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         1001.7065Preeminent 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         1008.02Definitions.—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.