and its subsidiaries must shall be
655 shared between the university and the not-for-profit corporation
656 and its subsidiaries only as determined by the chief executive
657 officer and the appropriate university dean or vice president.
658 (c) The chief executive officer shall appoint members to
659 carry out the research, patient care, and educational activities
660 of the institute and determine compensation, benefits, and terms
661 of service. Members of the institute are shall be eligible to
662 hold concurrent appointments at affiliated academic
663 institutions. State university faculty are shall be eligible to
664 hold concurrent appointments at the institute.
665 (d) The chief executive officer has shall have control over
666 the use and assignment of space and equipment within the
667 facilities.
668 (e) The chief executive officer has shall have the power to
669 create the administrative structure necessary to carry out the
670 mission of the institute.
671 (f) The chief executive officer shall report annually have
672 a reporting relationship to the Board of Governors or its
673 designee on the educational activities of the not-for-profit
674 corporation.
675 (g) The chief executive officer shall provide a copy of the
676 institute’s annual report to the Governor and Cabinet, the
677 President of the Senate, the Speaker of the House of
678 Representatives, and the chair of the Board of Governors.
679 (6) The board of directors of the not-for-profit
680 corporation shall create an external advisory board a council of
681 scientific advisers to the chief executive officer comprised of
682 leading researchers, physicians, and scientists. This board
683 council shall review programs and recommend research priorities
684 and initiatives so as to maximize the state’s investment in the
685 institute. The board council shall be appointed by the board of
686 directors of the not-for-profit corporation. Each member of the
687 board council shall be appointed to serve a 2-year term and may
688 be reappointed to the council.
689 (7) In carrying out the provisions of this section, the
690 not-for-profit corporation and its subsidiaries are not
691 “agencies” within the meaning of s. 20.03(11).
692 (8)(a) Records of the not-for-profit corporation and of its
693 subsidiaries are public records unless made confidential or
694 exempt by law.
695 (b) Proprietary confidential business information is
696 confidential and exempt from the provisions of s. 119.07(1) and
697 s. 24(a), Art. I of the State Constitution. However, the Auditor
698 General, the Office of Program Policy Analysis and Government
699 Accountability, and the Board of Governors, pursuant to their
700 oversight and auditing functions, must be given access to all
701 proprietary confidential business information upon request and
702 without subpoena and must maintain the confidentiality of
703 information so received. As used in this paragraph, the term
704 “proprietary confidential business information” means
705 information, regardless of its form or characteristics, which is
706 owned or controlled by the not-for-profit corporation or its
707 subsidiaries; is intended to be and is treated by the not-for
708 profit corporation or its subsidiaries as private and the
709 disclosure of which would harm the business operations of the
710 not-for-profit corporation or its subsidiaries; has not been
711 intentionally disclosed by the corporation or its subsidiaries
712 unless pursuant to law, an order of a court or administrative
713 body, a legislative proceeding pursuant to s. 5, Art. III of the
714 State Constitution, or a private agreement that provides that
715 the information may be released to the public; and which is
716 information concerning:
717 1. Internal auditing controls and reports of internal
718 auditors;
719 2. Matters reasonably encompassed in privileged attorney
720 client communications;
721 3. Contracts for managed-care arrangements, including
722 preferred provider organization contracts, health maintenance
723 organization contracts, and exclusive provider organization
724 contracts, and any documents directly relating to the
725 negotiation, performance, and implementation of any such
726 contracts for managed-care arrangements;
727 4. Bids or other contractual data, banking records, and
728 credit agreements the disclosure of which would impair the
729 efforts of the not-for-profit corporation or its subsidiaries to
730 contract for goods or services on favorable terms;
731 5. Information relating to private contractual data, the
732 disclosure of which would impair the competitive interest of the
733 provider of the information;
734 6. Corporate officer and employee personnel information;
735 7. Information relating to the proceedings and records of
736 credentialing panels and committees and of the governing board
737 of the not-for-profit corporation or its subsidiaries relating
738 to credentialing;
739 8. Minutes of meetings of the governing board of the not
740 for-profit corporation and its subsidiaries, except minutes of
741 meetings open to the public pursuant to subsection (9);
742 9. Information that reveals plans for marketing services
743 that the corporation or its subsidiaries reasonably expect to be
744 provided by competitors;
745 10. Trade secrets as defined in s. 688.002, including:
746 a. Information relating to methods of manufacture or
747 production, potential trade secrets, potentially patentable
748 materials, or proprietary information received, generated,
749 ascertained, or discovered during the course of research
750 conducted by the not-for-profit corporation or its subsidiaries;
751 and
752 b. Reimbursement methodologies or rates;
753 11. The identity of donors or prospective donors of
754 property who wish to remain anonymous or any information
755 identifying such donors or prospective donors. The anonymity of
756 these donors or prospective donors must be maintained in the
757 auditor’s report; or
758 12. Any information received by the not-for-profit
759 corporation or its subsidiaries from an agency in this or
760 another state or nation or the Federal Government which is
761 otherwise exempt or confidential pursuant to the laws of this or
762 another state or nation or pursuant to federal law.
763
764 As used in this paragraph, the term “managed care” means systems
765 or techniques generally used by third-party payors or their
766 agents to affect access to and control payment for health care
767 services. Managed-care techniques most often include one or more
768 of the following: prior, concurrent, and retrospective review of
769 the medical necessity and appropriateness of services or site of
770 services; contracts with selected health care providers;
771 financial incentives or disincentives related to the use of
772 specific providers, services, or service sites; controlled
773 access to and coordination of services by a case manager; and
774 payor efforts to identify treatment alternatives and modify
775 benefit restrictions for high-cost patient care.
776 (9) Meetings of the governing board of the not-for-profit
777 corporation and meetings of the subsidiaries of the not-for
778 profit corporation at which the expenditure of dollars
779 appropriated to the not-for-profit corporation by the state are
780 discussed or reported must remain open to the public in
781 accordance with s. 286.011 and s. 24(b), Art. I of the State
782 Constitution, unless made confidential or exempt by law. Other
783 meetings of the governing board of the not-for-profit
784 corporation and of the subsidiaries of the not-for-profit
785 corporation are exempt from s. 286.011 and s. 24(b), Art. I of
786 the State Constitution.
787 (10) In addition to the continuing appropriation to the
788 institute provided in s. 210.20(2), any appropriation to the
789 institute provided in a general appropriations act shall be paid
790 directly to the board of directors of the not-for-profit
791 corporation by warrant drawn by the Chief Financial Officer from
792 the State Treasury.
793 Section 7. Section 1004.58, Florida Statutes, is repealed.
794 Section 8. Subsection (4) of section 1004.93, Florida
795 Statutes, is amended to read:
796 1004.93 Adult general education.—
797 (4)(a) Adult general education shall be evaluated and
798 funded as provided in s. 1011.80.
799 (b) Fees for adult basic instruction are to be charged in
800 accordance with chapter 1009.
801 (c) The State Board of Education shall define, by rule, the
802 levels and courses of instruction to be funded through the
803 college-preparatory program. The state board shall coordinate
804 the establishment of costs for college-preparatory courses, the
805 establishment of statewide standards that define required levels
806 of competence, acceptable rates of student progress, and the
807 maximum amount of time to be allowed for completion of college
808 preparatory instruction. College-preparatory instruction is part
809 of an associate in arts degree program and may not be funded as
810 an adult career education program.
811 (d) Expenditures for college-preparatory and lifelong
812 learning students shall be reported separately. Allocations for
813 college-preparatory courses shall be based on proportional full
814 time equivalent enrollment. Program review results shall be
815 included in the determination of subsequent allocations. A
816 student shall be funded to enroll in the same college
817 preparatory class within a skill area only twice, after which
818 time the student shall pay 100 percent of the full cost of
819 instruction to support the continuous enrollment of that student
820 in the same class; however, students who withdraw or fail a
821 class due to extenuating circumstances may be granted an
822 exception only once for each class, provided approval is granted
823 according to policy established by the board of trustees. Each
824 Florida College System institution shall have the authority to
825 review and reduce payment for increased fees due to continued
826 enrollment in a college-preparatory class on an individual basis
827 contingent upon the student’s financial hardship, pursuant to
828 definitions and fee levels established by the State Board of
829 Education. College-preparatory and lifelong learning courses do
830 not generate credit toward an associate or baccalaureate degree.
831 (c)(e) A district school board or a Florida College System
832 institution board of trustees may negotiate a contract with the
833 regional workforce board for specialized services for
834 participants in the welfare transition program, beyond what is
835 routinely provided for the general public, to be funded by the
836 regional workforce board.
837 Section 9. Section 1006.735, Florida Statutes, is amended
838 to read:
839 1006.735 Complete Florida Degree Program Completion Pilot
840 Project.—
841 (1) The Complete Florida Degree Program Completion Pilot
842 Project is established for the purpose of recruiting,
843 recovering, and retaining the state’s adult learners and
844 assisting them in completing an associate degree or a
845 baccalaureate degree that is aligned to high-wage, high-skill
846 workforce needs. As used in this section, the term “adult
847 learner” means a student who has successfully completed college
848 level coursework in multiple semesters but has left an
849 institution in good standing before completing his or her
850 degree. The program pilot project shall give priority to adult
851 learners who are veterans or active duty members of the United
852 States Armed Forces.
853 (2) The Complete Florida Degree Program pilot project shall
854 be implemented by the University of West Florida, acting as the
855 lead institution, in coordination with; the University of South
856 Florida; Florida State College System institutions, state
857 universities, and private postsecondary institutions, as
858 appropriate. The program must at Jacksonville; and St.
859 Petersburg College and shall include the associate, applied
860 baccalaureate, and baccalaureate degree programs that these
861 institutions have selected. Other partnering public
862 postsecondary education institutions shall provide areas of
863 specialization or concentration.
864 (3) For purposes of selecting the degree programs that will
865 be given priority in the Complete Florida Degree Program pilot
866 project, the institutions identified in subsection (2) shall
867 partner with public and private job recruitment and placement
868 agencies and use labor market data and projections to identify
869 the specific workforce needs and targeted occupations of the
870 state.
871 (4) The Complete Florida Degree Program pilot project shall
872 provide adult learners with a single point of access to
873 information and links to innovative online and accelerated
874 distance learning courses, student and library support services,
875 and electronic resources that will guide the adult learner
876 toward the successful completion of a postsecondary degree.
877 (5) Beginning with the 2013-2014 2012-2013 academic year,
878 the Complete Florida Degree Program pilot project shall be
879 implemented and must:
880 (a) Use the distance learning course catalog established
881 pursuant to s. 1006.73 to communicate course availability to the
882 adult learner.
883 (b) Develop and implement an advising and student support
884 system that includes the use of degree completion specialists,
885 is based upon best practices and processes, and includes
886 academic and career support services designed specifically for
887 the adult learner. The program must identify proposed changes to
888 the statewide computer-assisted student advising system
889 established pursuant to s. 1006.73 to assist the adult learner
890 in using the system.
891 (c) Use the streamlined, automated, online admissions
892 application process for transient students established pursuant
893 to s. 1006.73. The Complete Florida Degree Program pilot project
894 shall identify any additional admissions and registration
895 policies and practices that could be further streamlined and
896 automated for purposes of assisting the adult learner.
897 (d) Use existing and, if necessary, develop new competency
898 based instructional and evaluation tools to assess prior
899 performance, experience, and education for the award of college
900 credit in order to reduce the time required for adult learners
901 to complete their degrees. The tools may include the use of the
902 American Council on Education’s collaborative link between the
903 United States Department of Defense and higher education through
904 the review of military training and experiences for the award of
905 equivalent college credit for members of the United States Armed
906 Forces.
907 (e) Develop and implement an evaluation process that
908 collects, analyzes, and provides to the participating
909 postsecondary education institutions, the chairs of the
910 legislative appropriations committees, and the Executive Office
911 of the Governor information on the effectiveness of the program
912 pilot project and the attainment of its goals. Such a process
913 must shall include a management information system that collects
914 the appropriate student, programmatic, and fiscal data necessary
915 to complete the evaluation of the program pilot project.
916 Institutions involved in the program pilot project shall also
917 collect job placement and employment data on the adult learners
918 who have completed their degrees as a result of the program
919 pilot project.
920 (f) Develop and implement a statewide marketing campaign
921 targeted toward recruiting adult learners, particularly veterans
922 and active duty members of the United States Armed Forces, for
923 enrollment in the degree programs offered through the program
924 pilot project.
925 (6) For purposes of the Complete Florida Degree Program
926 pilot project, each institution’s current tuition and fee
927 structure shall be used. However, all participating institutions
928 shall collaboratively identify the applicable cost components
929 involved in the development and delivery of distance learning
930 courses, collect information on these cost components, and
931 submit the information to the Florida Virtual Campus. The
932 chancellors of the Florida College System. The chancellors and
933 the State University System shall submit a report to the chairs
934 of the legislative appropriations committees no later than
935 December 31, 2014 2013, on the need for a differentiated tuition
936 and fee structure for the development and delivery of distance
937 learning courses.
938 (7) The University of West Florida, in collaboration with
939 its partners the University of South Florida, Florida State
940 College at Jacksonville, and St. Petersburg College, shall
941 submit to the chairs of the legislative appropriations
942 committees no later than September 1, 2013 June 1, 2012, a
943 detailed project plan that defines the major work activities,
944 student eligibility criteria, timeline, and cost for
945 implementing the Complete Florida Degree Program pilot project.
946 (8) The University of West Florida, in collaboration with
947 the University of South Florida, Florida State College at
948 Jacksonville, and St. Petersburg College, shall develop and
949 implement a transition plan that transfers the administration of
950 the pilot project to the Florida Virtual Campus no later than
951 June 30, 2013.
952 Section 10. Subsection (3) of section 1007.23, Florida
953 Statutes, is amended to read:
954 1007.23 Statewide articulation agreement.—
955 (3) To improve articulation and reduce excess credit hours,
956 beginning with students initially entering a Florida College
957 System institution in 2013-2014 and thereafter, the articulation
958 agreement must require each student who is seeking an associate
959 in arts degree to indicate a baccalaureate degree program
960 offered by an institution of interest by the time the student
961 earns 36 30 semester hours. The institution in which the student
962 is enrolled shall inform the student of the prerequisites for
963 the baccalaureate degree program offered by an institution of
964 interest.
965 Section 11. Subsections (3), (6), (7), (8), and (10) of
966 section 1007.25, Florida Statutes, are amended to read:
967 1007.25 General education courses; common prerequisites;
968 other degree requirements.—
969 (3) The chair of the State Board of Education and the chair
970 of the Board of Governors, or their designees, shall jointly
971 appoint faculty committees to identify statewide general
972 education core course options. General education core course
973 options must shall consist of a maximum of five courses within
974 each of the subject areas of communication, mathematics, social
975 sciences, humanities, and natural sciences. The core courses may
976 be revised or the five-course cap within each subject area may
977 be exceeded if approved by the State Board of Education and the
978 Board of Governors, as recommended by the subject area faculty
979 committee and approved by the Articulation Coordinating
980 Committee, as necessary for a subject area. Each general
981 education core course option must contain high-level academic
982 and critical thinking skills and common competencies that
983 students must demonstrate to successfully complete the course.
984 Beginning with students initially entering a Florida College
985 System institution or state university in 2015-2016 2014-2015
986 and thereafter, each student must complete at least one
987 identified core course in each subject area as part of the
988 general education course requirements. All public postsecondary
989 educational institutions shall offer and accept these courses as
990 meeting general education core course requirements. The
991 remaining general education course requirements shall be
992 identified by each institution and reported to the department by
993 their statewide course number. The general education core course
994 options shall be adopted in rule by the State Board of Education
995 and in regulation by the Board of Governors.
996 (6) The universities and Florida College System
997 institutions shall work with their respective school districts
998 to ensure that high school curricula coordinate with the general
999 education curricula and to prepare students for college-level
1000 work. General education curricula for associate in arts programs
1001 shall be identified by each institution and, beginning with
1002 students initially entering a Florida College System institution
1003 or state university in 2014-2015 and thereafter, shall include
1004 36 30 semester hours in the subject areas of communication,
1005 mathematics, social sciences, humanities, and natural sciences.
1006 (7) An associate in arts degree may not shall require no
1007 more than 60 semester hours of college credit and must,
1008 beginning with students initially entering a Florida College
1009 System institution or state university in 2014-2015 and
1010 thereafter, include 36 30 semester hours of general education
1011 coursework. Beginning with students initially entering a Florida
1012 College System institution or state university in 2014-2015 and
1013 thereafter, coursework for an associate in arts degree must
1014 include and demonstration of competency in a foreign language
1015 pursuant to s. 1007.262. Except for developmental education
1016 provided college-preparatory coursework required pursuant to s.
1017 1008.30, all required coursework counts shall count toward the
1018 associate in arts degree or the baccalaureate degree.
1019 (8) A baccalaureate degree program shall require no more
1020 than 120 semester hours of college credit and, beginning with
1021 students initially entering a Florida College System institution
1022 or state university in 2014-2015 and thereafter, include 36 30
1023 semester hours of general education coursework, unless prior
1024 approval has been granted by the Board of Governors for
1025 baccalaureate degree programs offered by state universities and
1026 by the State Board of Education for baccalaureate degree
1027 programs offered by Florida College System institutions.
1028 (10) Students at state universities may request associate
1029 in arts certificates if they have successfully completed the
1030 minimum requirements for the degree of associate in arts (A.A.).
1031 The university must grant the student an associate in arts
1032 degree if the student has successfully completed minimum
1033 requirements for college-level communication and computation
1034 skills adopted by the State Board of Education and 60 academic
1035 semester hours or the equivalent within a degree program area
1036 and including 36, beginning with students initially entering a
1037 Florida College System institution or state university in 2014
1038 2015 and thereafter, include 30 semester hours in general
1039 education courses in the subject areas of communication,
1040 mathematics, social sciences, humanities, and natural sciences,
1041 consistent with the general education requirements specified in
1042 the articulation agreement pursuant to s. 1007.23.
1043 Section 12. Section 1007.263, Florida Statutes, is amended
1044 to read:
1045 1007.263 Florida College System institutions; admissions of
1046 students.—Each Florida College System institution board of
1047 trustees may is authorized to adopt rules governing admissions
1048 of students subject to this section and rules of the State Board
1049 of Education. These rules must shall include the following:
1050 (1) Admissions counseling must shall be provided to all
1051 students entering college or career credit programs. Counseling
1052 must use shall utilize tests to measure achievement of college
1053 level communication and computation competencies by all students
1054 entering college credit programs or tests to measure achievement
1055 of basic skills for career education programs as prescribed in
1056 s. 1004.91. Counseling includes providing developmental
1057 education options for students whose assessment results,
1058 determined under s. 1008.30, indicate that they need to improve
1059 communication or computation skills that are essential to
1060 perform college-level work.
1061 (2) Admission to associate degree programs is subject to
1062 minimum standards adopted by the State Board of Education and
1063 requires shall require:
1064 (a) A standard high school diploma, a high school
1065 equivalency diploma as prescribed in s. 1003.435, previously
1066 demonstrated competency in college credit postsecondary
1067 coursework, or, in the case of a student who is home educated, a
1068 signed affidavit submitted by the student’s parent or legal
1069 guardian attesting that the student has completed a home
1070 education program pursuant to the requirements of s. 1002.41.
1071 Students who are enrolled in a dual enrollment or early
1072 admission program pursuant to s. 1007.271 are exempt from this
1073 requirement.
1074 (b) A demonstrated level of achievement of college-level
1075 communication and computation skills.
1076 (c) Any other requirements established by the board of
1077 trustees.
1078 (3) Admission to other programs within the Florida College
1079 System institution must shall include education requirements as
1080 established by the board of trustees.
1081 (4) A student who has been awarded a special diploma as
1082 defined in s. 1003.438 or a certificate of completion as defined
1083 in s. 1003.43(10) is eligible to enroll in certificate career
1084 education programs.
1085 (5) A student who has with a documented disability may be
1086 eligible for reasonable substitutions, as prescribed in ss.
1087 1007.264 and 1007.265.
1088
1089 Each board of trustees shall establish policies that notify
1090 students about developmental education options for improving
1091 their communication or computation skills that are essential to
1092 performing college-level work, including tutoring, extended time
1093 in gateway courses, free online courses and place students into,
1094 adult basic education, adult secondary education, or other
1095 instructional programs that provide students with alternatives
1096 to traditional college-preparatory instruction, including
1097 private provider instruction. A student is prohibited from
1098 enrolling in additional college-level courses until the student
1099 scores above the cut-score on all sections of the common
1100 placement test.
1101 Section 13. Subsections (2) and (14) of section 1007.271,
1102 Florida Statutes, are amended to read:
1103 1007.271 Dual enrollment programs.—
1104 (2) For the purpose of this section, an eligible secondary
1105 student is a student who is enrolled in a Florida public
1106 secondary school or in a Florida private secondary school which
1107 is in compliance with s. 1002.42(2) and provides a secondary
1108 curriculum pursuant to s. 1003.428, s. 1003.429, or s. 1003.43.
1109 Students who are eligible for dual enrollment pursuant to this
1110 section may enroll in dual enrollment courses conducted during
1111 school hours, after school hours, and during the summer term.
1112 However, if the student is projected to graduate from high
1113 school before the scheduled completion date of a postsecondary
1114 course, the student may not register for that course through
1115 dual enrollment. The student may apply to the postsecondary
1116 institution and pay the required registration, tuition, and fees
1117 if the student meets the postsecondary institution’s admissions
1118 requirements under s. 1007.263. Instructional time for dual
1119 enrollment may vary from 900 hours; however, the school district
1120 may only report the student for a maximum of 1.0 FTE, as
1121 provided in s. 1011.61(4). Any student enrolled as a dual
1122 enrollment student is exempt from the payment of registration,
1123 tuition, and laboratory fees. Vocational-preparatory
1124 instruction, developmental education college-preparatory
1125 instruction, and other forms of precollegiate instruction, as
1126 well as physical education courses that focus on the physical
1127 execution of a skill rather than the intellectual attributes of
1128 the activity, are ineligible for inclusion in the dual
1129 enrollment program. Recreation and leisure studies courses shall
1130 be evaluated individually in the same manner as physical
1131 education courses for potential inclusion in the program.
1132 (14) The Department of Education shall approve any course
1133 for inclusion in the dual enrollment program that is contained
1134 within the statewide course numbering system. However,
1135 developmental education college-preparatory and other forms of
1136 precollegiate instruction, and physical education and other
1137 courses that focus on the physical execution of a skill rather
1138 than the intellectual attributes of the activity, may not be so
1139 approved but must be evaluated individually for potential
1140 inclusion in the dual enrollment program. This subsection may
1141 not be construed to mean that an independent postsecondary
1142 institution eligible for inclusion in a dual enrollment or early
1143 admission program pursuant to s. 1011.62 must participate in the
1144 statewide course numbering system developed pursuant to s.
1145 1007.24 to participate in a dual enrollment program.
1146 Section 14. Section 1008.02, Florida Statutes, is created
1147 to read:
1148 1008.02 Definitions.—As used in this chapter, the term:
1149 (1) “Accelerated course structure” means a course or strand
1150 of study that accelerates the progress of students in
1151 developmental education through self-paced attainment of
1152 specific skills.
1153 (2) “Corequisite education” means developmental education
1154 that is deployed through a variety of classroom, online, or
1155 blended instructional strategies and offered concurrently with
1156 college credit instruction. The term includes, but is not
1157 limited to:
1158 (a) Compressed or modularized instruction or coaching that
1159 supplements credit instruction.
1160 (b) Embedded content in a modified or extended credit
1161 bearing course intended to contextualize or accelerate credit
1162 attainment.
1163 (3) “Developmental education” means instruction through
1164 which a high school graduate who applies for any college credit
1165 program may attain the communication and computation skills
1166 necessary to successfully complete college credit instruction.
1167 Developmental education may not be offered as a noncredit course
1168 for which a student pays tuition but must be offered corequisite
1169 to a gateway course.
1170 (4) “Gateway course” means the first course that provides
1171 transferable, college-level credit allowing students to progress
1172 in their program of study.
1173 (5) “Mastery-based education” means customized, targeted
1174 instruction that addresses specific skills gaps.
1175 (6) “Meta-major” means a collection of programs of study or
1176 academic discipline groupings that share common foundational
1177 skills.
1178 Section 15. Section 1008.30, Florida Statutes, is amended
1179 to read:
1180 1008.30 Common placement testing for public postsecondary
1181 education.—
1182 (1) The State Board of Education, in conjunction with the
1183 Board of Governors, shall develop and implement a common
1184 placement test for the purpose of assessing the basic
1185 computation and communication skills of students who intend to
1186 enter a degree program at any public postsecondary educational
1187 institution. Alternative assessments that may be accepted in
1188 lieu of the common placement test shall also be identified in
1189 rule. Public postsecondary educational institutions shall
1190 provide appropriate modifications of the test instruments or
1191 test procedures for students with disabilities.
1192 (2) By October 1, 2013, the State Board of Education in
1193 conjunction with the Board of Governors shall approve a series
1194 of meta-majors, academic pathways, and degree maps that identify
1195 the gateway courses required for success in each meta-major.
1196 Results from the common placement test, the alternative
1197 assessments that may be used in lieu of the common placement
1198 test, and achievements that may be considered by institutional
1199 boards of trustees, as adopted by state board rule, shall be
1200 used to diagnose a student’s readiness for his or her chosen
1201 meta-major and to provide academic counseling to the student
1202 concerning options for attaining the necessary skills through
1203 developmental education while enrolled in credit courses.
1204 (3)(2) The common placement testing program must shall
1205 include at a minimum the following: the capacity to diagnose
1206 basic competencies in the areas of English, reading, and
1207 mathematics which are essential for success in meta-majors and
1208 to provide to perform college-level work; prerequisite skills
1209 that relate to progressively advanced instruction in
1210 mathematics, such as algebra and geometry; prerequisite skills
1211 that relate to progressively advanced instruction in language
1212 arts, such as English composition and literature; and provision
1213 of test information to students on the specific skills the
1214 student needs to attain deficiencies.
1215 (4)(3) The State Board of Education shall adopt rules that
1216 require high schools to evaluate before the beginning of grade
1217 12 the college readiness of each student who scores at Level 2
1218 or Level 3 on the reading portion of the grade 10 FCAT Reading
1219 or Level 2, Level 3, or Level 4 on the Algebra I mathematics
1220 assessments under s. 1008.22 s. 1008.22(3)(c). High schools
1221 shall perform this evaluation using results from the
1222 corresponding component of the common placement test prescribed
1223 in this section, or an alternative equivalent test identified by
1224 the State Board of Education. The State Board of Education shall
1225 identify in rule the assessments necessary to perform the
1226 evaluations required by this subsection and shall work with the
1227 school districts to administer the assessments. The State Board
1228 of Education shall establish by rule the minimum test scores a
1229 student must achieve to demonstrate readiness. Students who
1230 demonstrate readiness by achieving the minimum test scores
1231 established by the state board and enroll in a Florida College
1232 System institution within 2 years of achieving such scores shall
1233 not be required to retest or enroll in remediation when admitted
1234 to any Florida College System institution. The high school shall
1235 use the results of the test to advise the students of any
1236 identified deficiencies and to provide 12th grade students, and
1237 require them to complete, appropriate postsecondary preparatory
1238 instruction prior to high school graduation. The curriculum
1239 provided under this subsection shall be identified in rule by
1240 the State Board of Education and encompass Florida’s
1241 Postsecondary Readiness Competencies. Other elective courses may
1242 not be substituted for the selected postsecondary reading,
1243 mathematics, or writing preparatory course unless the elective
1244 course covers the same competencies included in the
1245 postsecondary reading, mathematics, or writing, or English
1246 language arts preparatory course.
1247 (5)(4)(a) The State Board of Education shall establish by
1248 rule the test scores a student must achieve to demonstrate
1249 readiness to perform college-level work. Students who
1250 demonstrate readiness by achieving or exceeding the test scores
1251 established by the state board and enroll in a Florida College
1252 System institution within 2 years after achieving such scores
1253 may not be required to retest or complete developmental
1254 education when admitted to any Florida College System
1255 institution. Students who have been identified as requiring
1256 additional preparation pursuant to subsection (1) shall enroll
1257 in college-preparatory or other adult education pursuant to s.
1258 1004.93 in Florida College System institutions to develop needed
1259 college-entry skills. The State Board of Education shall specify
1260 by rule provisions for alternative remediation opportunities and
1261 retesting policies. These students shall be permitted to take
1262 courses within their degree program concurrently in other
1263 curriculum areas for which they are qualified while enrolled in
1264 college-preparatory instruction courses. A student enrolled in a
1265 college-preparatory course may concurrently enroll only in
1266 college credit courses that do not require the skills addressed
1267 in the college-preparatory course. A degree-seeking student who
1268 is required to complete a college-preparatory course must
1269 successfully complete the required college-preparatory studies
1270 by the time the student has accumulated 12 hours of lower
1271 division college credit degree coursework; however, a student
1272 may continue enrollment in degree-earning coursework provided
1273 the student maintains enrollment in college-preparatory
1274 coursework for each subsequent semester until college
1275 preparatory coursework requirements are completed, and provided
1276 the student demonstrates satisfactory performance in degree
1277 earning coursework. A student who has accumulated 12 college
1278 credit hours and has not yet demonstrated proficiency in the
1279 basic competency areas of reading, writing, and mathematics must
1280 be advised in writing of the requirements for associate degree
1281 completion and state university admission, including information
1282 about future financial aid eligibility and the potential costs
1283 of accumulating excessive college credit as described in s.
1284 1009.286. Before a student is considered to have met basic
1285 computation and communication skills requirements, the student
1286 must demonstrate successful mastery of the required
1287 developmental education competencies as defined in State Board
1288 of Education rule. Credit awarded for college-preparatory
1289 instruction may not be counted toward fulfilling the number of
1290 credits required for a degree.
1291 (6)(b) A university board of trustees may contract with a
1292 Florida College System institution board of trustees for the
1293 Florida College System institution to provide developmental
1294 education such instruction on the state university campus. Any
1295 state university in which the percentage of incoming students
1296 requiring developmental education college-preparatory
1297 instruction equals or exceeds the average percentage of such
1298 students for the Florida College System may offer such
1299 developmental education college-preparatory instruction without
1300 contracting with a Florida College System institution; however,
1301 any state university offering college-preparatory instruction as
1302 of January 1, 1996, may continue to provide such services.
1303 (7)(a)(5) The State Board of Education shall adopt rules by
1304 January 1, 2014, to implement developmental education. The rules
1305 must include:
1306 1. Student achievements that may be considered by
1307 institutional boards, such as performance on college placement
1308 tests, grade point averages, work history, military experience,
1309 career interests, degree major declaration, or any combination
1310 thereof.
1311 2. Recommended options for students performing at levels
1312 indicating adult education as an appropriate place for students
1313 to develop needed college-entry academic skills.
1314 3. Sufficient flexibility for local professional judgment
1315 and determinations of appropriate student options for achieving
1316 necessary skills.
1317 4. Limits on credit course enrollment for students
1318 indicating the need for preparatory assistance in two or more
1319 content areas.
1320 (b) Local policies and practices set by each Florida
1321 College System institution board of trustees must outline the
1322 student achievements considered by the institution for placement
1323 determinations, identify instructional options available to
1324 students, and describe student costs and financial aid
1325 opportunities associated with each instructional option.
1326 Instructional options must, at a minimum, provide for enrollment
1327 of a student in a credit course either with or without
1328 institutionally required corequisite education, mastery-based
1329 instruction or accelerated pathways for developing skills, or
1330 enrolling in adult education to attain needed skills, as chosen
1331 by the student. Policies and practices must specify limits on
1332 credit course enrollment for students indicating the need for
1333 preparatory assistance, outline retesting requirements, and
1334 identify options for students who choose to attain skills in
1335 adult education when such instruction is not provided by the
1336 Florida College System institution A student may not be enrolled
1337 in a college credit mathematics or English course on a dual
1338 enrollment basis unless the student has demonstrated adequate
1339 precollegiate preparation on the section of the basic
1340 computation and communication skills assessment required
1341 pursuant to subsection (1) that is appropriate for successful
1342 student participation in the course.
1343 Section 16. Section 1008.322, Florida Statutes, is created
1344 to read:
1345 1008.322 Board of Governors oversight enforcement
1346 authority.—
1347 (1) The Board of Governors of the State University System
1348 shall oversee the performance of state university boards of
1349 trustees in the enforcement of laws, rules, and regulations.
1350 State university boards of trustees shall be primarily
1351 responsible for compliance with laws and Board of Governors’
1352 rules and regulations.
1353 (2) The Board of Governors’ constitutional authority to
1354 operate, regulate, control, and be fully responsible for the
1355 management of the State University System mandates that the
1356 state universities comply with all requests by the Board of
1357 Governors for information, data, and reports. State university
1358 presidents are responsible for the accuracy of the information
1359 and data reported to the Board of Governors.
1360 (3) The Chancellor of the State University System may
1361 investigate allegations of noncompliance with law or Board of
1362 Governors’ rule or regulation and determine probable cause. The
1363 chancellor shall report determinations of probable cause to the
1364 Board of Governors, which may require the university board of
1365 trustees to document compliance with law or Board of Governors’
1366 rule or regulation.
1367 (4) If the university board of trustees cannot
1368 satisfactorily document compliance, the Board of Governors may
1369 order compliance within a specified timeframe.
1370 (5) If the Board of Governors determines that a state
1371 university board of trustees is unwilling or unable to comply
1372 with law or Board of Governors’ rule or regulation or an audit
1373 recommendation within the specified time, the Board of
1374 Governors, in addition to actions constitutionally authorized,
1375 may initiate any of the following actions:
1376 (a) Withhold the transfer of state funds, discretionary
1377 grant funds, discretionary lottery funds, or any other funds
1378 appropriated to the Board of Governors by the Legislature for
1379 disbursement to the state university until the university
1380 complies with the law or Board of Governors’ rule or regulation.
1381 (b) Declare the state university ineligible for competitive
1382 grants disbursed by the Board of Governors.
1383 (c) Require monthly or periodic reporting on the situation
1384 related to noncompliance until it is remedied.
1385 (d) Report to the Legislature that the state university is
1386 unwilling or unable to comply with law or Board of Governors’
1387 rule or regulation and recommend action to be taken by the
1388 Legislature.
1389 (6) This section does not create a private cause of action
1390 or create any rights for individuals or entities in addition to
1391 those provided elsewhere in law, rule, or regulation.
1392 Section 17. Subsection (3) of section 1008.34, Florida
1393 Statutes, is amended to read:
1394 1008.34 School grading system; school report cards;
1395 district grade.—
1396 (3) DESIGNATION OF SCHOOL GRADES.—
1397 (a) Each school that has students who are tested and
1398 included in the school grading system shall receive a school
1399 grade, except as follows:
1400 1. A school shall not receive a school grade if the number
1401 of its students tested and included in the school grading system
1402 is less than the minimum sample size necessary, based on
1403 accepted professional practice, for statistical reliability and
1404 prevention of the unlawful release of personally identifiable
1405 student data under s. 1002.22 or 20 U.S.C. s. 1232g.
1406 2. An alternative school may choose to receive a school
1407 grade under this section or a school improvement rating under s.
1408 1008.341. For charter schools that meet the definition of an
1409 alternative school pursuant to State Board of Education rule,
1410 the decision to receive a school grade is the decision of the
1411 charter school governing board.
1412 3. A school that serves any combination of students in
1413 kindergarten through grade 3 which does not receive a school
1414 grade because its students are not tested and included in the
1415 school grading system shall receive the school grade designation
1416 of a K-3 feeder pattern school identified by the Department of
1417 Education and verified by the school district. A school feeder
1418 pattern exists if at least 60 percent of the students in the
1419 school serving a combination of students in kindergarten through
1420 grade 3 are scheduled to be assigned to the graded school.
1421 (b)1. A school’s grade shall be based on a combination of:
1422 a. Student achievement scores, including achievement as
1423 measured by FCAT assessments under s. 1008.22(3)(c)1.,
1424 statewide, standardized end-of-course assessments under s.
1425 1008.22(3)(c)2.a. and b., and achievement scores for students
1426 seeking a special diploma.
1427 b. Student learning gains in reading and mathematics as
1428 measured by FCAT and statewide, standardized end-of-course
1429 assessments, as described in s. 1008.22(3)(c)1. and 2.a.,
1430 including learning gains for students seeking a special diploma,
1431 as measured by an alternate assessment.
1432 c. Improvement of the lowest 25th percentile of students in
1433 the school in reading and mathematics on the FCAT or end-of
1434 course assessments described in s. 1008.22(3)(c)2.a., unless
1435 these students are exhibiting satisfactory performance.
1436 2. Beginning with the 2011-2012 school year, for schools
1437 comprised of middle school grades 6 through 8 or grades 7 and 8,
1438 the school’s grade shall include the performance and
1439 participation of its students enrolled in high school level
1440 courses with end-of-course assessments administered under s.
1441 1008.22(3)(c)2.a. Performance and participation must be weighted
1442 equally, except that added weight must be given to students who
1443 participate as a component of a certified schoolwide college
1444 readiness system that includes enrollment in an elective class
1445 recognized in the Course Code Directory and designed to provide
1446 students who are taking college preparatory or advanced courses
1447 with academic instruction and other support. As valid data
1448 becomes available, the school grades shall include the students’
1449 attainment of national industry certification identified in the
1450 Industry Certification Funding List pursuant to rules adopted by
1451 the state board.
1452 3. Beginning with the 2009-2010 school year for schools
1453 comprised of high school grades 9, 10, 11, and 12, or grades 10,
1454 11, and 12, at least 50 percent of the school grade shall be
1455 based on a combination of the factors listed in sub
1456 subparagraphs 1.a.-c. and the remaining percentage on the
1457 following factors:
1458 a. The high school graduation rate of the school;
1459 b. As valid data becomes available, the performance and
1460 participation of the school’s students in College Board Advanced
1461 Placement courses, International Baccalaureate courses, dual
1462 enrollment courses, and Advanced International Certificate of
1463 Education courses; and the students’ achievement of national
1464 industry certification identified in the Industry Certification
1465 Funding List, pursuant to rules adopted by the state board;
1466 c. Postsecondary readiness of all of the school’s on-time
1467 graduates as measured by the SAT, the ACT, the Postsecondary
1468 Education Readiness Test, or the common placement test;
1469 d. The high school graduation rate of at-risk students, who
1470 are students scoring at Level 1 or Level 2 on grade 8 FCAT
1471 Reading and FCAT Mathematics;
1472 e. As valid data becomes available, the performance of the
1473 school’s students on statewide, standardized end-of-course
1474 assessments administered under s. 1008.22(3)(c)2.c. and d.; and
1475 f. The growth or decline in the components listed in sub
1476 subparagraphs a.-e. from year to year.
1477 (c) Student assessment data used in determining school
1478 grades shall include:
1479 1. The aggregate scores of all eligible students enrolled
1480 in the school who have been assessed on the FCAT and statewide,
1481 standardized end-of-course assessments in courses required for
1482 high school graduation, including, beginning with the 2011-2012
1483 school year, the end-of-course assessment in Algebra I; and
1484 beginning with the 2012-2013 school year, the end-of-course
1485 assessments in geometry and Biology I; and beginning with the
1486 2014-2015 school year, on the statewide, standardized end-of
1487 course assessment in civics education at the middle school
1488 level.
1489 2. The aggregate scores of all eligible students enrolled
1490 in the school who have been assessed on the FCAT and statewide,
1491 standardized end-of-course assessments as described in s.
1492 1008.22(3)(c)2.a., and who have scored at or in the lowest 25th
1493 percentile of students in the school in reading and mathematics,
1494 unless these students are exhibiting satisfactory performance.
1495 3. The achievement scores and learning gains of eligible
1496 students attending alternative schools that provide dropout
1497 prevention and academic intervention services pursuant to s.
1498 1003.53. The term “eligible students” in this subparagraph does
1499 not include students attending an alternative school who are
1500 subject to district school board policies for expulsion for
1501 repeated or serious offenses, who are in dropout retrieval
1502 programs serving students who have officially been designated as
1503 dropouts, or who are in programs operated or contracted by the
1504 Department of Juvenile Justice. The student performance data for
1505 eligible students identified in this subparagraph shall be
1506 included in the calculation of the home school’s grade. As used
1507 in this subparagraph and s. 1008.341, the term “home school”
1508 means the school to which the student would be assigned if the
1509 student were not assigned to an alternative school. If an
1510 alternative school chooses to be graded under this section,
1511 student performance data for eligible students identified in
1512 this subparagraph shall not be included in the home school’s
1513 grade but shall be included only in the calculation of the
1514 alternative school’s grade. A school district that fails to
1515 assign the FCAT and statewide, standardized end-of-course
1516 assessment as described in s. 1008.22(3)(c)2.a. scores of each
1517 of its students to his or her home school or to the alternative
1518 school that receives a grade shall forfeit Florida School
1519 Recognition Program funds for 1 fiscal year. School districts
1520 must require collaboration between the home school and the
1521 alternative school in order to promote student success. This
1522 collaboration must include an annual discussion between the
1523 principal of the alternative school and the principal of each
1524 student’s home school concerning the most appropriate school
1525 assignment of the student.
1526 4. The achievement scores and learning gains of students
1527 designated as hospital- or homebound. Student assessment data
1528 for students designated as hospital- or homebound shall be
1529 assigned to their home school for the purposes of school grades.
1530 As used in this subparagraph, the term “home school” means the
1531 school to which a student would be assigned if the student were
1532 not assigned to a hospital- or homebound program.
1533 5. For schools comprised of high school grades 9, 10, 11,
1534 and 12, or grades 10, 11, and 12, the data listed in
1535 subparagraphs 1.-3. and the following data as the Department of
1536 Education determines such data are valid and available:
1537 a. The high school graduation rate of the school as
1538 calculated by the department;
1539 b. The participation rate of all eligible students enrolled
1540 in the school and enrolled in College Board Advanced Placement
1541 courses; International Baccalaureate courses; dual enrollment
1542 courses; Advanced International Certificate of Education
1543 courses; and courses or sequences of courses leading to national
1544 industry certification identified in the Industry Certification
1545 Funding List, pursuant to rules adopted by the State Board of
1546 Education;
1547 c. The aggregate scores of all eligible students enrolled
1548 in the school in College Board Advanced Placement courses,
1549 International Baccalaureate courses, and Advanced International
1550 Certificate of Education courses;
1551 d. Earning of college credit by all eligible students
1552 enrolled in the school in dual enrollment programs under s.
1553 1007.271;
1554 e. Earning of a national industry certification identified
1555 in the Industry Certification Funding List, pursuant to rules
1556 adopted by the State Board of Education;
1557 f. The aggregate scores of all eligible students enrolled
1558 in the school in reading, mathematics, and other subjects as
1559 measured by the SAT, the ACT, the Postsecondary Education
1560 Readiness Test, and the common placement test for postsecondary
1561 readiness;
1562 g. The high school graduation rate of all eligible at-risk
1563 students enrolled in the school who scored at Level 2 or lower
1564 on grade 8 FCAT Reading and FCAT Mathematics;
1565 h. The performance of the school’s students on statewide,
1566 standardized end-of-course assessments administered under s.
1567 1008.22(3)(c)2.c. and d.; and
1568 i. The growth or decline in the data components listed in
1569 sub-subparagraphs a.-h. from year to year.
1570
1571 The State Board of Education shall adopt appropriate criteria
1572 for each school grade. The criteria must also give added weight
1573 to student achievement in reading and for students who
1574 participate in rigorous courses as described in sub-subparagraph
1575 5.b. as a part of a schoolwide college readiness system that
1576 includes enrollment in an elective class recognized in the
1577 Course Code Directory and designed to provide students who are
1578 taking college preparatory or advanced courses with academic
1579 instruction and other support. Schools earning a grade of “C,”
1580 making satisfactory progress, shall be required to demonstrate
1581 that adequate progress has been made by students in the school
1582 who are in the lowest 25th percentile in reading and mathematics
1583 on the FCAT and end-of-course assessments as described in s.
1584 1008.22(3)(c)2.a., unless these students are exhibiting
1585 satisfactory performance. For schools comprised of high school
1586 grades 9, 10, 11, and 12, or grades 10, 11, and 12, the criteria
1587 for school grades must also give added weight to the graduation
1588 rate of all eligible at-risk students. In order for a high
1589 school to earn a grade of “A,” the school must demonstrate that
1590 its at-risk students, as defined in this paragraph, are making
1591 adequate progress.
1592 Section 18. Subsection (2) of section 1008.37, Florida
1593 Statutes, is amended to read:
1594 1008.37 Postsecondary feedback of information to high
1595 schools.—
1596 (2) No later than November 30 of each year, the
1597 Commissioner of Education shall report, by high school, to the
1598 State Board of Education, the Board of Governors, and the
1599 Legislature, no later than November 30 of each year, on the
1600 number of prior-year prior year Florida high school graduates
1601 who enrolled for the first time in public postsecondary
1602 education in this state during the previous summer, fall, or
1603 spring term. The report must include, indicating the number of
1604 students whose scores on the common placement test that is
1605 required under s. 1008.30, indicate indicated the need to attain
1606 communication and computation skills through developmental
1607 education options offered by a public postsecondary institution
1608 or through for remediation through college-preparatory or
1609 vocational-preparatory instruction pursuant to s. 1004.91 or s.
1610 1008.30.
1611 Section 19. Paragraph (a) of subsection (3) of section
1612 1009.22, Florida Statutes, is amended to read:
1613 1009.22 Workforce education postsecondary student fees.—
1614 (3)(a) Except as otherwise provided by law, fees for
1615 students who are nonresidents for tuition purposes must offset
1616 the full cost of instruction. Residency of students shall be
1617 determined as required in s. 1009.21. Fee-nonexempt students
1618 enrolled in vocational-preparatory instruction shall be charged
1619 fees equal to the fees charged for adult general education
1620 programs. Each Florida College System institution that conducts
1621 college-preparatory and vocational-preparatory instruction in
1622 the same class section may charge a single fee for both types of
1623 instruction.
1624 Section 20. Subsection (1), paragraph (a) of subsection
1625 (3), and subsection (10) of section 1009.23, Florida Statutes,
1626 are amended to read:
1627 1009.23 Florida College System institution student fees.—
1628 (1) Unless otherwise provided, this section applies only to
1629 fees charged for college credit instruction leading to an
1630 associate in arts degree, an associate in applied science
1631 degree, an associate in science degree, or a baccalaureate
1632 degree authorized pursuant to s. 1007.33, for developmental
1633 education noncollege credit college-preparatory courses defined
1634 in s. 1004.02, and for educator preparation institute programs
1635 defined in s. 1004.85.
1636 (3)(a) Effective July 1, 2011, for advanced and
1637 professional, postsecondary vocational, college preparatory, and
1638 educator preparation institute programs, the standard tuition is
1639 shall be $68.56 per credit hour for residents and nonresidents,
1640 and the out-of-state fee is shall be $205.82 per credit hour.
1641 (10) Each Florida College System institution board of
1642 trustees is authorized to establish a separate fee for
1643 technology, which may not exceed 5 percent of tuition per credit
1644 hour or credit-hour equivalent for resident students and may not
1645 exceed 5 percent of tuition and the out-of-state fee per credit
1646 hour or credit-hour equivalent for nonresident students.
1647 Revenues generated from the technology fee shall be used to
1648 enhance instructional technology resources for students and
1649 faculty. The technology fee may apply to both college credit and
1650 college-preparatory instruction and shall not be included in any
1651 award under the Florida Bright Futures Scholarship Program.
1652 Fifty percent of technology fee revenues may be pledged by a
1653 Florida College System institution board of trustees as a
1654 dedicated revenue source for the repayment of debt, including
1655 lease-purchase agreements, not to exceed the useful life of the
1656 asset being financed. Revenues generated from the technology fee
1657 may not be bonded.
1658 Section 21. Subsection (11) is added to section 1009.26,
1659 Florida Statutes, to read:
1660 1009.26 Fee waivers.—
1661 (11) A Florida College System institution that offers a
1662 baccalaureate degree for state residents for which the cost of
1663 tuition and specified fees does not exceed $10,000 for the
1664 entire degree program may waive any portion or all of the
1665 following fees for that degree: tuition, the activity and
1666 service fee, the financial aid fee, the technology fee, the
1667 capital improvement fee, and the distance-learning fee. The
1668 Legislature encourages colleges to include at least one industry
1669 certification from the Postsecondary Industry Certification
1670 Funding List in a degree program for which such waivers are
1671 granted.
1672 Section 22. Section 1009.28, Florida Statutes, is repealed.
1673 Section 23. Section 1009.285, Florida Statutes, is amended
1674 to read:
1675 1009.285 Fees for repeated enrollment in college-credit
1676 courses.—A student enrolled in the same undergraduate college
1677 credit course more than once, except for students enrolled in a
1678 gateway course for an extended period of time under s. 1008.30,
1679 must twice shall pay tuition at 100 percent of the full cost of
1680 instruction, and may not be and shall not be included in
1681 calculations of full-time equivalent enrollments for state
1682 funding purposes. However, students who withdraw or fail a class
1683 due to extenuating circumstances may be granted an exception
1684 only once for each class if, provided that approval is granted
1685 according to policy established by the Florida College System
1686 institution board of trustees or the university board of
1687 trustees. Each Florida College System institution and state
1688 university may review and reduce fees paid by students due to
1689 continued enrollment in a college-credit class on an individual
1690 basis contingent upon the student’s financial hardship. For
1691 purposes of this section, first-time enrollment in a class means
1692 shall mean enrollment in a class beginning fall semester 1997,
1693 and calculations of the full cost of instruction is shall be
1694 based on the systemwide average of the prior year’s cost of
1695 undergraduate programs for the Florida College System
1696 institutions and the state universities. Boards of trustees may
1697 make exceptions to this section for individualized study,
1698 elective coursework, courses that are repeated as a requirement
1699 of a major, and courses that are intended as continuing over
1700 multiple semesters, excluding the repeat of coursework more than
1701 once two times to increase grade point average or meet minimum
1702 course grade requirements.
1703 Section 24. Paragraph (g) of subsection (4) of section
1704 1009.286, Florida Statutes, is amended to read:
1705 1009.286 Additional student payment for hours exceeding
1706 baccalaureate degree program completion requirements at state
1707 universities.—
1708 (4) For purposes of this section, credit hours earned under
1709 the following circumstances are not calculated as hours required
1710 to earn a baccalaureate degree:
1711 (g) Remedial and English as a Second Language credit hours.
1712 Section 25. Subsection (3) of section 1009.40, Florida
1713 Statutes, is amended to read:
1714 1009.40 General requirements for student eligibility for
1715 state financial aid awards and tuition assistance grants.—
1716 (3) Undergraduate students are eligible to receive
1717 financial aid for a maximum of 8 semesters or 12 quarters.
1718 However, undergraduate students participating in developmental
1719 education and college-preparatory instruction, students
1720 requiring additional time to complete the college-level
1721 communication and computation skills testing programs, or
1722 students enrolled in a 5-year undergraduate degree program are
1723 eligible to receive financial aid for a maximum of 10 semesters
1724 or 15 quarters.
1725 Section 26. Subsection (10) of section 1009.53, Florida
1726 Statutes, is amended to read:
1727 1009.53 Florida Bright Futures Scholarship Program.—
1728 (10) Funds from any scholarship within the Florida Bright
1729 Futures Scholarship Program may not be used to pay for
1730 developmental education remedial or college-preparatory
1731 coursework.
1732 Section 27. Subsection (7) of section 1009.531, Florida
1733 Statutes, is repealed.
1734 Section 28. Paragraph (b) of subsection (1) and subsection
1735 (5) of section 1011.84, Florida Statutes, are amended to read:
1736 1011.84 Procedure for determining state financial support
1737 and annual apportionment of state funds to each Florida College
1738 System institution district.—The procedure for determining state
1739 financial support and the annual apportionment to each Florida
1740 College System institution district authorized to operate a
1741 Florida College System institution under the provisions of s.
1742 1001.61 shall be as follows:
1743 (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
1744 COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
1745 (b) The allocation of funds for Florida College System
1746 institutions is shall be based on advanced and professional
1747 disciplines, developmental education college-preparatory
1748 programs, and other programs for adults funded pursuant to s.
1749 1011.80.
1750 (5) REPORT OF DEVELOPMENTAL REMEDIAL EDUCATION.—Each
1751 Florida College System institution board of trustees shall
1752 report, as a separate item in its annual cost accounting system,
1753 the volume and cost of developmental education options provided
1754 to help students attain the communication and computation skills
1755 that are essential for college-level work pursuant to s. 1008.30
1756 remedial education activities as a separate item in its annual
1757 cost accounting system.
1758 Section 29. This act shall take effect July 1, 2013.