CS for CS for SB 1720                           Second Engrossed
       
       
       
       
       
       
       
       
       20131720e2
       
    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; amending s. 1004.02, F.S.;
   22         defining the term “developmental education” as it
   23         relates to public postsecondary education; amending s.
   24         1004.43, F.S.; transferring oversight of the H. Lee
   25         Moffitt Cancer Center and Research Institute to the
   26         Board of Trustees of the University of South Florida;
   27         requiring the Board of Trustees to enter into a lease
   28         agreement for use of certain land and facilities;
   29         providing for the terms of the lease; requiring the
   30         University of South Florida and the Florida not-for
   31         profit corporation that governs and operates the H.
   32         Lee Moffitt Cancer Center and Research Institute to
   33         enter into an agreement to review construction plans
   34         and specifications for consistency of certain
   35         criteria; revising the membership of the board of
   36         directors for the not-for-profit corporation; deleting
   37         the requirement that the Board of Governors provide
   38         for certain approvals of the articles of incorporation
   39         of the not-for-profit corporation and use of land and
   40         facilities for certain purposes; requiring the not
   41         for-profit corporation to cause to be prepared annual
   42         financial audits; requiring the not-for-profit
   43         corporation to provide equal employment opportunities;
   44         providing for the governance and operation of the
   45         facilities if the agreement between the not-for-profit
   46         corporation and the Board of Trustees of the
   47         University of South Florida, rather than the Board of
   48         Governors, is terminated; requiring the chief
   49         executive officer to report annually to the Board of
   50         Governors on the educational activities of the not
   51         for-profit corporation; providing for the creation and
   52         duties of an external advisory board; repealing s.
   53         1004.58, F.S., relating to the Leadership Board for
   54         Applied Research and Public Service; amending s.
   55         1004.93, F.S.; deleting provisions relating to the
   56         levels and courses of instruction to be funded through
   57         the college-preparatory program; amending s. 1007.23,
   58         F.S.; revising the number of semester hours in which a
   59         student who is seeking an associate in arts degree is
   60         required to indicate a baccalaureate degree program;
   61         amending s. 1007.25, F.S.; revising general education
   62         courses, common prerequisites, and degree
   63         requirements; conforming terminology to changes made
   64         by the act; amending s. 1007.263, F.S.; revising the
   65         rules that the board of trustees of a Florida College
   66         System institution may adopt with regard to admissions
   67         counseling; requiring each board of trustees to
   68         establish policies that notify students about options
   69         they may use to attain the communication and
   70         computation skills that are essential to perform
   71         college-level work; deleting a prohibition against a
   72         student’s enrollment in credit courses under certain
   73         circumstances; amending s. 1007.271, F.S.; conforming
   74         provisions to changes made by the act; creating s.
   75         1008.02, F.S.; providing definitions for the purpose
   76         of ch. 1008, F.S., relating to assessment and
   77         accountability for the K-20 education system; amending
   78         s. 1008.30, F.S.; providing that alternative
   79         assessments that may be accepted in lieu of the common
   80         placement test must be identified in rule; requiring
   81         the State Board of Education, in conjunction with the
   82         Board of Governors, to approve a series of meta
   83         majors, academic pathways, and degree maps that
   84         identify the gateway courses required for success in
   85         each meta-major; providing requirements for the common
   86         placement testing program; requiring the State Board
   87         of Education to adopt rules that require high schools
   88         to evaluate certain students for college readiness;
   89         requiring the State Board of Education to establish by
   90         rule the test scores a student must achieve to
   91         demonstrate readiness to perform college-level work;
   92         deleting provisions to conform to changes made by the
   93         act; conforming terminology; requiring the State Board
   94         of Education to adopt rules by a specified date to
   95         implement developmental education; requiring local
   96         policies and practices set by each Florida College
   97         System institution board of trustees to outline the
   98         student achievements considered by the institution for
   99         placement determinations, identify instructional
  100         options available to students, and describe student
  101         costs and financial aid opportunities associated with
  102         each instructional option; creating s. 1008.322, F.S.;
  103         requiring the Board of Governors of the State
  104         University System to oversee the performance of state
  105         university boards of trustees in the enforcement of
  106         laws, rules, and regulations; providing that state
  107         university presidents are responsible for the accuracy
  108         of the information and data reported to the Board of
  109         Governors; authorizing the Chancellor of the State
  110         University System to investigate allegations of
  111         noncompliance with law or Board of Governors’ rule or
  112         regulation and determine probable cause; requiring the
  113         chancellor to report determinations of probable cause
  114         to the Board of Governors; authorizing the Board of
  115         Governors to initiate specified actions if the board
  116         determines that the state university board of trustees
  117         is unwilling or unable to comply with the law, certain
  118         rules or regulations, or audit recommendations;
  119         amending ss. 1008.37, 1009.22, and 1009.23, F.S.;
  120         conforming provisions to changes made by the act;
  121         repealing s. 1009.28, F.S., relating to fees for
  122         repeated enrollment in college-preparatory classes;
  123         amending s. 1009.285, F.S.; requiring a student
  124         enrolled in the same undergraduate college-credit
  125         course more than once, except for students enrolled in
  126         a gateway course for an extended period of time, to
  127         pay tuition at 100 percent of the full cost of
  128         instruction; reducing the number of times certain
  129         coursework, which is excluded for the reduction of
  130         fees, is repeated for certain purposes; amending s.
  131         1009.286, F.S.; excluding remedial courses from those
  132         courses that are counted when calculating credit hours
  133         earned toward a baccalaureate degree; amending s.
  134         1009.40, F.S.; providing that undergraduate students
  135         participating in developmental education are eligible
  136         to receive financial aid for a specified number of
  137         semesters or quarters; conforming provisions to
  138         changes made by the act; amending s. 1009.53, F.S.;
  139         conforming terminology to changes made by the act;
  140         repealing s. 1009.531(7), F.S., relating to the
  141         eligibility of a student for an initial reward or
  142         renewal reward under the Florida Bright Futures
  143         Scholarship Program; amending s. 1011.84, F.S.;
  144         conforming provisions to changes made by the act;
  145         providing a directive to the Division of Law Revision
  146         and Information; providing an effective date.
  147  
  148  Be It Enacted by the Legislature of the State of Florida:
  149  
  150         Section 1. Paragraph (j) of subsection (7) of section
  151  11.45, Florida Statutes, is amended to read:
  152         11.45 Definitions; duties; authorities; reports; rules.—
  153         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  154         (j) The Auditor General shall notify the Legislative
  155  Auditing Committee of any financial or operational audit report
  156  prepared pursuant to this section which indicates that a state
  157  university or Florida College System institution has failed to
  158  take full corrective action in response to a recommendation that
  159  was included in the two preceding financial or operational audit
  160  reports.
  161         1. The committee may direct the governing body of the state
  162  university or Florida College System institution to provide a
  163  written statement to the committee explaining why full
  164  corrective action has not been taken or, if the governing body
  165  intends to take full corrective action, describing the
  166  corrective action to be taken and when it will occur.
  167         2. If the committee determines that the written statement
  168  is not sufficient, the committee may require the chair of the
  169  governing body of the state university or Florida College System
  170  institution, or the chair’s designee, to appear before the
  171  committee.
  172         3. If the committee determines that the state university or
  173  Florida College System institution has failed to take full
  174  corrective action for which there is no justifiable reason or
  175  has failed to comply with committee requests made pursuant to
  176  this section, the committee shall refer the matter to the State
  177  Board of Education or the Board of Governors, as appropriate, to
  178  proceed in accordance with ss. 1008.32 and 1008.322,
  179  respectively may proceed in accordance with s. 11.40(2).
  180         Section 2. Paragraph (g) of subsection (4), subsection (5),
  181  and paragraphs (c) and (d) of subsection (6) of section 1001.02,
  182  Florida Statutes, are amended to read:
  183         1001.02 General powers of State Board of Education.—
  184         (4) The State Board of Education shall:
  185         (g) Specify, by rule, the college credit courses that may
  186  be taken by Florida College System institution students who are
  187  concurrently participating in developmental education enrolled
  188  in college-preparatory instruction.
  189         (5) The State Board of Education is responsible for
  190  reviewing and administering the state program of support for the
  191  Florida College System institutions and, subject to existing
  192  law, shall establish the tuition and out-of-state fees for
  193  college-preparatory instruction and for credit instruction that
  194  may be counted toward an associate in arts degree, an associate
  195  in applied science degree, or an associate in science degree.
  196         (6) The State Board of Education shall prescribe minimum
  197  standards, definitions, and guidelines for Florida College
  198  System institutions that will ensure the quality of education,
  199  coordination among the Florida College System institutions and
  200  state universities, and efficient progress toward accomplishing
  201  the Florida College System institution mission. At a minimum,
  202  these rules must address:
  203         (c) Program offerings and classification, including
  204  college-level communication and computation skills associated
  205  with successful performance in college and with tests and other
  206  assessment procedures that measure student achievement of those
  207  skills. The performance measures must provide that students
  208  moving from one level of education to the next acquire the
  209  necessary competencies for that level.
  210         (d) Provisions for curriculum development, graduation
  211  requirements, college calendars, and program service areas.
  212  These provisions must include rules that:
  213         1. Provide for the award of an associate in arts degree to
  214  a student who successfully completes 60 semester credit hours at
  215  the Florida College System institution.
  216         2. Require all of the credits accepted for the associate in
  217  arts degree to be in the statewide course numbering system as
  218  credits toward a baccalaureate degree offered by a state
  219  university or a Florida College System institution.
  220         3. Beginning with students initially entering a Florida
  221  College System institution in 2014-2015 and thereafter, Require
  222  no more than 36 30 semester credit hours in general education
  223  courses in the subject areas of communication, mathematics,
  224  social sciences, humanities, and natural sciences.
  225  
  226  The rules should encourage Florida College System institutions
  227  to enter into agreements with state universities that allow
  228  Florida College System institution students to complete upper
  229  division-level courses at a Florida College System institution.
  230  An agreement may provide for concurrent enrollment at the
  231  Florida College System institution and the state university and
  232  may authorize the Florida College System institution to offer an
  233  upper-division-level course or distance learning.
  234         Section 3. Subsection (9) of section 1001.64, Florida
  235  Statutes, is amended to read:
  236         1001.64 Florida College System institution boards of
  237  trustees; powers and duties.—
  238         (9) A board of trustees may contract with the board of
  239  trustees of a state university for the Florida College System
  240  institution to provide developmental education college
  241  preparatory instruction on the state university campus.
  242         Section 4. Subsection (11) of section 1004.02, Florida
  243  Statutes, is amended to read:
  244         1004.02 Definitions.—As used in this chapter:
  245         (11) “Developmental education” “College-preparatory
  246  instruction” means instruction courses through which a high
  247  school graduate who applies for and enrolls in any college
  248  credit program may attain the communication and computation
  249  skills necessary to perform college-level work while also
  250  enrolled enroll in college credit instruction.
  251         Section 5. Section 1004.43, Florida Statutes, is amended to
  252  read:
  253         1004.43 H. Lee Moffitt Cancer Center and Research
  254  Institute.—There is established the H. Lee Moffitt Cancer Center
  255  and Research Institute, a statewide resource for basic and
  256  clinical research and multidisciplinary approaches to patient
  257  care.
  258         (1) The Board of Trustees of the University of South
  259  Florida Governors shall enter into a lease an agreement for the
  260  use utilization of the lands and facilities on the campus of the
  261  University of South Florida to be known as the H. Lee Moffitt
  262  Cancer Center and Research Institute, including all furnishings,
  263  equipment, and other chattels used in the operation of such
  264  facilities, with a Florida not-for-profit corporation organized
  265  solely for the purpose of governing and operating the H. Lee
  266  Moffitt Cancer Center and Research Institute. The lease
  267  agreement with the not-for-profit corporation must be rent free
  268  so long as the not-for-profit corporation and its subsidiaries
  269  use the lands and facilities primarily for research, education,
  270  treatment, prevention, and the early detection of cancer or for
  271  teaching and research programs conducted by the state
  272  universities or other accredited medical schools or research
  273  institutes. The lease agreement must provide for review of
  274  construction plans and specifications by the university for
  275  consistency with the university’s campus master plan, impact on
  276  the university’s utilities infrastructure, and compliance with
  277  applicable building code and general design characteristics and
  278  compatibility with university architecture, as appropriate. The
  279  not-for-profit corporation may, with the prior approval of the
  280  Board of Governors, create either for-profit or not-for-profit
  281  corporate subsidiaries, or both, to fulfill its mission. The
  282  not-for-profit corporation and any approved not-for-profit
  283  subsidiary are shall be conclusively deemed corporations
  284  primarily acting as instrumentalities of the state, pursuant to
  285  s. 768.28(2), for purposes of sovereign immunity. For-profit
  286  subsidiaries of the not-for-profit corporation may not compete
  287  with for-profit health care providers in the delivery of
  288  radiation therapy services to patients. The not-for-profit
  289  corporation and its subsidiaries may are authorized to receive,
  290  hold, invest, and administer property and any moneys received
  291  from private, local, state, and federal sources, as well as
  292  technical and professional income generated or derived from
  293  practice activities of the institute, for the benefit of the
  294  institute and the fulfillment of its mission. The affairs of the
  295  corporation shall be managed by a board of directors who shall
  296  serve without compensation. The President of the University of
  297  South Florida and the chair of the Board of Governors, or his or
  298  her designee, shall be directors of the not-for-profit
  299  corporation, together with 5 representatives of the state
  300  universities and no more than 14 nor fewer than 10 directors who
  301  are not medical doctors or state employees. Each director has
  302  shall have only one vote, serves shall serve a term of 3 years,
  303  and may be reelected to the board. Other than the President of
  304  the University of South Florida and the chair of the Board of
  305  Governors, directors shall be elected by a majority vote of the
  306  board. The chair of the board of directors shall be selected by
  307  majority vote of the directors.
  308         (2) The Board of Governors shall provide in the agreement
  309  with the not-for-profit corporation for the following:
  310         (a) Approval of the articles of incorporation of the not
  311  for-profit corporation by the Board of Governors.
  312         (b) Approval of the articles of incorporation of any not
  313  for-profit corporate subsidiary created by the not-for-profit
  314  corporation.
  315         (c) Utilization of lands, facilities, and personnel by the
  316  not-for-profit corporation and its subsidiaries for research,
  317  education, treatment, prevention, and the early detection of
  318  cancer and for mutually approved teaching and research programs
  319  conducted by the state universities or other accredited medical
  320  schools or research institutes.
  321         (2)(d)The not-for-profit corporation shall cause the
  322  Preparation of an annual financial audits audit of the not-for
  323  profit corporation’s accounts and records to be prepared and the
  324  accounts and records of any subsidiaries to be conducted by an
  325  independent certified public accountant. Each The annual
  326  financial audit report must shall include a management letter,
  327  as defined in s. 11.45, and must shall be submitted to the
  328  Auditor General and the Board of Governors. The Board of
  329  Governors, the Auditor General, and the Office of Program Policy
  330  Analysis and Government Accountability may shall have the
  331  authority to require and receive from the not-for-profit
  332  corporation and any subsidiaries or from their independent
  333  auditor any detail or supplemental data relative to the
  334  operation of the not-for-profit corporation or subsidiary.
  335         (e) Provision by The not-for-profit corporation and its
  336  subsidiaries shall provide of equal employment opportunities to
  337  all persons regardless of race, color, religion, sex, age, or
  338  national origin.
  339         (3) The Board of Governors may is authorized to secure
  340  comprehensive general liability protection, including
  341  professional liability protection, for the not-for-profit
  342  corporation and its subsidiaries pursuant to s. 1004.24. The
  343  not-for-profit corporation and its subsidiaries are shall be
  344  exempt from any participation in any property insurance trust
  345  fund established by law, including any property insurance trust
  346  fund established pursuant to chapter 284, so long as the not
  347  for-profit corporation and its subsidiaries maintain property
  348  insurance protection with comparable or greater coverage limits.
  349         (4) If In the event that the agreement between the not-for
  350  profit corporation and the Board of Trustees of the University
  351  of South Florida Governors is terminated for any reason, the
  352  Board of Governors shall resume governance and operation of such
  353  facilities.
  354         (5) The institute shall be administered by a chief
  355  executive officer who serves shall serve at the pleasure of the
  356  board of directors of the not-for-profit corporation and who has
  357  shall have the following powers and duties subject to the
  358  approval of the board of directors:
  359         (a) The chief executive officer shall establish programs
  360  that which fulfill the mission of the institute in research,
  361  education, treatment, prevention, and the early detection of
  362  cancer; however, the chief executive officer may shall not
  363  establish academic programs for which academic credit is awarded
  364  and which terminate in the conference of a degree without prior
  365  approval of the Board of Governors.
  366         (b) The chief executive officer has shall have control over
  367  the budget and the dollars appropriated or donated to the
  368  institute from private, local, state, and federal sources, as
  369  well as technical and professional income generated or derived
  370  from practice activities of the not-for-profit corporation and
  371  its subsidiaries. Technical and professional income generated
  372  from practice activities may be shared between the not-for
  373  profit corporation and its subsidiaries as determined by the
  374  chief executive officer. However, professional income generated
  375  by state university employees from practice activities at the
  376  not-for-profit corporation and its subsidiaries must shall be
  377  shared between the university and the not-for-profit corporation
  378  and its subsidiaries only as determined by the chief executive
  379  officer and the appropriate university dean or vice president.
  380         (c) The chief executive officer shall appoint members to
  381  carry out the research, patient care, and educational activities
  382  of the institute and determine compensation, benefits, and terms
  383  of service. Members of the institute are shall be eligible to
  384  hold concurrent appointments at affiliated academic
  385  institutions. State university faculty are shall be eligible to
  386  hold concurrent appointments at the institute.
  387         (d) The chief executive officer has shall have control over
  388  the use and assignment of space and equipment within the
  389  facilities.
  390         (e) The chief executive officer has shall have the power to
  391  create the administrative structure necessary to carry out the
  392  mission of the institute.
  393         (f) The chief executive officer shall report annually have
  394  a reporting relationship to the Board of Governors or its
  395  designee on the educational activities of the not-for-profit
  396  corporation.
  397         (g) The chief executive officer shall provide a copy of the
  398  institute’s annual report to the Governor and Cabinet, the
  399  President of the Senate, the Speaker of the House of
  400  Representatives, and the chair of the Board of Governors.
  401         (6) The board of directors of the not-for-profit
  402  corporation shall create an external advisory board a council of
  403  scientific advisers to the chief executive officer comprised of
  404  leading researchers, physicians, and scientists. This board
  405  council shall review programs and recommend research priorities
  406  and initiatives so as to maximize the state’s investment in the
  407  institute. The board council shall be appointed by the board of
  408  directors of the not-for-profit corporation. Each member of the
  409  board council shall be appointed to serve a 2-year term and may
  410  be reappointed to the council.
  411         (7) In carrying out the provisions of this section, the
  412  not-for-profit corporation and its subsidiaries are not
  413  “agencies” within the meaning of s. 20.03(11).
  414         (8)(a) Records of the not-for-profit corporation and of its
  415  subsidiaries are public records unless made confidential or
  416  exempt by law.
  417         (b) Proprietary confidential business information is
  418  confidential and exempt from the provisions of s. 119.07(1) and
  419  s. 24(a), Art. I of the State Constitution. However, the Auditor
  420  General, the Office of Program Policy Analysis and Government
  421  Accountability, and the Board of Governors, pursuant to their
  422  oversight and auditing functions, must be given access to all
  423  proprietary confidential business information upon request and
  424  without subpoena and must maintain the confidentiality of
  425  information so received. As used in this paragraph, the term
  426  “proprietary confidential business information” means
  427  information, regardless of its form or characteristics, which is
  428  owned or controlled by the not-for-profit corporation or its
  429  subsidiaries; is intended to be and is treated by the not-for
  430  profit corporation or its subsidiaries as private and the
  431  disclosure of which would harm the business operations of the
  432  not-for-profit corporation or its subsidiaries; has not been
  433  intentionally disclosed by the corporation or its subsidiaries
  434  unless pursuant to law, an order of a court or administrative
  435  body, a legislative proceeding pursuant to s. 5, Art. III of the
  436  State Constitution, or a private agreement that provides that
  437  the information may be released to the public; and which is
  438  information concerning:
  439         1. Internal auditing controls and reports of internal
  440  auditors;
  441         2. Matters reasonably encompassed in privileged attorney
  442  client communications;
  443         3. Contracts for managed-care arrangements, including
  444  preferred provider organization contracts, health maintenance
  445  organization contracts, and exclusive provider organization
  446  contracts, and any documents directly relating to the
  447  negotiation, performance, and implementation of any such
  448  contracts for managed-care arrangements;
  449         4. Bids or other contractual data, banking records, and
  450  credit agreements the disclosure of which would impair the
  451  efforts of the not-for-profit corporation or its subsidiaries to
  452  contract for goods or services on favorable terms;
  453         5. Information relating to private contractual data, the
  454  disclosure of which would impair the competitive interest of the
  455  provider of the information;
  456         6. Corporate officer and employee personnel information;
  457         7. Information relating to the proceedings and records of
  458  credentialing panels and committees and of the governing board
  459  of the not-for-profit corporation or its subsidiaries relating
  460  to credentialing;
  461         8. Minutes of meetings of the governing board of the not
  462  for-profit corporation and its subsidiaries, except minutes of
  463  meetings open to the public pursuant to subsection (9);
  464         9. Information that reveals plans for marketing services
  465  that the corporation or its subsidiaries reasonably expect to be
  466  provided by competitors;
  467         10. Trade secrets as defined in s. 688.002, including:
  468         a. Information relating to methods of manufacture or
  469  production, potential trade secrets, potentially patentable
  470  materials, or proprietary information received, generated,
  471  ascertained, or discovered during the course of research
  472  conducted by the not-for-profit corporation or its subsidiaries;
  473  and
  474         b. Reimbursement methodologies or rates;
  475         11. The identity of donors or prospective donors of
  476  property who wish to remain anonymous or any information
  477  identifying such donors or prospective donors. The anonymity of
  478  these donors or prospective donors must be maintained in the
  479  auditor’s report; or
  480         12. Any information received by the not-for-profit
  481  corporation or its subsidiaries from an agency in this or
  482  another state or nation or the Federal Government which is
  483  otherwise exempt or confidential pursuant to the laws of this or
  484  another state or nation or pursuant to federal law.
  485  
  486  As used in this paragraph, the term “managed care” means systems
  487  or techniques generally used by third-party payors or their
  488  agents to affect access to and control payment for health care
  489  services. Managed-care techniques most often include one or more
  490  of the following: prior, concurrent, and retrospective review of
  491  the medical necessity and appropriateness of services or site of
  492  services; contracts with selected health care providers;
  493  financial incentives or disincentives related to the use of
  494  specific providers, services, or service sites; controlled
  495  access to and coordination of services by a case manager; and
  496  payor efforts to identify treatment alternatives and modify
  497  benefit restrictions for high-cost patient care.
  498         (9) Meetings of the governing board of the not-for-profit
  499  corporation and meetings of the subsidiaries of the not-for
  500  profit corporation at which the expenditure of dollars
  501  appropriated to the not-for-profit corporation by the state are
  502  discussed or reported must remain open to the public in
  503  accordance with s. 286.011 and s. 24(b), Art. I of the State
  504  Constitution, unless made confidential or exempt by law. Other
  505  meetings of the governing board of the not-for-profit
  506  corporation and of the subsidiaries of the not-for-profit
  507  corporation are exempt from s. 286.011 and s. 24(b), Art. I of
  508  the State Constitution.
  509         (10) In addition to the continuing appropriation to the
  510  institute provided in s. 210.20(2), any appropriation to the
  511  institute provided in a general appropriations act shall be paid
  512  directly to the board of directors of the not-for-profit
  513  corporation by warrant drawn by the Chief Financial Officer from
  514  the State Treasury.
  515         Section 6. Section 1004.58, Florida Statutes, is repealed.
  516         Section 7. Subsection (4) of section 1004.93, Florida
  517  Statutes, is amended to read:
  518         1004.93 Adult general education.—
  519         (4)(a) Adult general education shall be evaluated and
  520  funded as provided in s. 1011.80.
  521         (b) Fees for adult basic instruction are to be charged in
  522  accordance with chapter 1009.
  523         (c) The State Board of Education shall define, by rule, the
  524  levels and courses of instruction to be funded through the
  525  college-preparatory program. The state board shall coordinate
  526  the establishment of costs for college-preparatory courses, the
  527  establishment of statewide standards that define required levels
  528  of competence, acceptable rates of student progress, and the
  529  maximum amount of time to be allowed for completion of college
  530  preparatory instruction. College-preparatory instruction is part
  531  of an associate in arts degree program and may not be funded as
  532  an adult career education program.
  533         (d) Expenditures for college-preparatory and lifelong
  534  learning students shall be reported separately. Allocations for
  535  college-preparatory courses shall be based on proportional full
  536  time equivalent enrollment. Program review results shall be
  537  included in the determination of subsequent allocations. A
  538  student shall be funded to enroll in the same college
  539  preparatory class within a skill area only twice, after which
  540  time the student shall pay 100 percent of the full cost of
  541  instruction to support the continuous enrollment of that student
  542  in the same class; however, students who withdraw or fail a
  543  class due to extenuating circumstances may be granted an
  544  exception only once for each class, provided approval is granted
  545  according to policy established by the board of trustees. Each
  546  Florida College System institution shall have the authority to
  547  review and reduce payment for increased fees due to continued
  548  enrollment in a college-preparatory class on an individual basis
  549  contingent upon the student’s financial hardship, pursuant to
  550  definitions and fee levels established by the State Board of
  551  Education. College-preparatory and lifelong learning courses do
  552  not generate credit toward an associate or baccalaureate degree.
  553         (c)(e) A district school board or a Florida College System
  554  institution board of trustees may negotiate a contract with the
  555  regional workforce board for specialized services for
  556  participants in the welfare transition program, beyond what is
  557  routinely provided for the general public, to be funded by the
  558  regional workforce board.
  559         Section 8. Subsection (3) of section 1007.23, Florida
  560  Statutes, is amended to read:
  561         1007.23 Statewide articulation agreement.—
  562         (3) To improve articulation and reduce excess credit hours,
  563  beginning with students initially entering a Florida College
  564  System institution in 2013-2014 and thereafter, the articulation
  565  agreement must require each student who is seeking an associate
  566  in arts degree to indicate a baccalaureate degree program
  567  offered by an institution of interest by the time the student
  568  earns 36 30 semester hours. The institution in which the student
  569  is enrolled shall inform the student of the prerequisites for
  570  the baccalaureate degree program offered by an institution of
  571  interest.
  572         Section 9. Subsections (3), (6), (7), (8), and (10) of
  573  section 1007.25, Florida Statutes, are amended to read:
  574         1007.25 General education courses; common prerequisites;
  575  other degree requirements.—
  576         (3) The chair of the State Board of Education and the chair
  577  of the Board of Governors, or their designees, shall jointly
  578  appoint faculty committees to identify statewide general
  579  education core course options. General education core course
  580  options must shall consist of a maximum of five courses within
  581  each of the subject areas of communication, mathematics, social
  582  sciences, humanities, and natural sciences. The core courses may
  583  be revised or the five-course cap within each subject area may
  584  be exceeded if approved by the State Board of Education and the
  585  Board of Governors, as recommended by the subject area faculty
  586  committee and approved by the Articulation Coordinating
  587  Committee, as necessary for a subject area. Each general
  588  education core course option must contain high-level academic
  589  and critical thinking skills and common competencies that
  590  students must demonstrate to successfully complete the course.
  591  Beginning with students initially entering a Florida College
  592  System institution or state university in 2015-2016 2014-2015
  593  and thereafter, each student must complete at least one
  594  identified core course in each subject area as part of the
  595  general education course requirements. All public postsecondary
  596  educational institutions shall offer and accept these courses as
  597  meeting general education core course requirements. The
  598  remaining general education course requirements shall be
  599  identified by each institution and reported to the department by
  600  their statewide course number. The general education core course
  601  options shall be adopted in rule by the State Board of Education
  602  and in regulation by the Board of Governors.
  603         (6) The universities and Florida College System
  604  institutions shall work with their respective school districts
  605  to ensure that high school curricula coordinate with the general
  606  education curricula and to prepare students for college-level
  607  work. General education curricula for associate in arts programs
  608  shall be identified by each institution and, beginning with
  609  students initially entering a Florida College System institution
  610  or state university in 2014-2015 and thereafter, shall include
  611  36 30 semester hours in the subject areas of communication,
  612  mathematics, social sciences, humanities, and natural sciences.
  613         (7) An associate in arts degree may not shall require no
  614  more than 60 semester hours of college credit and must,
  615  beginning with students initially entering a Florida College
  616  System institution or state university in 2014-2015 and
  617  thereafter, include 36 30 semester hours of general education
  618  coursework. Beginning with students initially entering a Florida
  619  College System institution or state university in 2014-2015 and
  620  thereafter, coursework for an associate in arts degree must
  621  include and demonstration of competency in a foreign language
  622  pursuant to s. 1007.262. Except for developmental education
  623  provided college-preparatory coursework required pursuant to s.
  624  1008.30, all required coursework counts shall count toward the
  625  associate in arts degree or the baccalaureate degree.
  626         (8) A baccalaureate degree program shall require no more
  627  than 120 semester hours of college credit and, beginning with
  628  students initially entering a Florida College System institution
  629  or state university in 2014-2015 and thereafter, include 36 30
  630  semester hours of general education coursework, unless prior
  631  approval has been granted by the Board of Governors for
  632  baccalaureate degree programs offered by state universities and
  633  by the State Board of Education for baccalaureate degree
  634  programs offered by Florida College System institutions.
  635         (10) Students at state universities may request associate
  636  in arts certificates if they have successfully completed the
  637  minimum requirements for the degree of associate in arts (A.A.).
  638  The university must grant the student an associate in arts
  639  degree if the student has successfully completed minimum
  640  requirements for college-level communication and computation
  641  skills adopted by the State Board of Education and 60 academic
  642  semester hours or the equivalent within a degree program area
  643  and including 36, beginning with students initially entering a
  644  Florida College System institution or state university in 2014
  645  2015 and thereafter, include 30 semester hours in general
  646  education courses in the subject areas of communication,
  647  mathematics, social sciences, humanities, and natural sciences,
  648  consistent with the general education requirements specified in
  649  the articulation agreement pursuant to s. 1007.23.
  650         Section 10. Section 1007.263, Florida Statutes, is amended
  651  to read:
  652         1007.263 Florida College System institutions; admissions of
  653  students.—Each Florida College System institution board of
  654  trustees may is authorized to adopt rules governing admissions
  655  of students subject to this section and rules of the State Board
  656  of Education. These rules must shall include the following:
  657         (1) Admissions counseling must shall be provided to all
  658  students entering college or career credit programs. Counseling
  659  must use shall utilize tests to measure achievement of college
  660  level communication and computation competencies by all students
  661  entering college credit programs or tests to measure achievement
  662  of basic skills for career education programs as prescribed in
  663  s. 1004.91. Counseling includes providing developmental
  664  education options for students whose assessment results,
  665  determined under s. 1008.30, indicate that they need to improve
  666  communication or computation skills that are essential to
  667  perform college-level work.
  668         (2) Admission to associate degree programs is subject to
  669  minimum standards adopted by the State Board of Education and
  670  requires shall require:
  671         (a) A standard high school diploma, a high school
  672  equivalency diploma as prescribed in s. 1003.435, previously
  673  demonstrated competency in college credit postsecondary
  674  coursework, or, in the case of a student who is home educated, a
  675  signed affidavit submitted by the student’s parent or legal
  676  guardian attesting that the student has completed a home
  677  education program pursuant to the requirements of s. 1002.41.
  678  Students who are enrolled in a dual enrollment or early
  679  admission program pursuant to s. 1007.271 are exempt from this
  680  requirement.
  681         (b) A demonstrated level of achievement of college-level
  682  communication and computation skills.
  683         (c) Any other requirements established by the board of
  684  trustees.
  685         (3) Admission to other programs within the Florida College
  686  System institution must shall include education requirements as
  687  established by the board of trustees.
  688         (4) A student who has been awarded a special diploma as
  689  defined in s. 1003.438 or a certificate of completion as defined
  690  in s. 1003.43(10) is eligible to enroll in certificate career
  691  education programs.
  692         (5) A student who has with a documented disability may be
  693  eligible for reasonable substitutions, as prescribed in ss.
  694  1007.264 and 1007.265.
  695  
  696  Each board of trustees shall establish policies that notify
  697  students about developmental education options for improving
  698  their communication or computation skills that are essential to
  699  performing college-level work, including tutoring, extended time
  700  in gateway courses, free online courses and place students into,
  701  adult basic education, adult secondary education, or other
  702  instructional programs that provide students with alternatives
  703  to traditional college-preparatory instruction, including
  704  private provider instruction. A student is prohibited from
  705  enrolling in additional college-level courses until the student
  706  scores above the cut-score on all sections of the common
  707  placement test.
  708         Section 11. Subsections (2) and (14) of section 1007.271,
  709  Florida Statutes, are amended to read:
  710         1007.271 Dual enrollment programs.—
  711         (2) For the purpose of this section, an eligible secondary
  712  student is a student who is enrolled in a Florida public
  713  secondary school or in a Florida private secondary school which
  714  is in compliance with s. 1002.42(2) and provides a secondary
  715  curriculum pursuant to s. 1003.428, s. 1003.429, or s. 1003.43.
  716  Students who are eligible for dual enrollment pursuant to this
  717  section may enroll in dual enrollment courses conducted during
  718  school hours, after school hours, and during the summer term.
  719  However, if the student is projected to graduate from high
  720  school before the scheduled completion date of a postsecondary
  721  course, the student may not register for that course through
  722  dual enrollment. The student may apply to the postsecondary
  723  institution and pay the required registration, tuition, and fees
  724  if the student meets the postsecondary institution’s admissions
  725  requirements under s. 1007.263. Instructional time for dual
  726  enrollment may vary from 900 hours; however, the school district
  727  may only report the student for a maximum of 1.0 FTE, as
  728  provided in s. 1011.61(4). Any student enrolled as a dual
  729  enrollment student is exempt from the payment of registration,
  730  tuition, and laboratory fees. Vocational-preparatory
  731  instruction, developmental education college-preparatory
  732  instruction, and other forms of precollegiate instruction, as
  733  well as physical education courses that focus on the physical
  734  execution of a skill rather than the intellectual attributes of
  735  the activity, are ineligible for inclusion in the dual
  736  enrollment program. Recreation and leisure studies courses shall
  737  be evaluated individually in the same manner as physical
  738  education courses for potential inclusion in the program.
  739         (14) The Department of Education shall approve any course
  740  for inclusion in the dual enrollment program that is contained
  741  within the statewide course numbering system. However,
  742  developmental education college-preparatory and other forms of
  743  precollegiate instruction, and physical education and other
  744  courses that focus on the physical execution of a skill rather
  745  than the intellectual attributes of the activity, may not be so
  746  approved but must be evaluated individually for potential
  747  inclusion in the dual enrollment program. This subsection may
  748  not be construed to mean that an independent postsecondary
  749  institution eligible for inclusion in a dual enrollment or early
  750  admission program pursuant to s. 1011.62 must participate in the
  751  statewide course numbering system developed pursuant to s.
  752  1007.24 to participate in a dual enrollment program.
  753         Section 12. Section 1008.02, Florida Statutes, is created
  754  to read:
  755         1008.02Definitions.—As used in this chapter, the term:
  756         (1)“Accelerated course structure” means a course or strand
  757  of study that accelerates the progress of students in
  758  developmental education through self-paced attainment of
  759  specific skills.
  760         (2)“Corequisite education” means developmental education
  761  that is deployed through a variety of classroom, online, or
  762  blended instructional strategies and offered concurrently with
  763  college credit instruction. The term includes, but is not
  764  limited to:
  765         (a)Compressed or modularized instruction or coaching that
  766  supplements credit instruction.
  767         (b)Embedded content in a modified or extended credit
  768  bearing course intended to contextualize or accelerate credit
  769  attainment.
  770         (3)“Developmental education” means instruction through
  771  which a high school graduate who applies for any college credit
  772  program may attain the communication and computation skills
  773  necessary to successfully complete college credit instruction.
  774  Developmental education may not be offered as a noncredit course
  775  for which a student pays tuition but must be offered corequisite
  776  to a gateway course.
  777         (4)“Gateway course” means the first course that provides
  778  transferable, college-level credit allowing students to progress
  779  in their program of study.
  780         (5)“Mastery-based education” means customized, targeted
  781  instruction that addresses specific skills gaps.
  782         (6)“Meta-major” means a collection of programs of study or
  783  academic discipline groupings that share common foundational
  784  skills.
  785         Section 13. Section 1008.30, Florida Statutes, is amended
  786  to read:
  787         1008.30 Common placement testing for public postsecondary
  788  education.—
  789         (1) The State Board of Education, in conjunction with the
  790  Board of Governors, shall develop and implement a common
  791  placement test for the purpose of assessing the basic
  792  computation and communication skills of students who intend to
  793  enter a degree program at any public postsecondary educational
  794  institution. Alternative assessments that may be accepted in
  795  lieu of the common placement test shall also be identified in
  796  rule. Public postsecondary educational institutions shall
  797  provide appropriate modifications of the test instruments or
  798  test procedures for students with disabilities.
  799         (2) By October 1, 2013, the State Board of Education in
  800  conjunction with the Board of Governors shall approve a series
  801  of meta-majors, academic pathways, and degree maps that identify
  802  the gateway courses required for success in each meta-major.
  803  Results from the common placement test, the alternative
  804  assessments that may be used in lieu of the common placement
  805  test, and achievements that may be considered by institutional
  806  boards of trustees, as adopted by state board rule, shall be
  807  used to diagnose a student’s readiness for his or her chosen
  808  meta-major and to provide academic counseling to the student
  809  concerning options for attaining the necessary skills through
  810  developmental education while enrolled in credit courses.
  811         (3)(2) The common placement testing program must shall
  812  include at a minimum the following: the capacity to diagnose
  813  basic competencies in the areas of English, reading, and
  814  mathematics which are essential for success in meta-majors and
  815  to provide to perform college-level work; prerequisite skills
  816  that relate to progressively advanced instruction in
  817  mathematics, such as algebra and geometry; prerequisite skills
  818  that relate to progressively advanced instruction in language
  819  arts, such as English composition and literature; and provision
  820  of test information to students on the specific skills the
  821  student needs to attain deficiencies.
  822         (4)(3) The State Board of Education shall adopt rules that
  823  require high schools to evaluate before the beginning of grade
  824  12 the college readiness of each student who scores at Level 2
  825  or Level 3 on the reading portion of the grade 10 FCAT Reading
  826  or Level 2, Level 3, or Level 4 on the Algebra I mathematics
  827  assessments under s. 1008.22 s. 1008.22(3)(c). High schools
  828  shall perform this evaluation using results from the
  829  corresponding component of the common placement test prescribed
  830  in this section, or an alternative equivalent test identified by
  831  the State Board of Education. The State Board of Education shall
  832  identify in rule the assessments necessary to perform the
  833  evaluations required by this subsection and shall work with the
  834  school districts to administer the assessments. The State Board
  835  of Education shall establish by rule the minimum test scores a
  836  student must achieve to demonstrate readiness. Students who
  837  demonstrate readiness by achieving the minimum test scores
  838  established by the state board and enroll in a Florida College
  839  System institution within 2 years of achieving such scores shall
  840  not be required to retest or enroll in remediation when admitted
  841  to any Florida College System institution. The high school shall
  842  use the results of the test to advise the students of any
  843  identified deficiencies and to provide 12th grade students, and
  844  require them to complete, appropriate postsecondary preparatory
  845  instruction prior to high school graduation. The curriculum
  846  provided under this subsection shall be identified in rule by
  847  the State Board of Education and encompass Florida’s
  848  Postsecondary Readiness Competencies. Other elective courses may
  849  not be substituted for the selected postsecondary reading,
  850  mathematics, or writing preparatory course unless the elective
  851  course covers the same competencies included in the
  852  postsecondary reading, mathematics, or writing, or English
  853  language arts preparatory course.
  854         (5)(4)(a)The State Board of Education shall establish by
  855  rule the test scores a student must achieve to demonstrate
  856  readiness to perform college-level work. Students who
  857  demonstrate readiness by achieving or exceeding the test scores
  858  established by the state board and enroll in a Florida College
  859  System institution within 2 years after achieving such scores
  860  may not be required to retest or complete developmental
  861  education when admitted to any Florida College System
  862  institution. Students who have been identified as requiring
  863  additional preparation pursuant to subsection (1) shall enroll
  864  in college-preparatory or other adult education pursuant to s.
  865  1004.93 in Florida College System institutions to develop needed
  866  college-entry skills. The State Board of Education shall specify
  867  by rule provisions for alternative remediation opportunities and
  868  retesting policies. These students shall be permitted to take
  869  courses within their degree program concurrently in other
  870  curriculum areas for which they are qualified while enrolled in
  871  college-preparatory instruction courses. A student enrolled in a
  872  college-preparatory course may concurrently enroll only in
  873  college credit courses that do not require the skills addressed
  874  in the college-preparatory course. A degree-seeking student who
  875  is required to complete a college-preparatory course must
  876  successfully complete the required college-preparatory studies
  877  by the time the student has accumulated 12 hours of lower
  878  division college credit degree coursework; however, a student
  879  may continue enrollment in degree-earning coursework provided
  880  the student maintains enrollment in college-preparatory
  881  coursework for each subsequent semester until college
  882  preparatory coursework requirements are completed, and provided
  883  the student demonstrates satisfactory performance in degree
  884  earning coursework. A student who has accumulated 12 college
  885  credit hours and has not yet demonstrated proficiency in the
  886  basic competency areas of reading, writing, and mathematics must
  887  be advised in writing of the requirements for associate degree
  888  completion and state university admission, including information
  889  about future financial aid eligibility and the potential costs
  890  of accumulating excessive college credit as described in s.
  891  1009.286. Before a student is considered to have met basic
  892  computation and communication skills requirements, the student
  893  must demonstrate successful mastery of the required
  894  developmental education competencies as defined in State Board
  895  of Education rule. Credit awarded for college-preparatory
  896  instruction may not be counted toward fulfilling the number of
  897  credits required for a degree.
  898         (6)(b) A university board of trustees may contract with a
  899  Florida College System institution board of trustees for the
  900  Florida College System institution to provide developmental
  901  education such instruction on the state university campus. Any
  902  state university in which the percentage of incoming students
  903  requiring developmental education college-preparatory
  904  instruction equals or exceeds the average percentage of such
  905  students for the Florida College System may offer such
  906  developmental education college-preparatory instruction without
  907  contracting with a Florida College System institution; however,
  908  any state university offering college-preparatory instruction as
  909  of January 1, 1996, may continue to provide such services.
  910         (7)(a)(5)The State Board of Education shall adopt rules by
  911  January 1, 2014, to implement developmental education. The rules
  912  must include:
  913         1.Student achievements that may be considered by
  914  institutional boards, such as performance on college placement
  915  tests, grade point averages, work history, military experience,
  916  career interests, degree major declaration, or any combination
  917  thereof.
  918         2.Recommended options for students performing at levels
  919  indicating adult education as an appropriate place for students
  920  to develop needed college-entry academic skills.
  921         3.Sufficient flexibility for local professional judgment
  922  and determinations of appropriate student options for achieving
  923  necessary skills.
  924         4. Limits on credit course enrollment for students
  925  indicating the need for preparatory assistance based on assessed
  926  skill levels.
  927         (b)Local policies and practices set by each Florida
  928  College System institution board of trustees must outline the
  929  student achievements considered by the institution for placement
  930  determinations, identify instructional options available to
  931  students, and describe student costs and financial aid
  932  opportunities associated with each instructional option.
  933  Instructional options must, at a minimum, provide for enrollment
  934  of a student in a credit course either with or without
  935  institutionally required corequisite education, mastery-based
  936  instruction or accelerated pathways for developing skills, or
  937  enrolling in adult education to attain needed skills, as chosen
  938  by the student. Policies and practices must specify limits on
  939  credit course enrollment for students indicating the need for
  940  preparatory assistance, outline retesting requirements, and
  941  identify options for students who choose to attain skills in
  942  adult education when such instruction is not provided by the
  943  Florida College System institution A student may not be enrolled
  944  in a college credit mathematics or English course on a dual
  945  enrollment basis unless the student has demonstrated adequate
  946  precollegiate preparation on the section of the basic
  947  computation and communication skills assessment required
  948  pursuant to subsection (1) that is appropriate for successful
  949  student participation in the course.
  950         Section 14. Section 1008.322, Florida Statutes, is created
  951  to read:
  952         1008.322 Board of Governors oversight enforcement
  953  authority.—
  954         (1) The Board of Governors of the State University System
  955  shall oversee the performance of state university boards of
  956  trustees in the enforcement of laws, rules, and regulations.
  957  State university boards of trustees shall be primarily
  958  responsible for compliance with laws and Board of Governors’
  959  rules and regulations.
  960         (2)The Board of Governors’ constitutional authority to
  961  operate, regulate, control, and be fully responsible for the
  962  management of the State University System mandates that the
  963  state universities comply with all requests by the Board of
  964  Governors for information, data, and reports. State university
  965  presidents are responsible for the accuracy of the information
  966  and data reported to the Board of Governors.
  967         (3)The Chancellor of the State University System may
  968  investigate allegations of noncompliance with law or Board of
  969  Governors’ rule or regulation and determine probable cause. The
  970  chancellor shall report determinations of probable cause to the
  971  Board of Governors, which may require the university board of
  972  trustees to document compliance with law or Board of Governors’
  973  rule or regulation.
  974         (4)If the university board of trustees cannot
  975  satisfactorily document compliance, the Board of Governors may
  976  order compliance within a specified timeframe.
  977         (5)If the Board of Governors determines that a state
  978  university board of trustees is unwilling or unable to comply
  979  with law or Board of Governors’ rule or regulation or an audit
  980  recommendation within the specified time, the Board of
  981  Governors, in addition to actions constitutionally authorized,
  982  may initiate any of the following actions:
  983         (a)Withhold the transfer of state funds, discretionary
  984  grant funds, discretionary lottery funds, or any other funds
  985  appropriated to the Board of Governors by the Legislature for
  986  disbursement to the state university until the university
  987  complies with the law or Board of Governors’ rule or regulation.
  988         (b)Declare the state university ineligible for competitive
  989  grants disbursed by the Board of Governors.
  990         (c)Require monthly or periodic reporting on the situation
  991  related to noncompliance until it is remedied.
  992         (d)Report to the Legislature that the state university is
  993  unwilling or unable to comply with law or Board of Governors’
  994  rule or regulation and recommend action to be taken by the
  995  Legislature.
  996         (6) This section does not create a private cause of action
  997  or create any rights for individuals or entities in addition to
  998  those provided elsewhere in law, rule, or regulation.
  999         Section 15. Subsection (2) of section 1008.37, Florida
 1000  Statutes, is amended to read:
 1001         1008.37 Postsecondary feedback of information to high
 1002  schools.—
 1003         (2) No later than November 30 of each year, the
 1004  Commissioner of Education shall report, by high school, to the
 1005  State Board of Education, the Board of Governors, and the
 1006  Legislature, no later than November 30 of each year, on the
 1007  number of prior-year prior year Florida high school graduates
 1008  who enrolled for the first time in public postsecondary
 1009  education in this state during the previous summer, fall, or
 1010  spring term. The report must include, indicating the number of
 1011  students whose scores on the common placement test that is
 1012  required under s. 1008.30, indicate indicated the need to attain
 1013  communication and computation skills through developmental
 1014  education options offered by a public postsecondary institution
 1015  or through for remediation through college-preparatory or
 1016  vocational-preparatory instruction pursuant to s. 1004.91 or s.
 1017  1008.30.
 1018         Section 16. Paragraph (a) of subsection (3) of section
 1019  1009.22, Florida Statutes, is amended to read:
 1020         1009.22 Workforce education postsecondary student fees.—
 1021         (3)(a) Except as otherwise provided by law, fees for
 1022  students who are nonresidents for tuition purposes must offset
 1023  the full cost of instruction. Residency of students shall be
 1024  determined as required in s. 1009.21. Fee-nonexempt students
 1025  enrolled in vocational-preparatory instruction shall be charged
 1026  fees equal to the fees charged for adult general education
 1027  programs. Each Florida College System institution that conducts
 1028  college-preparatory and vocational-preparatory instruction in
 1029  the same class section may charge a single fee for both types of
 1030  instruction.
 1031         Section 17. Subsection (1), paragraph (a) of subsection
 1032  (3), and subsection (10) of section 1009.23, Florida Statutes,
 1033  are amended to read:
 1034         1009.23 Florida College System institution student fees.—
 1035         (1) Unless otherwise provided, this section applies only to
 1036  fees charged for college credit instruction leading to an
 1037  associate in arts degree, an associate in applied science
 1038  degree, an associate in science degree, or a baccalaureate
 1039  degree authorized pursuant to s. 1007.33, for developmental
 1040  education noncollege credit college-preparatory courses defined
 1041  in s. 1004.02, and for educator preparation institute programs
 1042  defined in s. 1004.85.
 1043         (3)(a) Effective July 1, 2011, for advanced and
 1044  professional, postsecondary vocational, college preparatory, and
 1045  educator preparation institute programs, the standard tuition is
 1046  shall be $68.56 per credit hour for residents and nonresidents,
 1047  and the out-of-state fee is shall be $205.82 per credit hour.
 1048         (10) Each Florida College System institution board of
 1049  trustees is authorized to establish a separate fee for
 1050  technology, which may not exceed 5 percent of tuition per credit
 1051  hour or credit-hour equivalent for resident students and may not
 1052  exceed 5 percent of tuition and the out-of-state fee per credit
 1053  hour or credit-hour equivalent for nonresident students.
 1054  Revenues generated from the technology fee shall be used to
 1055  enhance instructional technology resources for students and
 1056  faculty. The technology fee may apply to both college credit and
 1057  college-preparatory instruction and shall not be included in any
 1058  award under the Florida Bright Futures Scholarship Program.
 1059  Fifty percent of technology fee revenues may be pledged by a
 1060  Florida College System institution board of trustees as a
 1061  dedicated revenue source for the repayment of debt, including
 1062  lease-purchase agreements, not to exceed the useful life of the
 1063  asset being financed. Revenues generated from the technology fee
 1064  may not be bonded.
 1065         Section 18. Section 1009.28, Florida Statutes, is repealed.
 1066         Section 19. Section 1009.285, Florida Statutes, is amended
 1067  to read:
 1068         1009.285 Fees for repeated enrollment in college-credit
 1069  courses.—A student enrolled in the same undergraduate college
 1070  credit course more than once, except for students enrolled in a
 1071  gateway course for an extended period of time under s. 1008.30,
 1072  must twice shall pay tuition at 100 percent of the full cost of
 1073  instruction, and may not be and shall not be included in
 1074  calculations of full-time equivalent enrollments for state
 1075  funding purposes. However, students who withdraw or fail a class
 1076  due to extenuating circumstances may be granted an exception
 1077  only once for each class if, provided that approval is granted
 1078  according to policy established by the Florida College System
 1079  institution board of trustees or the university board of
 1080  trustees. Each Florida College System institution and state
 1081  university may review and reduce fees paid by students due to
 1082  continued enrollment in a college-credit class on an individual
 1083  basis contingent upon the student’s financial hardship. For
 1084  purposes of this section, first-time enrollment in a class means
 1085  shall mean enrollment in a class beginning fall semester 1997,
 1086  and calculations of the full cost of instruction is shall be
 1087  based on the systemwide average of the prior year’s cost of
 1088  undergraduate programs for the Florida College System
 1089  institutions and the state universities. Boards of trustees may
 1090  make exceptions to this section for individualized study,
 1091  elective coursework, courses that are repeated as a requirement
 1092  of a major, and courses that are intended as continuing over
 1093  multiple semesters, excluding the repeat of coursework more than
 1094  once two times to increase grade point average or meet minimum
 1095  course grade requirements.
 1096         Section 20. Paragraph (g) of subsection (4) of section
 1097  1009.286, Florida Statutes, is amended to read:
 1098         1009.286 Additional student payment for hours exceeding
 1099  baccalaureate degree program completion requirements at state
 1100  universities.—
 1101         (4) For purposes of this section, credit hours earned under
 1102  the following circumstances are not calculated as hours required
 1103  to earn a baccalaureate degree:
 1104         (g) Remedial and English as a Second Language credit hours.
 1105         Section 21. Subsection (3) of section 1009.40, Florida
 1106  Statutes, is amended to read:
 1107         1009.40 General requirements for student eligibility for
 1108  state financial aid awards and tuition assistance grants.—
 1109         (3) Undergraduate students are eligible to receive
 1110  financial aid for a maximum of 8 semesters or 12 quarters.
 1111  However, undergraduate students participating in developmental
 1112  education and college-preparatory instruction, students
 1113  requiring additional time to complete the college-level
 1114  communication and computation skills testing programs, or
 1115  students enrolled in a 5-year undergraduate degree program are
 1116  eligible to receive financial aid for a maximum of 10 semesters
 1117  or 15 quarters.
 1118         Section 22. Subsection (10) of section 1009.53, Florida
 1119  Statutes, is amended to read:
 1120         1009.53 Florida Bright Futures Scholarship Program.—
 1121         (10) Funds from any scholarship within the Florida Bright
 1122  Futures Scholarship Program may not be used to pay for
 1123  developmental education remedial or college-preparatory
 1124  coursework.
 1125         Section 23. Subsection (7) of section 1009.531, Florida
 1126  Statutes, is repealed.
 1127         Section 24. Paragraph (b) of subsection (1) and subsection
 1128  (5) of section 1011.84, Florida Statutes, are amended to read:
 1129         1011.84 Procedure for determining state financial support
 1130  and annual apportionment of state funds to each Florida College
 1131  System institution district.—The procedure for determining state
 1132  financial support and the annual apportionment to each Florida
 1133  College System institution district authorized to operate a
 1134  Florida College System institution under the provisions of s.
 1135  1001.61 shall be as follows:
 1136         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 1137  COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
 1138         (b) The allocation of funds for Florida College System
 1139  institutions is shall be based on advanced and professional
 1140  disciplines, developmental education college-preparatory
 1141  programs, and other programs for adults funded pursuant to s.
 1142  1011.80.
 1143         (5) REPORT OF DEVELOPMENTAL REMEDIAL EDUCATION.—Each
 1144  Florida College System institution board of trustees shall
 1145  report, as a separate item in its annual cost accounting system,
 1146  the volume and cost of developmental education options provided
 1147  to help students attain the communication and computation skills
 1148  that are essential for college-level work pursuant to s. 1008.30
 1149  remedial education activities as a separate item in its annual
 1150  cost accounting system.
 1151         Section 25. The Division of Law Revision and Information is
 1152  directed to prepare a reviser’s bill for the 2014 Regular
 1153  Session of the Legislature to change the terms “General
 1154  Educational Development test” or “GED test” to “high school
 1155  equivalency examination” and the terms “general education
 1156  diploma,” “graduate equivalency diploma,” or “GED” to “high
 1157  school equivalency diploma” wherever those terms appear in the
 1158  Florida Statutes.
 1159         Section 26. This act shall take effect July 1, 2013.