Florida Senate - 2014 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1148
Ì264136&Î264136
576-02497-14
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to postsecondary education; amending
3 s. 1001.03, F.S.; requiring the State Board of
4 Education to review baccalaureate degree programs
5 currently offered by Florida College System
6 institutions, rather than proposed baccalaureate
7 degree programs; amending s. 1001.60, F.S.; revising
8 the purpose of the Florida College System with regard
9 to baccalaureate degrees; conforming provisions to
10 changes made by the act; deleting provisions that
11 authorize a Florida College System institution to
12 change its name; requiring a Florida College System
13 institution authorized to offer a baccalaureate degree
14 before a specified date to maintain an agreement with
15 the State Board of Education; repealing s. 1004.32,
16 F.S., relating to New College of Florida; amending s.
17 1004.65, F.S.; revising a Florida College System
18 institution’s primary responsibilities and secondary
19 role as they relate to providing upper-level
20 instruction and awarding baccalaureate degrees;
21 authorizing a Florida College System institution to
22 provide access to and award baccalaureate degrees for
23 the completion of baccalaureate degree programs that
24 are approved by the State Board of Education on or
25 before a specified date; amending s. 1007.33, F.S.;
26 prohibiting the State Board of Education from
27 approving a Florida College System institution’s
28 proposal to establish a new baccalaureate degree
29 program after a specified date; deleting legislative
30 intent relating to expanding access to baccalaureate
31 degree programs through Florida College System
32 institutions; authorizing a Florida College System
33 institution to offer baccalaureate degree programs
34 that are authorized by law before a specified date;
35 deleting provisions relating to the authorization of
36 the Board of Trustees of St. Petersburg College to
37 establish certain baccalaureate degree programs and
38 associate degree programs; deleting provisions
39 relating to the approval process for proposed
40 baccalaureate degree programs; conforming provisions
41 to changes made by the act; amending s. 1009.22, F.S.;
42 deleting a provision relating to the automatic rate of
43 inflation increase in tuition and out-of-state fee per
44 contact hour for workforce education programs;
45 deleting a requirement that the Office of Economic and
46 Demographic Research annually report the rate of
47 inflation to the Governor, the Legislature, and the
48 State Board of Education; deleting the definition of
49 the term “rate of inflation”; amending s. 1009.23,
50 F.S.; requiring the board of trustees of a Florida
51 College System institution to establish tuition and
52 out-of-state fees for upper-division courses in
53 baccalaureate degree programs at the same rate as
54 lower-division courses; deleting a provision relating
55 to the automatic rate of inflation increase in tuition
56 and out-of-state fees at Florida College System
57 institutions; deleting a requirement that the Office
58 of Economic and Demographic Research annually report
59 the rate of inflation to the Governor, the
60 Legislature, and the State Board of Education;
61 deleting the definition of the term “rate of
62 inflation”; amending s. 1009.24, F.S.; deleting a
63 provision relating to the automatic rate of inflation
64 increase in resident undergraduate tuition per credit
65 hour at state universities; deleting a requirement
66 that the Office of Economic and Demographic Research
67 annually report the rate of inflation to the Governor,
68 the Legislature, and the Board of Governors; deleting
69 the definition of the term “rate of inflation”;
70 revising the annual percentage increase allowed in the
71 aggregate sum of tuition and the tuition differential
72 at state universities; providing for retroactive
73 application; providing an effective date.
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. Subsection (15) of section 1001.03, Florida
78 Statutes, is amended to read:
79 1001.03 Specific powers of State Board of Education.—
80 (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
81 DEGREE PROGRAMS.—The State Board of Education shall provide for
82 the review and approval of proposals by Florida College System
83 institution institutions to offer baccalaureate degree programs
84 pursuant to s. 1007.33. A Florida College System institution, as
85 defined in s. 1000.21 which, that is approved to offer
86 baccalaureate degrees pursuant to s. 1007.33 remains under the
87 authority of the State Board of Education and the Florida
88 College System institution’s board of trustees.
89 Section 2. Subsections (1) and (2) of section 1001.60,
90 Florida Statutes, are amended to read:
91 1001.60 Florida College System.—
92 (1) PURPOSES.—In order to maximize open access for
93 students, respond to community needs for postsecondary academic
94 education and career degree education, and provide associate and
95 baccalaureate degrees that will best meet the state’s employment
96 needs, the Legislature establishes a system of governance for
97 the Florida College System.
98 (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
99 College System comprised of the Florida College System
100 institutions identified in s. 1000.21(3). A Florida College
101 System institution may not offer graduate degree programs.
102 (a) The programs and services offered by Florida College
103 System institutions in providing associate and baccalaureate
104 degrees authorized on or before March 31, 2014, and associate
105 degrees shall be delivered in a cost-effective manner that
106 demonstrates substantial savings to the student and to the state
107 over the cost of providing the degree at a state university.
108 (b)1. A With the approval of its district board of
109 trustees, a Florida College System institution may change the
110 institution’s name set forth in s. 1000.21(3) and use the
111 designation “college” or “state college” if it has been
112 authorized to grant baccalaureate degrees pursuant to s. 1007.33
113 and has been accredited as a baccalaureate-degree-granting
114 institution by the Commission on Colleges of the Southern
115 Association of Colleges and Schools.
116 2. With the approval of its district board of trustees, a
117 Florida College System institution that does not meet the
118 criteria in subparagraph 1. may request approval from the State
119 Board of Education to change the institution’s name set forth in
120 s. 1000.21(3) and use the designation “college.” The State Board
121 of Education may approve the request if the Florida College
122 System institution authorized to offer a baccalaureate degree on
123 or before March 31, 2014, must maintain enters into an agreement
124 with the State Board of Education to do the following:
125 1.a. Maintain as its primary mission responsibility for
126 responding to community needs for postsecondary academic
127 education and career degree education as prescribed in s.
128 1004.65(5).
129 2.b. Maintain an open-door admissions policy for associate
130 level degree programs and workforce education programs.
131 3.c. Continue to provide outreach to underserved
132 populations.
133 4.d. Continue to provide remedial education.
134 5.e. Comply with all provisions of the statewide
135 articulation agreement that relate to 2-year and 4-year public
136 degree-granting institutions as adopted by the State Board of
137 Education pursuant to s. 1007.23.
138 (c) A district board of trustees that approves a change to
139 the name of an institution under paragraph (b) must seek
140 statutory codification of such name change in s. 1000.21(3)
141 during the next regular legislative session.
142 (c)(d) A Florida College System institution may not use the
143 designation “university.”
144 Section 3. Section 1004.32, Florida Statutes, is repealed.
145 Section 4. Paragraph (f) of subsection (5), subsection (6),
146 and paragraph (d) of subsection (8) of section 1004.65, Florida
147 Statutes, are amended to read:
148 1004.65 Florida College System institutions; governance,
149 mission, and responsibilities.—
150 (5) The primary mission and responsibility of Florida
151 College System institutions is responding to community needs for
152 postsecondary academic education and career degree education.
153 This mission and responsibility includes being responsible for:
154 (f) Providing upper level instruction and awarding
155 baccalaureate degrees as specifically authorized by law.
156 (6) A separate and secondary role for Florida College
157 System institutions includes the providing of upper level
158 instruction, the awarding of baccalaureate degrees specifically
159 authorized by law, and the offering of programs in:
160 (a) Community services that are not directly related to
161 academic or occupational advancement.
162 (b) Adult education services, including adult basic
163 education, adult general education, adult secondary education,
164 and General Educational Development test instruction.
165 (c) Recreational and leisure services.
166 (8) Florida College System institutions are authorized to:
167 (d) Provide access to and award baccalaureate degrees for
168 the completion of baccalaureate degree programs that are
169 approved by the State Board of Education on or before March 31,
170 2014 in accordance with law.
171
172 Authority to offer one or more baccalaureate degree programs
173 does not alter the governance relationship of the Florida
174 College System institution with its district board of trustees
175 or the State Board of Education.
176 Section 5. Section 1007.33, Florida Statutes, is amended to
177 read:
178 1007.33 Site-determined baccalaureate degree access.—
179 (1)(a) The State Board of Education may not approve of a
180 Florida College System institution’s proposal to establish a new
181 baccalaureate degree program after March 31, 2014 Legislature
182 recognizes that public and private postsecondary educational
183 institutions play an essential role in improving the quality of
184 life and economic well-being of the state and its residents. The
185 Legislature also recognizes that economic development needs and
186 the educational needs of place-bound, nontraditional students
187 have increased the demand for local access to baccalaureate
188 degree programs. It is therefore the intent of the Legislature
189 to further expand access to baccalaureate degree programs
190 through the use of Florida College System institutions.
191 (b) For purposes of this section, the term “district”
192 refers to the county or counties served by a Florida College
193 System institution pursuant to s. 1000.21(3).
194 (2) A Any Florida College System institution that offers
195 one or more baccalaureate degree programs that are approved by
196 the State Board of Education on or before March 31, 2014, must:
197 (a) Maintain as its primary mission:
198 1. Responsibility for responding to community needs for
199 postsecondary academic education and career degree education as
200 prescribed in s. 1004.65(5).
201 2. The provision of associate degrees that provide access
202 to a university.
203 (b) Maintain an open-door admission policy for associate
204 level degree programs and workforce education programs.
205 (c) Continue to provide outreach to underserved
206 populations.
207 (d) Continue to provide remedial education.
208 (e) Comply with all provisions of the statewide
209 articulation agreement which relate to 2-year and 4-year public
210 degree-granting institutions as adopted by the State Board of
211 Education pursuant to s. 1007.23.
212 (f) Not award graduate credit.
213 (g) Not participate in intercollegiate athletics beyond the
214 2-year level.
215 (3) A Florida College System institution may not terminate
216 its associate in arts or associate in science degree programs as
217 a result of being authorized to offer one or more baccalaureate
218 degree programs. The Legislature intends that the primary
219 responsibility of a Florida College System institution,
220 including a Florida College System institution that offers
221 baccalaureate degree programs, continues to be the provision of
222 associate degrees that provide access to a university.
223 (4) A Florida College System institution may:
224 (a) Offer specified baccalaureate degree programs through
225 formal agreements between the Florida College System institution
226 and other regionally accredited postsecondary educational
227 institutions pursuant to s. 1007.22.
228 (b) Offer baccalaureate degree programs that were approved
229 by the State Board of Education on or before March 31, 2014
230 authorized by law prior to July 1, 2009.
231 (c) Beginning July 1, 2009, establish a first or subsequent
232 baccalaureate degree program for purposes of meeting district,
233 regional, or statewide workforce needs if approved by the State
234 Board of Education under this section.
235
236 Beginning July 1, 2009, the Board of Trustees of the St.
237 Petersburg College is authorized to establish one or more
238 bachelor of applied science degree programs based on an analysis
239 of workforce needs in Pinellas, Pasco, and Hernando Counties and
240 other counties approved by the Department of Education. For each
241 program selected, St. Petersburg College must offer a related
242 associate in science or associate in applied science degree
243 program, and the baccalaureate degree level program must be
244 designed to articulate fully with at least one associate in
245 science degree program. The college is encouraged to develop
246 articulation agreements for enrollment of graduates of related
247 associate in applied science degree programs. The Board of
248 Trustees of the St. Petersburg College is authorized to
249 establish additional baccalaureate degree programs if it
250 determines a program is warranted and feasible based on each of
251 the factors in paragraph (5)(d). Prior to developing or
252 proposing a new baccalaureate degree program, St. Petersburg
253 College shall engage in need, demand, and impact discussions
254 with the state university in its service district and other
255 local and regional, accredited postsecondary providers in its
256 region. Documentation, data, and other information from inter
257 institutional discussions regarding program need, demand, and
258 impact shall be provided to the college’s board of trustees to
259 inform the program approval process. Employment at St.
260 Petersburg College is governed by the same laws that govern
261 Florida College System institutions, except that upper-division
262 faculty are eligible for continuing contracts upon the
263 completion of the fifth year of teaching. Employee records for
264 all personnel shall be maintained as required by s. 1012.81.
265 (5) The approval process for baccalaureate degree programs
266 shall require:
267 (a) Each Florida College System institution to submit a
268 notice of its intent to propose a baccalaureate degree program
269 to the Division of Florida Colleges at least 100 days before the
270 submission of its proposal under paragraph (d). The notice must
271 include a brief description of the program, the workforce demand
272 and unmet need for graduates of the program to include evidence
273 from entities independent of the institution, the geographic
274 region to be served, and an estimated timeframe for
275 implementation. Notices of intent may be submitted by a Florida
276 College System institution at any time throughout the year. The
277 notice must also include evidence that the Florida College
278 System institution engaged in need, demand, and impact
279 discussions with the state university and other regionally
280 accredited postsecondary education providers in its service
281 district.
282 (b) The Division of Florida Colleges to forward the notice
283 of intent within 10 business days after receiving such notice to
284 the Chancellor of the State University System, the President of
285 the Independent Colleges and Universities of Florida, and the
286 Executive Director of the Commission for Independent Education.
287 State universities shall have 60 days following receipt of the
288 notice by the Chancellor of the State University System to
289 submit objections to the proposed new program or submit an
290 alternative proposal to offer the baccalaureate degree program.
291 If a proposal from a state university is not received within the
292 60-day period, the State Board of Education shall provide
293 regionally accredited private colleges and universities 30 days
294 to submit objections to the proposed new program or submit an
295 alternative proposal. Objections or alternative proposals shall
296 be submitted to the Division of Florida Colleges and must be
297 considered by the State Board of Education in making its
298 decision to approve or deny a Florida College System
299 institution’s proposal.
300 (c) An alternative proposal submitted by a state university
301 or private college or university to adequately address:
302 1. The extent to which the workforce demand and unmet need
303 described in the notice of intent will be met.
304 2. The extent to which students will be able to complete
305 the degree in the geographic region proposed to be served by the
306 Florida College System institution.
307 3. The level of financial commitment of the college or
308 university to the development, implementation, and maintenance
309 of the specified degree program, including timelines.
310 4. The extent to which faculty at both the Florida College
311 System institution and the college or university will
312 collaborate in the development and offering of the curriculum.
313 5. The ability of the Florida College System institution
314 and the college or university to develop and approve the
315 curriculum for the specified degree program within 6 months
316 after an agreement between the Florida College System
317 institution and the college or university is signed.
318 6. The extent to which the student may incur additional
319 costs above what the student would expect to incur if the
320 program were offered by the Florida College System institution.
321 (d) Each proposal submitted by a Florida College System
322 institution to, at a minimum, include:
323 1. A description of the planning process and timeline for
324 implementation.
325 2. An analysis of workforce demand and unmet need for
326 graduates of the program on a district, regional, or statewide
327 basis, as appropriate, including evidence from entities
328 independent of the institution.
329 3. Identification of the facilities, equipment, and library
330 and academic resources that will be used to deliver the program.
331 4. The program cost analysis of creating a new
332 baccalaureate degree when compared to alternative proposals and
333 other program delivery options.
334 5. The program’s admission requirements, academic content,
335 curriculum, faculty credentials, student-to-teacher ratios, and
336 accreditation plan.
337 6. The program’s enrollment projections and funding
338 requirements.
339 7. A plan of action if the program is terminated.
340 (e) The Division of Florida Colleges to review the
341 proposal, notify the Florida College System institution of any
342 deficiencies in writing within 30 days following receipt of the
343 proposal, and provide the Florida College System institution
344 with an opportunity to correct the deficiencies. Within 45 days
345 following receipt of a completed proposal by the Division of
346 Florida Colleges, the Commissioner of Education shall recommend
347 approval or disapproval of the proposal to the State Board of
348 Education. The State Board of Education shall consider such
349 recommendation, the proposal, and any objections or alternative
350 proposals at its next meeting. If the State Board of Education
351 disapproves the Florida College System institution’s proposal,
352 it shall provide the Florida College System institution with
353 written reasons for that determination.
354 (f) The Florida College System institution to obtain from
355 the Commission on Colleges of the Southern Association of
356 Colleges and Schools accreditation as a baccalaureate-degree
357 granting institution if approved by the State Board of Education
358 to offer its first baccalaureate degree program.
359 (g) The Florida College System institution to notify the
360 Commission on Colleges of the Southern Association of Colleges
361 and Schools of subsequent degree programs that are approved by
362 the State Board of Education and to comply with the
363 association’s required substantive change protocols for
364 accreditation purposes.
365 (5)(h) A The Florida College System institution authorized
366 to offer baccalaureate degrees must to annually, and upon
367 request of the State Board of Education, the Commissioner of
368 Education, the Chancellor of the Florida College System, or the
369 Legislature, report its status using the following performance
370 and compliance indicators:
371 (a)1. Obtaining and maintaining appropriate Southern
372 Association of Colleges and Schools accreditation;
373 (b)2. Maintaining qualified faculty and institutional
374 resources;
375 (c)3. Maintaining enrollment in previously approved
376 programs;
377 (d)4. Managing fiscal resources appropriately;
378 (e)5. Complying with the primary mission and responsibility
379 requirements in subsections (1) and (2) and (3); and
380 (f)6. Other indicators of success, including program
381 completions, placements, and surveys of graduates and employers.
382
383 The State Board of Education, upon review of the performance and
384 compliance indicators specified in this subsection, may require
385 a Florida College System institution’s board of trustees to
386 modify or terminate a baccalaureate degree program authorized
387 under this section.
388 (6) The State Board of Education shall adopt rules to
389 administer this section prescribe format and content
390 requirements and submission procedures for notices of intent,
391 proposals, alternative proposals, and compliance reviews under
392 subsection (5).
393 Section 6. Paragraph (d) of subsection (3) of section
394 1009.22, Florida Statutes, is amended to read:
395 1009.22 Workforce education postsecondary student fees.—
396 (3)
397 (d) Beginning with the 2008-2009 fiscal year and in the
398 fall semester of each year thereafter, the rate for the tuition
399 and the out-of-state fee per contact hour shall be increase at
400 the beginning of each fall semester at a rate equal to
401 inflation, unless otherwise provided in the General
402 Appropriations Act. If the rate is not provided in the General
403 Appropriations Act The Office of Economic and Demographic
404 Research shall report the rate of inflation to the President of
405 the Senate, the Speaker of the House of Representatives, the
406 Governor, and the State Board of Education each year prior to
407 March 1. For purposes of this paragraph, the rate of inflation
408 shall be defined as the rate of the 12-month percentage change
409 in the Consumer Price Index for All Urban Consumers, U.S. City
410 Average, All Items, or successor reports as reported by the
411 United States Department of Labor, Bureau of Labor Statistics,
412 or its successor for December of the previous year. In the event
413 the percentage change is negative, the tuition and out-of-state
414 fee must shall remain at the same level as the prior fiscal
415 year.
416 Section 7. Paragraph (b) of subsection (2) and paragraph
417 (c) of subsection (3) of section 1009.23, Florida Statutes, are
418 amended to read:
419 1009.23 Florida College System institution student fees.—
420 (2)
421 (b) Tuition and out-of-state fees for upper-division
422 courses must reflect the fact that the Florida College System
423 institution has a less expensive cost structure than that of a
424 state university. Therefore, the board of trustees shall
425 establish tuition and out-of-state fees for upper-division
426 courses in baccalaureate degree programs approved pursuant to s.
427 1007.33 at the same rate as lower-division courses unless
428 otherwise established by law or consistent with law and proviso
429 language in the General Appropriations Act. However, the board
430 of trustees may vary tuition and out-of-state fees only as
431 provided in subsection (6) and s. 1009.26(11).
432 (3)
433 (c) Beginning with the 2008-2009 fiscal year and in the
434 fall semester of each year thereafter, the rate for the tuition
435 and the out-of-state fee shall be increase at the beginning of
436 each fall semester at a rate equal to inflation, unless
437 otherwise provided in the General Appropriations Act. If the
438 rate is not provided in the General Appropriations Act The
439 Office of Economic and Demographic Research shall report the
440 rate of inflation to the President of the Senate, the Speaker of
441 the House of Representatives, the Governor, and the State Board
442 of Education each year prior to March 1. For purposes of this
443 paragraph, the rate of inflation shall be defined as the rate of
444 the 12-month percentage change in the Consumer Price Index for
445 All Urban Consumers, U.S. City Average, All Items, or successor
446 reports as reported by the United States Department of Labor,
447 Bureau of Labor Statistics, or its successor for December of the
448 previous year. In the event the percentage change is negative,
449 the tuition and the out-of-state fee per credit hour must shall
450 remain at the same levels as the prior fiscal year.
451 Section 8. Paragraph (b) of subsection (4) and paragraph
452 (b) of subsection (16) of section 1009.24, Florida Statutes, are
453 amended to read:
454 1009.24 State university student fees.—
455 (4)
456 (b) Beginning with the 2008-2009 fiscal year and in the
457 fall semester of each year thereafter, the rate for the resident
458 undergraduate tuition per credit hour shall be increase at the
459 beginning of each fall semester at a rate equal to inflation,
460 unless otherwise provided in the General Appropriations Act. If
461 the rate is not provided in the General Appropriations Act The
462 Office of Economic and Demographic Research shall report the
463 rate of inflation to the President of the Senate, the Speaker of
464 the House of Representatives, the Governor, and the Board of
465 Governors each year prior to March 1. For purposes of this
466 paragraph, the rate of inflation shall be defined as the rate of
467 the 12-month percentage change in the Consumer Price Index for
468 All Urban Consumers, U.S. City Average, All Items, or successor
469 reports as reported by the United States Department of Labor,
470 Bureau of Labor Statistics, or its successor for December of the
471 previous year. In the event the percentage change is negative,
472 the resident undergraduate tuition must shall remain at the same
473 level as the prior fiscal year.
474 (16) Each university board of trustees may establish a
475 tuition differential for undergraduate courses upon receipt of
476 approval from the Board of Governors. The tuition differential
477 must shall promote improvements in the quality of undergraduate
478 education and shall provide financial aid to undergraduate
479 students who exhibit financial need.
480 (b) Each tuition differential is subject to the following
481 conditions:
482 1. The tuition differential may be assessed on one or more
483 undergraduate courses or on all undergraduate courses at a state
484 university.
485 2. The tuition differential may vary by course or courses,
486 campus or center location, and by institution. Each university
487 board of trustees shall strive to maintain and increase
488 enrollment in degree programs related to math, science, high
489 technology, and other state or regional high-need fields when
490 establishing tuition differentials by course.
491 3. For each state university that has total research and
492 development expenditures for all fields of at least $100 million
493 per year as reported annually to the National Science
494 Foundation, the aggregate sum of tuition and the tuition
495 differential may not be increased by more than 6 15 percent of
496 the total charged for the aggregate sum of these fees in the
497 preceding fiscal year. For each state university that has total
498 research and development expenditures for all fields of less
499 than $100 million per year as reported annually to the National
500 Science Foundation, the aggregate sum of tuition and the tuition
501 differential may not be increased by more than 6 15 percent of
502 the total charged for the aggregate sum of these fees in the
503 preceding fiscal year.
504 4. The aggregate sum of undergraduate tuition and fees per
505 credit hour, including the tuition differential, may not exceed
506 the national average of undergraduate tuition and fees at 4-year
507 degree-granting public postsecondary educational institutions.
508 5. The tuition differential may shall not be included in
509 any award under the Florida Bright Futures Scholarship Program
510 established pursuant to ss. 1009.53-1009.538.
511 6. Beneficiaries having prepaid tuition contracts pursuant
512 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
513 which remain in effect, are exempt from the payment of the
514 tuition differential.
515 7. The tuition differential may not be charged to any
516 student who was in attendance at the university before July 1,
517 2007, and who maintains continuous enrollment.
518 8. The tuition differential may be waived by the university
519 for students who meet the eligibility requirements for the
520 Florida public student assistance grant established in s.
521 1009.50.
522 9. Subject to approval by the Board of Governors, the
523 tuition differential authorized pursuant to this subsection may
524 take effect with the 2009 fall term.
525 Section 9. This act shall take effect upon becoming a law
526 and shall apply retroactively to March 31, 2014.