Florida Senate - 2017                                     SB 374
       
       
        
       By Senators Hukill, Galvano, and Simpson
       
       14-00176A-17                                           2017374__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; providing
    3         a short title; renaming the Florida College System as
    4         the Florida Community College System; creating the
    5         State Board of Community Colleges; requiring the
    6         Governor to appoint the membership of the board;
    7         providing that the appointments are subject to
    8         confirmation by the Senate; requiring the Division of
    9         Florida Colleges to provide administrative support to
   10         the board until a specified date; transferring the
   11         Florida College System and the Division of Florida
   12         Colleges to the State Board of Community Colleges by a
   13         specified date; requiring the State Board of Community
   14         Colleges to appoint a Chancellor of the Florida
   15         Community College System by a specified date; amending
   16         s. 20.15, F.S.; removing the Division of Florida
   17         Colleges from within the Department of Education;
   18         requiring the department to provide support to the
   19         State Board of Community Colleges; creating s. 20.156,
   20         F.S.; creating the State Board of Community Colleges
   21         and assigning and housing it for administrative
   22         purposes, only, within the department; providing the
   23         personnel for the state board; providing the powers
   24         and duties of the state board; requiring the state
   25         board to conduct an organizational meeting by a
   26         specified date; amending s. 1000.03, F.S.; revising
   27         the function and mission of the Florida K-20 education
   28         system; requiring the State Board of Community
   29         Colleges to oversee enforcement of Florida Community
   30         College System laws and rules; amending s. 1000.05,
   31         F.S.; requiring the State Board of Community Colleges,
   32         instead of the Commissioner of Education, to make
   33         certain determinations regarding equal opportunities
   34         at Florida Community College System institutions;
   35         requiring the State Board of Community Colleges to
   36         adopt rules; amending s. 1001.02, F.S.; revising the
   37         general powers of the State Board of Education to
   38         exempt provisions relating to the Florida Community
   39         College System; amending s. 1001.03, F.S.; revising
   40         certain articulation accountability and enforcement
   41         measures; requiring the State Board of Education to
   42         collect information in conjunction with the Board of
   43         Governors and the State Board of Community Colleges;
   44         deleting duties of the State Board of Education
   45         regarding the Florida Community College System;
   46         amending ss. 1001.10 and 1001.11, F.S.; revising the
   47         general powers and duties of the Commissioner of
   48         Education to exempt certain powers and duties related
   49         to the Florida Community College System; amending s.
   50         1001.20, F.S.; revising duties of the Office of
   51         Inspector General within the department regarding the
   52         Florida Community College System; amending s. 1001.28,
   53         F.S.; providing that the powers and duties of the
   54         State Board of Community Colleges are not abrogated,
   55         superseded, altered, or amended by certain provisions
   56         relating to the department’s duties for distance
   57         learning; amending s. 1001.42, F.S.; prohibiting a
   58         technical center governing board from approving
   59         certain types of courses and programs; amending s.
   60         1001.44, F.S.; providing the primary mission of a
   61         career center operated by a district school board;
   62         prohibiting specified career centers from offering
   63         certain courses and programs; amending s. 1001.60,
   64         F.S.; conforming provisions to changes made by the
   65         act; creating s. 1001.601, F.S.; establishing the
   66         State Board of Community Colleges; providing the
   67         membership of the board; creating s. 1001.602, F.S.;
   68         providing the responsibilities and duties of the State
   69         Board of Community Colleges; requiring the board to
   70         coordinate with the State Board of Education; amending
   71         ss. 1001.61, 1001.64, 1001.65, 1001.66, and 1001.67,
   72         F.S.; conforming provisions to changes made by the
   73         act; amending s. 1001.706, F.S.; revising cooperation
   74         duties of the Board of Governors to include
   75         requirements for working with the State Board of
   76         Community Colleges; amending s. 1002.34, F.S.;
   77         providing the primary mission of a charter technical
   78         career center; prohibiting specified career centers or
   79         charter technical career centers from offering certain
   80         courses and programs; requiring the State Board of
   81         Education to adopt rules; amending s. 1003.491, F.S.;
   82         revising the Florida Career and Professional Education
   83         Act to require the State Board of Community Colleges
   84         to recommend, jointly with the Board of Governors and
   85         the Commissioner of Education, certain deadlines for
   86         new core courses; amending s. 1003.493, F.S.; revising
   87         department duties regarding articulation and the
   88         transfer of credits to postsecondary institutions to
   89         include consultation with the State Board of Community
   90         Colleges; amending s. 1004.015, F.S.; providing that
   91         the Higher Education Coordinating Council serves as an
   92         advisory board to, in addition to other bodies, the
   93         State Board of Community Colleges; revising council
   94         reporting requirements to include a report to the
   95         State Board of Community Colleges; requiring the State
   96         Board of Community Colleges, in addition to other
   97         entities, to provide administrative support for the
   98         council; amending ss. 1004.02 and 1004.03, F.S.;
   99         conforming provisions to changes made by the act;
  100         amending s. 1004.04, F.S.; revising department
  101         reporting requirements regarding teacher preparation
  102         programs to require a report to the State Board of
  103         Community Colleges; amending s. 1004.07, F.S.;
  104         providing that the State Board of Community Colleges,
  105         instead of the State Board of Education, provide
  106         guidelines for Florida Community College System
  107         institution boards of trustees’ policies; amending ss.
  108         1004.084, 1004.085, 1004.096, 1004.0961, 1004.35, and
  109         1004.6495, F.S.; conforming provisions to changes made
  110         by the act; amending s. 1004.65, F.S.; revising
  111         Florida Community College System institution
  112         governance, mission, and responsibilities to provide
  113         authority and duties to the State Board of Community
  114         Colleges, instead of the State Board of Education;
  115         providing that offering upper-level instruction and
  116         awarding baccalaureate degrees are a secondary and not
  117         a primary role of a Florida Community College System
  118         institution; amending ss. 1004.67, 1004.70, and
  119         1004.71, F.S.; conforming provisions to changes made
  120         by the act; amending s. 1004.74, F.S.; requiring the
  121         Chancellor of the Florida Community College System,
  122         jointly with the Commissioner of Education, to appoint
  123         members of the Council for the Florida School for the
  124         Arts; amending ss. 1004.78 and 1004.80, F.S.;
  125         conforming provisions to changes made by the act;
  126         amending s. 1004.91, F.S.; requiring the State Board
  127         of Community Colleges, instead of the State Board of
  128         Education, to provide certain rules for Florida
  129         Community College System institutions regarding
  130         requirements for career education program basic
  131         skills; amending s. 1004.92, F.S.; providing
  132         accountability for career education for the State
  133         Board of Community Colleges; revising the department’s
  134         accountability for career education; requiring the
  135         State Board of Education and the State Board of
  136         Community Colleges to adopt rules; amending s.
  137         1004.925, F.S.; revising industry certification
  138         requirements for automotive service technology
  139         education programs to include the State Board of
  140         Community Colleges; amending s. 1004.93, F.S.;
  141         conforming provisions to changes made by the act;
  142         amending s. 1006.60, F.S.; authorizing sanctions for
  143         violations of certain rules of the State Board of
  144         Community Colleges, instead of the State Board of
  145         Education; amending ss. 1006.61, 1006.62, and 1006.71,
  146         F.S.; conforming provisions to changes made by the
  147         act; amending s. 1007.01, F.S.; revising the role of
  148         the State Board of Education and the Board of
  149         Governors in the statewide articulation system to
  150         include the State Board of Community Colleges and the
  151         Chancellor of the Florida Community College System;
  152         amending s. 1007.23, F.S.; requiring each Florida
  153         Community College System institution to execute at
  154         least one “2+2” targeted pathway articulation
  155         agreement by a specified time; providing requirements
  156         and student eligibility for the agreements; requiring
  157         the State Board of Community Colleges and the Board of
  158         Governors to collaborate to eliminate barriers for the
  159         agreements; amending s. 1007.24, F.S.; revising the
  160         statewide course numbering system to include
  161         participation by and input from the State Board of
  162         Community Colleges and the Chancellor of the Florida
  163         Community College System; amending ss. 1007.25,
  164         1007.262, 1007.263, 1007.264, 1007.265, and 1007.27,
  165         F.S.; conforming provisions to changes made by the
  166         act; amending s. 1007.271, F.S.; requiring the State
  167         Board of Education to collaborate with the State Board
  168         of Community Colleges regarding certain articulation
  169         agreements; amending s. 1007.273, F.S.; requiring the
  170         State Board of Community Colleges to enforce
  171         compliance with certain provisions relating to the
  172         collegiate high school program by a specified date
  173         each year; amending s. 1007.33, F.S.; prohibiting
  174         Florida Community College System institutions from
  175         offering bachelor of arts degree programs; deleting
  176         provisions relating to an authorization for the Board
  177         of Trustees of St. Petersburg College to establish
  178         certain baccalaureate degree programs; revising the
  179         approval process for baccalaureate degree programs
  180         proposed by Florida Community College System
  181         institutions; requiring a Florida Community College
  182         System institution to annually report certain
  183         information to the State Board of Community Colleges,
  184         the Chancellor of the State University System, and the
  185         Legislature; revising the circumstances under which a
  186         baccalaureate degree program may be required to be
  187         modified or terminated; requiring the termination of a
  188         baccalaureate degree program under certain
  189         circumstances; restricting total upper-level,
  190         undergraduate full-time equivalent enrollment at
  191         Florida Community College System institutions under
  192         certain circumstances; amending s. 1008.30, F.S.;
  193         requiring the State Board of Community Colleges,
  194         rather than the State Board of Education, to develop
  195         and implement a specified common placement test and
  196         approve a specified series of meta-majors and academic
  197         pathways with the Board of Governors; amending s.
  198         1008.31, F.S.; revising the legislative intent of
  199         Florida’s K-20 education performance and
  200         accountability system to include recommendations from
  201         and reports to the State Board of Community Colleges;
  202         amending s. 1008.32, F.S.; removing the oversight
  203         enforcement authority of the State Board of Education
  204         relating to the Florida Community College System;
  205         amending s. 1008.345, F.S.; removing provisions
  206         requiring the department to maintain a listing of
  207         certain skills associated with the system of
  208         educational accountability; amending s. 1008.37, F.S.;
  209         revising certain student reporting requirements of the
  210         Commissioner of Education to also require a report to
  211         the State Board of Community Colleges; amending s.
  212         1008.38, F.S.; revising the articulation
  213         accountability process to include participation by the
  214         State Board of Community Colleges; amending s.
  215         1008.405, F.S.; requiring the State Board of Community
  216         Colleges to adopt rules for the maintaining of
  217         specific information by Florida Community College
  218         System institutions; amending ss. 1008.44, 1008.45,
  219         1009.21, 1009.22, 1009.23, and 1009.25, F.S.;
  220         conforming provisions to changes made by the act;
  221         amending s. 1009.26, F.S.; requiring that certain
  222         information regarding fee waivers be reported to the
  223         State Board of Community Colleges; requiring the State
  224         Board of Community Colleges to adopt rules; amending
  225         s. 1009.28, F.S.; conforming provisions to changes
  226         made by the act; amending ss. 1009.90 and 1009.91,
  227         F.S.; revising the duties of the department to include
  228         reports to the State Board of Community Colleges;
  229         amending s. 1009.971, F.S.; conforming provisions to
  230         changes made by the act; amending s. 1010.01, F.S.;
  231         requiring the financial records and accounts of
  232         Florida Community College System institutions to
  233         follow rules of the State Board of Community Colleges,
  234         instead of the State Board of Education; requiring
  235         each Florida Community College System institution to
  236         annually file specified financial statements with the
  237         State Board of Community Colleges; amending ss.
  238         1010.02 and 1010.04, F.S.; requiring the funds
  239         accruing to and purchases and leases by Florida
  240         Community College System institutions to follow rules
  241         of the State Board of Community Colleges, instead of
  242         the State Board of Education; amending s. 1010.07,
  243         F.S.; requiring certain contractors to give bonds in
  244         an amount set by the State Board of Community
  245         Colleges; amending s. 1010.08, F.S.; authorizing
  246         Florida Community College System board of trustees to
  247         budget for promotion and public relations from certain
  248         funds; amending ss. 1010.09, 1010.22, 1010.30, and
  249         1010.58, F.S.; conforming provisions to changes made
  250         by the act; amending s. 1011.01, F.S.; requiring each
  251         Florida Community College System institution board of
  252         trustees to submit an annual operating budget
  253         according to rules of the State Board of Community
  254         Colleges; amending s. 1011.011, F.S.; requiring the
  255         State Board of Education to collaborate with the State
  256         Board of Community Colleges for legislative budget
  257         requests relating to Florida Community College System
  258         institutions; amending ss. 1011.30 and 1011.32, F.S.;
  259         conforming provisions to changes made by the act;
  260         amending s. 1011.80, F.S.; conforming provisions to
  261         changes made by the act; authorizing the State Board
  262         of Community Colleges to adopt rules; amending s.
  263         1011.801, F.S.; specifying duties of the State Board
  264         of Community Colleges regarding funds for the
  265         operation of workforce education programs and the
  266         Workforce Development Capitalization Incentive Grant
  267         Program; amending ss. 1011.81, 1011.82, 1011.83,
  268         1011.84, and 1011.85, F.S.; conforming provisions to
  269         changes made by the act; amending s. 1012.01, F.S.;
  270         redefining the term “school officers”; amending ss.
  271         1012.80, 1012.81, 1012.83, 1012.855, and 1012.86,
  272         F.S.; conforming provisions to changes made by the
  273         act; amending s. 1013.01, F.S.; providing that the
  274         term “board” does not include the State Board of
  275         Community Colleges when used in the context of certain
  276         educational facilities provisions; amending ss.
  277         1013.02 and 1013.03, F.S.; requiring the State Board
  278         of Community Colleges to adopt rules for and provide
  279         functions relating to educational facilities; amending
  280         s. 1013.28, F.S.; authorizing Florida Community
  281         College System institution boards of trustees to
  282         dispose of land or real property subject to rules of
  283         the State Board of Community Colleges; amending s.
  284         1013.31, F.S.; specifying the role of the State Board
  285         of Community Colleges in educational plant surveys for
  286         Florida Community College System institutions;
  287         amending ss. 1013.36, 1013.37, and 1013.40, F.S.;
  288         conforming provisions to changes made by the act;
  289         amending s. 1013.47, F.S.; providing that certain
  290         contractors are subject to rules of the State Board of
  291         Community Colleges; amending s. 1013.52, F.S.;
  292         specifying duties of the State Board of Community
  293         Colleges with regard to the cooperative development
  294         and joint use of facilities; amending s. 1013.65,
  295         F.S.; requiring the State Board of Community Colleges
  296         to be provided with copies of authorized allocations
  297         or reallocations for the Public Education Capital
  298         Outlay and Debt Service Trust Fund; requiring the
  299         Board of Governors and the State Board of Community
  300         Colleges to submit a report to the Governor and the
  301         Legislature by a specified date; providing a directive
  302         to the Division of Law Revision and Information;
  303         providing effective dates.
  304          
  305  Be It Enacted by the Legislature of the State of Florida:
  306  
  307         Section 1. This act may be cited as the “College
  308  Competitiveness Act of 2017.”
  309         Section 2. Florida Community College System Governance.—
  310         (1) Effective July 1, 2017:
  311         (a) The Florida College System, established in s. 1001.60,
  312  Florida Statutes, is renamed as the Florida Community College
  313  System.
  314         (b) The State Board of Community Colleges is created,
  315  pursuant to s. 20.156, Florida Statutes, to oversee and
  316  coordinate the Florida Community College System. The Governor
  317  shall appoint the membership of the State Board of Community
  318  Colleges, subject to confirmation by the Senate, in time for the
  319  members to convene for the board’s organizational meeting
  320  pursuant to s. 20.156(5), Florida Statutes.
  321         (c) The Division of Florida Colleges shall provide
  322  administrative support to the State Board of Community Colleges
  323  until September 30, 2017.
  324         (2)(a) Effective October 1, 2017, powers, duties,
  325  functions, records, offices, personnel, property, pending issues
  326  and existing contracts, administrative authority, administrative
  327  rules, and unexpended balances of appropriations, allocations,
  328  and other funds related to the Florida College System and the
  329  Division of Florida Colleges are transferred by a type two
  330  transfer, as defined in s. 20.06(2), Florida Statutes, from the
  331  State Board of Education to the State Board of Community
  332  Colleges.
  333         (b) The State Board of Community Colleges shall appoint a
  334  Chancellor of the Florida Community College System by November
  335  1, 2017, to aid the board in the implementation of its
  336  responsibilities.
  337         (c) Any current State Board of Education approvals,
  338  policies, guidance, and appointments remain effective unless
  339  acted upon by the State Board of Community Colleges.
  340         Section 3. Subsections (3) and (8) of section 20.15,
  341  Florida Statutes, are amended to read:
  342         20.15 Department of Education.—There is created a
  343  Department of Education.
  344         (3) DIVISIONS.—The following divisions of the Department of
  345  Education are established:
  346         (a)Division of Florida Colleges.
  347         (a)(b) Division of Public Schools.
  348         (b)(c) Division of Career and Adult Education.
  349         (c)(d) Division of Vocational Rehabilitation.
  350         (d)(e) Division of Blind Services.
  351         (e)(f) Division of Accountability, Research, and
  352  Measurement.
  353         (f)(g) Division of Finance and Operations.
  354         (g)(h) Office of K-20 Articulation.
  355         (h)(i) The Office of Independent Education and Parental
  356  Choice, which must include the following offices:
  357         1. The Office of Early Learning, which shall be
  358  administered by an executive director who is fully accountable
  359  to the Commissioner of Education. The executive director shall,
  360  pursuant to s. 1001.213, administer the early learning programs,
  361  including the school readiness program and the Voluntary
  362  Prekindergarten Education Program at the state level.
  363         2. The Office of K-12 School Choice, which shall be
  364  administered by an executive director who is fully accountable
  365  to the Commissioner of Education.
  366         (8) SUPPORT SERVICES.—The Department of Education shall
  367  continue to provide support to the Board of Governors of the
  368  State University System and to the State Board of Community
  369  Colleges of the Florida Community College System. At a minimum,
  370  support services provided to the Board of Governors and the
  371  State Board of Community Colleges shall include accounting,
  372  printing, computer and Internet support, personnel and human
  373  resources support, support for accountability initiatives, and
  374  administrative support as needed for trust funds under the
  375  jurisdiction of the Board of Governors and the State Board of
  376  Community Colleges.
  377         Section 4. Effective July 1, 2017, section 20.156, Florida
  378  Statutes, is created to read:
  379         20.156 State Board of Community Colleges.—
  380         (1) GENERAL PROVISIONS.—The State Board of Community
  381  Colleges is created. For the purposes of s. 6, Art. IV of the
  382  State Constitution, the state board shall be assigned to and
  383  administratively housed within the Department of Education.
  384  However, the state board shall independently exercise the powers
  385  and duties in s. 1001.602; is a separate budget program; and is
  386  not subject to control, supervision, or direction by the
  387  department. For purposes of this section, the State Board of
  388  Community Colleges is referred to as the “state board.”
  389         (2) HEAD OF THE FLORIDA COMMUNITY COLLEGE SYSTEM.—The state
  390  board is the head of the Florida Community College System. The
  391  Governor shall appoint the board members, subject to
  392  confirmation by the Senate.
  393         (3) PERSONNEL.—The state board shall appoint a Chancellor
  394  of the Florida Community College System by November 1, 2017, to
  395  aid in carrying out the state board’s duties. The chancellor is
  396  the chief executive officer and secretary to the state board and
  397  directs the activities of the staff of the state board. The
  398  Chancellor of the Division of Florida Colleges shall serve as
  399  the Chancellor of the Florida Community College System until the
  400  state board selects a chancellor.
  401         (4) POWERS AND DUTIES.—Effective October 1, 2017, the state
  402  board shall regulate, control, and be responsible for the
  403  management of the Florida Community College System.
  404         (5) ORGANIZATION.—The state board shall, by September 30,
  405  2017, conduct an organizational meeting to adopt bylaws, elect a
  406  chair and vice chair from the membership, and fix dates and
  407  places for regular meetings.
  408         Section 5. Subsections (2) and (4) of section 1000.03,
  409  Florida Statutes, are amended to read:
  410         1000.03 Function, mission, and goals of the Florida K-20
  411  education system.—
  412         (2)(a) The Legislature shall establish education policy,
  413  enact education laws, and appropriate and allocate education
  414  resources.
  415         (b) With the exception of matters relating to the State
  416  University System and the Florida Community College System, the
  417  State Board of Education shall oversee the enforcement of all
  418  laws and rules, and the timely provision of direction,
  419  resources, assistance, intervention when needed, and strong
  420  incentives and disincentives to force accountability for
  421  results.
  422         (c) The Board of Governors shall oversee the enforcement of
  423  all state university laws and rules and regulations and the
  424  timely provision of direction, resources, assistance,
  425  intervention when needed, and strong incentives and
  426  disincentives to force accountability for results.
  427         (d) The State Board of Community Colleges shall oversee the
  428  enforcement of all Florida Community College System laws and
  429  rules and the timely provision of direction, resources,
  430  assistance, intervention when needed, and strong incentives and
  431  disincentives to force accountability for results.
  432         (4) The mission of Florida’s K-20 education system is to
  433  allow its students to increase their proficiency by allowing
  434  them the opportunity to expand their knowledge and skills
  435  through rigorous and relevant learning opportunities, in
  436  accordance with the mission of the applicable career center or
  437  system statement and the accountability requirements of s.
  438  1008.31, and to avoid wasteful duplication of programs offered
  439  by state universities, Florida Community College System
  440  institutions, and career centers and charter technical career
  441  centers that are operated by a district school board or a
  442  Florida Community College System institution board of trustees.
  443         Section 6. Paragraph (d) of subsection (3) and subsections
  444  (5) and (6) of section 1000.05, Florida Statutes, are amended to
  445  read:
  446         1000.05 Discrimination against students and employees in
  447  the Florida K-20 public education system prohibited; equality of
  448  access required.—
  449         (3)
  450         (d) A public K-20 educational institution which operates or
  451  sponsors interscholastic, intercollegiate, club, or intramural
  452  athletics shall provide equal athletic opportunity for members
  453  of both genders.
  454         1. The Board of Governors shall determine whether equal
  455  opportunities are available at state universities.
  456         2. The Commissioner of Education, for school districts, and
  457  the Chancellor of the Florida Community College System, for
  458  Florida Community College System institutions, shall determine
  459  whether equal opportunities are available in school districts
  460  and Florida Community College System institutions. In
  461  determining whether equal opportunities are available in school
  462  districts and Florida Community College System institutions, the
  463  Commissioner of Education and the Chancellor of the Florida
  464  Community College System shall consider, among other factors:
  465         a. Whether the selection of sports and levels of
  466  competition effectively accommodate the interests and abilities
  467  of members of both genders.
  468         b. The provision of equipment and supplies.
  469         c. Scheduling of games and practice times.
  470         d. Travel and per diem allowances.
  471         e. Opportunities to receive coaching and academic tutoring.
  472         f. Assignment and compensation of coaches and tutors.
  473         g. Provision of locker room, practice, and competitive
  474  facilities.
  475         h. Provision of medical and training facilities and
  476  services.
  477         i. Provision of housing and dining facilities and services.
  478         j. Publicity.
  479  
  480  Unequal aggregate expenditures for members of each gender or
  481  unequal expenditures for male and female teams if a public
  482  school or Florida Community College System institution operates
  483  or sponsors separate teams do not constitute nonimplementation
  484  of this subsection, but the Commissioner of Education shall
  485  consider the failure to provide necessary funds for teams for
  486  one gender in assessing equality of opportunity for members of
  487  each gender.
  488         (5)(a) The State Board of Education shall adopt rules to
  489  implement this section as it relates to school districts and
  490  Florida College System institutions.
  491         (b) The Board of Governors shall adopt regulations to
  492  implement this section as it relates to state universities.
  493         (c) The State Board of Community Colleges shall adopt rules
  494  to implement this section as it relates to Florida Community
  495  College System institutions.
  496         (6) The functions of the State Board of Community Colleges
  497  for Florida Community College System institutions and the Office
  498  of Equal Educational Opportunity of the Department of Education
  499  shall include, but are not limited to:
  500         (a) Requiring all district school boards and Florida
  501  Community College System institution boards of trustees to
  502  develop and submit plans for the implementation of this section
  503  to the Department of Education.
  504         (b) Conducting periodic reviews of school districts and
  505  Florida Community College System institutions to determine
  506  compliance with this section and, after a finding that a school
  507  district or a Florida Community College System institution is
  508  not in compliance with this section, notifying the entity of the
  509  steps that it must take to attain compliance and performing
  510  followup monitoring.
  511         (c) Providing technical assistance, including assisting
  512  school districts or Florida Community College System
  513  institutions in identifying unlawful discrimination and
  514  instructing them in remedies for correction and prevention of
  515  such discrimination and performing followup monitoring.
  516         (d) Conducting studies of the effectiveness of methods and
  517  strategies designed to increase the participation of students in
  518  programs and courses in which students of a particular race,
  519  ethnicity, national origin, gender, disability, or marital
  520  status have been traditionally underrepresented and monitoring
  521  the success of students in such programs or courses, including
  522  performing followup monitoring.
  523         (e) Requiring all district school boards and Florida
  524  Community College System institution boards of trustees to
  525  submit data and information necessary to determine compliance
  526  with this section. The Commissioner of Education, for school
  527  districts, and the Chancellor of the Florida Community College
  528  System, for Florida Community College System institutions, shall
  529  prescribe the format and the date for submission of such data
  530  and any other educational equity data. If any board does not
  531  submit the required compliance data or other required
  532  educational equity data by the prescribed date, the commissioner
  533  shall notify the board of this fact and, if the board does not
  534  take appropriate action to immediately submit the required
  535  report, the State Board of Education shall impose monetary
  536  sanctions.
  537         (f) Based upon rules of the State Board of Education, for
  538  school districts, and the State Board of Community Colleges, for
  539  Florida Community College System institutions, developing and
  540  implementing enforcement mechanisms with appropriate penalties
  541  to ensure that public K-12 schools and Florida Community College
  542  System institutions comply with Title IX of the Education
  543  Amendments of 1972 and subsection (3) of this section. However,
  544  the State Board of Education may not force a public school or
  545  Florida Community College System institution to conduct, nor
  546  penalize such entity for not conducting, a program of athletic
  547  activity or athletic scholarship for female athletes unless it
  548  is an athletic activity approved for women by a recognized
  549  association whose purpose is to promote athletics and a
  550  conference or league exists to promote interscholastic or
  551  intercollegiate competition for women in that athletic activity.
  552         (g) Reporting to the Commissioner of Education, for school
  553  districts, or to the Chancellor of the Florida Community College
  554  System, for Florida Community College System institutions, any
  555  district school board or Florida Community College System
  556  institution board of trustees found to be out of compliance with
  557  rules of the State Board of Education or the State Board of
  558  Community Colleges adopted as required by paragraph (f) or
  559  paragraph (3)(d). To penalize the respective board, the State
  560  Board of Education or the State Board of Community Colleges, as
  561  applicable, shall:
  562         1. Declare the school district or Florida Community College
  563  System institution ineligible for competitive state grants.
  564         2. Notwithstanding the provisions of s. 216.192, direct the
  565  Chief Financial Officer to withhold general revenue funds
  566  sufficient to obtain compliance from the school district or
  567  Florida Community College System institution.
  568  
  569  The school district or Florida Community College System
  570  institution shall remain ineligible and the funds may shall not
  571  be paid until the institution comes into compliance or the State
  572  Board of Education or the State Board of Community Colleges, as
  573  applicable, approves a plan for compliance.
  574         Section 7. Section 1001.02, Florida Statutes, is amended to
  575  read:
  576         1001.02 General powers of State Board of Education.—
  577         (1) The State Board of Education is the chief implementing
  578  and coordinating body of public education in Florida except for
  579  the State University System and the Florida Community College
  580  System, and it shall focus on high-level policy decisions. It
  581  has authority to adopt rules pursuant to ss. 120.536(1) and
  582  120.54 to implement the provisions of law conferring duties upon
  583  it for the improvement of the state system of K-20 public
  584  education except for the State University System and the Florida
  585  Community College System. Except as otherwise provided herein,
  586  it may, as it finds appropriate, delegate its general powers to
  587  the Commissioner of Education or the directors of the divisions
  588  of the department.
  589         (2) The State Board of Education has the following duties:
  590         (a) To adopt comprehensive educational objectives for
  591  public education except for the State University System and the
  592  Florida Community College System.
  593         (b) To adopt comprehensive long-range plans and short-range
  594  programs for the development of the state system of public
  595  education except for the State University System and the Florida
  596  Community College System.
  597         (c) To exercise general supervision over the divisions of
  598  the Department of Education as necessary to ensure coordination
  599  of educational plans and programs and resolve controversies and
  600  to minimize problems of articulation and student transfers, to
  601  ensure that students moving from one level of education to the
  602  next have acquired competencies necessary for satisfactory
  603  performance at that level, and to ensure maximum utilization of
  604  facilities.
  605         (d) To adopt, in consultation with the Board of Governors
  606  and the State Board of Community Colleges, and from time to time
  607  modify, minimum and uniform standards of college-level
  608  communication and computation skills generally associated with
  609  successful performance and progression through the baccalaureate
  610  level and to identify college-preparatory high school coursework
  611  and postsecondary-level coursework that prepares students with
  612  the academic skills necessary to succeed in postsecondary
  613  education.
  614         (e) To adopt and submit to the Governor and Legislature, as
  615  provided in s. 216.023, a coordinated K-20 education budget that
  616  estimates the expenditure requirements for the Board of
  617  Governors, as provided in s. 1001.706, the State Board of
  618  Education, including the Department of Education and the
  619  Commissioner of Education, and all of the boards, institutions,
  620  agencies, and services under the general supervision of the
  621  Board of Governors, as provided in s. 1001.706, the State Board
  622  of Community Colleges, as provided in s. 1001.602, or the State
  623  Board of Education for the ensuing fiscal year. The State Board
  624  of Education may not amend the budget request submitted by the
  625  Board of Governors or the State Board of Community Colleges. Any
  626  program recommended by the Board of Governors, the State Board
  627  of Community Colleges, or the State Board of Education which
  628  will require increases in state funding for more than 1 year
  629  must be presented in a multiyear budget plan.
  630         (f) To hold meetings, transact business, keep records,
  631  adopt a seal, and, except as otherwise provided by law, perform
  632  such other duties as may be necessary for the enforcement of
  633  laws and rules relating to the state system of public education.
  634         (g) To approve plans for cooperating with the Federal
  635  Government.
  636         (h) To approve plans for cooperating with other public
  637  agencies in the development of rules and in the enforcement of
  638  laws for which the state board and such agencies are jointly
  639  responsible.
  640         (i) To review plans for cooperating with appropriate
  641  nonpublic agencies for the improvement of conditions relating to
  642  the welfare of schools.
  643         (j) To create such subordinate advisory bodies as are
  644  required by law or as it finds necessary for the improvement of
  645  education.
  646         (k) To constitute any education bodies or other structures
  647  as required by federal law.
  648         (l) To assist in the economic development of the state by
  649  developing a state-level planning process to identify future
  650  training needs for industry, especially high-technology
  651  industry.
  652         (m) To assist in the planning and economic development of
  653  the state by establishing a clearinghouse for information on
  654  educational programs of value to economic development.
  655         (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
  656  120.54, within statutory authority.
  657         (o) To authorize the allocation of resources in accordance
  658  with law and rule.
  659         (p) To contract with independent institutions accredited by
  660  an agency whose standards are comparable to the minimum
  661  standards required to operate a postsecondary career center
  662  educational institution at that level in the state. The purpose
  663  of the contract is to provide those educational programs and
  664  facilities which will meet needs unfulfilled by the state system
  665  of public postsecondary education.
  666         (q) To recommend that a district school board take action
  667  consistent with the state board’s decision relating to an appeal
  668  of a charter school application.
  669         (r) To enforce systemwide education goals and policies
  670  except as otherwise provided by law.
  671         (s) To establish a detailed procedure for the
  672  implementation and operation of a systemwide K-20 technology
  673  plan that is based on a common set of data definitions.
  674         (t) To establish accountability standards for existing
  675  legislative performance goals, standards, and measures, and
  676  order the development of mechanisms to implement new legislative
  677  goals, standards, and measures.
  678         (u) To adopt criteria and implementation plans for future
  679  growth issues, such as new Florida College System institutions
  680  and Florida College System institution campus mergers, and to
  681  provide for cooperative agreements between and within public and
  682  private education sectors.
  683         (v) To develop, in conjunction with the Board of Governors
  684  and the State Board of Community Colleges, and periodically
  685  review for adjustment, a coordinated 5-year plan for
  686  postsecondary enrollment, identifying enrollment and graduation
  687  expectations by baccalaureate degree program, and annually
  688  submit the plan to the Legislature as part of its legislative
  689  budget request.
  690         (w) Beginning in the 2014-2015 academic year and annually
  691  thereafter, to require each Florida College System institution
  692  prior to registration to provide each enrolled student
  693  electronic access to the economic security report of employment
  694  and earning outcomes prepared by the Department of Economic
  695  Opportunity pursuant to s. 445.07.
  696         (3)(a) The State Board of Education shall adopt a strategic
  697  plan that specifies goals and objectives for the state’s public
  698  schools and Florida College System institutions. The plan shall
  699  be formulated in conjunction with plans of the Board of
  700  Governors and the State Board of Community Colleges in order to
  701  provide for the roles of the universities and Florida Community
  702  College System institutions to be coordinated to best meet state
  703  needs and reflect cost-effective use of state resources. The
  704  strategic plan must clarify the mission statements of each
  705  Florida Community College System institution and the system as a
  706  whole and identify degree programs, including baccalaureate
  707  degree programs, to be offered at each Florida Community College
  708  System institution in accordance with the objectives provided in
  709  this subsection and the coordinated 5-year plan pursuant to
  710  paragraph (2)(v). The strategic plan must cover a period of 5
  711  years, with modification of the program lists after 2 years.
  712  Development of each 5-year plan must be coordinated with and
  713  initiated after completion of the master plan. The strategic
  714  plans must specifically include programs and procedures for
  715  responding to the educational needs of teachers and students in
  716  the public schools of this state and consider reports and
  717  recommendations of the Higher Education Coordinating Council
  718  pursuant to s. 1004.015 and the Articulation Coordinating
  719  Committee pursuant to s. 1007.01. The state board shall submit a
  720  report to the President of the Senate and the Speaker of the
  721  House of Representatives upon modification of the plan and as
  722  part of its legislative budget request.
  723         (b) The State Board of Education, and the Board of
  724  Governors, and the State Board of Community Colleges shall
  725  jointly develop long-range plans and annual reports for
  726  financial aid in this state. The long-range plans shall
  727  establish goals and objectives for a comprehensive program of
  728  financial aid for Florida students and shall be updated every 5
  729  years. The annual report shall include programs administered by
  730  the department as well as awards made from financial aid fee
  731  revenues, any other funds appropriated by the Legislature for
  732  financial assistance, and the value of tuition and fees waived
  733  for students enrolled in a dual enrollment course at a public
  734  postsecondary educational institution. The annual report shall
  735  include an assessment of progress made in achieving goals and
  736  objectives established in the long-range plans and
  737  recommendations for repealing or modifying existing financial
  738  aid programs or establishing new programs. A long-range plan
  739  shall be submitted by January 1, 2004, and every 5 years
  740  thereafter. An annual report shall be submitted on January 1,
  741  2004, and in each successive year that a long-range plan is not
  742  submitted, to the President of the Senate and the Speaker of the
  743  House of Representatives.
  744         (4) The State Board of Education shall:
  745         (a) Provide for each Florida College System institution to
  746  offer educational training and service programs designed to meet
  747  the needs of both students and the communities served.
  748         (b) Specify, by rule, procedures to be used by the Florida
  749  College System institution boards of trustees in the annual
  750  evaluations of presidents and review the evaluations of
  751  presidents by the boards of trustees, including the extent to
  752  which presidents serve both institutional and system goals.
  753         (c) Establish, in conjunction with the Board of Governors,
  754  an effective information system that will provide composite data
  755  concerning the Florida College System institutions and state
  756  universities and ensure that special analyses and studies
  757  concerning the institutions are conducted, as necessary, for
  758  provision of accurate and cost-effective information concerning
  759  the institutions.
  760         (d) Establish criteria for making recommendations for
  761  modifying district boundary lines for Florida College System
  762  institutions, including criteria for service delivery areas of
  763  Florida College System institutions authorized to grant
  764  baccalaureate degrees.
  765         (e) Establish criteria for making recommendations
  766  concerning all proposals for the establishment of additional
  767  centers or campuses for Florida College System institutions.
  768         (f) Examine the annual administrative review of each
  769  Florida College System institution.
  770         (g) adopt and submit to the Legislature a 3-year list of
  771  priorities for fixed-capital-outlay projects. The State Board of
  772  Education may not amend the 3-year list of priorities of the
  773  Board of Governors or the State Board of Community Colleges.
  774         (5) The State Board of Education is responsible for
  775  reviewing and administering the state program of support for the
  776  Florida College System institutions and, subject to existing
  777  law, shall establish the tuition and out-of-state fees for
  778  developmental education and for credit instruction that may be
  779  counted toward an associate in arts degree, an associate in
  780  applied science degree, or an associate in science degree.
  781         (6) The State Board of Education shall prescribe minimum
  782  standards, definitions, and guidelines for Florida College
  783  System institutions that will ensure the quality of education,
  784  coordination among the Florida College System institutions and
  785  state universities, and efficient progress toward accomplishing
  786  the Florida College System institution mission. At a minimum,
  787  these rules must address:
  788         (a) Personnel.
  789         (b) Contracting.
  790         (c) Program offerings and classification, including
  791  college-level communication and computation skills associated
  792  with successful performance in college and with tests and other
  793  assessment procedures that measure student achievement of those
  794  skills. The performance measures must provide that students
  795  moving from one level of education to the next acquire the
  796  necessary competencies for that level.
  797         (d) Provisions for curriculum development, graduation
  798  requirements, college calendars, and program service areas.
  799  These provisions must include rules that:
  800         1. Provide for the award of an associate in arts degree to
  801  a student who successfully completes 60 semester credit hours at
  802  the Florida College System institution.
  803         2. Require all of the credits accepted for the associate in
  804  arts degree to be in the statewide course numbering system as
  805  credits toward a baccalaureate degree offered by a state
  806  university or a Florida College System institution.
  807         3. Require no more than 36 semester credit hours in general
  808  education courses in the subject areas of communication,
  809  mathematics, social sciences, humanities, and natural sciences.
  810  
  811  The rules should encourage Florida College System institutions
  812  to enter into agreements with state universities that allow
  813  Florida College System institution students to complete upper
  814  division-level courses at a Florida College System institution.
  815  An agreement may provide for concurrent enrollment at the
  816  Florida College System institution and the state university and
  817  may authorize the Florida College System institution to offer an
  818  upper-division-level course or distance learning.
  819         (e) Student admissions, conduct and discipline,
  820  nonclassroom activities, and fees.
  821         (f) Budgeting.
  822         (g) Business and financial matters.
  823         (h) Student services.
  824         (i) Reports, surveys, and information systems, including
  825  forms and dates of submission.
  826         Section 8. Subsections (7) through (17) of section 1001.03,
  827  Florida Statutes, are amended to read:
  828         1001.03 Specific powers of State Board of Education.—
  829         (7) ARTICULATION ACCOUNTABILITY.—The State Board of
  830  Education shall develop articulation accountability measures
  831  that assess the status of systemwide articulation processes, in
  832  conjunction with the Board of Governors regarding the State
  833  University System and the State Board of Community Colleges
  834  regarding the Florida Community College System, and shall
  835  establish an articulation accountability process in accordance
  836  with the provisions of chapter 1008, in conjunction with the
  837  Board of Governors regarding the State University System and the
  838  State Board of Community Colleges regarding the Florida
  839  Community College System.
  840         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  841  shall enforce compliance with law and state board rule by all
  842  school districts and public postsecondary educational
  843  institutions, except for institutions within the State
  844  University System and the Florida Community College System, in
  845  accordance with the provisions of s. 1008.32.
  846         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
  847  Education, in conjunction with the Board of Governors regarding
  848  the State University System and the State Board of Community
  849  Colleges regarding the Florida Community College System, shall
  850  continue to collect and maintain, at a minimum, the management
  851  information databases for state universities, community
  852  colleges, and all other components of the public K-20 education
  853  system as such databases existed on June 30, 2002.
  854         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
  855  EDUCATION.—The State Board of Education, in conjunction with the
  856  Board of Governors, shall develop and implement a common
  857  placement test to assess the basic computation and communication
  858  skills of students who intend to enter a degree program at any
  859  Florida College System institution or state university.
  860         (10)(11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
  861  EDUCATION.—The State Board of Education shall adopt minimum
  862  standards relating to nonpublic postsecondary education and
  863  institutions, in accordance with the provisions of chapter 1005.
  864         (12) COMMON POSTSECONDARY DEFINITIONS.—The State Board of
  865  Education shall adopt, by rule, common definitions for associate
  866  in science degrees and for certificates.
  867         (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The
  868  State Board of Education shall provide for the cyclic review of
  869  all academic programs in Florida College System institutions at
  870  least every 7 years. Program reviews shall document how
  871  individual academic programs are achieving stated student
  872  learning and program objectives within the context of the
  873  institution’s mission. The results of the program reviews shall
  874  inform strategic planning, program development, and budgeting
  875  decisions at the institutional level.
  876         (11)(14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
  877  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of
  878  Education shall maintain a uniform classification system for
  879  school district administrative and management personnel that
  880  will facilitate the uniform coding of administrative and
  881  management personnel to total district employees.
  882         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
  883  DEGREE PROGRAMS.—The State Board of Education shall provide for
  884  the review and approval of proposals by Florida College System
  885  institutions to offer baccalaureate degree programs pursuant to
  886  s. 1007.33. A Florida College System institution, as defined in
  887  s. 1000.21, that is approved to offer baccalaureate degrees
  888  pursuant to s. 1007.33 remains under the authority of the State
  889  Board of Education and the Florida College System institution’s
  890  board of trustees. The State Board of Education may not approve
  891  Florida College System institution baccalaureate degree program
  892  proposals from March 31, 2014, through May 31, 2015.
  893         (16) PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
  894  the State Board of Education shall identify performance metrics
  895  for the Florida College System and develop a plan that specifies
  896  goals and objectives for each Florida College System
  897  institution. The plan must include:
  898         (a) Performance metrics and standards common for all
  899  institutions and metrics and standards unique to institutions
  900  depending on institutional core missions, including, but not
  901  limited to, remediation success, retention, graduation,
  902  employment, transfer rates, licensure passage, excess hours,
  903  student loan burden and default rates, job placement, faculty
  904  awards, and highly respected rankings for institution and
  905  program achievements.
  906         (b) Student enrollment and performance data delineated by
  907  method of instruction, including, but not limited to,
  908  traditional, online, and distance learning instruction.
  909         (12)(17) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
  910  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
  911  Education, in consultation with the Board of Governors, the
  912  State Board of Community Colleges, and the Department of
  913  Economic Opportunity, shall adopt a unified state plan to
  914  improve K-20 STEM education and prepare students for high-skill,
  915  high-wage, and high-demand employment in STEM and STEM-related
  916  fields.
  917         Section 9. Subsection (1), paragraphs (g) and (j) of
  918  subsection (6), and subsection (7) of section 1001.10, Florida
  919  Statutes, are amended to read:
  920         1001.10 Commissioner of Education; general powers and
  921  duties.—
  922         (1) The Commissioner of Education is the chief educational
  923  officer of the state and the sole custodian of the K-20 data
  924  warehouse, and is responsible for giving full assistance to the
  925  State Board of Education in enforcing compliance with the
  926  mission and goals of the K-20 education system except for the
  927  State University System and the Florida Community College
  928  System.
  929         (6) Additionally, the commissioner has the following
  930  general powers and duties:
  931         (g) To submit to the State Board of Education, on or before
  932  October 1 of each year, recommendations for a coordinated K-20
  933  education budget that estimates the expenditures for the Board
  934  of Governors, the State Board of Community Colleges, the State
  935  Board of Education, including the Department of Education and
  936  the Commissioner of Education, and all of the boards,
  937  institutions, agencies, and services under the general
  938  supervision of the Board of Governors, the State Board of
  939  Community Colleges, or the State Board of Education for the
  940  ensuing fiscal year. Any program recommended to the State Board
  941  of Education that will require increases in state funding for
  942  more than 1 year must be presented in a multiyear budget plan.
  943         (j) To implement a program of school improvement and
  944  education accountability designed to provide all students the
  945  opportunity to make adequate learning gains in each year of
  946  school as provided by statute and State Board of Education rule
  947  based upon the achievement of the state education goals,
  948  recognizing the following:
  949         1. The district school board is responsible for school and
  950  student performance.
  951         2. The individual school is the unit for education
  952  accountability.
  953         3. The Florida College System institution board of trustees
  954  is responsible for Florida College System institution
  955  performance and student performance.
  956         (7) The commissioner, or the commissioner’s designee, may
  957  conduct a review or investigation of practices, procedures, or
  958  actions at any Florida College System institution which appear
  959  to be inconsistent with sound financial, management, or academic
  960  practice.
  961         Section 10. Paragraphs (c) through (f) of subsection (1)
  962  and subsection (3) of section 1001.11, Florida Statutes, are
  963  amended to read:
  964         1001.11 Commissioner of Education; other duties.—
  965         (1) The Commissioner of Education must independently
  966  perform the following duties:
  967         (c) In cooperation with the Board of Governors and the
  968  State Board of Community Colleges, develop and implement a
  969  process for receiving and processing requests, in conjunction
  970  with the Legislature, for the allocation of PECO funds for
  971  qualified postsecondary education projects.
  972         (d) Integrally work with the boards of trustees of the
  973  Florida College System institutions.
  974         (d)(e) Monitor the activities of the State Board of
  975  Education and provide information related to current and pending
  976  policies to the members of the boards of trustees of the Florida
  977  Community College System institutions and state universities.
  978         (e)(f) Ensure the timely provision of information requested
  979  by the Legislature from the State Board of Education, the
  980  commissioner’s office, and the Department of Education.
  981         (3) Notwithstanding any other provision of law to the
  982  contrary, the Commissioner of Education, in conjunction with the
  983  Legislature, and the Board of Governors regarding the State
  984  University System, and the State Board of Community Colleges
  985  regarding the Florida Community College System, must recommend
  986  funding priorities for the distribution of capital outlay funds
  987  for public postsecondary educational institutions, based on
  988  priorities that include, but are not limited to, the following
  989  criteria:
  990         (a) Growth at the institutions.
  991         (b) Need for specific skills statewide.
  992         (c) Need for maintaining and repairing existing facilities.
  993         Section 11. Paragraph (e) of subsection (4) of section
  994  1001.20, Florida Statutes, is amended to read:
  995         1001.20 Department under direction of state board.—
  996         (4) The Department of Education shall establish the
  997  following offices within the Office of the Commissioner of
  998  Education which shall coordinate their activities with all other
  999  divisions and offices:
 1000         (e) Office of Inspector General.—Organized using existing
 1001  resources and funds and responsible for promoting
 1002  accountability, efficiency, and effectiveness and detecting
 1003  fraud and abuse within school districts and, the Florida School
 1004  for the Deaf and the Blind, and Florida College System
 1005  institutions in Florida. If the Commissioner of Education
 1006  determines that a district school board or, the Board of
 1007  Trustees for the Florida School for the Deaf and the Blind, or a
 1008  Florida College System institution board of trustees is
 1009  unwilling or unable to address substantiated allegations made by
 1010  any person relating to waste, fraud, or financial mismanagement
 1011  within the school district or, the Florida School for the Deaf
 1012  and the Blind, or the Florida College System institution, the
 1013  office shall conduct, coordinate, or request investigations into
 1014  such substantiated allegations. The office shall have access to
 1015  all information and personnel necessary to perform its duties
 1016  and shall have all of its current powers, duties, and
 1017  responsibilities authorized in s. 20.055.
 1018         Section 12. Section 1001.28, Florida Statutes, is amended
 1019  to read:
 1020         1001.28 Distance learning duties.—The duties of the
 1021  Department of Education concerning distance learning include,
 1022  but are not limited to, the duty to:
 1023         (1) Facilitate the implementation of a statewide
 1024  coordinated system and resource system for cost-efficient
 1025  advanced telecommunications services and distance education
 1026  which will increase overall student access to education.
 1027         (2) Coordinate the use of existing resources, including,
 1028  but not limited to, the state’s satellite transponders, the
 1029  Florida Information Resource Network (FIRN), and distance
 1030  learning initiatives.
 1031         (3) Assist in the coordination of the utilization of the
 1032  production and uplink capabilities available through Florida’s
 1033  public television stations, eligible facilities, independent
 1034  colleges and universities, private firms, and others as needed.
 1035         (4) Seek the assistance and cooperation of Florida’s cable
 1036  television providers in the implementation of the statewide
 1037  advanced telecommunications services and distance learning
 1038  network.
 1039         (5) Seek the assistance and cooperation of Florida’s
 1040  telecommunications carriers to provide affordable student access
 1041  to advanced telecommunications services and to distance
 1042  learning.
 1043         (6) Coordinate partnerships for development, acquisition,
 1044  use, and distribution of distance learning.
 1045         (7) Secure and administer funding for programs and
 1046  activities for distance learning from federal, state, local, and
 1047  private sources and from fees derived from services and
 1048  materials.
 1049         (8) Hire appropriate staff which may include a position
 1050  that shall be exempt from part II of chapter 110 and is included
 1051  in the Senior Management Service in accordance with s. 110.205.
 1052  
 1053  Nothing in this section shall be construed to abrogate,
 1054  supersede, alter, or amend the powers and duties of any state
 1055  agency, district school board, Florida Community College System
 1056  institution board of trustees, university board of trustees, the
 1057  Board of Governors, the State Board of Community Colleges, or
 1058  the State Board of Education.
 1059         Section 13. Effective July 1, 2017, subsection (26) of
 1060  section 1001.42, Florida Statutes, is amended to read:
 1061         1001.42 Powers and duties of district school board.—The
 1062  district school board, acting as a board, shall exercise all
 1063  powers and perform all duties listed below:
 1064         (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a
 1065  governing board for a school district technical center or a
 1066  system of technical centers for the purpose of aligning the
 1067  educational programs of the technical center with the needs of
 1068  local businesses and responding quickly to the needs of local
 1069  businesses for employees holding industry certifications. A
 1070  technical center governing board shall be comprised of seven
 1071  members, three of whom must be members of the district school
 1072  board or their designees and four of whom must be local business
 1073  leaders. The district school board shall delegate to the
 1074  technical center governing board decisions regarding entrance
 1075  requirements for students, curriculum, program development,
 1076  budget and funding allocations, and the development with local
 1077  businesses of partnership agreements and appropriate industry
 1078  certifications in order to meet local and regional economic
 1079  needs. A technical center governing board may approve only
 1080  courses and programs that contain industry certifications. A
 1081  course may be continued if at least 25 percent of the students
 1082  enrolled in the course attain an industry certification. If
 1083  fewer than 25 percent of the students enrolled in a course
 1084  attain an industry certification, the course must be
 1085  discontinued the following year. However, notwithstanding the
 1086  authority to approve courses and programs under this subsection,
 1087  a technical center governing board may not approve a college
 1088  credit course or a college credit certificate or an associate
 1089  degree or baccalaureate degree program.
 1090         Section 14. Effective July 1, 2017, section 1001.44,
 1091  Florida Statutes, is amended to read:
 1092         1001.44 Career centers; governance, mission, and
 1093  responsibilities.—
 1094         (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
 1095  CENTERS.—Any district school board, after first obtaining the
 1096  approval of the Department of Education, may, as a part of the
 1097  district school system, organize, establish and operate a career
 1098  center, or acquire and operate a career center previously
 1099  established.
 1100         (a) The primary mission of a career center that is operated
 1101  by a district school board is to promote advances and
 1102  innovations in workforce preparation and economic development. A
 1103  career center may provide a learning environment that serves the
 1104  needs of a specific population group or group of occupations,
 1105  thus promoting diversity and choices within the public technical
 1106  education community in this state.
 1107         (b) A career center that is operated by a district school
 1108  board may not offer a college credit course or a college credit
 1109  certificate or an associate degree or baccalaureate degree
 1110  program.
 1111         (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
 1112  ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
 1113  of any two or more contiguous districts may, upon first
 1114  obtaining the approval of the department, enter into an
 1115  agreement to organize, establish and operate, or acquire and
 1116  operate, a career center under this section.
 1117         (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
 1118  BY A DIRECTOR.—
 1119         (a) A career center established or acquired under
 1120  provisions of law and minimum standards prescribed by the
 1121  commissioner shall comprise a part of the district school system
 1122  and shall mean an educational institution offering terminal
 1123  courses of a technical nature which are not for college credit,
 1124  and courses for out-of-school youth and adults; shall be subject
 1125  to all applicable provisions of this code; shall be under the
 1126  control of the district school board of the school district in
 1127  which it is located; and shall be directed by a director
 1128  responsible through the district school superintendent to the
 1129  district school board of the school district in which the center
 1130  is located.
 1131         (b) Each career center shall maintain an academic
 1132  transcript for each student enrolled in the center. Such
 1133  transcript shall delineate each course completed by the student.
 1134  Courses shall be delineated by the course prefix and title
 1135  assigned pursuant to s. 1007.24. The center shall make a copy of
 1136  a student’s transcript available to any student who requests it.
 1137         Section 15. Section 1001.60, Florida Statutes, is amended
 1138  to read:
 1139         1001.60 Florida Community College System.—
 1140         (1) PURPOSES.—In order to maximize open access for
 1141  students, respond to community needs for postsecondary academic
 1142  education and career degree education, and provide associate and
 1143  baccalaureate degrees that will best meet the state’s employment
 1144  needs, the Legislature establishes a system of governance for
 1145  the Florida Community College System.
 1146         (2) FLORIDA COMMUNITY COLLEGE SYSTEM.—There shall be a
 1147  single Florida Community College System comprised of the Florida
 1148  Community College System institutions identified in s.
 1149  1000.21(3). A Florida Community College System institution may
 1150  not offer graduate degree programs.
 1151         (a) The programs and services offered by Florida Community
 1152  College System institutions in providing associate and
 1153  baccalaureate degrees shall be delivered in a cost-effective
 1154  manner that demonstrates substantial savings to the student and
 1155  to the state over the cost of providing the degree at a state
 1156  university.
 1157         (b)1. With the approval of its district board of trustees,
 1158  a Florida Community College System institution may change the
 1159  institution’s name set forth in s. 1000.21(3) and use the
 1160  designation “college” or “state college” if it has been
 1161  authorized to grant baccalaureate degrees pursuant to s. 1007.33
 1162  and has been accredited as a baccalaureate-degree-granting
 1163  institution by the Commission on Colleges of the Southern
 1164  Association of Colleges and Schools.
 1165         2. With the approval of its district board of trustees, a
 1166  Florida Community College System institution that does not meet
 1167  the criteria in subparagraph 1. may request approval from the
 1168  State Board of Education to change the institution’s name set
 1169  forth in s. 1000.21(3) and use the designation “college.” The
 1170  State Board of Community Colleges Education may approve the
 1171  request if the Florida Community College System institution
 1172  enters into an agreement with the State Board of Community
 1173  Colleges Education to do the following:
 1174         a. Maintain as its primary mission responsibility for
 1175  responding to community needs for postsecondary academic
 1176  education and career degree education as prescribed in s.
 1177  1004.65(5).
 1178         b. Maintain an open-door admissions policy for associate
 1179  level degree programs and workforce education programs.
 1180         c. Continue to provide outreach to underserved populations.
 1181         d. Continue to provide remedial education.
 1182         e. Comply with all provisions of the statewide articulation
 1183  agreement that relate to 2-year and 4-year public degree
 1184  granting institutions as adopted by the State Board of Community
 1185  Colleges Education pursuant to s. 1007.23.
 1186         (c) A district board of trustees that approves a change to
 1187  the name of an institution under paragraph (b) must seek
 1188  statutory codification of such name change in s. 1000.21(3)
 1189  during the next regular legislative session.
 1190         (d) A Florida Community College System institution may not
 1191  use the designation “university.”
 1192         (3) LOCAL BOARDS OF TRUSTEES.—Each institution within the
 1193  Florida Community College System shall be governed by a local
 1194  board of trustees as provided in s. 1001.64. The membership of
 1195  each local board of trustees shall be as provided in s. 1001.61.
 1196         Section 16. Effective July 1, 2017, section 1001.601,
 1197  Florida Statutes, is created to read:
 1198         1001.601 State Board of Community Colleges of the Florida
 1199  Community College System.—
 1200         (1) The State Board of Community Colleges is established as
 1201  a body corporate consisting of 13 members as follows: 12 citizen
 1202  members appointed by the Governor, one of whom must be a student
 1203  currently enrolled in a Florida Community College System
 1204  institution, and the Commissioner of Education. Appointed
 1205  members shall serve staggered 4-year terms. In order to achieve
 1206  staggered terms, beginning September 1, 2017, 4 members shall
 1207  serve a 2-year term, 4 members shall serve a 3-year term, and 4
 1208  members shall serve a 4-year term. Members may be reappointed to
 1209  one additional 4-year term.
 1210         (2) Members of the State Board of Community Colleges may
 1211  not receive compensation but may be reimbursed for travel and
 1212  per diem expenses as provided in s. 112.061.
 1213         Section 17. Section 1001.602, Florida Statutes, is created
 1214  to read:
 1215         1001.602 Powers and duties of the State Board of Community
 1216  Colleges.—
 1217         (1)RESPONSIBILITIES.—The State Board of Community Colleges
 1218  is responsible for the efficient and effective operation and
 1219  maintenance of the Florida Community College System, as defined
 1220  in s. 1001.60. The State Board of Community Colleges may adopt
 1221  rules pursuant to ss. 120.536(1) and 120.54 to implement
 1222  provisions of law for the Florida Community College System. For
 1223  the purposes of this section, the State Board of Community
 1224  Colleges is referred to as the “state board.”
 1225         (2) DUTIES.—The state board has the following duties:
 1226         (a) Ensure Florida Community College System institutions
 1227  operate consistent with the mission of the system, pursuant to
 1228  s. 1004.65.
 1229         (b) Oversee the Florida Community College System and
 1230  coordinate with the Board of Governors and the State Board of
 1231  Education to avoid wasteful duplication of facilities or
 1232  programs.
 1233         (c) Provide for each Florida Community College System
 1234  institution to offer educational training and service programs
 1235  designed to meet the needs of both students and the communities
 1236  served.
 1237         (d) Hold meetings, transact business, keep records, and,
 1238  except as otherwise provided by law, perform such other duties
 1239  as may be necessary for the enforcement of laws and rules
 1240  relating to the Florida Community College System.
 1241         (e) Provide for the coordination of educational plans and
 1242  programs to resolve controversies, minimize problems of
 1243  articulation and student transfers, ensure that students moving
 1244  from one level of education to the next have acquired
 1245  competencies necessary for satisfactory performance at that
 1246  level, and ensure maximum utilization of facilities.
 1247         (f) Establish and review, in consultation with the State
 1248  Board of Education and the Board of Governors, minimum and
 1249  uniform standards of college-level communication and computation
 1250  skills generally associated with successful performance and
 1251  progression through the baccalaureate level, to identify
 1252  college-preparatory high school coursework and postsecondary
 1253  level coursework that prepares students with the academic skills
 1254  necessary to succeed in postsecondary education.
 1255         (g) Approve plans for cooperating with the Federal
 1256  Government.
 1257         (h) Approve plans for cooperating with other public
 1258  agencies in the development of rules and in the enforcement of
 1259  laws for which the state board and the agencies are jointly
 1260  responsible.
 1261         (i) Create subordinate advisory bodies if required by law
 1262  or as necessary for the improvement of the Florida Community
 1263  College System.
 1264         (j) Coordinate with the State Board of Education to collect
 1265  and maintain data for the Florida Community College System.
 1266         (k) Establish, in conjunction with the State Board of
 1267  Education and the Board of Governors, an effective information
 1268  system that will provide composite data concerning the Florida
 1269  Community College System institutions and state universities and
 1270  that will ensure that special analyses and studies concerning
 1271  the institutions are conducted, as necessary, for provision of
 1272  accurate and cost-effective information concerning the
 1273  institutions.
 1274         (l) Establish accountability standards for existing
 1275  legislative performance goals, standards, and measures, and
 1276  order the development of mechanisms to implement new legislative
 1277  goals, standards, and measures.
 1278         (m) Require each Florida Community College System
 1279  institution, before registration, to provide each enrolled
 1280  student electronic access to the economic security report of
 1281  employment and earning outcomes prepared by the Department of
 1282  Economic Opportunity pursuant to s. 445.07.
 1283         (n) Specify, by rule, procedures to be used by Florida
 1284  Community College System institution boards of trustees in the
 1285  annual evaluation of presidents, and review the evaluations of
 1286  presidents by the boards of trustees, including the extent to
 1287  which presidents serve both institutional and system goals.
 1288         (o) Establish, subject to existing law, the tuition and
 1289  out-of-state fees for developmental education and for credit
 1290  instruction that may be counted toward an associate in arts
 1291  degree, an associate in applied science degree, or an associate
 1292  in science degree.
 1293         (p) Develop, in conjunction with the Board of Governors and
 1294  the State Board of Education, and implement a common placement
 1295  test to assess the basic computation and communication skills of
 1296  students who intend to enter a degree program at a Florida
 1297  Community College System institution or state university.
 1298         (q) May direct the Chancellor of the Florida Community
 1299  College System to conduct investigations of practices,
 1300  procedures, or actions at a Florida Community College System
 1301  institution which appear to be inconsistent with sound
 1302  financial, management, or academic practice.
 1303         (r) Examine the annual administrative review of each
 1304  Florida Community College System institution.
 1305         (s) Through the Chancellor of the Florida Community College
 1306  System, integrally work with the boards of trustees of the
 1307  Florida Community College System institutions.
 1308         (t) Establish criteria for making recommendations
 1309  concerning all proposals to establish additional centers or
 1310  campuses for a Florida Community College System institution.
 1311         (3) PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with
 1312  the requirements under subsection (4) and the performance
 1313  metrics and standards adopted under ss. 1001.66 and 110.67, the
 1314  state board shall identify performance metrics for the Florida
 1315  Community College System and develop a plan that specifies goals
 1316  and objectives for each Florida Community College System
 1317  institution. The plan must include:
 1318         (a) Performance metrics and standards common for all
 1319  institutions and metrics and standards unique to institutions
 1320  depending on institutional core missions, including, but not
 1321  limited to, remediation success, retention, graduation,
 1322  employment, transfer rates, licensure passage, excess hours,
 1323  student loan burden and default rates, job placement, faculty
 1324  awards, and highly respected rankings for institution and
 1325  program achievements.
 1326         (b) Student enrollment and performance data delineated by
 1327  method of instruction, including, but not limited to,
 1328  traditional, online, and distance learning instruction.
 1329         (4) STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.—
 1330         (a) The state board shall adopt a strategic plan that
 1331  specifies goals and objectives for the Florida Community College
 1332  System. The plan must be formulated in conjunction with plans of
 1333  the State Board of Education and the Board of Governors in order
 1334  to coordinate the roles of the school districts and universities
 1335  to best meet state needs and reflect cost-effective use of state
 1336  resources. The strategic plan must clarify the mission
 1337  statements of the Florida Community College System and each
 1338  Florida Community College System institution and identify degree
 1339  programs, including baccalaureate degree programs, to be offered
 1340  at each Florida Community College System institution in
 1341  accordance with the objectives provided in this subsection and
 1342  the coordinated 5-year plan pursuant to s. 1001.02(2)(v). The
 1343  strategic plan must cover a period of 5 years, with modification
 1344  of the program lists after 2 years. Development of each 5-year
 1345  plan must be coordinated with and initiated after completion of
 1346  the master plan. The strategic plan must consider reports and
 1347  recommendations of the Higher Education Coordinating Council
 1348  pursuant to s. 1004.015 and the Articulation Coordinating
 1349  Committee pursuant to s. 1007.01. Upon modification of the plan,
 1350  the state board shall submit a report to the President of the
 1351  Senate and the Speaker of the House of Representatives as part
 1352  of its legislative budget request.
 1353         (b) The state board, the State Board of Education, and the
 1354  Board of Governors shall jointly develop long-range plans and
 1355  annual reports for financial aid in this state. The long-range
 1356  plans must establish goals and objectives for a comprehensive
 1357  program of financial aid for students and shall be updated every
 1358  5 years. The annual report must include programs administered by
 1359  the department as well as awards made from financial aid fee
 1360  revenues, other funds appropriated by the Legislature for
 1361  financial assistance, and the value of tuition and fees waived
 1362  for students enrolled in a dual enrollment course at a public
 1363  postsecondary educational institution. The annual report must
 1364  include an assessment of the progress made in achieving goals
 1365  and objectives established in the long-range plans and must
 1366  include recommendations for repealing or modifying existing
 1367  financial aid programs or establishing new programs. The state
 1368  board, the State Board of Education, and the Board of Governors
 1369  shall submit their long-range plans by July 1, 2018, and every 5
 1370  years thereafter and shall submit their annual reports on July
 1371  1, 2018, and in each successive year that a long-range plan is
 1372  not submitted, to the President of the Senate and the Speaker of
 1373  the House of Representatives.
 1374         (c) The state board shall also:
 1375         1. Adopt comprehensive long-range plans and short-range
 1376  programs for the development of the Florida Community College
 1377  System.
 1378         2. Assist in the economic development of the state by
 1379  developing a state-level planning process to identify future
 1380  training needs for industry, especially high-technology
 1381  industry.
 1382         3. Adopt criteria and implementation plans for future
 1383  growth issues, such as new Florida Community College System
 1384  institutions and Florida Community College System institution
 1385  campus mergers, and provide for cooperative agreements between
 1386  and within public and private education sectors.
 1387         (5) MINIMUM STANDARDS AND GUIDELINES.—The state board shall
 1388  prescribe minimum standards, definitions, and guidelines for
 1389  Florida Community College System institutions which will ensure
 1390  the quality of education, coordination among the Florida
 1391  Community College System institutions and state universities,
 1392  and efficient progress toward accomplishing the Florida
 1393  Community College System institution’s mission. At a minimum,
 1394  these rules must address all of the following:
 1395         (a) Personnel.
 1396         (b) Contracting.
 1397         (c) Program offerings and classification, including
 1398  college-level communication and computation skills associated
 1399  with successful performance in college and with tests and other
 1400  assessment procedures that measure student achievement of those
 1401  skills. The performance measures must provide that students
 1402  moving from one level of education to the next acquire the
 1403  necessary competencies for that level.
 1404         (d) Provisions for curriculum development, graduation
 1405  requirements, college calendars, and program service areas.
 1406  These provisions must include rules that:
 1407         1. Provide for the award of an associate in arts degree to
 1408  a student who successfully completes 60 semester credit hours at
 1409  the Florida Community College System institution.
 1410         2. Require all of the credits accepted for the associate in
 1411  arts degree to be in the statewide course numbering system as
 1412  credits toward a baccalaureate degree offered by a state
 1413  university or a Florida Community College System institution.
 1414         3. Require no more than 36 semester credit hours in general
 1415  education courses in the subject areas of communication,
 1416  mathematics, social sciences, humanities, and natural sciences.
 1417  
 1418  The rules under this paragraph should encourage Florida
 1419  Community College System institutions to enter into agreements
 1420  with state universities which allow a Florida Community College
 1421  System institution student to complete upper-division-level
 1422  courses at a Florida Community College System institution. An
 1423  agreement may provide for concurrent enrollment at the Florida
 1424  Community College System institution and the state university
 1425  and may authorize the Florida Community College System
 1426  institution to offer an upper-division-level course or distance
 1427  learning.
 1428         (e) Student admissions, conduct and discipline;
 1429  nonclassroom activities; and fees.
 1430         (f) Budgeting.
 1431         (g) Business and financial matters.
 1432         (h) Student services.
 1433         (i) Reports, surveys, and information systems, including
 1434  forms and dates of submission.
 1435         (6) CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board
 1436  shall provide for the cyclic review of all academic programs in
 1437  Florida Community College System institutions at least every 7
 1438  years. Program reviews must document how individual academic
 1439  programs are achieving stated student learning and program
 1440  objectives within the context of the institution’s mission. The
 1441  results of the program reviews must inform strategic planning,
 1442  program development, and budgeting decisions at the
 1443  institutional level.
 1444         (7) FLORIDA COMMUNITY COLLEGE SYSTEM INSTITUTION
 1445  BACCALAUREATE DEGREE PROGRAMS.—The state board shall provide for
 1446  the review and approval of proposals by Florida Community
 1447  College System institutions to offer baccalaureate degree
 1448  programs pursuant to s. 1007.33. A Florida Community College
 1449  System institution, as defined in s. 1000.21, which is approved
 1450  to offer baccalaureate degrees pursuant to s. 1007.33 remains
 1451  under the authority of the state board and the Florida Community
 1452  College System institution’s board of trustees.
 1453         (8) MODIFICATIONS TO SERVICE AREA.—The state board shall
 1454  establish criteria for making recommendations for modifying
 1455  district boundary lines for a Florida Community College System
 1456  institution, including criteria for service delivery areas of a
 1457  Florida Community College System institution authorized to grant
 1458  baccalaureate degrees.
 1459         (9) PERFORMANCE OVERSIGHT.—The state board shall oversee
 1460  the performance of Florida Community College System institution
 1461  boards of trustees in enforcement of all laws and rules. Florida
 1462  Community College System institution boards of trustees are
 1463  primarily responsible for compliance with law and state board
 1464  rule.
 1465         (a) In order to ensure compliance with law or state board
 1466  rule, the state board has the authority to request and receive
 1467  information, data, and reports from Florida Community College
 1468  System institutions. The Florida Community College System
 1469  institution president is responsible for the accuracy of the
 1470  information and data reported to the state board.
 1471         (b) The Chancellor of the Florida Community College System
 1472  may investigate allegations of noncompliance with law or state
 1473  board rule and determine probable cause. The Chancellor shall
 1474  report determinations of probable cause to the State Board of
 1475  Community Colleges who shall require the Florida Community
 1476  College System institution board of trustees to document
 1477  compliance with law or state board rule.
 1478         (c) If the Florida Community College System institution
 1479  board of trustees cannot satisfactorily document compliance, the
 1480  state board may order compliance within a specified timeframe.
 1481         (d) If the state board determines that a Florida Community
 1482  College System institution board of trustees is unwilling or
 1483  unable to comply with law or state board rule within the
 1484  specified time, the state board has the authority to initiate
 1485  any of the following actions:
 1486         1. Report to the Legislature that the Florida Community
 1487  College System institution is unwilling or unable to comply with
 1488  law or state board rule and recommend that the Legislature take
 1489  action against the institution;
 1490         2. Withhold the transfer of state funds, discretionary
 1491  grant funds, discretionary lottery funds, or any other funds
 1492  specified as eligible for this purpose by the Legislature until
 1493  the Florida Community College System institution complies with
 1494  the law or state board rule;
 1495         3. Declare the Florida Community College System institution
 1496  ineligible for competitive grants; or
 1497         4. Require monthly or periodic reporting on the situation
 1498  related to noncompliance until it is remedied.
 1499         (e) This section may not be construed to create a private
 1500  cause of action or create any rights for individuals or entities
 1501  in addition to those provided elsewhere in law or rule.
 1502         (10) INSPECTOR GENERAL.—The inspector general is
 1503  responsible for promoting accountability, efficiency, and
 1504  effectiveness and detecting fraud and abuse within Florida
 1505  Community College System institutions. If the Chancellor of the
 1506  Florida Community College System determines that a Florida
 1507  Community College System institution board of trustees is
 1508  unwilling or unable to address substantiated allegations made by
 1509  any person relating to waste, fraud, or financial mismanagement
 1510  within the Florida Community College System institution, the
 1511  inspector general shall conduct, coordinate, or request
 1512  investigations into such substantiated allegations. The
 1513  inspector general shall have access to all information and
 1514  personnel necessary to perform its duties and shall have all of
 1515  his or her current powers, duties, and responsibilities
 1516  authorized in s. 20.055.
 1517         (11) COORDINATION WITH THE STATE BOARD OF EDUCATION.—The
 1518  state board shall coordinate with the State Board of Education:
 1519         (a) Pursuant to s. 1001.02(2)(e), in the adoption of a K-20
 1520  education budget.
 1521         (b) Pursuant to s. 1001.02(4)(g), to adopt and submit to
 1522  the Legislature a 3-year list of priorities for fixed-capital
 1523  outlay projects.
 1524         (12) COMMON POSTSECONDARY DEFINITIONS.—Adopt in
 1525  collaboration with the State Board of Education, by rule,
 1526  definitions for associate in science degrees and for
 1527  certificates offered by Florida Community College System
 1528  institutions.
 1529         Section 18. Section 1001.61, Florida Statutes, is amended
 1530  to read:
 1531         1001.61 Florida Community College System institution boards
 1532  of trustees; membership.—
 1533         (1)  Florida Community College System institution boards of
 1534  trustees shall be comprised of five members when a Florida
 1535  Community College System institution district is confined to one
 1536  school board district; seven members when a Florida Community
 1537  College System institution district is confined to one school
 1538  board district and the board of trustees so elects; and not more
 1539  than nine members when the district contains two or more school
 1540  board districts, as provided by rules of the State Board of
 1541  Community Colleges Education. However, Florida State College at
 1542  Jacksonville shall have an odd number of trustees, and St. Johns
 1543  River State College shall have seven trustees from the three
 1544  county area that the college serves.
 1545         (2) Trustees shall be appointed by the Governor to
 1546  staggered 4-year terms, subject to confirmation by the Senate in
 1547  regular session.
 1548         (3) Members of the board of trustees shall receive no
 1549  compensation but may receive reimbursement for expenses as
 1550  provided in s. 112.061.
 1551         (4) At its first regular meeting after July 1 of each year,
 1552  each Florida Community College System institution board of
 1553  trustees shall organize by electing a chair, whose duty as such
 1554  is to preside at all meetings of the board, to call special
 1555  meetings thereof, and to attest to actions of the board, and a
 1556  vice chair, whose duty as such is to act as chair during the
 1557  absence or disability of the elected chair. It is the further
 1558  duty of the chair of each board of trustees to notify the
 1559  Governor, in writing, whenever a board member fails to attend
 1560  three consecutive regular board meetings in any one fiscal year,
 1561  which absences may be grounds for removal.
 1562         (5) A Florida Community College System institution
 1563  president shall serve as the executive officer and corporate
 1564  secretary of the board of trustees and shall be responsible to
 1565  the board of trustees for setting the agenda for meetings of the
 1566  board of trustees in consultation with the chair. The president
 1567  also serves as the chief administrative officer of the Florida
 1568  Community College System institution, and all the components of
 1569  the institution and all aspects of its operation are responsible
 1570  to the board of trustees through the president.
 1571         Section 19. Section 1001.64, Florida Statutes, is amended
 1572  to read:
 1573         1001.64  Florida Community College System institution
 1574  boards of trustees; powers and duties.—
 1575         (1) The boards of trustees shall be responsible for cost
 1576  effective policy decisions appropriate to the Florida Community
 1577  College System institution’s mission, the implementation and
 1578  maintenance of high-quality education programs within law and
 1579  rules of the State Board of Community Colleges Education, the
 1580  measurement of performance, the reporting of information, and
 1581  the provision of input regarding state policy, budgeting, and
 1582  education standards.
 1583         (2) Each board of trustees is vested with the
 1584  responsibility to govern its respective Florida Community
 1585  College System institution and with such necessary authority as
 1586  is needed for the proper operation and improvement thereof in
 1587  accordance with rules of the State Board of Community Colleges
 1588  Education.
 1589         (3) A board of trustees shall have the power to take action
 1590  without a recommendation from the president and shall have the
 1591  power to require the president to deliver to the board of
 1592  trustees all data and information required by the board of
 1593  trustees in the performance of its duties. A board of trustees
 1594  shall ask the Chancellor of the Florida Community College System
 1595  Commissioner of Education to authorize an investigation of the
 1596  president’s actions by the department’s inspector general if the
 1597  board considers such investigation necessary. The inspector
 1598  general shall provide a report detailing each issue under
 1599  investigation and shall recommend corrective action. If the
 1600  inspector general identifies potential legal violations, he or
 1601  she shall refer the potential legal violations to the Commission
 1602  on Ethics, the Department of Law Enforcement, the Attorney
 1603  General, or another appropriate authority.
 1604         (4)(a) The board of trustees, after considering
 1605  recommendations submitted by the Florida Community College
 1606  System institution president, may adopt rules pursuant to ss.
 1607  120.536(1) and 120.54 to implement the provisions of law
 1608  conferring duties upon it. These rules may supplement those
 1609  prescribed by the State Board of Community Colleges Education if
 1610  they will contribute to the more orderly and efficient operation
 1611  of Florida Community College System institutions.
 1612         (b) Each board of trustees is specifically authorized to
 1613  adopt rules, procedures, and policies, consistent with law and
 1614  rules of the State Board of Community Colleges Education,
 1615  related to its mission and responsibilities as set forth in s.
 1616  1004.65, its governance, personnel, budget and finance,
 1617  administration, programs, curriculum and instruction, buildings
 1618  and grounds, travel and purchasing, technology, students,
 1619  contracts and grants, or college property.
 1620         (5) Each board of trustees shall have responsibility for
 1621  the use, maintenance, protection, and control of Florida
 1622  Community College System institution owned or Florida Community
 1623  College System institution controlled buildings and grounds,
 1624  property and equipment, name, trademarks and other proprietary
 1625  marks, and the financial and other resources of the Florida
 1626  Community College System institution. Such authority may include
 1627  placing restrictions on activities and on access to facilities,
 1628  firearms, food, tobacco, alcoholic beverages, distribution of
 1629  printed materials, commercial solicitation, animals, and sound.
 1630         (6) Each board of trustees has responsibility for the
 1631  establishment and discontinuance of program and course offerings
 1632  in accordance with law and rule; provision for instructional and
 1633  noninstructional community services, location of classes, and
 1634  services provided; and dissemination of information concerning
 1635  such programs and services. New programs must be approved
 1636  pursuant to s. 1004.03.
 1637         (7) Each board of trustees has responsibility for: ensuring
 1638  that students have access to general education courses as
 1639  identified in rule; requiring no more than 60 semester hours of
 1640  degree program coursework, including 36 semester hours of
 1641  general education coursework, for an associate in arts degree;
 1642  notifying students that earned hours in excess of 60 semester
 1643  hours may not be accepted by state universities; notifying
 1644  students of unique program prerequisites; and ensuring that
 1645  degree program coursework beyond general education coursework is
 1646  consistent with degree program prerequisite requirements adopted
 1647  pursuant to s. 1007.25(5).
 1648         (8) Each board of trustees has authority for policies
 1649  related to students, enrollment of students, student records,
 1650  student activities, financial assistance, and other student
 1651  services.
 1652         (a) Each board of trustees shall govern admission of
 1653  students pursuant to s. 1007.263 and rules of the State Board of
 1654  Community Colleges Education. A board of trustees may establish
 1655  additional admissions criteria, which shall be included in the
 1656  dual enrollment articulation agreement developed according to s.
 1657  1007.271(21), to ensure student readiness for postsecondary
 1658  instruction. Each board of trustees may consider the past
 1659  actions of any person applying for admission or enrollment and
 1660  may deny admission or enrollment to an applicant because of
 1661  misconduct if determined to be in the best interest of the
 1662  Florida Community College System institution.
 1663         (b) Each board of trustees shall adopt rules establishing
 1664  student performance standards for the award of degrees and
 1665  certificates pursuant to s. 1004.68.
 1666         (c) Boards of trustees are authorized to establish
 1667  intrainstitutional and interinstitutional programs to maximize
 1668  articulation pursuant to s. 1007.22.
 1669         (d) Boards of trustees shall identify their general
 1670  education curricula pursuant to s. 1007.25(6).
 1671         (e) Each board of trustees must adopt a written antihazing
 1672  policy, provide a program for the enforcement of such rules, and
 1673  adopt appropriate penalties for violations of such rules
 1674  pursuant to the provisions of s. 1006.63.
 1675         (f) Each board of trustees may establish a uniform code of
 1676  conduct and appropriate penalties for violation of its rules by
 1677  students and student organizations, including rules governing
 1678  student academic honesty. Such penalties, unless otherwise
 1679  provided by law, may include fines, the withholding of diplomas
 1680  or transcripts pending compliance with rules or payment of
 1681  fines, and the imposition of probation, suspension, or
 1682  dismissal.
 1683         (g) Each board of trustees pursuant to s. 1006.53 shall
 1684  adopt a policy in accordance with rules of the State Board of
 1685  Community Colleges Education that reasonably accommodates the
 1686  religious observance, practice, and belief of individual
 1687  students in regard to admissions, class attendance, and the
 1688  scheduling of examinations and work assignments.
 1689         (9) A board of trustees may contract with the board of
 1690  trustees of a state university for the Florida Community College
 1691  System institution to provide developmental education on the
 1692  state university campus.
 1693         (10) Each board of trustees shall establish fees pursuant
 1694  to ss. 1009.22, 1009.23, 1009.25, 1009.26, and 1009.27.
 1695         (11) Each board of trustees shall submit an institutional
 1696  budget request, including a request for fixed capital outlay,
 1697  and an operating budget to the State Board of Community Colleges
 1698  Education for review in accordance with guidelines established
 1699  by the State Board of Community Colleges Education.
 1700         (12) Each board of trustees shall account for expenditures
 1701  of all state, local, federal, and other funds in the manner
 1702  described by the State Board of Community Colleges Department of
 1703  Education.
 1704         (13) Each board of trustees is responsible for the uses for
 1705  the proceeds of academic improvement trust funds pursuant to s.
 1706  1011.85.
 1707         (14) Each board of trustees shall develop a strategic plan
 1708  specifying institutional goals and objectives for the Florida
 1709  Community College System institution for recommendation to the
 1710  State Board of Community Colleges Education.
 1711         (15) Each board of trustees shall develop an accountability
 1712  plan pursuant to s. 1008.45.
 1713         (16) Each board of trustees must expend performance funds
 1714  provided for workforce education pursuant to the provisions of
 1715  s. 1011.80.
 1716         (17) Each board of trustees is accountable for performance
 1717  in certificate career education and diploma programs pursuant to
 1718  s. 1008.43.
 1719         (18) Each board of trustees shall establish the personnel
 1720  program for all employees of the Florida Community College
 1721  System institution, including the president, pursuant to the
 1722  provisions of chapter 1012 and rules and guidelines of the State
 1723  Board of Community Colleges Education, including: compensation
 1724  and other conditions of employment; recruitment and selection;
 1725  nonreappointment; standards for performance and conduct;
 1726  evaluation; benefits and hours of work; leave policies;
 1727  recognition; inventions and work products; travel; learning
 1728  opportunities; exchange programs; academic freedom and
 1729  responsibility; promotion; assignment; demotion; transfer;
 1730  ethical obligations and conflict of interest; restrictive
 1731  covenants; disciplinary actions; complaints; appeals and
 1732  grievance procedures; and separation and termination from
 1733  employment.
 1734         (19) Each board of trustees shall appoint, suspend, or
 1735  remove the president of the Florida Community College System
 1736  institution. The board of trustees may appoint a search
 1737  committee. The board of trustees shall conduct annual
 1738  evaluations of the president in accordance with rules of the
 1739  State Board of Community Colleges Education and submit such
 1740  evaluations to the State Board of Community Colleges Education
 1741  for review. The evaluation must address the achievement of the
 1742  performance goals established by the accountability process
 1743  implemented pursuant to s. 1008.45 and the performance of the
 1744  president in achieving the annual and long-term goals and
 1745  objectives established in the Florida Community College System
 1746  institution’s employment accountability program implemented
 1747  pursuant to s. 1012.86.
 1748         (20) Each board of trustees is authorized to enter into
 1749  contracts to provide a State Community College System Optional
 1750  Retirement Program pursuant to s. 1012.875 and to enter into
 1751  consortia with other boards of trustees for this purpose.
 1752         (21) Each board of trustees is authorized to purchase
 1753  annuities for its Florida Community College System institution
 1754  personnel who have 25 or more years of creditable service and
 1755  who have reached age 55 and have applied for retirement under
 1756  the Florida Retirement System pursuant to the provisions of s.
 1757  1012.87.
 1758         (22) A board of trustees may defray all costs of defending
 1759  civil actions against officers, employees, or agents of the
 1760  board of trustees pursuant to s. 1012.85.
 1761         (23) Each board of trustees has authority for risk
 1762  management, safety, security, and law enforcement operations.
 1763  Each board of trustees is authorized to employ personnel,
 1764  including police officers pursuant to s. 1012.88, to carry out
 1765  the duties imposed by this subsection.
 1766         (24) Each board of trustees shall provide rules governing
 1767  parking and the direction and flow of traffic within campus
 1768  boundaries. Except for sworn law enforcement personnel, persons
 1769  employed to enforce campus parking rules have no authority to
 1770  arrest or issue citations for moving traffic violations. The
 1771  board of trustees may adopt a uniform code of appropriate
 1772  penalties for violations. Such penalties, unless otherwise
 1773  provided by law, may include the levying of fines, the
 1774  withholding of diplomas or transcripts pending compliance with
 1775  rules or payment of fines, and the imposition of probation,
 1776  suspension, or dismissal. Moneys collected from parking rule
 1777  infractions shall be deposited in appropriate funds at each
 1778  Florida Community College System institution for student
 1779  financial aid purposes.
 1780         (25) Each board of trustees constitutes the contracting
 1781  agent of the Florida Community College System institution. It
 1782  may when acting as a body make contracts, sue, and be sued in
 1783  the name of the board of trustees. In any suit, a change in
 1784  personnel of the board of trustees shall not abate the suit,
 1785  which shall proceed as if such change had not taken place.
 1786         (26) Each board of trustees is authorized to contract for
 1787  the purchase, sale, lease, license, or acquisition in any
 1788  manner, including purchase by installment or lease-purchase
 1789  contract which may provide for the payment of interest on the
 1790  unpaid portion of the purchase price and for the granting of a
 1791  security interest in the items purchased, subject to the
 1792  provisions of subsection (38) and ss. 1009.22 and 1009.23, of
 1793  goods, materials, equipment, and services required by the
 1794  Florida Community College System institution. The board of
 1795  trustees may choose to consolidate equipment contracts under
 1796  master equipment financing agreements made pursuant to s.
 1797  287.064.
 1798         (27) Each board of trustees shall be responsible for
 1799  managing and protecting real and personal property acquired or
 1800  held in trust for use by and for the benefit of such Florida
 1801  Community College System institution. To that end, any board of
 1802  trustees is authorized to be self-insured, to enter into risk
 1803  management programs, or to purchase insurance for whatever
 1804  coverage it may choose, or to have any combination thereof, in
 1805  anticipation of any loss, damage, or destruction. A board of
 1806  trustees may contract for self-insurance services pursuant to s.
 1807  1004.725.
 1808         (28) Each board of trustees is authorized to enter into
 1809  agreements for, and accept, credit card, charge card, and debit
 1810  card payments as compensation for goods, services, tuition, and
 1811  fees. Each Florida Community College System institution is
 1812  further authorized to establish accounts in credit card, charge
 1813  card, and debit card banks for the deposit of sales invoices.
 1814         (29) Each board of trustees may provide incubator
 1815  facilities to eligible small business concerns pursuant to s.
 1816  1004.79.
 1817         (30) Each board of trustees may establish a technology
 1818  transfer center for the purpose of providing institutional
 1819  support to local business and industry and governmental agencies
 1820  in the application of new research in technology pursuant to the
 1821  provisions of s. 1004.78.
 1822         (31) Each board of trustees may establish economic
 1823  development centers for the purpose of serving as liaisons
 1824  between Florida Community College System institutions and the
 1825  business sector pursuant to the provisions of s. 1004.80.
 1826         (32) Each board of trustees may establish a child
 1827  development training center pursuant to s. 1004.81.
 1828         (33) Each board of trustees is authorized to develop and
 1829  produce work products relating to educational endeavors that are
 1830  subject to trademark, copyright, or patent statutes pursuant to
 1831  chapter 1004.
 1832         (34) Each board of trustees shall administer the facilities
 1833  program pursuant to chapter 1013, including but not limited to:
 1834  the construction of public educational and ancillary plants; the
 1835  acquisition and disposal of property; compliance with building
 1836  and life safety codes; submission of data and information
 1837  relating to facilities and construction; use of buildings and
 1838  grounds; establishment of safety and sanitation programs for the
 1839  protection of building occupants; and site planning and
 1840  selection.
 1841         (35) Each board of trustees may exercise the right of
 1842  eminent domain pursuant to the provisions of chapter 1013.
 1843         (36) Each board of trustees may enter into lease-purchase
 1844  arrangements with private individuals or corporations for
 1845  necessary grounds and buildings for Florida Community College
 1846  System institution purposes, other than dormitories, or for
 1847  buildings other than dormitories to be erected for Florida
 1848  Community College System institution purposes. Such arrangements
 1849  shall be paid from capital outlay and debt service funds as
 1850  provided by s. 1011.84(2), with terms not to exceed 30 years at
 1851  a stipulated rate. The provisions of such contracts, including
 1852  building plans, are subject to approval by the Department of
 1853  Education, and no such contract may be entered into without such
 1854  approval.
 1855         (37) Each board of trustees may purchase, acquire, receive,
 1856  hold, own, manage, lease, sell, dispose of, and convey title to
 1857  real property, in the best interests of the Florida Community
 1858  College System institution.
 1859         (38) Each board of trustees is authorized to enter into
 1860  short-term loans and installment, lease-purchase, and other
 1861  financing contracts for a term of not more than 5 years,
 1862  including renewals, extensions, and refundings. Payments on
 1863  short-term loans and installment, lease-purchase, and other
 1864  financing contracts pursuant to this subsection shall be subject
 1865  to annual appropriation by the board of trustees. Each board of
 1866  trustees is authorized to borrow funds and incur long-term debt,
 1867  including promissory notes, installment sales agreements, lease
 1868  purchase agreements, certificates of participation, and other
 1869  similar long-term financing arrangements, only as specifically
 1870  provided in ss. 1009.22(6) and (9) and 1009.23(11) and (12). At
 1871  the option of the board of trustees, bonds issued pursuant to
 1872  ss. 1009.22(6) and (9) and 1009.23(11) and (12) may be secured
 1873  by a combination of revenues authorized to be pledged to bonds
 1874  pursuant to such subsections. Revenue bonds may not be secured
 1875  by or paid from, directly or indirectly, tuition, financial aid
 1876  fees, the Florida Community College System Program Fund, or any
 1877  other operating revenues of a Florida Community College System
 1878  institution. Lease-purchase agreements may be secured by a
 1879  combination of revenues as specifically authorized pursuant to
 1880  ss. 1009.22(7) and 1009.23(10).
 1881         (39) Each board of trustees shall prescribe conditions for
 1882  direct-support organizations to be certified and to use Florida
 1883  Community College System institution property and services.
 1884  Conditions relating to certification must provide for audit
 1885  review and oversight by the board of trustees.
 1886         (40) Each board of trustees may adopt policies pursuant to
 1887  s. 1010.02 that provide procedures for transferring to the
 1888  direct-support organization of that Florida Community College
 1889  System institution for administration by such organization
 1890  contributions made to the Florida Community College System
 1891  institution.
 1892         (41) The board of trustees shall exert every effort to
 1893  collect all delinquent accounts pursuant to s. 1010.03.
 1894         (42) Each board of trustees shall implement a plan, in
 1895  accordance with guidelines of the State Board of Community
 1896  Colleges Education, for working on a regular basis with the
 1897  other Florida Community College System institution boards of
 1898  trustees, representatives of the university boards of trustees,
 1899  and representatives of the district school boards to achieve the
 1900  goals of the seamless education system.
 1901         (43) Each board of trustees has responsibility for
 1902  compliance with state and federal laws, rules, regulations, and
 1903  requirements.
 1904         (44) Each board of trustees may adopt rules, procedures,
 1905  and policies related to institutional governance,
 1906  administration, and management in order to promote orderly and
 1907  efficient operation, including, but not limited to, financial
 1908  management, budget management, physical plant management, and
 1909  property management.
 1910         (45) Each board of trustees may adopt rules and procedures
 1911  related to data or technology, including, but not limited to,
 1912  information systems, communications systems, computer hardware
 1913  and software, and networks.
 1914         (46) Each board of trustees may consider the past actions
 1915  of any person applying for employment and may deny employment to
 1916  a person because of misconduct if determined to be in the best
 1917  interest of the Florida Community College System institution.
 1918         (47) Each contract or employment agreement, or renewal or
 1919  renegotiation of an existing contract or employment agreement,
 1920  containing a provision for severance pay with an officer, agent,
 1921  employee, or contractor must include the provisions required in
 1922  s. 215.425.
 1923         (48) Each board of trustees shall use purchasing agreements
 1924  and state term contracts pursuant to s. 287.056 or enter into
 1925  consortia and cooperative agreements to maximize the purchasing
 1926  power for goods and services. A consortium or cooperative
 1927  agreement may be statewide, regional, or a combination of
 1928  institutions, as appropriate to achieve the lowest cost, with
 1929  the goal of achieving a 5-percent savings on existing contract
 1930  prices through the use of new cooperative arrangements or new
 1931  consortium contracts.
 1932         Section 20. Section 1001.65, Florida Statutes, is amended
 1933  to read:
 1934         1001.65 Florida Community College System institution
 1935  presidents; powers and duties.—The president is the chief
 1936  executive officer of the Florida Community College System
 1937  institution, shall be corporate secretary of the Florida
 1938  Community College System institution board of trustees, and is
 1939  responsible for the operation and administration of the Florida
 1940  Community College System institution. Each Florida Community
 1941  College System institution president shall:
 1942         (1) Recommend the adoption of rules, as appropriate, to the
 1943  Florida Community College System institution board of trustees
 1944  to implement provisions of law governing the operation and
 1945  administration of the Florida Community College System
 1946  institution, which shall include the specific powers and duties
 1947  enumerated in this section. Such rules shall be consistent with
 1948  law, the mission of the Florida Community College System
 1949  institution, and the rules and policies of the State Board of
 1950  Community Colleges Education.
 1951         (2) Prepare a budget request and an operating budget
 1952  pursuant to s. 1011.30 for approval by the Florida Community
 1953  College System institution board of trustees at such time and in
 1954  such format as the State Board of Community Colleges Education
 1955  may prescribe.
 1956         (3) Establish and implement policies and procedures to
 1957  recruit, appoint, transfer, promote, compensate, evaluate,
 1958  reward, demote, discipline, and remove personnel, within law and
 1959  rules of the State Board of Community College Education and in
 1960  accordance with rules or policies approved by the Florida
 1961  Community College System institution board of trustees.
 1962         (4) Govern admissions, subject to law and rules or policies
 1963  of the Florida Community College System institution board of
 1964  trustees and the State Board of Community Colleges Education.
 1965         (5) Approve, execute, and administer contracts for and on
 1966  behalf of the Florida Community College System institution board
 1967  of trustees for licenses; the acquisition or provision of
 1968  commodities, goods, equipment, and services; leases of real and
 1969  personal property; and planning and construction to be rendered
 1970  to or by the Florida Community College System institution,
 1971  provided such contracts are within law and guidelines of the
 1972  State Board of Community Colleges Education and in conformance
 1973  with policies of the Florida Community College System
 1974  institution board of trustees, and are for the implementation of
 1975  approved programs of the Florida Community College System
 1976  institution.
 1977         (6) Act for the Florida Community College System
 1978  institution board of trustees as custodian of all Florida
 1979  Community College System institution property and financial
 1980  resources. The authority vested in the Florida Community College
 1981  System institution president under this subsection includes the
 1982  authority to prioritize the use of Florida Community College
 1983  System institution space, property, equipment, and resources and
 1984  the authority to impose charges for the use of those items.
 1985         (7) Establish the internal academic calendar of the Florida
 1986  Community College System institution within general guidelines
 1987  of the State Board of Community Colleges Education.
 1988         (8) Administer the Florida Community College System
 1989  institution’s program of intercollegiate athletics.
 1990         (9) Recommend to the board of trustees the establishment
 1991  and termination of programs within the approved role and scope
 1992  of the Florida Community College System institution.
 1993         (10) Award degrees.
 1994         (11) Recommend to the board of trustees a schedule of
 1995  tuition and fees to be charged by the Florida Community College
 1996  System institution, within law and rules of the State Board of
 1997  Community Colleges Education.
 1998         (12) Organize the Florida Community College System
 1999  institution to efficiently and effectively achieve the goals of
 2000  the Florida Community College System institution.
 2001         (13) Review periodically the operations of the Florida
 2002  Community College System institution in order to determine how
 2003  effectively and efficiently the Florida Community College System
 2004  institution is being administered and whether it is meeting the
 2005  goals of its strategic plan adopted by the State Board of
 2006  Community Colleges Education.
 2007         (14) Enter into agreements for student exchange programs
 2008  that involve students at the Florida Community College System
 2009  institution and students in other institutions of higher
 2010  learning.
 2011         (15) Approve the internal procedures of student government
 2012  organizations and provide purchasing, contracting, and budgetary
 2013  review processes for these organizations.
 2014         (16) Ensure compliance with federal and state laws, rules,
 2015  regulations, and other requirements that are applicable to the
 2016  Florida Community College System institution.
 2017         (17) Maintain all data and information pertaining to the
 2018  operation of the Florida Community College System institution,
 2019  and report on the attainment by the Florida Community College
 2020  System institution of institutional and statewide performance
 2021  accountability goals.
 2022         (18) Certify to the department a project’s compliance with
 2023  the requirements for expenditure of PECO funds prior to release
 2024  of funds pursuant to the provisions of chapter 1013.
 2025         (19) Provide to the law enforcement agency and fire
 2026  department that has jurisdiction over the Florida Community
 2027  College System institution a copy of the floor plans and other
 2028  relevant documents for each educational facility as defined in
 2029  s. 1013.01(6). After the initial submission of the floor plans
 2030  and other relevant documents, the Florida Community College
 2031  System institution president shall submit, by October 1 of each
 2032  year, revised floor plans and other relevant documents for each
 2033  educational facility that was modified during the preceding
 2034  year.
 2035         (20) Develop and implement jointly with school
 2036  superintendents a comprehensive dual enrollment articulation
 2037  agreement for the students enrolled in their respective school
 2038  districts and service areas pursuant to s. 1007.271(21).
 2039         (21) Have authority, after notice to the student of the
 2040  charges and after a hearing thereon, to expel, suspend, or
 2041  otherwise discipline any student who is found to have violated
 2042  any law, ordinance, or rule or regulation of the State Board of
 2043  Community Colleges Education or of the board of trustees of the
 2044  Florida Community College System institution pursuant to the
 2045  provisions of s. 1006.62.
 2046         (22) Submit an annual employment accountability plan to the
 2047  State Board of Community Colleges Department of Education
 2048  pursuant to the provisions of s. 1012.86.
 2049         (23) Annually evaluate, or have a designee annually
 2050  evaluate, each department chairperson, dean, provost, and vice
 2051  president in achieving the annual and long-term goals and
 2052  objectives of the Florida Community College System institution’s
 2053  employment accountability plan.
 2054         (24) Have vested with the president or the president’s
 2055  designee the authority that is vested with the Florida Community
 2056  College System institution.
 2057         Section 21. Section 1001.66, Florida Statutes, is amended
 2058  to read:
 2059         1001.66  Florida Community College System Performance-Based
 2060  Incentive.—
 2061         (1) A Florida Community College System Performance-Based
 2062  Incentive shall be awarded to Florida Community College System
 2063  institutions using performance-based metrics adopted by the
 2064  State Board of Community Colleges Education. The performance
 2065  based metrics must include retention rates; program completion
 2066  and graduation rates; postgraduation employment, salaries, and
 2067  continuing education for workforce education and baccalaureate
 2068  programs, with wage thresholds that reflect the added value of
 2069  the certificate or degree; and outcome measures appropriate for
 2070  associate of arts degree recipients. The state board shall adopt
 2071  benchmarks to evaluate each institution’s performance on the
 2072  metrics to measure the institution’s achievement of
 2073  institutional excellence or need for improvement and the minimum
 2074  requirements for eligibility to receive performance funding.
 2075         (2) Each fiscal year, the amount of funds available for
 2076  allocation to the Florida Community College System institutions
 2077  based on the performance-based funding model shall consist of
 2078  the state’s investment in performance funding plus institutional
 2079  investments consisting of funds to be redistributed from the
 2080  base funding of the Florida Community College System Program
 2081  Fund as determined in the General Appropriations Act. The State
 2082  Board of Community Colleges Education shall establish minimum
 2083  performance funding eligibility thresholds for the state’s
 2084  investment and the institutional investments. An institution
 2085  that meets the minimum institutional investment eligibility
 2086  threshold, but fails to meet the minimum state investment
 2087  eligibility threshold, shall have its institutional investment
 2088  restored but is ineligible for a share of the state’s investment
 2089  in performance funding. The institutional investment shall be
 2090  restored for all institutions eligible for the state’s
 2091  investment under the performance-based funding model.
 2092         (3)(a) Each Florida Community College System institution’s
 2093  share of the performance funding shall be calculated based on
 2094  its relative performance on the established metrics in
 2095  conjunction with the institutional size and scope.
 2096         (b) A Florida Community College System institution that
 2097  fails to meet the State Board of Community Colleges’ Education’s
 2098  minimum institutional investment performance funding eligibility
 2099  threshold shall have a portion of its institutional investment
 2100  withheld by the state board and must submit an improvement plan
 2101  to the state board which specifies the activities and strategies
 2102  for improving the institution’s performance. The state board
 2103  must review and approve the improvement plan and, if the plan is
 2104  approved, must monitor the institution’s progress in
 2105  implementing the activities and strategies specified in the
 2106  improvement plan. The institution shall submit monitoring
 2107  reports to the state board by December 31 and May 31 of each
 2108  year in which an improvement plan is in place. Beginning in the
 2109  2017-2018 fiscal year, the ability of an institution to submit
 2110  an improvement plan to the state board is limited to 1 fiscal
 2111  year.
 2112         (c) The Chancellor of the Florida Community College System
 2113  Commissioner of Education shall withhold disbursement of the
 2114  institutional investment until the monitoring report is approved
 2115  by the State Board of Community Colleges Education. A Florida
 2116  Community College System institution determined by the state
 2117  board to be making satisfactory progress on implementing the
 2118  improvement plan shall receive no more than one-half of the
 2119  withheld institutional investment in January and the balance of
 2120  the withheld institutional investment in June. An institution
 2121  that fails to make satisfactory progress may not have its full
 2122  institutional investment restored. Any institutional investment
 2123  funds that are not restored shall be redistributed in accordance
 2124  with the state board’s performance-based metrics.
 2125         (4) Distributions of performance funding, as provided in
 2126  this section, shall be made to each of the Florida Community
 2127  College System institutions listed in the Florida Community
 2128  Colleges category in the General Appropriations Act.
 2129         (5) By October 1 of each year, the State Board of Community
 2130  Colleges Education shall submit to the Governor, the President
 2131  of the Senate, and the Speaker of the House of Representatives a
 2132  report on the previous fiscal year’s performance funding
 2133  allocation, which must reflect the rankings and award
 2134  distributions.
 2135         (6) The State Board of Community Colleges Education shall
 2136  adopt rules to administer this section.
 2137         Section 22. Section 1001.67, Florida Statutes, is amended
 2138  to read:
 2139         1001.67 Distinguished Florida Community College System
 2140  Institution Program.—A collaborative partnership is established
 2141  between the State Board of Community Colleges Education and the
 2142  Legislature to recognize the excellence of Florida’s highest
 2143  performing Florida Community College System institutions.
 2144         (1) EXCELLENCE STANDARDS.—The following excellence
 2145  standards are established for the program:
 2146         (a) A 150 percent-of-normal-time completion rate of 50
 2147  percent or higher, as calculated by the Division of Florida
 2148  Colleges.
 2149         (b) A 150 percent-of-normal-time completion rate for Pell
 2150  Grant recipients of 40 percent or higher, as calculated by the
 2151  State Board of Community Division of Florida Colleges.
 2152         (c) A retention rate of 70 percent or higher, as calculated
 2153  by the State Board of Community Division of Florida Colleges.
 2154         (d) A continuing education, or transfer, rate of 72 percent
 2155  or higher for students graduating with an associate of arts
 2156  degree, as reported by the Florida Education and Training
 2157  Placement Information Program (FETPIP).
 2158         (e) A licensure passage rate on the National Council
 2159  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 2160  percent or higher for first-time exam takers, as reported by the
 2161  Board of Nursing.
 2162         (f) A job placement or continuing education rate of 88
 2163  percent or higher for workforce programs, as reported by FETPIP.
 2164         (g) A time-to-degree for students graduating with an
 2165  associate of arts degree of 2.25 years or less for first-time
 2166  in-college students with accelerated college credits, as
 2167  reported by the Southern Regional Education Board.
 2168         (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 2169  Community Colleges Education shall designate each Florida
 2170  Community College System institution that meets five of the
 2171  seven standards identified in subsection (1) as a distinguished
 2172  college.
 2173         (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida Community
 2174  College System institution designated as a distinguished college
 2175  by the State Board of Community Colleges Education is eligible
 2176  for funding as specified in the General Appropriations Act.
 2177         Section 23. Subsection (9) of section 1001.706, Florida
 2178  Statutes, is amended to read:
 2179         1001.706 Powers and duties of the Board of Governors.—
 2180         (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
 2181  shall implement a plan for working on a regular basis with the
 2182  State Board of Education, the State Board of Community Colleges,
 2183  the Commission for Independent Education, the Higher Education
 2184  Coordinating Council, the Articulation Coordinating Committee,
 2185  the university boards of trustees, representatives of the
 2186  Florida Community College System institution boards of trustees,
 2187  representatives of the private colleges and universities, and
 2188  representatives of the district school boards to achieve a
 2189  seamless education system.
 2190         Section 24. Subsections (1) and (18) of section 1002.34,
 2191  Florida Statutes, are amended to read:
 2192         1002.34 Charter technical career centers; governance,
 2193  mission, and responsibilities.—
 2194         (1) MISSION AND AUTHORIZATION.—
 2195         (a) The primary mission of a charter technical career
 2196  center is to promote The Legislature finds that the
 2197  establishment of charter technical career centers can assist in
 2198  promoting advances and innovations in workforce preparation and
 2199  economic development. A charter technical career center may
 2200  provide a learning environment that better serves the needs of a
 2201  specific population group or a group of occupations, thus
 2202  promoting diversity and choices within the public education and
 2203  public postsecondary technical education community in this
 2204  state. Therefore, the creation of such centers is authorized as
 2205  part of the state’s program of public education. A charter
 2206  technical career center may be formed by creating a new school
 2207  or converting an existing school district or Florida Community
 2208  College System institution program to charter technical status.
 2209         (b) A charter technical career center that is operated by a
 2210  district school board may not offer a college credit course or a
 2211  college credit certificate or an associate degree or
 2212  baccalaureate degree program.
 2213         (18) RULES.—The State Board of Education, for technical
 2214  centers operated by school districts, and the State Board of
 2215  Community Colleges, for technical centers operated by Florida
 2216  Community College System institutions, shall adopt rules,
 2217  pursuant to ss. 120.536(1) and 120.54, relating to the
 2218  implementation of charter technical career centers, including
 2219  rules to implement a charter model application form and an
 2220  evaluation instrument in accordance with this section.
 2221         Section 25. Paragraph (b) of subsection (4) of section
 2222  1003.491, Florida Statutes, is amended to read:
 2223         1003.491 Florida Career and Professional Education Act.—The
 2224  Florida Career and Professional Education Act is created to
 2225  provide a statewide planning partnership between the business
 2226  and education communities in order to attract, expand, and
 2227  retain targeted, high-value industry and to sustain a strong,
 2228  knowledge-based economy.
 2229         (4) The State Board of Education shall establish a process
 2230  for the continual and uninterrupted review of newly proposed
 2231  core secondary courses and existing courses requested to be
 2232  considered as core courses to ensure that sufficient rigor and
 2233  relevance is provided for workforce skills and postsecondary
 2234  education and aligned to state curriculum standards.
 2235         (b) The curriculum review committee shall review newly
 2236  proposed core courses electronically. Each proposed core course
 2237  shall be approved or denied within 30 days after submission by a
 2238  district school board or local workforce development board. All
 2239  courses approved as core courses for purposes of middle school
 2240  promotion and high school graduation shall be immediately added
 2241  to the Course Code Directory. Approved core courses shall also
 2242  be reviewed and considered for approval for dual enrollment
 2243  credit. The Board of Governors, the State Board of Community
 2244  Colleges, and the Commissioner of Education shall jointly
 2245  recommend an annual deadline for approval of new core courses to
 2246  be included for purposes of postsecondary admissions and dual
 2247  enrollment credit the following academic year. The State Board
 2248  of Education shall establish an appeals process in the event
 2249  that a proposed course is denied which shall require a consensus
 2250  ruling by the Department of Economic Opportunity and the
 2251  Commissioner of Education within 15 days.
 2252         Section 26. Paragraph (b) of subsection (4) of section
 2253  1003.493, Florida Statutes, is amended to read:
 2254         1003.493 Career and professional academies and career
 2255  themed courses.—
 2256         (4) Each career and professional academy and secondary
 2257  school providing a career-themed course must:
 2258         (b) Include one or more partnerships with postsecondary
 2259  institutions, businesses, industry, employers, economic
 2260  development organizations, or other appropriate partners from
 2261  the local community. Such partnerships with postsecondary
 2262  institutions shall be delineated in articulation agreements and
 2263  include any career and professional academy courses or career
 2264  themed courses that earn postsecondary credit. Such agreements
 2265  may include articulation between the secondary school and public
 2266  or private 2-year and 4-year postsecondary institutions and
 2267  technical centers. The Department of Education, in consultation
 2268  with the Board of Governors and the State Board of Community
 2269  Colleges, shall establish a mechanism to ensure articulation and
 2270  transfer of credits to postsecondary institutions in this state.
 2271  Such partnerships must provide opportunities for:
 2272         1. Instruction from highly skilled professionals who
 2273  possess industry-certification credentials for courses they are
 2274  teaching.
 2275         2. Internships, externships, and on-the-job training.
 2276         3. A postsecondary degree, diploma, or certificate.
 2277         4. The highest available level of industry certification.
 2278         5. Maximum articulation of credits pursuant to s. 1007.23
 2279  upon program completion.
 2280         Section 27. Subsections (4), (5), and (6) of section
 2281  1004.015, Florida Statutes, are amended to read:
 2282         1004.015 Higher Education Coordinating Council.—
 2283         (4) The council shall serve as an advisory board to the
 2284  Legislature, the State Board of Education, and the Board of
 2285  Governors, and the State Board of Community Colleges.
 2286  Recommendations of the council shall be consistent with the
 2287  following guiding principles:
 2288         (a) To achieve within existing resources a seamless
 2289  academic educational system that fosters an integrated continuum
 2290  of kindergarten through graduate school education for Florida’s
 2291  students.
 2292         (b) To promote consistent education policy across all
 2293  educational delivery systems, focusing on students.
 2294         (c) To promote substantially improved articulation across
 2295  all educational delivery systems.
 2296         (d) To promote a system that maximizes educational access
 2297  and allows the opportunity for a high-quality education for all
 2298  Floridians.
 2299         (e) To promote a system of coordinated and consistent
 2300  transfer of credit and data collection for improved
 2301  accountability purposes between the educational delivery
 2302  systems.
 2303         (5) The council shall annually by December 31 submit to the
 2304  Governor, the President of the Senate, the Speaker of the House
 2305  of Representatives, the Board of Governors, the State Board of
 2306  Community Colleges, and the State Board of Education a report
 2307  outlining its recommendations relating to:
 2308         (a) The primary core mission of public and nonpublic
 2309  postsecondary education institutions in the context of state
 2310  access demands and economic development goals.
 2311         (b) Performance outputs and outcomes designed to meet
 2312  annual and long-term state goals, including, but not limited to,
 2313  increased student access, preparedness, retention, transfer, and
 2314  completion. Performance measures must be consistent across
 2315  sectors and allow for a comparison of the state’s performance to
 2316  that of other states.
 2317         (c) The state’s articulation policies and practices to
 2318  ensure that cost benefits to the state are maximized without
 2319  jeopardizing quality. The recommendations shall consider return
 2320  on investment for both the state and students and propose
 2321  systems to facilitate and ensure institutional compliance with
 2322  state articulation policies.
 2323         (d) Workforce development education, specifically
 2324  recommending improvements to the consistency of workforce
 2325  education data collected and reported by Florida Community
 2326  College System institutions and school districts, including the
 2327  establishment of common elements and definitions for any data
 2328  that is used for state and federal funding and program
 2329  accountability.
 2330         (6) The Office of K-20 Articulation, in collaboration with
 2331  the Board of Governors and the State Board of Community Division
 2332  of Florida Colleges, shall provide administrative support for
 2333  the council.
 2334         Section 28. Subsection (7) of section 1004.02, Florida
 2335  Statutes, is amended to read:
 2336         1004.02 Definitions.—As used in this chapter:
 2337         (7) “Applied technology diploma program” means a course of
 2338  study that is part of a technical degree program, is less than
 2339  60 credit hours, and leads to employment in a specific
 2340  occupation. An applied technology diploma program may consist of
 2341  either technical credit or college credit. A public school
 2342  district may offer an applied technology diploma program only as
 2343  technical credit, with college credit awarded to a student upon
 2344  articulation to a Florida Community College System institution.
 2345  Statewide articulation among public schools and Florida
 2346  Community College System institutions is guaranteed by s.
 2347  1007.23, and is subject to guidelines and standards adopted by
 2348  the State Board of Community Colleges Education pursuant to ss.
 2349  1007.24 and 1007.25.
 2350         Section 29. Subsection (2) of section 1004.03, Florida
 2351  Statutes, is amended to read:
 2352         1004.03 Program approval.—
 2353         (2) The State Board of Community Colleges Education shall
 2354  establish criteria for the approval of new programs at Florida
 2355  Community College System institutions, which criteria include,
 2356  but are not limited to, the following:
 2357         (a) New programs may not be approved unless the same
 2358  objectives cannot be met through use of educational technology.
 2359         (b) Unnecessary duplication of programs offered by
 2360  independent institutions shall be avoided.
 2361         (c) Cooperative programs, particularly within regions,
 2362  should be encouraged.
 2363         (d) New programs may be approved only if they are
 2364  consistent with the state master plan adopted by the State Board
 2365  of Community Colleges Education.
 2366         Section 30. Paragraph (f) of subsection (4) of section
 2367  1004.04, Florida Statutes, is amended to read:
 2368         1004.04 Public accountability and state approval for
 2369  teacher preparation programs.—
 2370         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2371  teacher preparation program shall be based upon evidence that
 2372  the program continues to implement the requirements for initial
 2373  approval and upon significant, objective, and quantifiable
 2374  measures of the program and the performance of the program
 2375  completers.
 2376         (f) By January 1 of each year, the Department of Education
 2377  shall report the results of each approved program’s annual
 2378  progress on the performance measures in paragraph (a) as well as
 2379  the current approval status of each program to:
 2380         1. The Governor.
 2381         2. The President of the Senate.
 2382         3. The Speaker of the House of Representatives.
 2383         4. The State Board of Education.
 2384         5. The Board of Governors.
 2385         6. The State Board of Community Colleges.
 2386         7. The Commissioner of Education.
 2387         8.7. Each Florida postsecondary teacher preparation
 2388  program.
 2389         9.8. Each district school superintendent.
 2390         10.9. The public.
 2391  
 2392  This report may include the results of other continued approval
 2393  requirements provided by State Board of Education rule and
 2394  recommendations for improving teacher preparation programs in
 2395  the state.
 2396         Section 31. Section 1004.07, Florida Statutes, is amended
 2397  to read:
 2398         1004.07 Student withdrawal from courses due to military
 2399  service; effect.—
 2400         (1) Each district school board, Florida Community College
 2401  System institution board of trustees, and state university board
 2402  of trustees shall establish policies regarding currently
 2403  enrolled students who are called to, or enlist in, active
 2404  military service.
 2405         (2) Such policies must shall provide that any student
 2406  enrolled in a postsecondary course or courses at a career
 2407  center, a Florida Community College System institution, or a
 2408  state university may shall not incur academic or financial
 2409  penalties by virtue of performing military service on behalf of
 2410  our country. Such student shall be permitted the option of
 2411  either completing the course or courses at a later date without
 2412  penalty or withdrawing from the course or courses with a full
 2413  refund of fees paid. If the student chooses to withdraw, the
 2414  student’s record shall reflect that the withdrawal is due to
 2415  active military service.
 2416         (3) Policies of district school boards must and Florida
 2417  College System institution boards of trustees shall be
 2418  established by rule and pursuant to guidelines of the State
 2419  Board of Education.
 2420         (4) Policies of state university boards of trustees must
 2421  shall be established by regulation and pursuant to guidelines of
 2422  the Board of Governors.
 2423         (5) Policies of Florida Community College System
 2424  institution boards of trustees must be established by rule and
 2425  pursuant to guidelines of the State Board of Community Colleges.
 2426         Section 32. Section 1004.084, Florida Statutes, is amended
 2427  to read:
 2428         1004.084 College affordability.—
 2429         (1) The Board of Governors and the State Board of Community
 2430  Colleges Education shall annually identify strategies to promote
 2431  college affordability for all Floridians by evaluating, at a
 2432  minimum, the impact of:
 2433         (a) Tuition and fees on undergraduate, graduate, and
 2434  professional students at public colleges and universities and
 2435  graduate assistants employed by public universities.
 2436         (b) Federal, state, and institutional financial aid
 2437  policies on the actual cost of attendance for students and their
 2438  families.
 2439         (c) The costs of textbooks and instructional materials.
 2440         (2) By December 31 of each year, beginning in 2016, the
 2441  Board of Governors and the State Board of Community Colleges
 2442  Education shall submit a report on their respective college
 2443  affordability initiatives to the Governor, the President of the
 2444  Senate, and the Speaker of the House of Representatives.
 2445         Section 33. Paragraph (d) of subsection (3) and subsections
 2446  (6), (7), and (8) of section 1004.085, Florida Statutes, are
 2447  amended to read:
 2448         1004.085 Textbook and instructional materials
 2449  affordability.—
 2450         (3) An employee may receive:
 2451         (d) Fees associated with activities such as reviewing,
 2452  critiquing, or preparing support materials for textbooks or
 2453  instructional materials pursuant to guidelines adopted by the
 2454  State Board of Community Colleges Education or the Board of
 2455  Governors.
 2456         (6) Each Florida Community College System institution and
 2457  state university shall post prominently in the course
 2458  registration system and on its website, as early as is feasible,
 2459  but at least 45 days before the first day of class for each
 2460  term, a hyperlink to lists of required and recommended textbooks
 2461  and instructional materials for at least 95 percent of all
 2462  courses and course sections offered at the institution during
 2463  the upcoming term. The lists must include the International
 2464  Standard Book Number (ISBN) for each required and recommended
 2465  textbook and instructional material or other identifying
 2466  information, which must include, at a minimum, all of the
 2467  following: the title, all authors listed, publishers, edition
 2468  number, copyright date, published date, and other relevant
 2469  information necessary to identify the specific textbooks or
 2470  instructional materials required and recommended for each
 2471  course. The State Board of Community Colleges Education and the
 2472  Board of Governors shall include in the policies, procedures,
 2473  and guidelines adopted under subsection (7) certain limited
 2474  exceptions to this notification requirement for classes added
 2475  after the notification deadline.
 2476         (7) After receiving input from students, faculty,
 2477  bookstores, and publishers, the State Board of Community
 2478  Colleges Education and the Board of Governors each shall adopt
 2479  textbook and instructional materials affordability policies,
 2480  procedures, and guidelines for implementation by Florida
 2481  Community College System institutions and state universities,
 2482  respectively, that further efforts to minimize the cost of
 2483  textbooks and instructional materials for students attending
 2484  such institutions while maintaining the quality of education and
 2485  academic freedom. The policies, procedures, and guidelines shall
 2486  address:
 2487         (a) The establishment of deadlines for an instructor or
 2488  department to notify the bookstore of required and recommended
 2489  textbooks and instructional materials so that the bookstore may
 2490  verify availability, source lower cost options when practicable,
 2491  explore alternatives with faculty when academically appropriate,
 2492  and maximize the availability of used textbooks and
 2493  instructional materials.
 2494         (b) Confirmation by the course instructor or academic
 2495  department offering the course, before the textbook or
 2496  instructional materials adoption is finalized, of the intent to
 2497  use all items ordered, particularly each individual item sold as
 2498  part of a bundled package.
 2499         (c) Determination by a course instructor or the academic
 2500  department offering the course, before a textbook or
 2501  instructional material is adopted, of the extent to which a new
 2502  edition differs significantly and substantively from earlier
 2503  versions and the value to the student of changing to a new
 2504  edition or the extent to which an open-access textbook or
 2505  instructional material is available.
 2506         (d) The availability of required and recommended textbooks
 2507  and instructional materials to students otherwise unable to
 2508  afford the cost, including consideration of the extent to which
 2509  an open-access textbook or instructional material may be used.
 2510         (e) Participation by course instructors and academic
 2511  departments in the development, adaptation, and review of open
 2512  access textbooks and instructional materials and, in particular,
 2513  open-access textbooks and instructional materials for high
 2514  demand general education courses.
 2515         (f) Consultation with school districts to identify
 2516  practices that impact the cost of dual enrollment textbooks and
 2517  instructional materials to school districts, including, but not
 2518  limited to, the length of time that textbooks and instructional
 2519  materials remain in use.
 2520         (g) Selection of textbooks and instructional materials
 2521  through cost-benefit analyses that enable students to obtain the
 2522  highest-quality product at the lowest available price, by
 2523  considering:
 2524         1. Purchasing digital textbooks in bulk.
 2525         2. Expanding the use of open-access textbooks and
 2526  instructional materials.
 2527         3. Providing rental options for textbooks and instructional
 2528  materials.
 2529         4. Increasing the availability and use of affordable
 2530  digital textbooks and learning objects.
 2531         5. Developing mechanisms to assist in buying, renting,
 2532  selling, and sharing textbooks and instructional materials.
 2533         6. The length of time that textbooks and instructional
 2534  materials remain in use.
 2535         7. An evaluation of cost savings for textbooks and
 2536  instructional materials which a student may realize if
 2537  individual students are able to exercise opt-in provisions for
 2538  the purchase of the materials.
 2539         (8) The board of trustees of each Florida Community College
 2540  System institution and state university shall report, by
 2541  September 30 of each year, beginning in 2016, to the Chancellor
 2542  of the Florida Community College System or the Chancellor of the
 2543  State University System, as applicable, the textbook and
 2544  instructional materials selection process for general education
 2545  courses with a wide cost variance identified pursuant to
 2546  subsection (4) and high-enrollment courses; specific initiatives
 2547  of the institution designed to reduce the costs of textbooks and
 2548  instructional materials; policies implemented in accordance with
 2549  subsection (6); the number of courses and course sections that
 2550  were not able to meet the textbook and instructional materials
 2551  posting deadline for the previous academic year; and any
 2552  additional information determined by the chancellors. By
 2553  November 1 of each year, beginning in 2016, each chancellor
 2554  shall provide a summary of the information provided by
 2555  institutions to the State Board of Community Colleges Education
 2556  and the Board of Governors, as applicable.
 2557         Section 34. Section 1004.096, Florida Statutes, is amended
 2558  to read:
 2559         1004.096 College credit for military training and education
 2560  courses.—The Board of Governors shall adopt regulations and the
 2561  State Board of Community Colleges Education shall adopt rules
 2562  that enable eligible servicemembers or veterans of the United
 2563  States Armed Forces to earn academic college credit at public
 2564  postsecondary educational institutions for college-level
 2565  training and education acquired in the military. The regulations
 2566  and rules shall include procedures for credential evaluation and
 2567  the award of academic college credit, including, but not limited
 2568  to, equivalency and alignment of military coursework with
 2569  appropriate college courses, course descriptions, type and
 2570  amount of college credit that may be awarded, and transfer of
 2571  credit.
 2572         Section 35. Section 1004.0961, Florida Statutes, is amended
 2573  to read:
 2574         1004.0961 Credit for online courses.—Beginning in the 2015
 2575  2016 school year, The State Board of Community Colleges
 2576  Education shall adopt rules and the Board of Governors shall
 2577  adopt regulations that enable students to earn academic credit
 2578  for online courses, including massive open online courses,
 2579  before initial enrollment at a postsecondary institution. The
 2580  rules of the State Board of Community Colleges Education and
 2581  regulations of the Board of Governors must include procedures
 2582  for credential evaluation and the award of credit, including,
 2583  but not limited to, recommendations for credit by the American
 2584  Council on Education; equivalency and alignment of coursework
 2585  with appropriate courses; course descriptions; type and amount
 2586  of credit that may be awarded; and transfer of credit.
 2587         Section 36. Section 1004.35, Florida Statutes, is amended
 2588  to read:
 2589         1004.35 Broward County campuses of Florida Atlantic
 2590  University; coordination with other institutions.—The State
 2591  Board of Community Colleges Education, the Board of Governors,
 2592  and Florida Atlantic University shall consult with Broward
 2593  College and Florida International University in coordinating
 2594  course offerings at the postsecondary level in Broward County.
 2595  Florida Atlantic University may contract with the Board of
 2596  Trustees of Broward College and with Florida International
 2597  University to provide instruction in courses offered at the
 2598  Southeast Campus. Florida Atlantic University shall increase
 2599  course offerings at the Southeast Campus as facilities become
 2600  available.
 2601         Section 37. Paragraphs (c) and (d) of subsection (5) and
 2602  subsections (8) and (9) of section 1004.6495, Florida Statutes,
 2603  are amended to read:
 2604         1004.6495 Florida Postsecondary Comprehensive Transition
 2605  Program and Florida Center for Students with Unique Abilities.—
 2606         (5) CENTER RESPONSIBILITIES.—The Florida Center for
 2607  Students with Unique Abilities is established within the
 2608  University of Central Florida. At a minimum, the center shall:
 2609         (c) Create the application for the initial approval and
 2610  renewal of approval as an FPCTP for use by an eligible
 2611  institution which, at a minimum, must align with the federal
 2612  comprehensive transition and postsecondary program application
 2613  requirements. Notwithstanding the program approval requirements
 2614  of s. 1004.03, the director shall review applications for the
 2615  initial approval of an application for, or renewal of approval
 2616  of, an FPCTP.
 2617         1. Within 30 days after receipt of an application, the
 2618  director shall issue his or her recommendation regarding
 2619  approval to the Chancellor of the State University System, or
 2620  the Chancellor of the Florida Community College System, or the
 2621  Commissioner of Education, as applicable, or shall give written
 2622  notice to the applicant of any deficiencies in the application,
 2623  which the eligible institution must be given an opportunity to
 2624  correct. Within 15 days after receipt of a notice of
 2625  deficiencies, an eligible institution that chooses to continue
 2626  to seek program approval shall correct the application
 2627  deficiencies and return the application to the center. Within 30
 2628  days after receipt of a revised application, the director shall
 2629  recommend approval or disapproval of the revised application to
 2630  the applicable chancellor or the commissioner, as applicable.
 2631  Within 15 days after receipt of the director’s recommendation,
 2632  the applicable chancellor or the commissioner shall approve or
 2633  disapprove the recommendation. If the applicable chancellor or
 2634  the commissioner does not act on the director’s recommendation
 2635  within 15 days after receipt of such recommendation, the
 2636  comprehensive transition program proposed by the institution
 2637  shall be considered approved.
 2638         2. Initial approval of an application for an FPCTP that
 2639  meets the requirements of this section is valid for the 3
 2640  academic years immediately following the academic year during
 2641  which the approval is granted. An eligible institution may
 2642  submit an application to the center requesting that the initial
 2643  approval be renewed. If the approval is granted and the FPCTP
 2644  continues to meet the requirements of this section, including,
 2645  but not limited to, program and student performance outcomes,
 2646  and federal requirements, a renewal is valid for the 5 academic
 2647  years immediately following the academic year during which the
 2648  renewal is granted.
 2649         3. An application must, at a minimum:
 2650         a. Identify a credential associated with the proposed
 2651  program which will be awarded to eligible students upon
 2652  completion of the FPCTP.
 2653         b. Outline the program length and design, including, at a
 2654  minimum, inclusive and successful experiential education
 2655  practices relating to curricular, assessment, and advising
 2656  structure and internship and employment opportunities, which
 2657  must support students with intellectual disabilities who are
 2658  seeking to continue academic, career and technical, and
 2659  independent living instruction at an eligible institution,
 2660  including, but not limited to, opportunities to earn industry
 2661  certifications, to prepare students for gainful employment. If
 2662  an eligible institution offers a credit-bearing degree program,
 2663  the institution is responsible for maintaining the rigor and
 2664  effectiveness of a comprehensive transition degree program at
 2665  the same level as other comparable degree programs offered by
 2666  the institution pursuant to applicable accreditation standards.
 2667         c. Outline a plan for students with intellectual
 2668  disabilities to be integrated socially and academically with
 2669  nondisabled students, to the maximum extent possible, and to
 2670  participate on not less than a half-time basis, as determined by
 2671  the eligible institution, with such participation focusing on
 2672  academic components and occurring through one or more of the
 2673  following activities with nondisabled students:
 2674         (I) Regular enrollment in credit-bearing courses offered by
 2675  the institution.
 2676         (II) Auditing or participating in courses offered by the
 2677  institution for which the student does not receive academic
 2678  credit.
 2679         (III) Enrollment in noncredit-bearing, nondegree courses.
 2680         (IV) Participation in internships or work-based training.
 2681         d. Outline a plan for partnerships with businesses to
 2682  promote experiential training and employment opportunities for
 2683  students with intellectual disabilities.
 2684         e. Identify performance indicators pursuant to subsection
 2685  (8) and other requirements identified by the center.
 2686         f. Outline a 5-year plan incorporating enrollment and
 2687  operational expectations for the program.
 2688         (d) Provide technical assistance regarding programs and
 2689  services for students with intellectual disabilities to
 2690  administrators, instructors, staff, and others, as applicable,
 2691  at eligible institutions by:
 2692         1. Holding meetings and annual workshops to share
 2693  successful practices and to address issues or concerns.
 2694         2. Facilitating collaboration between eligible institutions
 2695  and school districts, private schools operating pursuant to s.
 2696  1002.42, and parents of students enrolled in home education
 2697  programs operating pursuant to s. 1002.41 in assisting students
 2698  with intellectual disabilities and their parents to plan for the
 2699  transition of such students into an FPCTP or another program at
 2700  an eligible institution.
 2701         3. Assisting eligible institutions with FPCTP and federal
 2702  comprehensive transition and postsecondary program applications.
 2703         4. Assisting eligible institutions with the identification
 2704  of funding sources for an FPCTP and for student financial
 2705  assistance for students enrolled in an FPCTP.
 2706         5. Monitoring federal and state law relating to the
 2707  comprehensive transition program and notifying the Legislature,
 2708  the Governor, the Board of Governors, the State Board of
 2709  Community Colleges, and the State Board of Education of any
 2710  change in law which may impact the implementation of this
 2711  section.
 2712         (8) ACCOUNTABILITY.—
 2713         (a) The center, in collaboration with the Board of
 2714  Governors and the State Board of Community Colleges Education,
 2715  shall identify indicators for the satisfactory progress of a
 2716  student in an FPCTP and for the performance of such programs.
 2717  Each eligible institution must address the indicators identified
 2718  by the center in its application for the approval of a proposed
 2719  program and for the renewal of an FPCTP and in the annual report
 2720  that the institution submits to the center.
 2721         (b) By October 1 of each year, the center shall provide to
 2722  the Governor, the President of the Senate, the Speaker of the
 2723  House of Representatives, the Chancellor of the State University
 2724  System, and the Chancellor of the Florida Community College
 2725  System Commissioner of Education a report summarizing
 2726  information including, but not limited to:
 2727         1. The status of the statewide coordination of FPCTPs and
 2728  the implementation of FPCTPs at eligible institutions including,
 2729  but not limited to:
 2730         a. The number of applications approved and disapproved and
 2731  the reasons for each disapproval and no action taken by the
 2732  chancellor or the commissioner.
 2733         b. The number and value of all scholarships awarded to
 2734  students and undisbursed advances remitted to the center
 2735  pursuant to subsection (7).
 2736         2. Indicators identified by the center pursuant to
 2737  paragraph (a) and the performance of each eligible institution
 2738  based on the indicators identified in paragraph (6)(c).
 2739         3. The projected number of students with intellectual
 2740  disabilities who may be eligible to enroll in the FPCTPs within
 2741  the next academic year.
 2742         4. Education programs and services for students with
 2743  intellectual disabilities which are available at eligible
 2744  institutions.
 2745         (c) Beginning in the 2016-2017 fiscal year, the center, in
 2746  collaboration with the Board of Governors, State Board of
 2747  Community Colleges Education, Higher Education Coordinating
 2748  Council, and other stakeholders, by December 1 of each year,
 2749  shall submit to the Governor, the President of the Senate, and
 2750  the Speaker of the House of Representatives statutory and budget
 2751  recommendations for improving the implementation and delivery of
 2752  FPCTPs and other education programs and services for students
 2753  with disabilities.
 2754         (9) RULES.—The Board of Governors and the State Board of
 2755  Community Colleges Education, in consultation with the center,
 2756  shall expeditiously adopt any necessary regulations and rules,
 2757  as applicable, to allow the center to perform its
 2758  responsibilities pursuant to this section beginning in the 2016
 2759  2017 fiscal year.
 2760         Section 38. Section 1004.65, Florida Statutes, is amended
 2761  to read:
 2762         1004.65 Florida Community College System institutions;
 2763  governance, mission, and responsibilities.—
 2764         (1) Each Florida Community College System institution shall
 2765  be governed by a district board of trustees under statutory
 2766  authority and rules of the State Board of Community Colleges
 2767  Education.
 2768         (2) Each Florida Community College System institution
 2769  district shall:
 2770         (a) Consist of the county or counties served by the Florida
 2771  Community College System institution pursuant to s. 1000.21(3).
 2772         (b) Be an independent, separate, legal entity created for
 2773  the operation of a Florida Community College System institution.
 2774         (3) Florida Community College System institutions are
 2775  locally based and governed entities with statutory and funding
 2776  ties to state government. As such, the mission for Florida
 2777  Community College System institutions reflects a commitment to
 2778  be responsive to local educational needs and challenges. In
 2779  achieving this mission, Florida Community College System
 2780  institutions strive to maintain sufficient local authority and
 2781  flexibility while preserving appropriate legal accountability to
 2782  the state.
 2783         (4) As comprehensive institutions, Florida Community
 2784  College System institutions shall provide high-quality,
 2785  affordable education and training opportunities, shall foster a
 2786  climate of excellence, and shall provide opportunities to all
 2787  while combining high standards with an open-door admission
 2788  policy for lower-division programs. Florida Community College
 2789  System institutions shall, as open-access institutions, serve
 2790  all who can benefit, without regard to age, race, gender, creed,
 2791  or ethnic or economic background, while emphasizing the
 2792  achievement of social and educational equity so that all can be
 2793  prepared for full participation in society.
 2794         (5) The primary mission and responsibility of Florida
 2795  Community College System institutions is responding to community
 2796  needs for postsecondary academic education and career degree
 2797  education. This mission and responsibility includes being
 2798  responsible for:
 2799         (a) Providing lower-level lower level undergraduate
 2800  instruction and awarding associate degrees.
 2801         (b) Preparing students directly for careers requiring less
 2802  than baccalaureate degrees. This may include preparing for job
 2803  entry, supplementing of skills and knowledge, and responding to
 2804  needs in new areas of technology. Career education in a Florida
 2805  Community College System institution consists shall consist of
 2806  career certificates, nationally recognized industry
 2807  certifications, credit courses leading to associate in science
 2808  degrees and associate in applied science degrees, and other
 2809  programs in fields requiring substantial academic work,
 2810  background, or qualifications. A Florida Community College
 2811  System institution may offer career education programs in fields
 2812  having lesser academic or technical requirements.
 2813         (c) Providing student development services, including
 2814  assessment, student tracking, support for disabled students,
 2815  advisement, counseling, financial aid, career development, and
 2816  remedial and tutorial services, to ensure student success.
 2817         (d) Promoting economic development for the state within
 2818  each Florida Community College System institution district
 2819  through the provision of special programs, including, but not
 2820  limited to, the:
 2821         1. Enterprise Florida-related programs.
 2822         2. Technology transfer centers.
 2823         3. Economic development centers.
 2824         4. Workforce literacy programs.
 2825         (e) Providing dual enrollment instruction.
 2826         (f) Providing upper level instruction and awarding
 2827  baccalaureate degrees as specifically authorized by law.
 2828         (6) A separate and secondary role for Florida Community
 2829  College System institutions includes the offering of programs
 2830  in:
 2831         (a) Programs in community services that are not directly
 2832  related to academic or occupational advancement.
 2833         (b) Programs in adult education services, including adult
 2834  basic education, adult general education, adult secondary
 2835  education, and high school equivalency examination instruction.
 2836         (c) Programs in recreational and leisure services.
 2837         (d) Upper-level instruction and awarding baccalaureate
 2838  degrees as specifically authorized by law.
 2839         (7) Funding for Florida Community College System
 2840  institutions must shall reflect their mission as follows:
 2841         (a) Postsecondary academic and career education programs
 2842  and adult general education programs must shall have first
 2843  priority in Florida Community College System institution
 2844  funding.
 2845         (b) Community service programs shall be presented to the
 2846  Legislature with rationale for state funding. The Legislature
 2847  may identify priority areas for use of these funds.
 2848         (c) The resources of a Florida Community College System
 2849  institution, including staff, faculty, land, and facilities, may
 2850  shall not be used to support the establishment of a new
 2851  independent nonpublic educational institution. If any
 2852  institution uses resources for such purpose, the State Board of
 2853  Community Division of Florida Colleges shall notify the
 2854  President of the Senate and the Speaker of the House of
 2855  Representatives.
 2856         (8) Florida Community College System institutions are
 2857  authorized to:
 2858         (a) Offer such programs and courses as are necessary to
 2859  fulfill their mission.
 2860         (b) Grant associate in arts degrees, associate in science
 2861  degrees, associate in applied science degrees, certificates,
 2862  awards, and diplomas.
 2863         (c) Make provisions for the high school equivalency
 2864  examination.
 2865         (d) Provide access to and award baccalaureate degrees in
 2866  accordance with law.
 2867  
 2868  Authority to offer one or more baccalaureate degree programs
 2869  does not alter the governance relationship of the Florida
 2870  Community College System institution with its district board of
 2871  trustees or the State Board of Community Colleges Education.
 2872         Section 39. Section 1004.67, Florida Statutes, is amended
 2873  to read:
 2874         1004.67 Florida Community College System institutions;
 2875  legislative intent.—It is The legislative intent that Florida
 2876  Community College System institutions, constituted as political
 2877  subdivisions of the state, continue to be operated by Florida
 2878  Community College System institution boards of trustees as
 2879  provided in s. 1001.63 and that no department, bureau, division,
 2880  agency, or subdivision of the state exercise any responsibility
 2881  and authority to operate any Florida Community College System
 2882  institution of the state except as specifically provided by law
 2883  or rules of the State Board of Community Colleges Education.
 2884         Section 40. Section 1004.70, Florida Statutes, is amended
 2885  to read:
 2886         1004.70 Florida Community College System institution
 2887  direct-support organizations.—
 2888         (1) DEFINITIONS.—For the purposes of this section:
 2889         (a) “Florida Community College System institution direct
 2890  support organization” means an organization that is:
 2891         1. A Florida corporation not for profit, incorporated under
 2892  the provisions of chapter 617 and approved by the Department of
 2893  State.
 2894         2. Organized and operated exclusively to receive, hold,
 2895  invest, and administer property and to make expenditures to, or
 2896  for the benefit of, a Florida Community College System
 2897  institution in this state.
 2898         3. An organization that the Florida Community College
 2899  System institution board of trustees, after review, has
 2900  certified to be operating in a manner consistent with the goals
 2901  of the Florida Community College System institution and in the
 2902  best interest of the state. Any organization that is denied
 2903  certification by the board of trustees may not use the name of
 2904  the Florida Community College System institution that it serves.
 2905         (b) “Personal services” includes full-time or part-time
 2906  personnel as well as payroll processing.
 2907         (2) BOARD OF DIRECTORS.—The chair of the board of trustees
 2908  shall appoint a representative to the board of directors and the
 2909  executive committee of each direct-support organization
 2910  established under this section, including those established
 2911  before July 1, 1998. The president of the Florida Community
 2912  College System institution for which the direct-support
 2913  organization is established, or the president’s designee, shall
 2914  also serve on the board of directors and the executive committee
 2915  of the direct-support organization, including any direct-support
 2916  organization established before July 1, 1998.
 2917         (3) USE OF PROPERTY.—
 2918         (a) The board of trustees is authorized to permit the use
 2919  of property, facilities, and personal services at any Florida
 2920  Community College System institution by any Florida Community
 2921  College System institution direct-support organization, subject
 2922  to the provisions of this section.
 2923         (b) The board of trustees is authorized to prescribe by
 2924  rule any condition with which a Florida Community College System
 2925  institution direct-support organization must comply in order to
 2926  use property, facilities, or personal services at any Florida
 2927  Community College System institution.
 2928         (c) The board of trustees may not permit the use of
 2929  property, facilities, or personal services at any Florida
 2930  Community College System institution by any Florida Community
 2931  College System institution direct-support organization that does
 2932  not provide equal employment opportunities to all persons
 2933  regardless of race, color, national origin, gender, age, or
 2934  religion.
 2935         (4) ACTIVITIES; RESTRICTIONS.—
 2936         (a) A direct-support organization may, at the request of
 2937  the board of trustees, provide residency opportunities on or
 2938  near campus for students.
 2939         (b) A direct-support organization that constructs
 2940  facilities for use by a Florida Community College System
 2941  institution or its students must comply with all requirements of
 2942  law relating to the construction of facilities by a Florida
 2943  Community College System institution, including requirements for
 2944  competitive bidding.
 2945         (c) Any transaction or agreement between one direct-support
 2946  organization and another direct-support organization must be
 2947  approved by the board of trustees.
 2948         (d) A Florida Community College System institution direct
 2949  support organization is prohibited from giving, either directly
 2950  or indirectly, any gift to a political committee as defined in
 2951  s. 106.011 for any purpose other than those certified by a
 2952  majority roll call vote of the governing board of the direct
 2953  support organization at a regularly scheduled meeting as being
 2954  directly related to the educational mission of the Florida
 2955  Community College System institution.
 2956         (e) A Florida Community College System institution board of
 2957  trustees must authorize all debt, including lease-purchase
 2958  agreements, incurred by a direct-support organization.
 2959  Authorization for approval of short-term loans and lease
 2960  purchase agreements for a term of not more than 5 years,
 2961  including renewals, extensions, and refundings, for goods,
 2962  materials, equipment, and services may be delegated by the board
 2963  of trustees to the board of directors of the direct-support
 2964  organization. Trustees shall evaluate proposals for debt
 2965  according to guidelines issued by the State Board of Community
 2966  Division of Florida Colleges. Revenues of the Florida Community
 2967  College System institution may not be pledged to debt issued by
 2968  direct-support organizations.
 2969         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 2970  organization shall submit to the board of trustees its federal
 2971  Internal Revenue Service Application for Recognition of
 2972  Exemption form (Form 1023) and its federal Internal Revenue
 2973  Service Return of Organization Exempt from Income Tax form (Form
 2974  990).
 2975         (6) ANNUAL AUDIT.—Each direct-support organization shall
 2976  provide for an annual financial audit in accordance with rules
 2977  adopted by the Auditor General pursuant to s. 11.45(8). The
 2978  annual audit report must be submitted, within 9 months after the
 2979  end of the fiscal year, to the Auditor General, the State Board
 2980  of Community Colleges Education, and the board of trustees for
 2981  review. The board of trustees, the Auditor General, and the
 2982  Office of Program Policy Analysis and Government Accountability
 2983  may require and receive from the organization or from its
 2984  independent auditor any detail or supplemental data relative to
 2985  the operation of the organization. The identity of donors who
 2986  desire to remain anonymous shall be protected, and that
 2987  anonymity shall be maintained in the auditor’s report. All
 2988  records of the organization, other than the auditor’s report,
 2989  any information necessary for the auditor’s report, any
 2990  information related to the expenditure of funds, and any
 2991  supplemental data requested by the board of trustees, the
 2992  Auditor General, and the Office of Program Policy Analysis and
 2993  Government Accountability, shall be confidential and exempt from
 2994  the provisions of s. 119.07(1).
 2995         Section 41. Section 1004.71, Florida Statutes, is amended
 2996  to read:
 2997         1004.71 Statewide Florida Community College System
 2998  institution direct-support organizations.—
 2999         (1) DEFINITIONS.—For the purposes of this section:
 3000         (a) “Statewide Florida Community College System institution
 3001  direct-support organization” means an organization that is:
 3002         1. A Florida corporation not for profit, incorporated under
 3003  the provisions of chapter 617 and approved by the Department of
 3004  State.
 3005         2. Organized and operated exclusively to receive, hold,
 3006  invest, and administer property and to make expenditures to, or
 3007  for the benefit of, the Florida Community College System
 3008  institutions in this state.
 3009         3. An organization that the State Board of Community
 3010  Colleges Education, after review, has certified to be operating
 3011  in a manner consistent with the goals of the Florida Community
 3012  College System institutions and in the best interest of the
 3013  state.
 3014         (b) “Personal services” includes full-time or part-time
 3015  personnel as well as payroll processing.
 3016         (2) BOARD OF DIRECTORS.—The chair of the State Board of
 3017  Community Colleges Education may appoint a representative to the
 3018  board of directors and the executive committee of any statewide,
 3019  direct-support organization established under this section or s.
 3020  1004.70. The chair of the State Board of Community Colleges
 3021  Education, or the chair’s designee, shall also serve on the
 3022  board of directors and the executive committee of any direct
 3023  support organization established to benefit Florida Community
 3024  College System institutions.
 3025         (3) USE OF PROPERTY.—
 3026         (a) The State Board of Education may permit the use of
 3027  property, facilities, and personal services of the Department of
 3028  Education by any statewide Florida Community College System
 3029  institution direct-support organization, subject to the
 3030  provisions of this section.
 3031         (b) The State Board of Education may prescribe by rule any
 3032  condition with which a statewide Florida Community College
 3033  System institution direct-support organization must comply in
 3034  order to use property, facilities, or personal services of the
 3035  Department of Education.
 3036         (c) The State Board of Education may not permit the use of
 3037  property, facilities, or personal services of the Department of
 3038  Education by any statewide Florida Community College System
 3039  institution direct-support organization that does not provide
 3040  equal employment opportunities to all persons regardless of
 3041  race, color, national origin, gender, age, or religion.
 3042         (4) RESTRICTIONS.—
 3043         (a) A statewide, direct-support organization may not use
 3044  public funds to acquire, construct, maintain, or operate any
 3045  facilities.
 3046         (b) Any transaction or agreement between a statewide,
 3047  direct-support organization and any other direct-support
 3048  organization must be approved by the State Board of Community
 3049  Colleges Education.
 3050         (c) A statewide Florida Community College System
 3051  institution direct-support organization is prohibited from
 3052  giving, either directly or indirectly, any gift to a political
 3053  committee as defined in s. 106.011 for any purpose other than
 3054  those certified by a majority roll call vote of the governing
 3055  board of the direct-support organization at a regularly
 3056  scheduled meeting as being directly related to the educational
 3057  mission of the State Board of Community Colleges Education.
 3058         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3059  organization shall submit to the State Board of Community
 3060  Colleges Education its federal Internal Revenue Service
 3061  Application for Recognition of Exemption form (Form 1023) and
 3062  its federal Internal Revenue Service Return of Organization
 3063  Exempt from Income Tax form (Form 990).
 3064         (6) ANNUAL AUDIT.—A statewide Florida Community College
 3065  System institution direct-support organization shall provide for
 3066  an annual financial audit in accordance with s. 1004.70. The
 3067  identity of a donor or prospective donor who desires to remain
 3068  anonymous and all information identifying such donor or
 3069  prospective donor are confidential and exempt from the
 3070  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 3071  Constitution. Such anonymity shall be maintained in the
 3072  auditor’s report.
 3073         Section 42. Subsection (4) of section 1004.74, Florida
 3074  Statutes, is amended to read:
 3075         1004.74 Florida School of the Arts.—
 3076         (4) The Council for the Florida School of the Arts shall be
 3077  established to advise the Florida Community College System
 3078  institution district board of trustees on matters pertaining to
 3079  the operation of the school. The council shall consist of nine
 3080  members, appointed jointly by the Chancellor of the Florida
 3081  Community College System and the Commissioner of Education for
 3082  4-year terms. A member may serve three terms and may serve until
 3083  replaced.
 3084         Section 43. Section 1004.78, Florida Statutes, is amended
 3085  to read:
 3086         1004.78 Technology transfer centers at Florida Community
 3087  College System institutions.—
 3088         (1) Each Florida Community College System institution may
 3089  establish a technology transfer center for the purpose of
 3090  providing institutional support to local business and industry
 3091  and governmental agencies in the application of new research in
 3092  technology. The primary responsibilities of such centers may
 3093  include: identifying technology research developed by
 3094  universities, research institutions, businesses, industries, the
 3095  United States Armed Forces, and other state or federal
 3096  governmental agencies; determining and demonstrating the
 3097  application of technologies; training workers to integrate
 3098  advanced equipment and production processes; and determining for
 3099  business and industry the feasibility and efficiency of
 3100  accommodating advanced technologies.
 3101         (2) The Florida Community College System institution board
 3102  of trustees shall set such policies to regulate the activities
 3103  of the technology transfer center as it may consider necessary
 3104  to effectuate the purposes of this section and to administer the
 3105  programs of the center in a manner which assures efficiency and
 3106  effectiveness, producing the maximum benefit for the educational
 3107  programs and maximum service to the state. To this end,
 3108  materials that relate to methods of manufacture or production,
 3109  potential trade secrets, potentially patentable material, actual
 3110  trade secrets, business transactions, or proprietary information
 3111  received, generated, ascertained, or discovered during the
 3112  course of activities conducted within the Florida Community
 3113  College System institutions shall be confidential and exempt
 3114  from the provisions of s. 119.07(1), except that a Florida
 3115  Community College System institution shall make available upon
 3116  request the title and description of a project, the name of the
 3117  investigator, and the amount and source of funding provided for
 3118  such project.
 3119         (3) A technology transfer center created under the
 3120  provisions of this section shall be under the supervision of the
 3121  board of trustees of that Florida Community College System
 3122  institution, which is authorized to appoint a director; to
 3123  employ full-time and part-time staff, research personnel, and
 3124  professional services; to employ on a part-time basis personnel
 3125  of the Florida Community College System institution; and to
 3126  employ temporary employees whose salaries are paid entirely from
 3127  the permanent technology transfer fund or from that fund in
 3128  combination with other nonstate sources, with such positions
 3129  being exempt from the requirements of the Florida Statutes
 3130  relating to salaries, except that no such appointment shall be
 3131  made for a total period of longer than 1 year.
 3132         (4) The board of trustees of the Florida Community College
 3133  System institution in which a technology transfer center is
 3134  created, or its designee, may negotiate, enter into, and execute
 3135  contracts; solicit and accept grants and donations; and fix and
 3136  collect fees, other payments, and donations that may accrue by
 3137  reason thereof for technology transfer activities. The board of
 3138  trustees or its designee may negotiate, enter into, and execute
 3139  contracts on a cost-reimbursement basis and may provide
 3140  temporary financing of such costs prior to reimbursement from
 3141  moneys on deposit in the technology transfer fund, except as may
 3142  be prohibited elsewhere by law.
 3143         (5) A technology transfer center shall be financed from the
 3144  Academic Improvement Program or from moneys of a Florida
 3145  Community College System institution which are on deposit or
 3146  received for use in the activities conducted in the center. Such
 3147  moneys shall be deposited by the Florida Community College
 3148  System institution in a permanent technology transfer fund in a
 3149  depository or depositories approved for the deposit of state
 3150  funds and shall be accounted for and disbursed subject to audit
 3151  by the Auditor General.
 3152         (6) The fund balance in any existing research trust fund of
 3153  a Florida Community College System institution at the time a
 3154  technology transfer center is created shall be transferred to a
 3155  permanent technology transfer fund established for the Florida
 3156  Community College System institution, and thereafter the fund
 3157  balance of the technology transfer fund at the end of any fiscal
 3158  period may be used during any succeeding period pursuant to this
 3159  section.
 3160         (7) Moneys deposited in the permanent technology transfer
 3161  fund of a Florida Community College System institution shall be
 3162  disbursed in accordance with the terms of the contract, grant,
 3163  or donation under which they are received. Moneys received for
 3164  overhead or indirect costs and other moneys not required for the
 3165  payment of direct costs shall be applied to the cost of
 3166  operating the technology transfer center.
 3167         (8) All purchases of a technology transfer center shall be
 3168  made in accordance with the policies and procedures of the
 3169  Florida Community College System institution.
 3170         (9) The Florida Community College System institution board
 3171  of trustees may authorize the construction, alteration, or
 3172  remodeling of buildings when the funds used are derived entirely
 3173  from the technology transfer fund of a Florida Community College
 3174  System institution or from that fund in combination with other
 3175  nonstate sources, provided that such construction, alteration,
 3176  or remodeling is for use exclusively by the center. It also may
 3177  authorize the acquisition of real property when the cost is
 3178  entirely from said funds. Title to all real property shall vest
 3179  in the board of trustees.
 3180         (10) The State Board of Community Colleges Education may
 3181  award grants to Florida Community College System institutions,
 3182  or consortia of public and private colleges and universities and
 3183  other public and private entities, for the purpose of supporting
 3184  the objectives of this section. Grants awarded pursuant to this
 3185  subsection shall be in accordance with rules of the State Board
 3186  of Community Colleges Education. Such rules shall include the
 3187  following provisions:
 3188         (a) The number of centers established with state funds
 3189  provided expressly for the purpose of technology transfer shall
 3190  be limited, but shall be geographically located to maximize
 3191  public access to center resources and services.
 3192         (b) Grants to centers funded with state revenues
 3193  appropriated specifically for technology transfer activities
 3194  shall be reviewed and approved by the State Board of Community
 3195  Colleges Education using proposal solicitation, evaluation, and
 3196  selection procedures established by the state board in
 3197  consultation with Enterprise Florida, Inc. Such procedures may
 3198  include designation of specific areas or applications of
 3199  technology as priorities for the receipt of funding.
 3200         (c) Priority for the receipt of state funds appropriated
 3201  specifically for the purpose of technology transfer shall be
 3202  given to grant proposals developed jointly by Florida Community
 3203  College System institutions and public and private colleges and
 3204  universities.
 3205         (11) Each technology transfer center established under the
 3206  provisions of this section shall establish a technology transfer
 3207  center advisory committee. Each committee shall include
 3208  representatives of a university or universities conducting
 3209  research in the area of specialty of the center. Other members
 3210  shall be determined by the Florida Community College System
 3211  institution board of trustees.
 3212         Section 44. Subsection (4) of section 1004.80, Florida
 3213  Statutes, is amended to read:
 3214         1004.80 Economic development centers.—
 3215         (4) The State Board of Community Colleges Education may
 3216  award grants to economic development centers for the purposes of
 3217  this section. Grants awarded pursuant to this subsection shall
 3218  be in accordance with rules established by the State Board of
 3219  Community Colleges Education.
 3220         Section 45. Section 1004.91, Florida Statutes, is amended
 3221  to read:
 3222         1004.91 Requirements for career education program basic
 3223  skills.—
 3224         (1) The State Board of Education, for career centers
 3225  operated by district school boards, and the State Board of
 3226  Community Colleges, for career centers operated by Florida
 3227  Community College System institutions, shall adopt, by rule,
 3228  standards of basic skill mastery for completion of certificate
 3229  career education programs. Each school district and Florida
 3230  Community College System institution that conducts programs that
 3231  confer career and technical certificates shall provide applied
 3232  academics instruction through which students receive the basic
 3233  skills instruction required pursuant to this section.
 3234         (2) Students who enroll in a program offered for career
 3235  credit of 450 hours or more shall complete an entry-level
 3236  examination within the first 6 weeks after admission into the
 3237  program. The State Board of Education and the State Board of
 3238  Community Colleges shall collaborate to designate examinations
 3239  that are currently in existence, the results of which are
 3240  comparable across institutions, to assess student mastery of
 3241  basic skills. Any student found to lack the required level of
 3242  basic skills for such program shall be referred to applied
 3243  academics instruction or another adult general education program
 3244  for a structured program of basic skills instruction. Such
 3245  instruction may include English for speakers of other languages.
 3246  A student may not receive a career or technical certificate of
 3247  completion without first demonstrating the basic skills required
 3248  in the state curriculum frameworks for the career education
 3249  program.
 3250         (3)(a) An adult student with a disability may be exempted
 3251  from this section.
 3252         (b) The following students are exempt from this section:
 3253         1. A student who possesses a college degree at the
 3254  associate in applied science level or higher.
 3255         2. A student who demonstrates readiness for public
 3256  postsecondary education pursuant to s. 1008.30 and applicable
 3257  rules adopted by the State Board of Education and State Board of
 3258  Community Colleges.
 3259         3. A student who passes a state or national industry
 3260  certification or licensure examination that is identified in
 3261  State Board of Education or State Board of Community Colleges
 3262  rules and aligned to the career education program in which the
 3263  student is enrolled.
 3264         4. An adult student who is enrolled in an apprenticeship
 3265  program that is registered with the Department of Education in
 3266  accordance with chapter 446.
 3267         Section 46. Paragraph (b) of subsection (2) of section
 3268  1004.92, Florida Statutes, is amended, and subsection (4) is
 3269  added to that section, to read:
 3270         1004.92 Purpose and responsibilities for career education.—
 3271         (2)
 3272         (b) Department of Education, for school districts, and the
 3273  State Board of Community Colleges, for Florida Community College
 3274  System institutions, have the following responsibilities related
 3275  to accountability for career education includes, but is not
 3276  limited to:
 3277         1. The provision of timely, accurate technical assistance
 3278  to school districts and Florida Community College System
 3279  institutions.
 3280         2. The provision of timely, accurate information to the
 3281  State Board of Education, the Legislature, and the public.
 3282         3. The development of policies, rules, and procedures that
 3283  facilitate institutional attainment of the accountability
 3284  standards and coordinate the efforts of all divisions within the
 3285  department.
 3286         4. The development of program standards and industry-driven
 3287  benchmarks for career, adult, and community education programs,
 3288  which must be updated every 3 years. The standards must include
 3289  career, academic, and workplace skills; viability of distance
 3290  learning for instruction; and work/learn cycles that are
 3291  responsive to business and industry; and provisions that reflect
 3292  the quality components of career and technical education
 3293  programs.
 3294         5. Overseeing school district and Florida Community College
 3295  System institution compliance with the provisions of this
 3296  chapter.
 3297         6. Ensuring that the educational outcomes for the technical
 3298  component of career programs are uniform and designed to provide
 3299  a graduate who is capable of entering the workforce on an
 3300  equally competitive basis regardless of the institution of
 3301  choice.
 3302         (4) The State Board of Education, for career education
 3303  provided by school districts, and the State Board of Community
 3304  Colleges, for career education provided by Florida Community
 3305  College System institutions, shall adopt rules to administer
 3306  this section.
 3307         Section 47. Subsection (1) of section 1004.925, Florida
 3308  Statutes, is amended to read:
 3309         1004.925 Automotive service technology education programs;
 3310  certification.—
 3311         (1) All automotive service technology education programs
 3312  shall be industry certified in accordance with rules adopted by
 3313  the State Board of Education and the State Board of Community
 3314  Colleges.
 3315         Section 48. Paragraphs (c) and (d) of subsection (4) and
 3316  subsections (6) and (9) of section 1004.93, Florida Statutes,
 3317  are amended to read:
 3318         1004.93 Adult general education.—
 3319         (4)
 3320         (c) The State Board of Community Colleges Education shall
 3321  define, by rule, the levels and courses of instruction to be
 3322  funded through the developmental education program. The State
 3323  Board of Community Colleges shall coordinate the establishment
 3324  of costs for developmental education courses, the establishment
 3325  of statewide standards that define required levels of
 3326  competence, acceptable rates of student progress, and the
 3327  maximum amount of time to be allowed for completion of
 3328  developmental education. Developmental education is part of an
 3329  associate in arts degree program and may not be funded as an
 3330  adult career education program.
 3331         (d) Expenditures for developmental education and lifelong
 3332  learning students shall be reported separately. Allocations for
 3333  developmental education shall be based on proportional full-time
 3334  equivalent enrollment. Program review results shall be included
 3335  in the determination of subsequent allocations. A student shall
 3336  be funded to enroll in the same developmental education class
 3337  within a skill area only twice, after which time the student
 3338  shall pay 100 percent of the full cost of instruction to support
 3339  the continuous enrollment of that student in the same class;
 3340  however, students who withdraw or fail a class due to
 3341  extenuating circumstances may be granted an exception only once
 3342  for each class, provided approval is granted according to policy
 3343  established by the board of trustees. Each Florida Community
 3344  College System institution shall have the authority to review
 3345  and reduce payment for increased fees due to continued
 3346  enrollment in a developmental education class on an individual
 3347  basis contingent upon the student’s financial hardship, pursuant
 3348  to definitions and fee levels established by the State Board of
 3349  Community Colleges Education. Developmental education and
 3350  lifelong learning courses do not generate credit toward an
 3351  associate or baccalaureate degree.
 3352         (6) The commissioner, for school districts, and the
 3353  Chancellor of the Florida Community College System, for Florida
 3354  Community College System institutions, shall recommend the level
 3355  of funding for public school and Florida Community College
 3356  System institution adult education within the legislative budget
 3357  request and make other recommendations and reports considered
 3358  necessary or required by rules of the State Board of Education.
 3359         (9) The State Board of Education and the State Board of
 3360  Community Colleges may adopt rules necessary for the
 3361  implementation of this section.
 3362         Section 49. Subsection (3) of section 1006.60, Florida
 3363  Statutes, is amended to read:
 3364         1006.60 Codes of conduct; disciplinary measures; authority
 3365  to adopt rules or regulations.—
 3366         (3) Sanctions authorized by such codes of conduct may be
 3367  imposed only for acts or omissions in violation of rules or
 3368  regulations adopted by the institution, including rules or
 3369  regulations adopted under this section, rules of the State Board
 3370  of Community Colleges regarding the Florida Community College
 3371  System Education, rules or regulations of the Board of Governors
 3372  regarding the State University System, county and municipal
 3373  ordinances, and the laws of this state, the United States, or
 3374  any other state.
 3375         Section 50. Subsection (1) of section 1006.61, Florida
 3376  Statutes, is amended to read:
 3377         1006.61 Participation by students in disruptive activities
 3378  at public postsecondary educational institution; penalties.—
 3379         (1) Any person who accepts the privilege extended by the
 3380  laws of this state of attendance at any public postsecondary
 3381  educational institution shall, by attending such institution, be
 3382  deemed to have given his or her consent to the policies of that
 3383  institution, the State Board of Community Colleges regarding the
 3384  Florida Community College System Education, and the Board of
 3385  Governors regarding the State University System, and the laws of
 3386  this state. Such policies shall include prohibition against
 3387  disruptive activities at public postsecondary educational
 3388  institutions.
 3389         Section 51. Section 1006.62, Florida Statutes, is amended
 3390  to read:
 3391         1006.62 Expulsion and discipline of students of Florida
 3392  Community College System institutions and state universities.—
 3393         (1) Each student in a Florida Community College System
 3394  institution or state university is subject to federal and state
 3395  law, respective county and municipal ordinances, and all rules
 3396  and regulations of the State Board of Community Colleges
 3397  regarding the Florida Community College System Education, the
 3398  Board of Governors regarding the State University System, or the
 3399  board of trustees of the institution.
 3400         (2) Violation of these published laws, ordinances, or rules
 3401  and regulations may subject the violator to appropriate action
 3402  by the institution’s authorities.
 3403         (3) Each president of a Florida Community College System
 3404  institution or state university may, after notice to the student
 3405  of the charges and after a hearing thereon, expel, suspend, or
 3406  otherwise discipline any student who is found to have violated
 3407  any law, ordinance, or rule or regulation of the State Board of
 3408  Community Colleges regarding the Florida Community College
 3409  System Education, the Board of Governors regarding the State
 3410  University System, or the board of trustees of the institution.
 3411  A student may be entitled to waiver of expulsion:
 3412         (a) If the student provides substantial assistance in the
 3413  identification, arrest, or conviction of any of his or her
 3414  accomplices, accessories, coconspirators, or principals or of
 3415  any other person engaged in violations of chapter 893 within a
 3416  state university or Florida Community College System
 3417  institution;
 3418         (b) If the student voluntarily discloses his or her
 3419  violations of chapter 893 prior to his or her arrest; or
 3420         (c) If the student commits himself or herself, or is
 3421  referred by the court in lieu of sentence, to a state-licensed
 3422  drug abuse program and successfully completes the program.
 3423         Section 52. Paragraphs (c) and (g) of subsection (1),
 3424  paragraph (b) of subsection (2), and subsection (3) of section
 3425  1006.71, Florida Statutes, are amended to read:
 3426         1006.71 Gender equity in intercollegiate athletics.—
 3427         (1) GENDER EQUITY PLAN.—
 3428         (c) The Chancellor of the Florida Community College System
 3429  Commissioner of Education shall annually assess the progress of
 3430  each Florida Community College System institution’s plan and
 3431  advise the State Board of Community Colleges Education and the
 3432  Legislature regarding compliance.
 3433         (g)1. If a Florida Community College System institution is
 3434  not in compliance with Title IX of the Education Amendments of
 3435  1972 and the Florida Educational Equity Act, the State Board of
 3436  Community Colleges Education shall:
 3437         a. Declare the Florida Community College System institution
 3438  ineligible for competitive state grants.
 3439         b. Withhold funds sufficient to obtain compliance.
 3440  
 3441  The Florida Community College System institution shall remain
 3442  ineligible and the funds may shall not be paid until the Florida
 3443  Community College System institution comes into compliance or
 3444  the Chancellor of the Florida Community College System
 3445  Commissioner of Education approves a plan for compliance.
 3446         2. If a state university is not in compliance with Title IX
 3447  of the Education Amendments of 1972 and the Florida Educational
 3448  Equity Act, the Board of Governors shall:
 3449         a. Declare the state university ineligible for competitive
 3450  state grants.
 3451         b. Withhold funds sufficient to obtain compliance.
 3452  
 3453  The state university shall remain ineligible and the funds may
 3454  shall not be paid until the state university comes into
 3455  compliance or the Board of Governors approves a plan for
 3456  compliance.
 3457         (2) FUNDING.—
 3458         (b) The level of funding and percentage share of support
 3459  for women’s intercollegiate athletics for Florida Community
 3460  College System institutions shall be determined by the State
 3461  Board of Community Colleges Education. The level of funding and
 3462  percentage share of support for women’s intercollegiate
 3463  athletics for state universities shall be determined by the
 3464  Board of Governors. The level of funding and percentage share
 3465  attained in the 1980-1981 fiscal year shall be the minimum level
 3466  and percentage maintained by each institution, except as the
 3467  State Board of Community Colleges Education or the Board of
 3468  Governors otherwise directs its respective institutions for the
 3469  purpose of assuring equity. Consideration shall be given by the
 3470  State Board of Community Colleges Education or the Board of
 3471  Governors to emerging athletic programs at institutions which
 3472  may not have the resources to secure external funds to provide
 3473  athletic opportunities for women. It is the intent that the
 3474  effect of any redistribution of funds among institutions may
 3475  shall not negate the requirements as set forth in this section.
 3476         (3) STATE BOARD OF COMMUNITY COLLEGES EDUCATION.—The State
 3477  Board of Community Colleges Education shall assure equal
 3478  opportunity for female athletes at Florida Community College
 3479  System institutions and establish:
 3480         (a) In conjunction with the State Board of Education,
 3481  guidelines for reporting of intercollegiate athletics data
 3482  concerning financial, program, and facilities information for
 3483  review by the State Board of Community Colleges Education
 3484  annually.
 3485         (b) Systematic audits for the evaluation of such data.
 3486         (c) Criteria for determining and assuring equity.
 3487         Section 53. Section 1007.01, Florida Statutes, is amended
 3488  to read:
 3489         1007.01 Articulation; legislative intent; purpose; role of
 3490  the State Board of Education, the State Board of Community
 3491  Colleges, and the Board of Governors; Articulation Coordinating
 3492  Committee.—
 3493         (1) It is the intent of the Legislature to facilitate
 3494  articulation and seamless integration of the K-20 education
 3495  system by building, sustaining, and strengthening relationships
 3496  among K-20 public organizations, between public and private
 3497  organizations, and between the education system as a whole and
 3498  Florida’s communities. The purpose of building, sustaining, and
 3499  strengthening these relationships is to provide for the
 3500  efficient and effective progression and transfer of students
 3501  within the education system and to allow students to proceed
 3502  toward their educational objectives as rapidly as their
 3503  circumstances permit. The Legislature further intends that
 3504  articulation policies and budget actions be implemented
 3505  consistently in the practices of the Department of Education and
 3506  postsecondary educational institutions and expressed in the
 3507  collaborative policy efforts of the State Board of Education,
 3508  and the Board of Governors, and the State Board of Community
 3509  Colleges.
 3510         (2) To preserve Florida’s “2+2” system of articulation and
 3511  improve and facilitate articulation systemwide, the State Board
 3512  of Education, and the Board of Governors, and the State Board of
 3513  Community Colleges shall collaboratively establish and adopt
 3514  policies with input from statewide K-20 advisory groups
 3515  established by the Commissioner of Education, the Chancellor of
 3516  the Florida Community College System, and the Chancellor of the
 3517  State University System and shall recommend the policies to the
 3518  Legislature. The policies shall relate to:
 3519         (a) The alignment between the exit requirements of one
 3520  education system and the admissions requirements of another
 3521  education system into which students typically transfer.
 3522         (b) The identification of common courses, the level of
 3523  courses, institutional participation in a statewide course
 3524  numbering system, and the transferability of credits among such
 3525  institutions.
 3526         (c) Identification of courses that meet general education
 3527  or common degree program prerequisite requirements at public
 3528  postsecondary educational institutions.
 3529         (d) Dual enrollment course equivalencies.
 3530         (e) Articulation agreements.
 3531         (3) The Commissioner of Education, in consultation with the
 3532  Chancellor of the Florida Community College System and the
 3533  Chancellor of the State University System, shall establish the
 3534  Articulation Coordinating Committee, which shall make
 3535  recommendations related to statewide articulation policies and
 3536  issues regarding access, quality, and reporting of data
 3537  maintained by the K-20 data warehouse, established pursuant to
 3538  ss. 1001.10 and 1008.31, to the Higher Education Coordination
 3539  Council, the State Board of Education, and the Board of
 3540  Governors, and the State Board of Community Colleges. The
 3541  committee shall consist of two members each representing the
 3542  State University System, the Florida Community College System,
 3543  public career and technical education, K-12 education, and
 3544  nonpublic postsecondary education and one member representing
 3545  students. The chair shall be elected from the membership. The
 3546  Office of K-20 Articulation shall provide administrative support
 3547  for the committee. The committee shall:
 3548         (a) Monitor the alignment between the exit requirements of
 3549  one education system and the admissions requirements of another
 3550  education system into which students typically transfer and make
 3551  recommendations for improvement.
 3552         (b) Propose guidelines for interinstitutional agreements
 3553  between and among public schools, career and technical education
 3554  centers, Florida Community College System institutions, state
 3555  universities, and nonpublic postsecondary institutions.
 3556         (c) Annually recommend dual enrollment course and high
 3557  school subject area equivalencies for approval by the State
 3558  Board of Education, and the Board of Governors, and the State
 3559  Board of Community Colleges.
 3560         (d) Annually review the statewide articulation agreement
 3561  pursuant to s. 1007.23 and make recommendations for revisions.
 3562         (e) Annually review the statewide course numbering system,
 3563  the levels of courses, and the application of transfer credit
 3564  requirements among public and nonpublic institutions
 3565  participating in the statewide course numbering system and
 3566  identify instances of student transfer and admissions
 3567  difficulties.
 3568         (f) Annually publish a list of courses that meet common
 3569  general education and common degree program prerequisite
 3570  requirements at public postsecondary institutions identified
 3571  pursuant to s. 1007.25.
 3572         (g) Foster timely collection and reporting of statewide
 3573  education data to improve the K-20 education performance
 3574  accountability system pursuant to ss. 1001.10 and 1008.31,
 3575  including, but not limited to, data quality, accessibility, and
 3576  protection of student records.
 3577         (h) Recommend roles and responsibilities of public
 3578  education entities in interfacing with the single, statewide
 3579  computer-assisted student advising system established pursuant
 3580  to s. 1006.735.
 3581         (i) Make recommendations regarding the cost and
 3582  requirements to develop and implement an online system for
 3583  collecting and analyzing data regarding requests for transfer of
 3584  credit by postsecondary education students. The online system,
 3585  at a minimum, must collect information regarding the total
 3586  number of credit transfer requests denied and the reason for
 3587  each denial. Recommendations shall be reported to the President
 3588  of the Senate and the Speaker of the House of Representatives on
 3589  or before January 31, 2015.
 3590         Section 54. Subsections (1) and (6) of section 1007.23,
 3591  Florida Statutes, are amended, and subsection (7) is added to
 3592  that section, to read:
 3593         1007.23 Statewide articulation agreement.—
 3594         (1) The State Board of Education, and the Board of
 3595  Governors, and the State Board of Community Colleges shall enter
 3596  into a statewide articulation agreement which the State Board of
 3597  Education and the State Board of Community Colleges shall adopt
 3598  by rule. The agreement must preserve Florida’s “2+2” system of
 3599  articulation, facilitate the seamless articulation of student
 3600  credit across and among Florida’s educational entities, and
 3601  reinforce the provisions of this chapter by governing:
 3602         (a) Articulation between secondary and postsecondary
 3603  education;
 3604         (b) Admission of associate in arts degree graduates from
 3605  Florida Community College System institutions and state
 3606  universities;
 3607         (c) Admission of applied technology diploma program
 3608  graduates from Florida Community College System institutions or
 3609  career centers;
 3610         (d) Admission of associate in science degree and associate
 3611  in applied science degree graduates from Florida Community
 3612  College System institutions;
 3613         (e) The use of acceleration mechanisms, including
 3614  nationally standardized examinations through which students may
 3615  earn credit;
 3616         (f) General education requirements and statewide course
 3617  numbers as provided for in ss. 1007.24 and 1007.25; and
 3618         (g) Articulation among programs in nursing.
 3619         (6) The articulation agreement must guarantee the
 3620  articulation of 9 credit hours toward a postsecondary degree in
 3621  early childhood education for programs approved by the State
 3622  Board of Community Colleges Education and the Board of Governors
 3623  which:
 3624         (a) Award a child development associate credential issued
 3625  by the National Credentialing Program of the Council for
 3626  Professional Recognition or award a credential approved under s.
 3627  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
 3628  child development associate credential; and
 3629         (b) Include training in emergent literacy which meets or
 3630  exceeds the minimum standards for training courses for
 3631  prekindergarten instructors of the Voluntary Prekindergarten
 3632  Education Program in s. 1002.59.
 3633         (7) To strengthen Florida’s “2+2” system of articulation
 3634  and improve student retention and on-time graduation, by the
 3635  2018-2019 academic year, each Florida Community College System
 3636  institution shall execute at least one “2+2” targeted pathway
 3637  articulation agreement with one or more state universities to
 3638  establish “2+2” targeted pathway programs. The agreement must
 3639  provide students who graduate with an associate in arts degree
 3640  and who meet specified requirements guaranteed access to the
 3641  state university and a degree program at that university, in
 3642  accordance with the terms of the “2+2” targeted pathway
 3643  articulation agreement.
 3644         (a) To participate in a “2+2” targeted pathway program, a
 3645  student must:
 3646         1. Enroll in the program before completing 30 credit hours,
 3647  including, but not limited to, college credits earned through
 3648  articulated acceleration mechanisms pursuant to s. 1007.27;
 3649         2. Complete an associate in arts degree; and
 3650         3. Meet the university’s transfer requirements.
 3651         (b) A state university that executes a “2+2” targeted
 3652  pathway articulation agreement must meet the following
 3653  requirements in order to implement a “2+2” targeted pathway
 3654  program in collaboration with its partner Florida Community
 3655  College System institution:
 3656         1. Establish a 4-year on-time graduation plan for a
 3657  baccalaureate degree program, including, but not limited to, a
 3658  plan for students to complete associate in arts degree programs,
 3659  general education courses, common prerequisite courses, and
 3660  elective courses;
 3661         2. Advise students enrolled in the program about the
 3662  university’s transfer and degree program requirements; and
 3663         3. Provide students who meet the requirements under this
 3664  paragraph with access to academic advisors and campus events and
 3665  with guaranteed admittance to the state university and a degree
 3666  program of the state university, in accordance with the terms of
 3667  the agreement.
 3668         (c)To assist the state universities and Florida Community
 3669  College System institutions with implementing the “2+2” targeted
 3670  pathway programs effectively, the State Board of Community
 3671  Colleges and the Board of Governors shall collaborate to
 3672  eliminate barriers in executing “2+2” targeted pathway
 3673  articulation agreements.
 3674         Section 55. Subsections (1), (2), and (3) of section
 3675  1007.24, Florida Statutes, are amended to read:
 3676         1007.24 Statewide course numbering system.—
 3677         (1) The Department of Education, in conjunction with the
 3678  Board of Governors and the State Board of Community Colleges,
 3679  shall develop, coordinate, and maintain a statewide course
 3680  numbering system for postsecondary and dual enrollment education
 3681  in school districts, public postsecondary educational
 3682  institutions, and participating nonpublic postsecondary
 3683  educational institutions that will improve program planning,
 3684  increase communication among all delivery systems, and
 3685  facilitate student acceleration and the transfer of students and
 3686  credits between public school districts, public postsecondary
 3687  educational institutions, and participating nonpublic
 3688  educational institutions. The continuing maintenance of the
 3689  system shall be accomplished with the assistance of appropriate
 3690  faculty committees representing public and participating
 3691  nonpublic educational institutions.
 3692         (2) The Commissioner of Education, in conjunction with the
 3693  Chancellor of the Florida Community College System and the
 3694  Chancellor of the State University System, shall appoint faculty
 3695  committees representing faculties of participating institutions
 3696  to recommend a single level for each course, including
 3697  postsecondary career education courses, included in the
 3698  statewide course numbering system.
 3699         (a) Any course designated as an upper-division-level course
 3700  must be characterized by a need for advanced academic
 3701  preparation and skills that a student would be unlikely to
 3702  achieve without significant prior coursework.
 3703         (b) A course that is offered as part of an associate in
 3704  science degree program and as an upper-division course for a
 3705  baccalaureate degree shall be designated for both the lower and
 3706  upper division.
 3707         (c) A course designated as lower-division may be offered by
 3708  any Florida Community College System institution.
 3709         (3) The Commissioner of Education shall recommend to the
 3710  State Board of Education the levels for the courses. The State
 3711  Board of Education, with input from the Board of Governors and
 3712  the State Board of Community Colleges, shall approve the levels
 3713  for the courses.
 3714         Section 56. Subsections (3), (5), and (8) through (11) of
 3715  section 1007.25, Florida Statutes, are amended to read:
 3716         1007.25 General education courses; common prerequisites;
 3717  other degree requirements.—
 3718         (3) The chair of the State Board of Community Colleges
 3719  Education and the chair of the Board of Governors, or their
 3720  designees, shall jointly appoint faculty committees to identify
 3721  statewide general education core course options. General
 3722  education core course options shall consist of a maximum of five
 3723  courses within each of the subject areas of communication,
 3724  mathematics, social sciences, humanities, and natural sciences.
 3725  The core courses may be revised, or the five-course maximum
 3726  within each subject area may be exceeded, if approved by the
 3727  State Board of Community Colleges Education and the Board of
 3728  Governors, as recommended by the subject area faculty committee
 3729  and approved by the Articulation Coordinating Committee as
 3730  necessary for a subject area. Each general education core course
 3731  option must contain high-level academic and critical thinking
 3732  skills and common competencies that students must demonstrate to
 3733  successfully complete the course. Beginning with students
 3734  initially entering a Florida Community College System
 3735  institution or state university in 2015-2016 and thereafter,
 3736  each student must complete at least one identified core course
 3737  in each subject area as part of the general education course
 3738  requirements. All public postsecondary educational institutions
 3739  shall accept these courses as meeting general education core
 3740  course requirements. The remaining general education course
 3741  requirements shall be identified by each institution and
 3742  reported to the department by their statewide course number. The
 3743  general education core course options shall be adopted in rule
 3744  by the State Board of Community Colleges Education and in
 3745  regulation by the Board of Governors.
 3746         (5) The department shall identify common prerequisite
 3747  courses and course substitutions for degree programs across all
 3748  institutions. Common degree program prerequisites shall be
 3749  offered and accepted by all state universities and Florida
 3750  Community College System institutions, except in cases approved
 3751  by the State Board of Community Colleges, Education for Florida
 3752  Community College System institutions, and the Board of
 3753  Governors, for state universities. The department shall develop
 3754  a centralized database containing the list of courses and course
 3755  substitutions that meet the prerequisite requirements for each
 3756  baccalaureate degree program.
 3757         (8) A baccalaureate degree program shall require no more
 3758  than 120 semester hours of college credit and include 36
 3759  semester hours of general education coursework, unless prior
 3760  approval has been granted by the Board of Governors for
 3761  baccalaureate degree programs offered by state universities and
 3762  by the State Board of Community Colleges Education for
 3763  baccalaureate degree programs offered by Florida Community
 3764  College System institutions.
 3765         (9) A student who received an associate in arts degree for
 3766  successfully completing 60 semester credit hours may continue to
 3767  earn additional credits at a Florida Community College System
 3768  institution. The university must provide credit toward the
 3769  student’s baccalaureate degree for a an additional Florida
 3770  Community College System institution course if, according to the
 3771  statewide course numbering, the Florida Community College System
 3772  institution course is a course listed in the university catalog
 3773  as required for the degree or as prerequisite to a course
 3774  required for the degree. Of the courses required for the degree,
 3775  at least half of the credit hours required for the degree shall
 3776  be achievable through courses designated as lower division,
 3777  except in degree programs approved by the State Board of
 3778  Community Colleges Education for programs offered by Florida
 3779  Community College System institutions and by the Board of
 3780  Governors for programs offered by state universities.
 3781         (10) Students at state universities may request associate
 3782  in arts certificates if they have successfully completed the
 3783  minimum requirements for the degree of associate in arts (A.A.).
 3784  The university must grant the student an associate in arts
 3785  degree if the student has successfully completed minimum
 3786  requirements for college-level communication and computation
 3787  skills adopted by the State Board of Community Colleges
 3788  Education and 60 academic semester hours or the equivalent
 3789  within a degree program area, including 36 semester hours in
 3790  general education courses in the subject areas of communication,
 3791  mathematics, social sciences, humanities, and natural sciences,
 3792  consistent with the general education requirements specified in
 3793  the articulation agreement pursuant to s. 1007.23.
 3794         (11) The Commissioner of Education and the Chancellor of
 3795  the Florida Community College System shall jointly appoint
 3796  faculty committees representing both Florida Community College
 3797  System institution and public school faculties to recommend to
 3798  the commissioner, or the Chancellor of the Florida Community
 3799  College System, as applicable, for approval by the State Board
 3800  of Education and the State Board of Community Colleges, as
 3801  applicable, a standard program length and appropriate
 3802  occupational completion points for each postsecondary career
 3803  certificate program, diploma, and degree offered by a school
 3804  district or a Florida Community College System institution.
 3805         Section 57. Section 1007.262, Florida Statutes, is amended
 3806  to read:
 3807         1007.262 Foreign language competence; equivalence
 3808  determinations.—The Department of Education shall identify the
 3809  competencies demonstrated by students upon the successful
 3810  completion of 2 credits of sequential high school foreign
 3811  language instruction. For the purpose of determining
 3812  postsecondary equivalence, the State Board of Community Colleges
 3813  department shall develop rules through which Florida Community
 3814  College System institutions correlate such competencies to the
 3815  competencies required of students in the colleges’ respective
 3816  courses. Based on this correlation, each Florida Community
 3817  College System institution shall identify the minimum number of
 3818  postsecondary credits that students must earn in order to
 3819  demonstrate a level of competence in a foreign language at least
 3820  equivalent to that of students who have completed 2 credits of
 3821  such instruction in high school. The department may also specify
 3822  alternative means by which students can demonstrate equivalent
 3823  foreign language competence, including means by which a student
 3824  whose native language is not English may demonstrate proficiency
 3825  in the native language. A student who demonstrates proficiency
 3826  in a native language other than English is exempt from a
 3827  requirement of completing foreign language courses at the
 3828  secondary or Florida Community College System level.
 3829         Section 58. Section 1007.263, Florida Statutes, is amended
 3830  to read:
 3831         1007.263 Florida Community College System institutions;
 3832  admissions of students.—Each Florida Community College System
 3833  institution board of trustees is authorized to adopt rules
 3834  governing admissions of students subject to this section and
 3835  rules of the State Board of Community Colleges Education. These
 3836  rules shall include the following:
 3837         (1) Admissions counseling shall be provided to all students
 3838  entering college or career credit programs. For students who are
 3839  not otherwise exempt from testing under s. 1008.30, counseling
 3840  must use tests to measure achievement of college-level
 3841  communication and computation competencies by students entering
 3842  college credit programs or tests to measure achievement of basic
 3843  skills for career education programs as prescribed in s.
 3844  1004.91. Counseling includes providing developmental education
 3845  options for students whose assessment results, determined under
 3846  s. 1008.30, indicate that they need to improve communication or
 3847  computation skills that are essential to perform college-level
 3848  work.
 3849         (2) Admission to associate degree programs is subject to
 3850  minimum standards adopted by the State Board of Community
 3851  Colleges Education and shall require:
 3852         (a) A standard high school diploma, a high school
 3853  equivalency diploma as prescribed in s. 1003.435, previously
 3854  demonstrated competency in college credit postsecondary
 3855  coursework, or, in the case of a student who is home educated, a
 3856  signed affidavit submitted by the student’s parent or legal
 3857  guardian attesting that the student has completed a home
 3858  education program pursuant to the requirements of s. 1002.41.
 3859  Students who are enrolled in a dual enrollment or early
 3860  admission program pursuant to s. 1007.271 are exempt from this
 3861  requirement.
 3862         (b) A demonstrated level of achievement of college-level
 3863  communication and computation skills.
 3864         (c) Any other requirements established by the board of
 3865  trustees.
 3866         (3) Admission to other programs within the Florida
 3867  Community College System institution shall include education
 3868  requirements as established by the board of trustees.
 3869         (4) A student who has been awarded a certificate of
 3870  completion under s. 1003.4282 is eligible to enroll in
 3871  certificate career education programs.
 3872         (5) A student with a documented disability may be eligible
 3873  for reasonable substitutions, as prescribed in ss. 1007.264 and
 3874  1007.265.
 3875  
 3876  Each board of trustees shall establish policies that notify
 3877  students about developmental education options for improving
 3878  their communication or computation skills that are essential to
 3879  performing college-level work, including tutoring, extended time
 3880  in gateway courses, free online courses, adult basic education,
 3881  adult secondary education, or private provider instruction.
 3882         Section 59. Subsection (2) of section 1007.264, Florida
 3883  Statutes, is amended to read:
 3884         1007.264 Persons with disabilities; admission to
 3885  postsecondary educational institutions; substitute requirements;
 3886  rules and regulations.—
 3887         (2) The State Board of Community Colleges Education, in
 3888  consultation with the Board of Governors, shall adopt rules to
 3889  implement this section for Florida Community College System
 3890  institutions and shall develop substitute admission requirements
 3891  where appropriate.
 3892         Section 60. Subsections (2) and (3) of section 1007.265,
 3893  Florida Statutes, are amended to read:
 3894         1007.265 Persons with disabilities; graduation, study
 3895  program admission, and upper-division entry; substitute
 3896  requirements; rules and regulations.—
 3897         (2) The State Board of Community Colleges Education, in
 3898  consultation with the Board of Governors, shall adopt rules to
 3899  implement this section for Florida Community College System
 3900  institutions and shall develop substitute requirements where
 3901  appropriate.
 3902         (3) The Board of Governors, in consultation with the State
 3903  Board of Community Colleges Education, shall adopt regulations
 3904  to implement this section for state universities and shall
 3905  develop substitute requirements where appropriate.
 3906         Section 61. Subsections (6), (7), and (8) of section
 3907  1007.27, Florida Statutes, are amended to read:
 3908         1007.27 Articulated acceleration mechanisms.—
 3909         (6) Credit by examination shall be the program through
 3910  which secondary and postsecondary students generate
 3911  postsecondary credit based on the receipt of a specified minimum
 3912  score on nationally standardized general or subject-area
 3913  examinations. For the purpose of statewide application, such
 3914  examinations and the corresponding minimum scores required for
 3915  an award of credit shall be delineated by the State Board of
 3916  Education, and the Board of Governors, and the State Board of
 3917  Community Colleges in the statewide articulation agreement
 3918  required by s. 1007.23(1). The maximum credit generated by a
 3919  student pursuant to this subsection shall be mitigated by any
 3920  related postsecondary credit earned by the student prior to the
 3921  administration of the examination. This subsection shall not
 3922  preclude Florida Community College System institutions and
 3923  universities from awarding credit by examination based on
 3924  student performance on examinations developed within and
 3925  recognized by the individual postsecondary institutions.
 3926         (7) The International Baccalaureate Program shall be the
 3927  curriculum in which eligible secondary students are enrolled in
 3928  a program of studies offered through the International
 3929  Baccalaureate Program administered by the International
 3930  Baccalaureate Office. The State Board of Community Colleges
 3931  Education and the Board of Governors shall specify in the
 3932  statewide articulation agreement required by s. 1007.23(1) the
 3933  cutoff scores and International Baccalaureate Examinations which
 3934  will be used to grant postsecondary credit at Florida Community
 3935  College System institutions and universities. Any changes to the
 3936  articulation agreement, which have the effect of raising the
 3937  required cutoff score or of changing the International
 3938  Baccalaureate Examinations which will be used to grant
 3939  postsecondary credit, shall only apply to students taking
 3940  International Baccalaureate Examinations after such changes are
 3941  adopted by the State Board of Community Colleges Education and
 3942  the Board of Governors. Students shall be awarded a maximum of
 3943  30 semester credit hours pursuant to this subsection. The
 3944  specific course for which a student may receive such credit
 3945  shall be specified in the statewide articulation agreement
 3946  required by s. 1007.23(1). Students enrolled pursuant to this
 3947  subsection shall be exempt from the payment of any fees for
 3948  administration of the examinations regardless of whether or not
 3949  the student achieves a passing score on the examination.
 3950         (8) The Advanced International Certificate of Education
 3951  Program and the International General Certificate of Secondary
 3952  Education (pre-AICE) Program shall be the curricula in which
 3953  eligible secondary students are enrolled in programs of study
 3954  offered through the Advanced International Certificate of
 3955  Education Program or the International General Certificate of
 3956  Secondary Education (pre-AICE) Program administered by the
 3957  University of Cambridge Local Examinations Syndicate. The State
 3958  Board of Community Colleges Education and the Board of Governors
 3959  shall specify in the statewide articulation agreement required
 3960  by s. 1007.23(1) the cutoff scores and Advanced International
 3961  Certificate of Education examinations which will be used to
 3962  grant postsecondary credit at Florida Community College System
 3963  institutions and universities. Any changes to the cutoff scores,
 3964  which changes have the effect of raising the required cutoff
 3965  score or of changing the Advanced International Certification of
 3966  Education examinations which will be used to grant postsecondary
 3967  credit, shall apply to students taking Advanced International
 3968  Certificate of Education examinations after such changes are
 3969  adopted by the State Board of Community Colleges Education and
 3970  the Board of Governors. Students shall be awarded a maximum of
 3971  30 semester credit hours pursuant to this subsection. The
 3972  specific course for which a student may receive such credit
 3973  shall be determined by the Florida Community College System
 3974  institution or university that accepts the student for
 3975  admission. Students enrolled in either program of study pursuant
 3976  to this subsection shall be exempt from the payment of any fees
 3977  for administration of the examinations regardless of whether the
 3978  student achieves a passing score on the examination.
 3979         Section 62. Subsections (3) and (22) of section 1007.271,
 3980  Florida Statutes, are amended to read:
 3981         1007.271 Dual enrollment programs.—
 3982         (3) Student eligibility requirements for initial enrollment
 3983  in college credit dual enrollment courses must include a 3.0
 3984  unweighted high school grade point average and the minimum score
 3985  on a common placement test adopted by the State Board of
 3986  Education which indicates that the student is ready for college
 3987  level coursework. Student eligibility requirements for continued
 3988  enrollment in college credit dual enrollment courses must
 3989  include the maintenance of a 3.0 unweighted high school grade
 3990  point average and the minimum postsecondary grade point average
 3991  established by the postsecondary institution. Regardless of
 3992  meeting student eligibility requirements for continued
 3993  enrollment, a student may lose the opportunity to participate in
 3994  a dual enrollment course if the student is disruptive to the
 3995  learning process such that the progress of other students or the
 3996  efficient administration of the course is hindered. Student
 3997  eligibility requirements for initial and continued enrollment in
 3998  career certificate dual enrollment courses must include a 2.0
 3999  unweighted high school grade point average. Exceptions to the
 4000  required grade point averages may be granted on an individual
 4001  student basis if the educational entities agree and the terms of
 4002  the agreement are contained within the dual enrollment
 4003  articulation agreement established pursuant to subsection (21).
 4004  Florida Community College System institution boards of trustees
 4005  may establish additional initial student eligibility
 4006  requirements, which shall be included in the dual enrollment
 4007  articulation agreement, to ensure student readiness for
 4008  postsecondary instruction. Additional requirements included in
 4009  the agreement may not arbitrarily prohibit students who have
 4010  demonstrated the ability to master advanced courses from
 4011  participating in dual enrollment courses.
 4012         (22) The Department of Education shall develop an
 4013  electronic submission system for dual enrollment articulation
 4014  agreements and shall review, for compliance, each dual
 4015  enrollment articulation agreement submitted pursuant to
 4016  subsections (13), (21), and (24). The Commissioner of Education
 4017  shall notify the district school superintendent and the Florida
 4018  Community College System institution president if the dual
 4019  enrollment articulation agreement does not comply with statutory
 4020  requirements and shall submit any dual enrollment articulation
 4021  agreement with unresolved issues of noncompliance to the State
 4022  Board of Education. The State Board of Education shall
 4023  collaborate with the State Board of Community Colleges to
 4024  resolve unresolved issues of noncompliance.
 4025         Section 63. Subsection (6) of section 1007.273, Florida
 4026  Statutes, is amended to read:
 4027         1007.273 Collegiate high school program.—
 4028         (6) The collegiate high school program shall be funded
 4029  pursuant to ss. 1007.271 and 1011.62. The State Board of
 4030  Education shall enforce compliance with this section by
 4031  withholding the transfer of funds for the school districts and
 4032  the Florida College System institutions in accordance with s.
 4033  1008.32. Annually by December 31, the State Board of Community
 4034  Colleges shall enforce compliance with this section by
 4035  withholding the transfer of funds for the Florida Community
 4036  College System institutions in accordance with s. 1001.602.
 4037         Section 64. Section 1007.33, Florida Statutes, is amended
 4038  to read:
 4039         1007.33 Site-determined baccalaureate degree access.—
 4040         (1)(a) The Legislature recognizes that public and private
 4041  postsecondary educational institutions play an essential role in
 4042  improving the quality of life and economic well-being of the
 4043  state and its residents. The Legislature also recognizes that
 4044  economic development needs and the educational needs of place
 4045  bound, nontraditional students have increased the demand for
 4046  local access to baccalaureate degree programs. It is therefore
 4047  the intent of the Legislature to further expand access to
 4048  baccalaureate degree programs through the use of Florida
 4049  Community College System institutions.
 4050         (b) For purposes of this section, the term “district”
 4051  refers to the county or counties served by a Florida Community
 4052  College System institution pursuant to s. 1000.21(3).
 4053         (2) Any Florida Community College System institution that
 4054  offers one or more baccalaureate degree programs must:
 4055         (a) Maintain as its primary mission:
 4056         1. Responsibility for responding to community needs for
 4057  postsecondary academic education and career degree education as
 4058  prescribed in s. 1004.65(5).
 4059         2. The provision of associate degrees that provide access
 4060  to a university.
 4061         (b) Maintain an open-door admission policy for associate
 4062  level degree programs and workforce education programs.
 4063         (c) Continue to provide outreach to underserved
 4064  populations.
 4065         (d) Continue to provide remedial education pursuant to s.
 4066  1008.30.
 4067         (e) Comply with all provisions of the statewide
 4068  articulation agreement which relate to 2-year and 4-year public
 4069  degree-granting institutions as adopted by the State Board of
 4070  Education or the State Board of Community Colleges, as
 4071  applicable, pursuant to s. 1007.23.
 4072         (f) Not award graduate credit.
 4073         (g) Not participate in intercollegiate athletics beyond the
 4074  2-year level.
 4075         (3) A Florida Community College System institution may not
 4076  terminate its associate in arts or associate in science degree
 4077  programs as a result of being authorized to offer one or more
 4078  baccalaureate degree programs. The Legislature intends that the
 4079  primary responsibility of a Florida Community College System
 4080  institution, including a Florida Community College System
 4081  institution that offers baccalaureate degree programs, continues
 4082  to be the provision of associate degrees that provide access to
 4083  a university.
 4084         (4) A Florida Community College System institution may:
 4085         (a) Offer specified baccalaureate degree programs through
 4086  formal agreements between the Florida Community College System
 4087  institution and other regionally accredited postsecondary
 4088  educational institutions pursuant to s. 1007.22.
 4089         (b) Offer baccalaureate degree programs that are were
 4090  authorized by law prior to July 1, 2009.
 4091         (c) Beginning July 1, 2009, establish a first or subsequent
 4092  baccalaureate degree program for purposes of meeting district,
 4093  regional, or statewide workforce needs if approved by the State
 4094  Board of Community Colleges Education under this section.
 4095  However, a Florida Community College System institution may not
 4096  offer a bachelor of arts degree program.
 4097  
 4098  Beginning July 1, 2009, the Board of Trustees of St. Petersburg
 4099  College is authorized to establish one or more bachelor of
 4100  applied science degree programs based on an analysis of
 4101  workforce needs in Pinellas, Pasco, and Hernando Counties and
 4102  other counties approved by the Department of Education. For each
 4103  program selected, St. Petersburg College must offer a related
 4104  associate in science or associate in applied science degree
 4105  program, and the baccalaureate degree level program must be
 4106  designed to articulate fully with at least one associate in
 4107  science degree program. The college is encouraged to develop
 4108  articulation agreements for enrollment of graduates of related
 4109  associate in applied science degree programs. The Board of
 4110  Trustees of St. Petersburg College is authorized to establish
 4111  additional baccalaureate degree programs if it determines a
 4112  program is warranted and feasible based on each of the factors
 4113  in paragraph (5)(d). However, the Board of Trustees of St.
 4114  Petersburg College may not establish any new baccalaureate
 4115  degree programs from March 31, 2014, through May 31, 2015. Prior
 4116  to developing or proposing a new baccalaureate degree program,
 4117  St. Petersburg College shall engage in need, demand, and impact
 4118  discussions with the state university in its service district
 4119  and other local and regional, accredited postsecondary providers
 4120  in its region. Documentation, data, and other information from
 4121  inter-institutional discussions regarding program need, demand,
 4122  and impact shall be provided to the college’s board of trustees
 4123  to inform the program approval process. Employment at St.
 4124  Petersburg College is governed by the same laws that govern
 4125  Florida College System institutions, except that upper-division
 4126  faculty are eligible for continuing contracts upon the
 4127  completion of the fifth year of teaching. Employee records for
 4128  all personnel shall be maintained as required by s. 1012.81.
 4129         (5) The approval process for baccalaureate degree programs
 4130  requires shall require:
 4131         (a) Each Florida Community College System institution to
 4132  submit a notice of its intent to propose a baccalaureate degree
 4133  program to the State Board of Community Division of Florida
 4134  Colleges at least 1 year 100 days before the submission of its
 4135  proposal under paragraph (c) (d). The notice must include a
 4136  brief description of the program, the workforce demand and unmet
 4137  need for graduates of the program to include evidence from
 4138  entities independent of the institution, the geographic region
 4139  to be served, and an estimated timeframe for implementation.
 4140  Notices of intent may be submitted by a Florida Community
 4141  College System institution at any time throughout the year. The
 4142  notice must also include evidence that the Florida Community
 4143  College System institution engaged in need, demand, and impact
 4144  discussions with the state university and other regionally
 4145  accredited postsecondary education providers in its service
 4146  district.
 4147         (b) The State Board of Community Division of Florida
 4148  Colleges to forward the notice of intent submitted pursuant to
 4149  paragraph (a) and the justification for the proposed
 4150  baccalaureate degree program submitted pursuant to paragraph (c)
 4151  within 10 business days after receiving such notice and
 4152  justification to the Chancellor of the State University System,
 4153  the president of the Independent Colleges and Universities of
 4154  Florida, and the Executive Director of the Commission for
 4155  Independent Education. State universities shall have 180 60 days
 4156  following receipt of the notice and justification by the
 4157  Chancellor of the State University System to submit an
 4158  objection, including a reason for the objection, objections to
 4159  the proposed new program or submit an alternative proposal to
 4160  offer the baccalaureate degree program. The Chancellor of the
 4161  State University System shall review the objection raised by a
 4162  state university and inform the Board of Governors of the
 4163  objection before a state university submits its objection to the
 4164  State Board of Community Colleges. The State Board of Community
 4165  Colleges must consult with the Chancellor of the State
 4166  University System to consider the objection raised by the state
 4167  university before approving or denying a Florida Community
 4168  College System institution’s proposal submitted pursuant to
 4169  paragraph (c). If a proposal from a state university is not
 4170  received within the 60-day period, The State Board of Community
 4171  Colleges Education shall also provide regionally accredited
 4172  private colleges and universities 180 30 days to submit
 4173  objections to the proposed new program or submit an alternative
 4174  proposal. Objections by a regionally accredited private college
 4175  or university or alternative proposals shall be submitted to the
 4176  State Board of Community Division of Florida Colleges, and the
 4177  state board must consider such objections before and must be
 4178  considered by the State Board of Education in making its
 4179  decision to approve or deny a Florida Community College System
 4180  institution’s proposal submitted pursuant to paragraph (c).
 4181         (c) An alternative proposal submitted by a state university
 4182  or private college or university to adequately address:
 4183         1. The extent to which the workforce demand and unmet need
 4184  described in the notice of intent will be met.
 4185         2. The extent to which students will be able to complete
 4186  the degree in the geographic region proposed to be served by the
 4187  Florida College System institution.
 4188         3. The level of financial commitment of the college or
 4189  university to the development, implementation, and maintenance
 4190  of the specified degree program, including timelines.
 4191         4. The extent to which faculty at both the Florida College
 4192  System institution and the college or university will
 4193  collaborate in the development and offering of the curriculum.
 4194         5. The ability of the Florida College System institution
 4195  and the college or university to develop and approve the
 4196  curriculum for the specified degree program within 6 months
 4197  after an agreement between the Florida College System
 4198  institution and the college or university is signed.
 4199         6. The extent to which the student may incur additional
 4200  costs above what the student would expect to incur if the
 4201  program were offered by the Florida College System institution.
 4202         (c)(d) Each proposal submitted by a Florida Community
 4203  College System institution to, at a minimum, include:
 4204         1. A description of the planning process and timeline for
 4205  implementation.
 4206         2. A justification for the proposed baccalaureate degree
 4207  program, including, at a minimum, a data-driven An analysis of
 4208  workforce demand and unmet need for graduates of the program on
 4209  a district, regional, or statewide basis, as appropriate, and
 4210  the extent to which the proposed program will meet the workforce
 4211  demand and unmet need. The analysis must include workforce and
 4212  employment data for the most recent 5 years and projections for
 4213  the next 3 years, and a summary of degree programs similar to
 4214  the proposed degree program which are currently offered by state
 4215  universities or by independent nonprofit colleges or
 4216  universities that are eligible to participate in a grant program
 4217  pursuant to s. 1009.89 and which are located in the Florida
 4218  Community College System institution’s regional service area.
 4219  The analysis must be verified by more than one third-party
 4220  professional entity that is including evidence from entities
 4221  independent of the Florida Community College System institution.
 4222  A Florida Community College System institution must submit the
 4223  justification to the State Board of Community Colleges within 90
 4224  days after forwarding the institution’s notice of intent to
 4225  propose a baccalaureate degree program. The State Board of
 4226  Community Colleges must forward the justification for the
 4227  proposed baccalaureate degree program within 10 business days
 4228  after receiving the justification to the Chancellor of the State
 4229  University System, the president of the Independent Colleges and
 4230  Universities of Florida, and the Executive Director of the
 4231  Commission for Independent Education.
 4232         3. Identification of the facilities, equipment, and library
 4233  and academic resources that will be used to deliver the program.
 4234         4. The program cost analysis of creating a new
 4235  baccalaureate degree when compared to alternative proposals and
 4236  other program delivery options.
 4237         5. The program’s admission requirements, academic content,
 4238  curriculum, faculty credentials, student-to-teacher ratios, and
 4239  accreditation plan.
 4240         6. The program’s enrollment projections and funding
 4241  requirements, including:
 4242         a. The impact of the program’s enrollment projections on
 4243  compliance with the upper-level enrollment provisions under
 4244  subsection (6); and
 4245         b. The institution’s efforts to sustain the program at the
 4246  cost of tuition and fees for students who are classified as
 4247  residents for tuition purposes under s. 1009.21, not to exceed
 4248  $10,000 for the entire degree program, including flexible
 4249  tuition and fee rates, and the use of waivers pursuant to s.
 4250  1009.26(11).
 4251         7. A plan of action if the program is terminated.
 4252         (d)(e) The State Board of Community Division of Florida
 4253  Colleges to review the proposal, notify the Florida Community
 4254  College System institution of any deficiencies in writing within
 4255  30 days following receipt of the proposal, and provide the
 4256  Florida Community College System institution with an opportunity
 4257  to correct the deficiencies. Within 45 days following receipt of
 4258  a completed proposal by the State Board of Community Division of
 4259  Florida Colleges, the Chancellor of the Florida Community
 4260  College System Commissioner of Education shall recommend
 4261  approval or disapproval of the proposal to the State Board of
 4262  Community Colleges Education. The State Board of Community
 4263  Colleges Education shall consider such recommendation, the
 4264  proposal, input from the Chancellor of the State University
 4265  System and the president of the Independent Colleges and
 4266  Universities of Florida, and any objections or alternative
 4267  proposals at its next meeting. If the State Board of Community
 4268  Colleges Education disapproves the Florida Community College
 4269  System institution’s proposal, it shall provide the Florida
 4270  Community College System institution with written reasons for
 4271  that determination.
 4272         (e)(f) The Florida Community College System institution to
 4273  obtain from the Commission on Colleges of the Southern
 4274  Association of Colleges and Schools accreditation as a
 4275  baccalaureate-degree-granting institution if approved by the
 4276  State Board of Community Colleges Education to offer its first
 4277  baccalaureate degree program.
 4278         (f)(g) The Florida Community College System institution to
 4279  notify the Commission on Colleges of the Southern Association of
 4280  Colleges and Schools of subsequent degree programs that are
 4281  approved by the State Board of Community Colleges Education and
 4282  to comply with the association’s required substantive change
 4283  protocols for accreditation purposes.
 4284         (g)(h) The Florida Community College System institution to
 4285  annually report to the State Board of Community Colleges, the
 4286  Chancellor of the State University System, and upon request of
 4287  the State Board of Education, the Commissioner of Education, the
 4288  Chancellor of the Florida College System, or the Legislature,
 4289  report its status using the following performance and compliance
 4290  indicators:
 4291         1. Obtaining and maintaining appropriate Southern
 4292  Association of Colleges and Schools accreditation;
 4293         2. Maintaining qualified faculty and institutional
 4294  resources;
 4295         3. Maintaining enrollment in previously approved programs;
 4296         4. Managing fiscal resources appropriately;
 4297         5. Complying with the primary mission and responsibility
 4298  requirements in subsections (2) and (3); and
 4299         6. Other indicators of success, including program
 4300  completions, employment and earnings outcomes, student
 4301  acceptance into and performance in graduate programs placements,
 4302  and surveys of graduates and employers; and.
 4303         7. Continuing to meet workforce demand, as provided in
 4304  subparagraph (c)2., as demonstrated through a data-driven needs
 4305  assessment by the Florida Community College System institution
 4306  which is verified by more than one third-party professional
 4307  entity that is independent of the institution.
 4308         8. Complying with the upper-level enrollment provisions
 4309  under subsection (6).
 4310  
 4311  The State Board of Community Colleges Education, upon annual
 4312  review of the baccalaureate degree program performance and
 4313  compliance indicators and needs assessment, may require a
 4314  Florida Community College System institution’s board of trustees
 4315  to modify or terminate a baccalaureate degree program authorized
 4316  under this section. If the annual review indicates negative
 4317  program performance and compliance results, and if the needs
 4318  assessment fails to demonstrate a need for the program, the
 4319  State Board of Community Colleges must require a Florida
 4320  Community College System institution’s board of trustees to
 4321  terminate that baccalaureate degree program.
 4322         (6)(a) If the 2015-2016 total upper-level, undergraduate
 4323  full-time equivalent enrollment at a Florida Community College
 4324  System institution is at or above 8 percent of the 2015-2016
 4325  combined total lower-level and upper-level full-time equivalent
 4326  enrollment at that institution, the total upper-level
 4327  enrollment, as a percentage of the combined enrollment, may not
 4328  increase by more than 2 percentage points unless the institution
 4329  obtains prior legislative approval.
 4330         (b) If the 2015-2016 total upper-level, undergraduate full
 4331  time equivalent enrollment at a Florida Community College System
 4332  institution is below 8 percent of the 2015-2016 combined total
 4333  lower-level and upper-level full-time equivalent enrollment at
 4334  that institution, the total upper-level enrollment, as a
 4335  percentage of the combined enrollment, may not increase by more
 4336  than 4 percentage points unless the institution obtains prior
 4337  legislative approval.
 4338         (c) Within the 2 percent or 4 percent growth authorized
 4339  under paragraphs (a) or (b), for any planned and purposeful
 4340  expansion of existing baccalaureate degree programs or creation
 4341  of a new baccalaureate program, a community college must
 4342  demonstrate satisfactory performance in fulfilling its primary
 4343  mission pursuant to s. 1004.65, executing at least one “2+2”
 4344  targeted pathway articulation agreement pursuant to s. 1007.23,
 4345  and meeting or exceeding the performance standards related to
 4346  on-time graduation rates under s. 1001.66 for students earning
 4347  associate of arts or baccalaureate degrees. The State Board of
 4348  Community Colleges may not approve a new baccalaureate degree
 4349  program proposal for a community college that does not meet the
 4350  conditions specified in this subsection in addition to the other
 4351  requirements for approval under this section. Each community
 4352  college that offers a baccalaureate degree must annually review
 4353  each baccalaureate degree program and annually report to the
 4354  State Board of Community Colleges, in a format prescribed by the
 4355  state board, current and projected student enrollment for such
 4356  program, justification for continuation of each baccalaureate
 4357  degree program, and a plan to comply with the upper-level
 4358  enrollment provisions of this subsection. A Florida Community
 4359  College System institution that does not comply with the
 4360  requirements of this section is subject to s. 1001.602(9) and
 4361  may not report for funding, the upper-level, undergraduate full
 4362  time equivalent enrollment that exceeds the upper-level
 4363  enrollment percent provision of this subsection.
 4364         (7)(6) The State Board of Community Colleges Education
 4365  shall adopt rules to prescribe format and content requirements
 4366  and submission procedures for notices of intent, proposals,
 4367  alternative proposals, and compliance reviews under subsection
 4368  (5).
 4369         Section 65. Subsections (1), (3), (4), and (5) of section
 4370  1008.30, Florida Statutes, are amended to read:
 4371         1008.30 Common placement testing for public postsecondary
 4372  education.—
 4373         (1) The State Board of Community Colleges Education, in
 4374  conjunction with the Board of Governors and the State Board of
 4375  Education, shall develop and implement a common placement test
 4376  for the purpose of assessing the basic computation and
 4377  communication skills of students who intend to enter a degree
 4378  program at any public postsecondary educational institution.
 4379  Alternative assessments that may be accepted in lieu of the
 4380  common placement test shall also be identified in rule. Public
 4381  postsecondary educational institutions shall provide appropriate
 4382  modifications of the test instruments or test procedures for
 4383  students with disabilities.
 4384         (3) By October 31, 2013, The State Board of Community
 4385  Colleges, in conjunction with the Board of Governors and the
 4386  State Board of Education, Education shall establish by rule the
 4387  test scores a student must achieve to demonstrate readiness to
 4388  perform college-level work, and the rules must specify the
 4389  following:
 4390         (a) A student who entered 9th grade in a Florida public
 4391  school in the 2003-2004 school year, or any year thereafter, and
 4392  earned a Florida standard high school diploma or a student who
 4393  is serving as an active duty member of any branch of the United
 4394  States Armed Services shall not be required to take the common
 4395  placement test and shall not be required to enroll in
 4396  developmental education instruction in a Florida Community
 4397  College System institution. However, a student who is not
 4398  required to take the common placement test and is not required
 4399  to enroll in developmental education under this paragraph may
 4400  opt to be assessed and to enroll in developmental education
 4401  instruction, and the college shall provide such assessment and
 4402  instruction upon the student’s request.
 4403         (b) A student who takes the common placement test and whose
 4404  score on the test indicates a need for developmental education
 4405  must be advised of all the developmental education options
 4406  offered at the institution and, after advisement, shall be
 4407  allowed to enroll in the developmental education option of his
 4408  or her choice.
 4409         (c) A student who demonstrates readiness by achieving or
 4410  exceeding the test scores established by the state board and
 4411  enrolls in a Florida Community College System institution within
 4412  2 years after achieving such scores shall not be required to
 4413  retest or complete developmental education when admitted to any
 4414  Florida Community College System institution.
 4415         (4) By December 31, 2013, The State Board of Community
 4416  Colleges Education, in consultation with the Board of Governors,
 4417  shall approve a series of meta-majors and the academic pathways
 4418  that identify the gateway courses associated with each meta
 4419  major. Florida Community College System institutions shall use
 4420  placement test results to determine the extent to which each
 4421  student demonstrates sufficient communication and computation
 4422  skills to indicate readiness for his or her chosen meta-major.
 4423  Florida Community College System institutions shall counsel
 4424  students into college credit courses as quickly as possible,
 4425  with developmental education limited to that content needed for
 4426  success in the meta-major.
 4427         (5)(a) Each Florida Community College System institution
 4428  board of trustees shall develop a plan to implement the
 4429  developmental education strategies defined in s. 1008.02 and
 4430  rules established by the State Board of Community Colleges
 4431  Education. The plan must be submitted to the Chancellor of the
 4432  Florida Community College System for approval no later than
 4433  March 1, 2014, for implementation no later than the fall
 4434  semester 2014. Each plan must include, at a minimum, local
 4435  policies that outline:
 4436         1. Documented student achievements such as grade point
 4437  averages, work history, military experience, participation in
 4438  juried competitions, career interests, degree major declaration,
 4439  or any combination of such achievements that the institution may
 4440  consider, in addition to common placement test scores, for
 4441  advising students regarding enrollment options.
 4442         2. Developmental education strategies available to
 4443  students.
 4444         3. A description of student costs and financial aid
 4445  opportunities associated with each option.
 4446         4. Provisions for the collection of student success data.
 4447         5. A comprehensive plan for advising students into
 4448  appropriate developmental education strategies based on student
 4449  success data.
 4450         (b) Beginning October 31, 2015, each Florida Community
 4451  College System institution shall annually prepare an
 4452  accountability report that includes student success data
 4453  relating to each developmental education strategy implemented by
 4454  the institution. The report shall be submitted to the State
 4455  Board of Community Division of Florida Colleges by October 31 in
 4456  a format determined by the Chancellor of the Florida Community
 4457  College System. By December 31, the chancellor shall compile and
 4458  submit the institutional reports to the Governor, the President
 4459  of the Senate, the Speaker of the House of Representatives, and
 4460  the State Board of Community Colleges and the State Board of
 4461  Education.
 4462         (c) A university board of trustees may contract with a
 4463  Florida Community College System institution board of trustees
 4464  for the Florida Community College System institution to provide
 4465  developmental education on the state university campus. Any
 4466  state university in which the percentage of incoming students
 4467  requiring developmental education equals or exceeds the average
 4468  percentage of such students for the Florida Community College
 4469  System may offer developmental education without contracting
 4470  with a Florida Community College System institution; however,
 4471  any state university offering college-preparatory instruction as
 4472  of January 1, 1996, may continue to provide such services.
 4473         Section 66. Paragraphs (d) and (e) of subsection (1) and
 4474  paragraphs (a) and (c) of subsection (3) of section 1008.31,
 4475  Florida Statutes, are amended to read:
 4476         1008.31 Florida’s K-20 education performance accountability
 4477  system; legislative intent; mission, goals, and systemwide
 4478  measures; data quality improvements.—
 4479         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4480  that:
 4481         (d) The State Board of Education, and the Board of
 4482  Governors of the State University System, and the State Board of
 4483  Community Colleges of the Florida Community College System
 4484  recommend to the Legislature systemwide performance standards;
 4485  the Legislature establish systemwide performance measures and
 4486  standards; and the systemwide measures and standards provide
 4487  Floridians with information on what the public is receiving in
 4488  return for the funds it invests in education and how well the K
 4489  20 system educates its students.
 4490         (e)1. The State Board of Education establish performance
 4491  measures and set performance standards for individual public
 4492  schools and Florida College System institutions, with measures
 4493  and standards based primarily on student achievement.
 4494         2. The Board of Governors of the State University System
 4495  establish performance measures and set performance standards for
 4496  individual state universities, including actual completion
 4497  rates.
 4498         3. The State Board of Community Colleges establish
 4499  performance measures and set performance standards for
 4500  individual Florida Community College System institutions.
 4501         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4502  data required to implement education performance accountability
 4503  measures in state and federal law, the Commissioner of Education
 4504  shall initiate and maintain strategies to improve data quality
 4505  and timeliness. The Board of Governors shall make available to
 4506  the department all data within the State University Database
 4507  System to be integrated into the K-20 data warehouse. The
 4508  commissioner shall have unlimited access to such data for the
 4509  purposes of conducting studies, reporting annual and
 4510  longitudinal student outcomes, and improving college readiness
 4511  and articulation. All public educational institutions shall
 4512  annually provide data from the prior year to the K-20 data
 4513  warehouse in a format based on data elements identified by the
 4514  commissioner.
 4515         (a) School districts and public postsecondary educational
 4516  institutions shall maintain information systems that will
 4517  provide the State Board of Education, the Board of Governors of
 4518  the State University System, the State Board of Community
 4519  Colleges of the Florida Community College System, and the
 4520  Legislature with information and reports necessary to address
 4521  the specifications of the accountability system. The level of
 4522  comprehensiveness and quality must be no less than that which
 4523  was available as of June 30, 2001.
 4524         (c) The Commissioner of Education shall determine the
 4525  standards for the required data, monitor data quality, and
 4526  measure improvements. The commissioner shall report annually to
 4527  the State Board of Education, the Board of Governors of the
 4528  State University System, the State Board of Community Colleges
 4529  of the Florida Community College System, the President of the
 4530  Senate, and the Speaker of the House of Representatives data
 4531  quality indicators and ratings for all school districts and
 4532  public postsecondary educational institutions.
 4533         Section 67. Section 1008.32, Florida Statutes, is amended
 4534  to read:
 4535         1008.32 State Board of Education oversight enforcement
 4536  authority.—The State Board of Education shall oversee the
 4537  performance of district school boards and Florida College System
 4538  institution boards of trustees in enforcement of all laws and
 4539  rules. District school boards and Florida College System
 4540  institution boards of trustees shall be primarily responsible
 4541  for compliance with law and state board rule.
 4542         (1) In order to ensure compliance with law or state board
 4543  rule, the State Board of Education shall have the authority to
 4544  request and receive information, data, and reports from school
 4545  districts and Florida College System institutions. District
 4546  school superintendents and Florida College System institution
 4547  presidents are responsible for the accuracy of the information
 4548  and data reported to the state board.
 4549         (2) The Commissioner of Education may investigate
 4550  allegations of noncompliance with law or state board rule and
 4551  determine probable cause. The commissioner shall report
 4552  determinations of probable cause to the State Board of Education
 4553  which shall require the district school board or Florida College
 4554  System institution board of trustees to document compliance with
 4555  law or state board rule.
 4556         (3) If the district school board or Florida College System
 4557  institution board of trustees cannot satisfactorily document
 4558  compliance, the State Board of Education may order compliance
 4559  within a specified timeframe.
 4560         (4) If the State Board of Education determines that a
 4561  district school board or Florida College System institution
 4562  board of trustees is unwilling or unable to comply with law or
 4563  state board rule within the specified time, the state board
 4564  shall have the authority to initiate any of the following
 4565  actions:
 4566         (a) Report to the Legislature that the school district or
 4567  Florida College System institution is unwilling or unable to
 4568  comply with law or state board rule and recommend action to be
 4569  taken by the Legislature.
 4570         (b) Withhold the transfer of state funds, discretionary
 4571  grant funds, discretionary lottery funds, or any other funds
 4572  specified as eligible for this purpose by the Legislature until
 4573  the school district or Florida College System institution
 4574  complies with the law or state board rule.
 4575         (c) Declare the school district or Florida College System
 4576  institution ineligible for competitive grants.
 4577         (d) Require monthly or periodic reporting on the situation
 4578  related to noncompliance until it is remedied.
 4579         (5) Nothing in this section shall be construed to create a
 4580  private cause of action or create any rights for individuals or
 4581  entities in addition to those provided elsewhere in law or rule.
 4582         Section 68. Paragraphs (e) and (f) of subsection (7) of
 4583  section 1008.345, Florida Statutes, are amended to read:
 4584         1008.345 Implementation of state system of school
 4585  improvement and education accountability.—
 4586         (7) As a part of the system of educational accountability,
 4587  the Department of Education shall:
 4588         (e) Maintain a listing of college-level communication and
 4589  mathematics skills associated with successful student
 4590  performance through the baccalaureate level and submit it to the
 4591  State Board of Education, and the Board of Governors, and the
 4592  State Board of Community Colleges for approval.
 4593         (f) Perform any other functions that may be involved in
 4594  educational planning, research, and evaluation or that may be
 4595  required by the commissioner, the State Board of Education, the
 4596  State Board of Community Colleges, the Board of Governors, or
 4597  law.
 4598         Section 69. Subsections (1) and (2) of section 1008.37,
 4599  Florida Statutes, are amended to read:
 4600         1008.37 Postsecondary feedback of information to high
 4601  schools.—
 4602         (1) The Commissioner of Education shall report to the State
 4603  Board of Education, the Board of Governors, the State Board of
 4604  Community Colleges, the Legislature, and the district school
 4605  boards on the performance of each first-time-in-postsecondary
 4606  education student from each public high school in this state who
 4607  is enrolled in a public postsecondary institution or public
 4608  career center. Such reports must be based on information
 4609  databases maintained by the Department of Education. In
 4610  addition, the public postsecondary educational institutions and
 4611  career centers shall provide district school boards access to
 4612  information on student performance in regular and preparatory
 4613  courses and shall indicate students referred for remediation
 4614  pursuant to s. 1004.91 or s. 1008.30.
 4615         (2) The Commissioner of Education shall report, by high
 4616  school, to the State Board of Education, the Board of Governors,
 4617  the State Board of Community Colleges, and the Legislature, no
 4618  later than November 30 of each year, on the number of prior year
 4619  Florida high school graduates who enrolled for the first time in
 4620  public postsecondary education in this state during the previous
 4621  summer, fall, or spring term, indicating the number of students
 4622  whose scores on the common placement test indicated the need for
 4623  developmental education under s. 1008.30 or for applied
 4624  academics for adult education under s. 1004.91.
 4625         Section 70. Section 1008.38, Florida Statutes, is amended
 4626  to read:
 4627         1008.38 Articulation accountability process.—The State
 4628  Board of Education, in conjunction with the Board of Governors
 4629  and the State Board of Community Colleges, shall develop
 4630  articulation accountability measures which assess the status of
 4631  systemwide articulation processes authorized under s. 1007.23
 4632  and establish an articulation accountability process which at a
 4633  minimum shall address:
 4634         (1) The impact of articulation processes on ensuring
 4635  educational continuity and the orderly and unobstructed
 4636  transition of students between public secondary and
 4637  postsecondary education systems and facilitating the transition
 4638  of students between the public and private sectors.
 4639         (2) The adequacy of preparation of public secondary
 4640  students to smoothly articulate to a public postsecondary
 4641  institution.
 4642         (3) The effectiveness of articulated acceleration
 4643  mechanisms available to secondary students.
 4644         (4) The smooth transfer of Florida Community College System
 4645  associate degree graduates to a Florida Community College System
 4646  institution or a state university.
 4647         (5) An examination of degree requirements that exceed the
 4648  parameters of 60 credit hours for an associate degree and 120
 4649  hours for a baccalaureate degree in public postsecondary
 4650  programs.
 4651         (6) The relationship between student attainment of college
 4652  level academic skills and articulation to the upper division in
 4653  public postsecondary institutions.
 4654         Section 71. Section 1008.405, Florida Statutes, is amended
 4655  to read:
 4656         1008.405 Adult student information.—Each school district
 4657  and Florida Community College System institution shall maintain
 4658  sufficient information for each student enrolled in workforce
 4659  education to allow local and state administrators to locate such
 4660  student upon the termination of instruction and to determine the
 4661  appropriateness of student placement in specific instructional
 4662  programs. The State Board of Education and the State Board of
 4663  Community Colleges shall adopt, by rule, specific information
 4664  that must be maintained and acceptable means of maintaining that
 4665  information.
 4666         Section 72. Subsection (2) of section 1008.44, Florida
 4667  Statutes, is amended to read:
 4668         1008.44 CAPE Industry Certification Funding List and CAPE
 4669  Postsecondary Industry Certification Funding List.—
 4670         (2) The State Board of Education, for school districts, and
 4671  the State Board of Community Colleges, for Florida Community
 4672  College System institutions, shall approve, at least annually,
 4673  the CAPE Postsecondary Industry Certification Funding List
 4674  pursuant to this section. The Commissioner of Education and the
 4675  Chancellor of the Florida Community College System shall
 4676  recommend, at least annually, the CAPE Postsecondary Industry
 4677  Certification Funding List to the State Board of Education and
 4678  the State Board of Community Colleges, respectively, and may at
 4679  any time recommend adding certifications. The Chancellor of the
 4680  State University System, the Chancellor of the Florida Community
 4681  College System, and the Chancellor of Career and Adult Education
 4682  shall work with local workforce boards, other postsecondary
 4683  institutions, businesses, and industry to identify, create, and
 4684  recommend to the Commissioner of Education industry
 4685  certifications to be placed on the funding list. The list shall
 4686  be used to determine annual performance funding distributions to
 4687  school districts or Florida Community College System
 4688  institutions as specified in ss. 1011.80 and 1011.81,
 4689  respectively. The chancellors shall review results of the
 4690  economic security report of employment and earning outcomes
 4691  produced annually pursuant to s. 445.07 when determining
 4692  recommended certifications for the list, as well as other
 4693  reports and indicators available regarding certification needs.
 4694         Section 73. Section 1008.45, Florida Statutes, is amended
 4695  to read:
 4696         1008.45 Florida Community College System institution
 4697  accountability process.—
 4698         (1) It is the intent of the Legislature that a management
 4699  and accountability process be implemented which provides for the
 4700  systematic, ongoing improvement and assessment of the
 4701  improvement of the quality and efficiency of the Florida
 4702  Community College System institutions. Accordingly, the State
 4703  Board of Community Colleges Education and the Florida Community
 4704  College System institution boards of trustees shall develop and
 4705  implement an accountability plan to improve and evaluate the
 4706  instructional and administrative efficiency and effectiveness of
 4707  the Florida Community College System. This plan shall be
 4708  designed in consultation with staff of the Governor and the
 4709  Legislature and must address the following issues:
 4710         (a) Graduation rates of A.A. and A.S. degree-seeking
 4711  students compared to first-time-enrolled students seeking the
 4712  associate degree.
 4713         (b) Minority student enrollment and retention rates.
 4714         (c) Student performance, including student performance in
 4715  college-level academic skills, mean grade point averages for
 4716  Florida Community College System institution A.A. transfer
 4717  students, and Florida Community College System institution
 4718  student performance on state licensure examinations.
 4719         (d) Job placement rates of Florida Community College System
 4720  institution career students.
 4721         (e) Student progression by admission status and program.
 4722         (f) Career accountability standards identified in s.
 4723  1008.42.
 4724         (g) Institutional assessment efforts related to the
 4725  requirements of s. III in the Criteria for Accreditation of the
 4726  Commission on Colleges of the Southern Association of Colleges
 4727  and Schools.
 4728         (h) Other measures approved by the State Board of Community
 4729  Colleges Education.
 4730         (2) The State Board of Community Colleges Education shall
 4731  submit an annual report, to coincide with the submission of the
 4732  state board’s agency strategic plan required by law, providing
 4733  the results of initiatives taken during the prior year and the
 4734  initiatives and related objective performance measures proposed
 4735  for the next year.
 4736         (3) The State Board of Community Colleges Education shall
 4737  address within the annual evaluation of the performance of the
 4738  chancellor executive director, and the Florida Community College
 4739  System institution boards of trustees shall address within the
 4740  annual evaluation of the presidents, the achievement of the
 4741  performance goals established by the accountability process.
 4742         Section 74. Section 1009.21, Florida Statutes, is amended
 4743  to read:
 4744         1009.21 Determination of resident status for tuition
 4745  purposes.—Students shall be classified as residents or
 4746  nonresidents for the purpose of assessing tuition in
 4747  postsecondary educational programs offered by charter technical
 4748  career centers or career centers operated by school districts,
 4749  in Florida Community College System institutions, and in state
 4750  universities.
 4751         (1) As used in this section, the term:
 4752         (a) “Dependent child” means any person, whether or not
 4753  living with his or her parent, who is eligible to be claimed by
 4754  his or her parent as a dependent under the federal income tax
 4755  code.
 4756         (b) “Initial enrollment” means the first day of class at an
 4757  institution of higher education.
 4758         (c) “Institution of higher education” means any charter
 4759  technical career center as defined in s. 1002.34, career center
 4760  operated by a school district as defined in s. 1001.44, Florida
 4761  Community College System institution as defined in s.
 4762  1000.21(3), or state university as defined in s. 1000.21(6).
 4763         (d) “Legal resident” or “resident” means a person who has
 4764  maintained his or her residence in this state for the preceding
 4765  year, has purchased a home which is occupied by him or her as
 4766  his or her residence, or has established a domicile in this
 4767  state pursuant to s. 222.17.
 4768         (e) “Nonresident for tuition purposes” means a person who
 4769  does not qualify for the in-state tuition rate.
 4770         (f) “Parent” means either or both parents of a student, any
 4771  guardian of a student, or any person in a parental relationship
 4772  to a student.
 4773         (g) “Resident for tuition purposes” means a person who
 4774  qualifies as provided in this section for the in-state tuition
 4775  rate.
 4776         (2)(a) To qualify as a resident for tuition purposes:
 4777         1. A person or, if that person is a dependent child, his or
 4778  her parent or parents must have established legal residence in
 4779  this state and must have maintained legal residence in this
 4780  state for at least 12 consecutive months immediately prior to
 4781  his or her initial enrollment in an institution of higher
 4782  education.
 4783         2. Every applicant for admission to an institution of
 4784  higher education shall be required to make a statement as to his
 4785  or her length of residence in the state and, further, shall
 4786  establish that his or her presence or, if the applicant is a
 4787  dependent child, the presence of his or her parent or parents in
 4788  the state currently is, and during the requisite 12-month
 4789  qualifying period was, for the purpose of maintaining a bona
 4790  fide domicile, rather than for the purpose of maintaining a mere
 4791  temporary residence or abode incident to enrollment in an
 4792  institution of higher education.
 4793         (b) However, with respect to a dependent child living with
 4794  an adult relative other than the child’s parent, such child may
 4795  qualify as a resident for tuition purposes if the adult relative
 4796  is a legal resident who has maintained legal residence in this
 4797  state for at least 12 consecutive months immediately before the
 4798  child’s initial enrollment in an institution of higher
 4799  education, provided the child has resided continuously with such
 4800  relative for the 3 years immediately before the child’s initial
 4801  enrollment in an institution of higher education, during which
 4802  time the adult relative has exercised day-to-day care,
 4803  supervision, and control of the child.
 4804         (c) The legal residence of a dependent child whose parents
 4805  are divorced, separated, or otherwise living apart will be
 4806  deemed to be this state if either parent is a legal resident of
 4807  this state, regardless of which parent is entitled to claim, and
 4808  does in fact claim, the minor as a dependent pursuant to federal
 4809  individual income tax provisions.
 4810         (d) A dependent child who is a United States citizen may
 4811  not be denied classification as a resident for tuition purposes
 4812  based solely upon the immigration status of his or her parent.
 4813         (3)(a) An individual shall not be classified as a resident
 4814  for tuition purposes and, thus, shall not be eligible to receive
 4815  the in-state tuition rate until he or she has provided such
 4816  evidence related to legal residence and its duration or, if that
 4817  individual is a dependent child, evidence of his or her parent’s
 4818  legal residence and its duration, as may be required by law and
 4819  by officials of the institution of higher education from which
 4820  he or she seeks the in-state tuition rate.
 4821         (b) Except as otherwise provided in this section, evidence
 4822  of legal residence and its duration shall include clear and
 4823  convincing documentation that residency in this state was for a
 4824  minimum of 12 consecutive months prior to a student’s initial
 4825  enrollment in an institution of higher education.
 4826         (c) Each institution of higher education shall
 4827  affirmatively determine that an applicant who has been granted
 4828  admission to that institution as a Florida resident meets the
 4829  residency requirements of this section at the time of initial
 4830  enrollment. The residency determination must be documented by
 4831  the submission of written or electronic verification that
 4832  includes two or more of the documents identified in this
 4833  paragraph. No single piece of evidence shall be conclusive.
 4834         1. The documents must include at least one of the
 4835  following:
 4836         a. A Florida voter’s registration card.
 4837         b. A Florida driver license.
 4838         c. A State of Florida identification card.
 4839         d. A Florida vehicle registration.
 4840         e. Proof of a permanent home in Florida which is occupied
 4841  as a primary residence by the individual or by the individual’s
 4842  parent if the individual is a dependent child.
 4843         f. Proof of a homestead exemption in Florida.
 4844         g. Transcripts from a Florida high school for multiple
 4845  years if the Florida high school diploma or high school
 4846  equivalency diploma was earned within the last 12 months.
 4847         h. Proof of permanent full-time employment in Florida for
 4848  at least 30 hours per week for a 12-month period.
 4849         2. The documents may include one or more of the following:
 4850         a. A declaration of domicile in Florida.
 4851         b. A Florida professional or occupational license.
 4852         c. Florida incorporation.
 4853         d. A document evidencing family ties in Florida.
 4854         e. Proof of membership in a Florida-based charitable or
 4855  professional organization.
 4856         f. Any other documentation that supports the student’s
 4857  request for resident status, including, but not limited to,
 4858  utility bills and proof of 12 consecutive months of payments; a
 4859  lease agreement and proof of 12 consecutive months of payments;
 4860  or an official state, federal, or court document evidencing
 4861  legal ties to Florida.
 4862         (4) With respect to a dependent child, the legal residence
 4863  of the dependent child’s parent or parents is prima facie
 4864  evidence of the dependent child’s legal residence, which
 4865  evidence may be reinforced or rebutted, relative to the age and
 4866  general circumstances of the dependent child, by the other
 4867  evidence of legal residence required of or presented by the
 4868  dependent child. However, the legal residence of a dependent
 4869  child’s parent or parents who are domiciled outside this state
 4870  is not prima facie evidence of the dependent child’s legal
 4871  residence if that dependent child has lived in this state for 5
 4872  consecutive years prior to enrolling or reregistering at the
 4873  institution of higher education at which resident status for
 4874  tuition purposes is sought.
 4875         (5) A person who physically resides in this state may be
 4876  classified as a resident for tuition purposes if he or she
 4877  marries a person who meets the 12-month residency requirement
 4878  under subsection (2) and who is a legal resident of this state.
 4879         (6)(a) Except as otherwise provided in this section, a
 4880  person who is classified as a nonresident for tuition purposes
 4881  may become eligible for reclassification as a resident for
 4882  tuition purposes if that person or, if that person is a
 4883  dependent child, his or her parent presents clear and convincing
 4884  documentation that supports permanent legal residency in this
 4885  state for at least 12 consecutive months rather than temporary
 4886  residency for the purpose of pursuing an education, such as
 4887  documentation of full-time permanent employment for the prior 12
 4888  months or the purchase of a home in this state and residence
 4889  therein for the prior 12 months while not enrolled in an
 4890  institution of higher education.
 4891         (b) If a person who is a dependent child and his or her
 4892  parent move to this state while such child is a high school
 4893  student and the child graduates from a high school in this
 4894  state, the child may become eligible for reclassification as a
 4895  resident for tuition purposes when the parent submits evidence
 4896  that the parent qualifies for permanent residency.
 4897         (c) If a person who is a dependent child and his or her
 4898  parent move to this state after such child graduates from high
 4899  school, the child may become eligible for reclassification as a
 4900  resident for tuition purposes after the parent submits evidence
 4901  that he or she has established legal residence in the state and
 4902  has maintained legal residence in the state for at least 12
 4903  consecutive months.
 4904         (d) A person who is classified as a nonresident for tuition
 4905  purposes and who marries a legal resident of the state or
 4906  marries a person who becomes a legal resident of the state may,
 4907  upon becoming a legal resident of the state, become eligible for
 4908  reclassification as a resident for tuition purposes upon
 4909  submitting evidence of his or her own legal residency in the
 4910  state, evidence of his or her marriage to a person who is a
 4911  legal resident of the state, and evidence of the spouse’s legal
 4912  residence in the state for at least 12 consecutive months
 4913  immediately preceding the application for reclassification.
 4914         (7) A person shall not lose his or her resident status for
 4915  tuition purposes solely by reason of serving, or, if such person
 4916  is a dependent child, by reason of his or her parent’s or
 4917  parents’ serving, in the Armed Forces outside this state.
 4918         (8) A person who has been properly classified as a resident
 4919  for tuition purposes but who, while enrolled in an institution
 4920  of higher education in this state, loses his or her resident
 4921  tuition status because the person or, if he or she is a
 4922  dependent child, the person’s parent or parents establish
 4923  domicile or legal residence elsewhere shall continue to enjoy
 4924  the in-state tuition rate for a statutory grace period, which
 4925  period shall be measured from the date on which the
 4926  circumstances arose that culminated in the loss of resident
 4927  tuition status and shall continue for 12 months. However, if the
 4928  12-month grace period ends during a semester or academic term
 4929  for which such former resident is enrolled, such grace period
 4930  shall be extended to the end of that semester or academic term.
 4931         (9) Any person who ceases to be enrolled at or who
 4932  graduates from an institution of higher education while
 4933  classified as a resident for tuition purposes and who
 4934  subsequently abandons his or her domicile in this state shall be
 4935  permitted to reenroll at an institution of higher education in
 4936  this state as a resident for tuition purposes without the
 4937  necessity of meeting the 12-month durational requirement of this
 4938  section if that person has reestablished his or her domicile in
 4939  this state within 12 months of such abandonment and continuously
 4940  maintains the reestablished domicile during the period of
 4941  enrollment. The benefit of this subsection shall not be accorded
 4942  more than once to any one person.
 4943         (10) The following persons shall be classified as residents
 4944  for tuition purposes:
 4945         (a) Active duty members of the Armed Services of the United
 4946  States residing or stationed in this state, their spouses, and
 4947  dependent children, and active drilling members of the Florida
 4948  National Guard.
 4949         (b) Active duty members of the Armed Services of the United
 4950  States and their spouses and dependents attending a Florida
 4951  Community College System institution or state university within
 4952  50 miles of the military establishment where they are stationed,
 4953  if such military establishment is within a county contiguous to
 4954  Florida.
 4955         (c) United States citizens living on the Isthmus of Panama,
 4956  who have completed 12 consecutive months of college work at the
 4957  Florida State University Panama Canal Branch, and their spouses
 4958  and dependent children.
 4959         (d) Full-time instructional and administrative personnel
 4960  employed by state public schools and institutions of higher
 4961  education and their spouses and dependent children.
 4962         (e) Students from Latin America and the Caribbean who
 4963  receive scholarships from the federal or state government. Any
 4964  student classified pursuant to this paragraph shall attend, on a
 4965  full-time basis, a Florida institution of higher education.
 4966         (f) Southern Regional Education Board’s Academic Common
 4967  Market graduate students attending Florida’s state universities.
 4968         (g) Full-time employees of state agencies or political
 4969  subdivisions of the state when the student fees are paid by the
 4970  state agency or political subdivision for the purpose of job
 4971  related law enforcement or corrections training.
 4972         (h) McKnight Doctoral Fellows and Finalists who are United
 4973  States citizens.
 4974         (i) United States citizens living outside the United States
 4975  who are teaching at a Department of Defense Dependent School or
 4976  in an American International School and who enroll in a graduate
 4977  level education program which leads to a Florida teaching
 4978  certificate.
 4979         (j) Active duty members of the Canadian military residing
 4980  or stationed in this state under the North American Air Defense
 4981  (NORAD) agreement, and their spouses and dependent children,
 4982  attending a Florida Community College System institution or
 4983  state university within 50 miles of the military establishment
 4984  where they are stationed.
 4985         (k) Active duty members of a foreign nation’s military who
 4986  are serving as liaison officers and are residing or stationed in
 4987  this state, and their spouses and dependent children, attending
 4988  a Florida Community College System institution or state
 4989  university within 50 miles of the military establishment where
 4990  the foreign liaison officer is stationed.
 4991         (11) Once a student has been classified as a resident for
 4992  tuition purposes, an institution of higher education to which
 4993  the student transfers is not required to reevaluate the
 4994  classification unless inconsistent information suggests that an
 4995  erroneous classification was made or the student’s situation has
 4996  changed. However, the student must have attended the institution
 4997  making the initial classification within the prior 12 months,
 4998  and the residency classification must be noted on the student’s
 4999  transcript. The Higher Education Coordinating Council shall
 5000  consider issues related to residency determinations and make
 5001  recommendations relating to efficiency and effectiveness of
 5002  current law.
 5003         (12) Each institution of higher education shall establish a
 5004  residency appeal committee comprised of at least three members
 5005  to consider student appeals of residency determinations, in
 5006  accordance with the institution’s official appeal process. The
 5007  residency appeal committee must render to the student the final
 5008  residency determination in writing. The institution must advise
 5009  the student of the reasons for the determination.
 5010         (13) The State Board of Education, and the Board of
 5011  Governors, and the State Board of Community Colleges shall adopt
 5012  rules to implement this section.
 5013         Section 75. Paragraph (e) of subsection (3) of section
 5014  1009.22, Florida Statutes, is amended to read:
 5015         1009.22 Workforce education postsecondary student fees.—
 5016         (3)
 5017         (e) The State Board of Education and the State Board of
 5018  Community Colleges may adopt, by rule, the definitions and
 5019  procedures that district school boards and Florida Community
 5020  College System institution boards of trustees shall use in the
 5021  calculation of cost borne by students.
 5022         Section 76. Section 1009.23, Florida Statutes, is amended
 5023  to read:
 5024         1009.23 Florida Community College System institution
 5025  student fees.—
 5026         (1) Unless otherwise provided, this section applies only to
 5027  fees charged for college credit instruction leading to an
 5028  associate in arts degree, an associate in applied science
 5029  degree, an associate in science degree, or a baccalaureate
 5030  degree authorized pursuant to s. 1007.33, for noncollege credit
 5031  developmental education defined in s. 1004.02, and for educator
 5032  preparation institute programs defined in s. 1004.85.
 5033         (2)(a) All students shall be charged fees except students
 5034  who are exempt from fees or students whose fees are waived.
 5035         (b) Tuition and out-of-state fees for upper-division
 5036  courses must reflect the fact that the Florida Community College
 5037  System institution has a less expensive cost structure than that
 5038  of a state university. Therefore, the board of trustees shall
 5039  establish tuition and out-of-state fees for upper-division
 5040  courses in baccalaureate degree programs approved pursuant to s.
 5041  1007.33 consistent with law and proviso language in the General
 5042  Appropriations Act. However, the board of trustees may vary
 5043  tuition and out-of-state fees only as provided in subsection (6)
 5044  and s. 1009.26(11).
 5045         (3)(a) Effective July 1, 2014, for advanced and
 5046  professional, postsecondary vocational, developmental education,
 5047  and educator preparation institute programs, the standard
 5048  tuition shall be $71.98 per credit hour for residents and
 5049  nonresidents, and the out-of-state fee shall be $215.94 per
 5050  credit hour.
 5051         (b) Effective July 1, 2014, for baccalaureate degree
 5052  programs, the following tuition and fee rates shall apply:
 5053         1. The tuition shall be $91.79 per credit hour for students
 5054  who are residents for tuition purposes.
 5055         2. The sum of the tuition and he out-of-state fee per
 5056  credit hour for students who are nonresidents for tuition
 5057  purposes shall be no more than 85 percent of the sum of the
 5058  tuition and the out-of-state fee at the state university nearest
 5059  the Florida Community College System institution.
 5060         (4) Each Florida Community College System institution board
 5061  of trustees shall establish tuition and out-of-state fees, which
 5062  may vary no more than 10 percent below and 15 percent above the
 5063  combined total of the standard tuition and fees established in
 5064  subsection (3).
 5065         (5) Except as otherwise provided in law, the sum of
 5066  nonresident student tuition and out-of-state fees must be
 5067  sufficient to defray the full cost of each program.
 5068         (6)(a) A Florida Community College System institution board
 5069  of trustees that has a service area that borders another state
 5070  may implement a plan for a differential out-of-state fee.
 5071         (b) A Florida Community College System institution board of
 5072  trustees may establish a differential out-of-state fee for a
 5073  student who has been determined to be a nonresident for tuition
 5074  purposes pursuant to s. 1009.21 and is enrolled in a distance
 5075  learning course offered by the institution. A differential out
 5076  of-state fee established pursuant to this paragraph shall be
 5077  applicable only to distance learning courses and must be
 5078  established such that the sum of tuition and the differential
 5079  out-of-state fee is sufficient to defray the full cost of
 5080  instruction.
 5081         (7) Each Florida Community College System institution board
 5082  of trustees may establish a separate activity and service fee
 5083  not to exceed 10 percent of the tuition fee, according to rules
 5084  of the State Board of Community Colleges Education. The student
 5085  activity and service fee shall be collected as a component part
 5086  of the tuition and fees. The student activity and service fees
 5087  shall be paid into a student activity and service fund at the
 5088  Florida Community College System institution and shall be
 5089  expended for lawful purposes to benefit the student body in
 5090  general. These purposes include, but are not limited to, student
 5091  publications and grants to duly recognized student
 5092  organizations, the membership of which is open to all students
 5093  at the Florida Community College System institution without
 5094  regard to race, sex, or religion. No Florida Community College
 5095  System institution shall be required to lower any activity and
 5096  service fee approved by the board of trustees of the Florida
 5097  Community College System institution and in effect prior to
 5098  October 26, 2007, in order to comply with the provisions of this
 5099  subsection.
 5100         (8)(a) Each Florida Community College System institution
 5101  board of trustees is authorized to establish a separate fee for
 5102  financial aid purposes in an additional amount up to, but not to
 5103  exceed, 5 percent of the total student tuition or out-of-state
 5104  fees collected. Each Florida Community College System
 5105  institution board of trustees may collect up to an additional 2
 5106  percent if the amount generated by the total financial aid fee
 5107  is less than $500,000. If the amount generated is less than
 5108  $500,000, a Florida Community College System institution that
 5109  charges tuition and out-of-state fees at least equal to the
 5110  average fees established by rule may transfer from the general
 5111  current fund to the scholarship fund an amount equal to the
 5112  difference between $500,000 and the amount generated by the
 5113  total financial aid fee assessment. No other transfer from the
 5114  general current fund to the loan, endowment, or scholarship
 5115  fund, by whatever name known, is authorized.
 5116         (b) All funds collected under this program shall be placed
 5117  in the loan and endowment fund or scholarship fund of the
 5118  college, by whatever name known. Such funds shall be disbursed
 5119  to students as quickly as possible. An amount not greater than
 5120  40 percent of the fees collected in a fiscal year may be carried
 5121  forward unexpended to the following fiscal year. However, funds
 5122  collected prior to July 1, 1989, and placed in an endowment fund
 5123  may not be considered part of the balance of funds carried
 5124  forward unexpended to the following fiscal year.
 5125         (c) Up to 25 percent or $600,000, whichever is greater, of
 5126  the financial aid fees collected may be used to assist students
 5127  who demonstrate academic merit; who participate in athletics,
 5128  public service, cultural arts, and other extracurricular
 5129  programs as determined by the institution; or who are identified
 5130  as members of a targeted gender or ethnic minority population.
 5131  The financial aid fee revenues allocated for athletic
 5132  scholarships and any fee exemptions provided to athletes
 5133  pursuant to s. 1009.25(2) must be distributed equitably as
 5134  required by s. 1000.05(3)(d). A minimum of 75 percent of the
 5135  balance of these funds for new awards shall be used to provide
 5136  financial aid based on absolute need, and the remainder of the
 5137  funds shall be used for academic merit purposes and other
 5138  purposes approved by the boards of trustees. Such other purposes
 5139  shall include the payment of child care fees for students with
 5140  financial need. The State Board of Education shall develop
 5141  criteria for making financial aid awards. Each college shall
 5142  report annually to the Department of Education on the revenue
 5143  collected pursuant to this paragraph, the amount carried
 5144  forward, the criteria used to make awards, the amount and number
 5145  of awards for each criterion, and a delineation of the
 5146  distribution of such awards. The report shall include an
 5147  assessment by category of the financial need of every student
 5148  who receives an award, regardless of the purpose for which the
 5149  award is received. Awards that are based on financial need shall
 5150  be distributed in accordance with a nationally recognized system
 5151  of need analysis approved by the State Board of Education. An
 5152  award for academic merit requires a minimum overall grade point
 5153  average of 3.0 on a 4.0 scale or the equivalent for both initial
 5154  receipt of the award and renewal of the award.
 5155         (d) These funds may not be used for direct or indirect
 5156  administrative purposes or salaries.
 5157         (9) Any Florida Community College System institution that
 5158  reports students who have not paid fees in an approved manner in
 5159  calculations of full-time equivalent enrollments for state
 5160  funding purposes shall be penalized at a rate equal to two times
 5161  the value of such enrollments. Such penalty shall be charged
 5162  against the following year’s allocation from the Florida
 5163  Community College System Program Fund and shall revert to the
 5164  General Revenue Fund.
 5165         (10) Each Florida Community College System institution
 5166  board of trustees is authorized to establish a separate fee for
 5167  technology, which may not exceed 5 percent of tuition per credit
 5168  hour or credit-hour equivalent for resident students and may not
 5169  exceed 5 percent of tuition and the out-of-state fee per credit
 5170  hour or credit-hour equivalent for nonresident students.
 5171  Revenues generated from the technology fee shall be used to
 5172  enhance instructional technology resources for students and
 5173  faculty. The technology fee may apply to both college credit and
 5174  developmental education and shall not be included in any award
 5175  under the Florida Bright Futures Scholarship Program. Fifty
 5176  percent of technology fee revenues may be pledged by a Florida
 5177  Community College System institution board of trustees as a
 5178  dedicated revenue source for the repayment of debt, including
 5179  lease-purchase agreements, not to exceed the useful life of the
 5180  asset being financed. Revenues generated from the technology fee
 5181  may not be bonded.
 5182         (11)(a) Each Florida Community College System institution
 5183  board of trustees may establish a separate fee for capital
 5184  improvements, technology enhancements, equipping student
 5185  buildings, or the acquisition of improved real property which
 5186  may not exceed 20 percent of tuition for resident students or 20
 5187  percent of the sum of tuition and out-of-state fees for
 5188  nonresident students. The fee for resident students shall be
 5189  limited to an increase of $2 per credit hour over the prior
 5190  year. Funds collected by Florida Community College System
 5191  institutions through the fee may be bonded only as provided in
 5192  this subsection for the purpose of financing or refinancing new
 5193  construction and equipment, renovation, remodeling of
 5194  educational facilities, or the acquisition and renovation or
 5195  remodeling of improved real property for use as educational
 5196  facilities. The fee shall be collected as a component part of
 5197  the tuition and fees, paid into a separate account, and expended
 5198  only to acquire improved real property or construct and equip,
 5199  maintain, improve, or enhance the educational facilities of the
 5200  Florida Community College System institution. Projects and
 5201  acquisitions of improved real property funded through the use of
 5202  the capital improvement fee shall meet the survey and
 5203  construction requirements of chapter 1013. Pursuant to s.
 5204  216.0158, each Florida Community College System institution
 5205  shall identify each project, including maintenance projects,
 5206  proposed to be funded in whole or in part by such fee.
 5207         (b) Capital improvement fee revenues may be pledged by a
 5208  board of trustees as a dedicated revenue source to the repayment
 5209  of debt, including lease-purchase agreements, with an overall
 5210  term of not more than 7 years, including renewals, extensions,
 5211  and refundings, and revenue bonds with a term not exceeding 20
 5212  annual maturities and not exceeding the useful life of the asset
 5213  being financed, only for financing or refinancing of the new
 5214  construction and equipment, renovation, or remodeling of
 5215  educational facilities. Bonds authorized pursuant to this
 5216  subsection shall be requested by the Florida Community College
 5217  System institution board of trustees and shall be issued by the
 5218  Division of Bond Finance in compliance with s. 11(d), Art. VII
 5219  of the State Constitution and the State Bond Act. The Division
 5220  of Bond Finance may pledge fees collected by one or more Florida
 5221  Community College System institutions to secure such bonds. Any
 5222  project included in the approved educational plant survey
 5223  pursuant to chapter 1013 is approved pursuant to s. 11(f), Art.
 5224  VII of the State Constitution.
 5225         (c) Bonds issued pursuant to this subsection may be
 5226  validated in the manner provided by chapter 75. Only the initial
 5227  series of bonds is required to be validated. The complaint for
 5228  such validation shall be filed in the circuit court of the
 5229  county where the seat of state government is situated, the
 5230  notice required to be published by s. 75.06 shall be published
 5231  only in the county where the complaint is filed, and the
 5232  complaint and order of the circuit court shall be served only on
 5233  the state attorney of the circuit in which the action is
 5234  pending.
 5235         (d) A maximum of 15 percent may be allocated from the
 5236  capital improvement fee for child care centers conducted by the
 5237  Florida Community College System institution. The use of capital
 5238  improvement fees for such purpose shall be subordinate to the
 5239  payment of any bonds secured by the fees.
 5240         (e) The state does hereby covenant with the holders of the
 5241  bonds issued under this subsection that it will not take any
 5242  action that will materially and adversely affect the rights of
 5243  such holders so long as the bonds authorized by this subsection
 5244  are outstanding.
 5245         (12)(a) In addition to tuition, out-of-state, financial
 5246  aid, capital improvement, student activity and service, and
 5247  technology fees authorized in this section, each Florida
 5248  Community College System institution board of trustees is
 5249  authorized to establish fee schedules for the following user
 5250  fees and fines: laboratory fees, which do not apply to a
 5251  distance learning course; parking fees and fines; library fees
 5252  and fines; fees and fines relating to facilities and equipment
 5253  use or damage; access or identification card fees; duplicating,
 5254  photocopying, binding, or microfilming fees; standardized
 5255  testing fees; diploma replacement fees; transcript fees;
 5256  application fees; graduation fees; and late fees related to
 5257  registration and payment. Such user fees and fines shall not
 5258  exceed the cost of the services provided and shall only be
 5259  charged to persons receiving the service. A Florida Community
 5260  College System institution may not charge any fee except as
 5261  authorized by law. Parking fee revenues may be pledged by a
 5262  Florida Community College System institution board of trustees
 5263  as a dedicated revenue source for the repayment of debt,
 5264  including lease-purchase agreements, with an overall term of not
 5265  more than 7 years, including renewals, extensions, and
 5266  refundings, and revenue bonds with a term not exceeding 20 years
 5267  and not exceeding the useful life of the asset being financed.
 5268  Florida Community College System institutions shall use the
 5269  services of the Division of Bond Finance of the State Board of
 5270  Administration to issue any revenue bonds authorized by this
 5271  subsection. Any such bonds issued by the Division of Bond
 5272  Finance shall be in compliance with the provisions of the State
 5273  Bond Act. Bonds issued pursuant to the State Bond Act may be
 5274  validated in the manner established in chapter 75. The complaint
 5275  for such validation shall be filed in the circuit court of the
 5276  county where the seat of state government is situated, the
 5277  notice required to be published by s. 75.06 shall be published
 5278  only in the county where the complaint is filed, and the
 5279  complaint and order of the circuit court shall be served only on
 5280  the state attorney of the circuit in which the action is
 5281  pending.
 5282         (b) The State Board of Community Colleges Education may
 5283  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
 5284  this subsection.
 5285         (13) The State Board of Community Colleges Education shall
 5286  specify, as necessary, by rule, approved methods of student fee
 5287  payment. Such methods shall include, but not be limited to,
 5288  student fee payment; payment through federal, state, or
 5289  institutional financial aid; and employer fee payments.
 5290         (14) Each Florida Community College System institution
 5291  board of trustees shall report only those students who have
 5292  actually enrolled in instruction provided or supervised by
 5293  instructional personnel under contract with the Florida
 5294  Community College System institution in calculations of actual
 5295  full-time equivalent enrollments for state funding purposes. No
 5296  student who has been exempted from taking a course or who has
 5297  been granted academic or career credit through means other than
 5298  actual coursework completed at the granting institution shall be
 5299  calculated for enrollment in the course from which he or she has
 5300  been exempted or granted credit. Florida Community College
 5301  System institutions that report enrollments in violation of this
 5302  subsection shall be penalized at a rate equal to two times the
 5303  value of such enrollments. Such penalty shall be charged against
 5304  the following year’s allocation from the Florida Community
 5305  College System Program Fund and shall revert to the General
 5306  Revenue Fund.
 5307         (15) Each Florida Community College System institution may
 5308  assess a service charge for the payment of tuition and fees in
 5309  installments and a convenience fee for the processing of
 5310  automated or online credit card payments. However, the amount of
 5311  the convenience fee may not exceed the total cost charged by the
 5312  credit card company to the Florida Community College System
 5313  institution. Such service charge or convenience fee must be
 5314  approved by the Florida Community College System institution
 5315  board of trustees.
 5316         (16)(a) Each Florida Community College System institution
 5317  may assess a student who enrolls in a course listed in the
 5318  distance learning catalog, established pursuant to s. 1006.735,
 5319  a per-credit-hour distance learning course user fee. For
 5320  purposes of assessing this fee, a distance learning course is a
 5321  course in which at least 80 percent of the direct instruction of
 5322  the course is delivered using some form of technology when the
 5323  student and instructor are separated by time or space, or both.
 5324         (b) The amount of the distance learning course user fee may
 5325  not exceed the additional costs of the services provided which
 5326  are attributable to the development and delivery of the distance
 5327  learning course. If a Florida Community College System
 5328  institution assesses the distance learning course user fee, the
 5329  institution may not assess any other fees to cover the
 5330  additional costs. By September 1 of each year, each board of
 5331  trustees shall report to the State Board of Community Colleges
 5332  Division of Florida Colleges the total amount of revenue
 5333  generated by the distance learning course user fee for the prior
 5334  fiscal year and how the revenue was expended.
 5335         (c) If an institution assesses the distance learning fee,
 5336  the institution must provide a link to the catalog within the
 5337  advising and distance learning sections of the institution’s
 5338  website, using a graphic and description provided by the
 5339  Complete Florida Plus Program, to inform students of the
 5340  catalog.
 5341         (17) Each Florida Community College System institution that
 5342  accepts transient students, pursuant to s. 1006.735, may
 5343  establish a transient student fee not to exceed $5 per course
 5344  for processing the transient student admissions application.
 5345         (18)(a) The Board of Trustees of Santa Fe College may
 5346  establish a transportation access fee. Revenue from the fee may
 5347  be used only to provide or improve access to transportation
 5348  services for students enrolled at Santa Fe College. The fee may
 5349  not exceed $6 per credit hour. An increase in the transportation
 5350  access fee may occur only once each fiscal year and must be
 5351  implemented beginning with the fall term. A referendum must be
 5352  held by the student government to approve the application of the
 5353  fee.
 5354         (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536,
 5355  the transportation access fee authorized under paragraph (a) may
 5356  not be included in calculating the amount a student receives for
 5357  a Florida Academic Scholars award, a Florida Medallion Scholars
 5358  award, or a Florida Gold Seal Vocational Scholars award.
 5359         (19) The State Board of Community Colleges Education shall
 5360  adopt a rule specifying the definitions and procedures to be
 5361  used in the calculation of the percentage of cost paid by
 5362  students. The rule must provide for the calculation of the full
 5363  cost of educational programs based on the allocation of all
 5364  funds provided through the general current fund to programs of
 5365  instruction, and other activities as provided in the annual
 5366  expenditure analysis. The rule shall be developed in
 5367  consultation with the Legislature.
 5368         (20) Each Florida Community College System institution
 5369  shall publicly notice and notify all enrolled students of any
 5370  proposal to increase tuition or fees at least 28 days before its
 5371  consideration at a board of trustees meeting. The notice must:
 5372         (a) Include the date and time of the meeting at which the
 5373  proposal will be considered.
 5374         (b) Specifically outline the details of existing tuition
 5375  and fees, the rationale for the proposed increase, and how the
 5376  funds from the proposed increase will be used.
 5377         (c) Be posted on the institution’s website and issued in a
 5378  press release.
 5379         Section 77. Subsection (2) of section 1009.25, Florida
 5380  Statutes, is amended to read:
 5381         1009.25 Fee exemptions.—
 5382         (2) Each Florida Community College System institution is
 5383  authorized to grant student fee exemptions from all fees adopted
 5384  by the State Board of Community Colleges Education and the
 5385  Florida Community College System institution board of trustees
 5386  for up to 54 full-time equivalent students or 1 percent of the
 5387  institution’s total full-time equivalent enrollment, whichever
 5388  is greater, at each institution.
 5389         Section 78. Paragraph (b) of subsection (12), paragraphs
 5390  (c) and (d) of subsection (13), and paragraph (d) of subsection
 5391  (14) of section 1009.26, Florida Statutes, are amended, to read:
 5392         1009.26 Fee waivers.—
 5393         (12) 
 5394         (b) Tuition and fees charged to a student who qualifies for
 5395  the out-of-state fee waiver under this subsection may not exceed
 5396  the tuition and fees charged to a resident student. The waiver
 5397  is applicable for 110 percent of the required credit hours of
 5398  the degree or certificate program for which the student is
 5399  enrolled. Each state university, Florida Community College
 5400  System institution, career center operated by a school district
 5401  under s. 1001.44, and charter technical career center shall
 5402  report to the Board of Governors, the State Board of Community
 5403  Colleges, and the State Board of Education, respectively, the
 5404  number and value of all fee waivers granted annually under this
 5405  subsection. By October 1 of each year, the Board of Governors,
 5406  for the state universities; and the State Board of Community
 5407  Colleges, Education for Florida Community College System
 5408  institutions;, career centers operated by a school district
 5409  under s. 1001.44;, and charter technical career centers shall
 5410  annually report for the previous academic year the percentage of
 5411  resident and nonresident students enrolled systemwide.
 5412         (13) 
 5413         (c) Each state university, Florida Community College System
 5414  institution, career center operated by a school district under
 5415  s. 1001.44, and charter technical career center shall report to
 5416  the Board of Governors, the State Board of Community, and the
 5417  State Board of Education, respectively, the number and value of
 5418  all fee waivers granted annually under this subsection.
 5419         (d) The Board of Governors, the State Board of Community
 5420  Colleges, and the State Board of Education shall respectively
 5421  adopt regulations and rules to administer this subsection.
 5422         (14)
 5423         (d) The Board of Governors, the State Board of Community
 5424  Colleges, and the State Board of Education shall respectively
 5425  adopt regulations and rules to administer this subsection.
 5426         Section 79. Section 1009.28, Florida Statutes, is amended
 5427  to read:
 5428         1009.28 Fees for repeated enrollment in developmental
 5429  education classes.—A student enrolled in the same developmental
 5430  education class more than twice shall pay 100 percent of the
 5431  full cost of instruction to support continuous enrollment of
 5432  that student in the same class, and the student shall not be
 5433  included in calculations of full-time equivalent enrollments for
 5434  state funding purposes; however, students who withdraw or fail a
 5435  class due to extenuating circumstances may be granted an
 5436  exception only once for each class, provided approval is granted
 5437  according to policy established by the board of trustees. Each
 5438  Florida Community College System institution may review and
 5439  reduce fees paid by students due to continued enrollment in a
 5440  developmental education class on an individual basis contingent
 5441  upon the student’s financial hardship, pursuant to definitions
 5442  and fee levels established by the State Board of Community
 5443  Colleges Education.
 5444         Section 80. Subsections (9) and (12) of section 1009.90,
 5445  Florida Statutes, are amended to read:
 5446         1009.90 Duties of the Department of Education.—The duties
 5447  of the department shall include:
 5448         (9) Development and submission of a report, annually, to
 5449  the State Board of Education, the Board of Governors, the State
 5450  Board of Community Colleges, the President of the Senate, and
 5451  the Speaker of the House of Representatives, which shall
 5452  include, but not be limited to, recommendations for the
 5453  distribution of state financial aid funds.
 5454         (12) Calculation of the amount of need-based student
 5455  financial aid required to offset fee increases recommended by
 5456  the State Board of Education, and the Board of Governors, and
 5457  the State Board of Community Colleges, and inclusion of such
 5458  amount within the legislative budget request for student
 5459  assistance grant programs.
 5460         Section 81. Subsection (4) of section 1009.91, Florida
 5461  Statutes, is amended to read:
 5462         1009.91 Assistance programs and activities of the
 5463  department.—
 5464         (4) The department shall maintain records on the student
 5465  loan default rate of each Florida postsecondary institution and
 5466  report that information annually to both the institution and the
 5467  State Board of Education. Information relating to state
 5468  universities shall also be reported annually to the Board of
 5469  Governors. Information relating to Florida Community College
 5470  System institutions shall be reported annually to the State
 5471  Board of Community Colleges.
 5472         Section 82. Subsection (2) of section 1009.971, Florida
 5473  Statutes, is amended to read:
 5474         1009.971 Florida Prepaid College Board.—
 5475         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 5476  shall consist of seven members to be composed of the Attorney
 5477  General, the Chief Financial Officer, the Chancellor of the
 5478  State University System, the Chancellor of the Florida Community
 5479  College System Division of Florida Colleges, and three members
 5480  appointed by the Governor and subject to confirmation by the
 5481  Senate. Each member appointed by the Governor shall possess
 5482  knowledge, skill, and experience in the areas of accounting,
 5483  actuary, risk management, or investment management. Each member
 5484  of the board not appointed by the Governor may name a designee
 5485  to serve on the board on behalf of the member; however, any
 5486  designee so named shall meet the qualifications required of
 5487  gubernatorial appointees to the board. Members appointed by the
 5488  Governor shall serve terms of 3 years. Any person appointed to
 5489  fill a vacancy on the board shall be appointed in a like manner
 5490  and shall serve for only the unexpired term. Any member shall be
 5491  eligible for reappointment and shall serve until a successor
 5492  qualifies. Members of the board shall serve without compensation
 5493  but shall be reimbursed for per diem and travel in accordance
 5494  with s. 112.061. Each member of the board shall file a full and
 5495  public disclosure of his or her financial interests pursuant to
 5496  s. 8, Art. II of the State Constitution and corresponding
 5497  statute.
 5498         Section 83. Section 1010.01, Florida Statutes, is amended
 5499  to read:
 5500         1010.01 Uniform records and accounts.—
 5501         (1)(a) The financial records and accounts of each school
 5502  district, Florida College System institution, and other
 5503  institution or agency under the supervision of the State Board
 5504  of Education shall be prepared and maintained as prescribed by
 5505  law and rules of the State Board of Education.
 5506         (b) The financial records and accounts of each state
 5507  university under the supervision of the Board of Governors shall
 5508  be prepared and maintained as prescribed by law and rules of the
 5509  Board of Governors.
 5510         (c) The financial records and accounts of each Florida
 5511  Community College System institution under the supervision of
 5512  the State Board of Community Colleges shall be prepared and
 5513  maintained as prescribed by law and rules of the State Board of
 5514  Community Colleges.
 5515         (2) Rules of the State Board of Education, and rules of the
 5516  Board of Governors, and the State Board of Community Colleges
 5517  shall incorporate the requirements of law and accounting
 5518  principles generally accepted in the United States. Such rules
 5519  shall include a uniform classification of accounts.
 5520         (3) Each state university shall annually file with the
 5521  Board of Governors financial statements prepared in conformity
 5522  with accounting principles generally accepted by the United
 5523  States and the uniform classification of accounts prescribed by
 5524  the Board of Governors. The Board of Governors’ rules shall
 5525  prescribe the filing deadline for the financial statements.
 5526         (4) Required financial accounts and reports shall include
 5527  provisions that are unique to each of the following: K-12 school
 5528  districts, Florida Community College System institutions, and
 5529  state universities, and shall provide for the data to be
 5530  reported to the National Center of Educational Statistics and
 5531  other governmental and professional educational data information
 5532  services as appropriate.
 5533         (5) Each Florida Community College System institution shall
 5534  annually file with the State Board of Community Colleges
 5535  financial statements prepared in conformity with accounting
 5536  principles generally accepted by the United States and the
 5537  uniform classification of accounts prescribed by the State Board
 5538  of Community Colleges. The State Board of Community Colleges’
 5539  rules shall prescribe the filing deadline for the financial
 5540  statements.
 5541         Section 84. Subsection (1) of section 1010.02, Florida
 5542  Statutes, is amended, and subsection (3) is added to that
 5543  section, to read:
 5544         1010.02 Financial accounting and expenditures.—
 5545         (1) All funds accruing to a school district or a Florida
 5546  College System institution must be received, accounted for, and
 5547  expended in accordance with law and rules of the State Board of
 5548  Education.
 5549         (3) All funds accruing to a Florida Community College
 5550  System institution must be received, accounted for, and expended
 5551  in accordance with law and rules of the State Board of Community
 5552  Colleges.
 5553         Section 85. Section 1010.04, Florida Statutes, is amended
 5554  to read:
 5555         1010.04 Purchasing.—
 5556         (1)(a) Purchases and leases by school districts must and
 5557  Florida College System institutions shall comply with the
 5558  requirements of law and rules of the State Board of Education.
 5559         (b) Before purchasing nonacademic commodities and
 5560  contractual services, each district school board and Florida
 5561  Community College System institution board of trustees shall
 5562  review the purchasing agreements and state term contracts
 5563  available under s. 287.056 to determine whether it is in the
 5564  school board’s or the board of trustees’ economic advantage to
 5565  use the agreements and contracts. Each bid specification for
 5566  nonacademic commodities and contractual services must include a
 5567  statement indicating that the purchasing agreements and state
 5568  term contracts available under s. 287.056 have been reviewed.
 5569  Each district school board may also use the cooperative state
 5570  purchasing programs managed through the regional consortium
 5571  service organizations pursuant to their authority under s.
 5572  1001.451(3). This paragraph does not apply to services that are
 5573  eligible for reimbursement under the federal E-rate program
 5574  administered by the Universal Service Administrative Company.
 5575         (c) Purchases and leases by state universities must shall
 5576  comply with the requirements of law and regulations of the Board
 5577  of Governors.
 5578         (d) Purchases and leases by Florida Community College
 5579  System institutions must comply with the requirements of law and
 5580  rules of the State Board of Community Colleges.
 5581         (2) Each district school board and Florida Community
 5582  College System institution board of trustees shall adopt rules,
 5583  and each university board of trustees shall adopt regulations,
 5584  to be followed in making purchases. Purchases may be made
 5585  through an online procurement system, an electronic auction
 5586  service, or other efficient procurement tool.
 5587         (3) In districts in which the county purchasing agent is
 5588  authorized by law to make purchases for the benefit of other
 5589  governmental agencies within the county, the district school
 5590  board and Florida Community College System institution board of
 5591  trustees shall have the option to purchase from the current
 5592  county contracts at the unit price stated therein if such
 5593  purchase is to the economic advantage of the district school
 5594  board or the Florida Community College System institution board
 5595  of trustees; subject to confirmation of the items of purchase to
 5596  the standards and specifications prescribed by the school
 5597  district or Florida Community College System institution.
 5598         (4)(a) The State Board of Education may, by rule, provide
 5599  for alternative procedures for school districts and Florida
 5600  College System institutions for bidding or purchasing in cases
 5601  in which the character of the item requested renders competitive
 5602  bidding impractical.
 5603         (b) The Board of Governors may, by regulation, provide for
 5604  alternative procedures for state universities for bidding or
 5605  purchasing in cases in which the character of the item requested
 5606  renders competitive bidding impractical.
 5607         (c) The State Board of Community Colleges may, by rule,
 5608  provide for alternative procedures for Florida Community College
 5609  System institutions for bidding or purchasing in cases in which
 5610  the character of the item requested renders competitive bidding
 5611  impractical.
 5612         Section 86. Section 1010.07, Florida Statutes, is amended
 5613  to read:
 5614         1010.07 Bonds or insurance required.—
 5615         (1) Each district school board, Florida Community College
 5616  System institution board of trustees, and university board of
 5617  trustees shall ensure that each official and employee
 5618  responsible for handling, expending, or authorizing the
 5619  expenditure of funds shall be appropriately bonded or insured to
 5620  protect the board and the funds involved.
 5621         (2)(a) Contractors paid from school district or Florida
 5622  College System institution funds shall give bond for the
 5623  faithful performance of their contracts in such amount and for
 5624  such purposes as prescribed by s. 255.05 or by rules of the
 5625  State Board of Education relating to the type of contract
 5626  involved. It shall be the duty of the district school board or
 5627  Florida College System institution board of trustees to require
 5628  from construction contractors a bond adequate to protect the
 5629  board and the board’s funds involved.
 5630         (b) Contractors paid from university funds shall give bond
 5631  for the faithful performance of their contracts in such amount
 5632  and for such purposes as prescribed by s. 255.05 or by
 5633  regulations of the Board of Governors relating to the type of
 5634  contract involved. It shall be the duty of the university board
 5635  of trustees to require from construction contractors a bond
 5636  adequate to protect the board and the board’s funds involved.
 5637         (c)Contractors paid from Florida Community College System
 5638  institution funds shall give bonds for the faithful performance
 5639  of their contracts in such amount and for such purposes as
 5640  prescribed by s. 255.05 or by rules of the State Board of
 5641  Community Colleges relating to the type of contract involved. It
 5642  is the duty of the Florida Community College System institution
 5643  board of trustees to require construction contractors to provide
 5644  a bond adequate to protect the board and the board’s funds
 5645  involved.
 5646         Section 87. Section 1010.08, Florida Statutes, is amended
 5647  to read:
 5648         1010.08 Promotion and public relations; funding.—
 5649         (1) Each district school board and Florida College System
 5650  institution board of trustees may budget and use a portion of
 5651  the funds accruing to it from auxiliary enterprises and
 5652  undesignated gifts for promotion and public relations as
 5653  prescribed by rules of the State Board of Education. Such funds
 5654  may be used to provide hospitality to business guests in the
 5655  district or elsewhere. However, such hospitality expenses may
 5656  not exceed the amount authorized for such contingency funds as
 5657  prescribed by rules of the State Board of Education.
 5658         (2) Each Florida Community College System institution board
 5659  of trustees may budget and use a portion of the funds accruing
 5660  to it from auxiliary enterprises and undesignated gifts for
 5661  promotion and public relations as prescribed by rules of the
 5662  State Board of Community Colleges. Such funds may be used to
 5663  provide hospitality to business guests in the district or
 5664  elsewhere. However, such hospitality expenses may not exceed the
 5665  amount authorized for such contingency funds as prescribed by
 5666  rules of the State Board of Community Colleges.
 5667         Section 88. Subsection (1) of section 1010.09, Florida
 5668  Statutes, is amended and subsection (3) is added to that
 5669  section, to read:
 5670         1010.09 Direct-support organizations.—
 5671         (1) School district and Florida College System institution
 5672  direct-support organizations shall be organized and conducted
 5673  under the provisions of ss. 1001.453 and 1004.70 and rules of
 5674  the State Board of Education, as applicable.
 5675         (3) Florida Community College System institution direct
 5676  support organizations shall be organized and conducted under the
 5677  provisions of s. 1004.70 and rules of the State Board of
 5678  Community Colleges.
 5679         Section 89. Section 1010.22, Florida Statutes, is amended
 5680  to read:
 5681         1010.22 Cost accounting and reporting for workforce
 5682  education.—
 5683         (1)(a) Each school district and each Florida College System
 5684  institution shall account for expenditures of all state, local,
 5685  federal, and other funds in the manner prescribed by the State
 5686  Board of Education.
 5687         (b) Each Florida Community College System institution shall
 5688  account for expenditures of all state, local, federal, and other
 5689  funds in the manner prescribed by the State Board of Community
 5690  Colleges.
 5691         (2)(a) Each school district and each Florida College System
 5692  institution shall report expenditures for workforce education in
 5693  accordance with requirements prescribed by the State Board of
 5694  Education.
 5695         (b)Each Florida Community College System institution shall
 5696  report expenditures for workforce education in accordance with
 5697  requirements prescribed by the State Board of Community
 5698  Colleges.
 5699         (3) The Department of Education, in cooperation with school
 5700  districts and Florida Community College System institutions,
 5701  shall develop and maintain a database of valid comparable
 5702  information on workforce education which will meet both state
 5703  and local needs.
 5704         Section 90. Subsection (1) of section 1010.30, Florida
 5705  Statutes, is amended to read:
 5706         1010.30 Audits required.—
 5707         (1) School districts, Florida College System institutions,
 5708  and other institutions and agencies under the supervision of the
 5709  State Board of Education, Florida Community College System
 5710  institutions under the supervision of the State Board of
 5711  Community Colleges, and state universities under the supervision
 5712  of the Board of Governors are subject to the audit provisions of
 5713  ss. 11.45 and 218.39.
 5714         Section 91. Section 1010.58, Florida Statutes, is amended
 5715  to read:
 5716         1010.58 Procedure for determining number of instruction
 5717  units for Florida Community College System institutions.—The
 5718  number of instruction units for Florida Community College System
 5719  institutions shall be determined from the full-time equivalent
 5720  students in the Florida Community College System institution,
 5721  provided that full-time equivalent students may not be counted
 5722  more than once in determining instruction units. Instruction
 5723  units for Florida Community College System institutions shall be
 5724  computed as follows:
 5725         (1) One unit for each 12 full-time equivalent students at a
 5726  Florida Community College System institution for the first 420
 5727  students and one unit for each 15 full-time equivalent students
 5728  for all over 420 students, in other than career education
 5729  programs as defined by rules of the State Board of Community
 5730  Colleges Education, and one unit for each 10 full-time
 5731  equivalent students in career education programs and
 5732  compensatory education programs as defined by rules of the State
 5733  Board of Community Colleges Education. Full-time equivalent
 5734  students enrolled in a Florida Community College System
 5735  institution shall be defined by rules of the State Board of
 5736  Community Colleges Education.
 5737         (2) For each 8 instruction units in a Florida Community
 5738  College System institution, 1 instruction unit or proportionate
 5739  fraction of a unit shall be allowed for administrative and
 5740  special instructional services, and for each 20 instruction
 5741  units, 1 instruction unit or proportionate fraction of a unit
 5742  shall be allowed for student personnel services.
 5743         Section 92. Section 1011.01, Florida Statutes, is amended
 5744  to read:
 5745         1011.01 Budget system established.—
 5746         (1) The State Board of Education shall prepare and submit a
 5747  coordinated K-20 education annual legislative budget request to
 5748  the Governor and the Legislature on or before the date provided
 5749  by the Governor and the Legislature. The board’s legislative
 5750  budget request must clearly define the needs of school
 5751  districts, Florida Community College System institutions,
 5752  universities, other institutions, organizations, programs, and
 5753  activities under the supervision of the board and that are
 5754  assigned by law or the General Appropriations Act to the
 5755  Department of Education.
 5756         (2)(a) There is shall be established in each school
 5757  district and Florida College System institution a budget system
 5758  as prescribed by law and rules of the State Board of Education.
 5759         (b) There is shall be established in each state university
 5760  a budget system as prescribed by law and rules of the Board of
 5761  Governors.
 5762         (c) There is established in each Florida Community College
 5763  System institution a budget system as prescribed by law and
 5764  rules of the State Board of Community Colleges.
 5765         (3)(a) Each district school board and each Florida College
 5766  System institution board of trustees shall prepare, adopt, and
 5767  submit to the Commissioner of Education an annual operating
 5768  budget. Operating budgets must shall be prepared and submitted
 5769  in accordance with the provisions of law, rules of the State
 5770  Board of Education, the General Appropriations Act, and for
 5771  district school boards in accordance with the provisions of ss.
 5772  200.065 and 1011.64.
 5773         (b) Each state university board of trustees shall prepare,
 5774  adopt, and submit to the Chancellor of the State University
 5775  System for review an annual operating budget in accordance with
 5776  provisions of law, rules of the Board of Governors, and the
 5777  General Appropriations Act.
 5778         (c) Each Florida Community College System institution board
 5779  of trustees shall prepare, adopt, and submit to the State Board
 5780  of Community Colleges an annual operating budget in accordance
 5781  with provisions of law, rules of the State Board of Community
 5782  Colleges, and the General Appropriations Act.
 5783         (4) The State Board of Education shall coordinate with the
 5784  Board of Governors and the State Board of Community Colleges to
 5785  facilitate the budget system requirements of this section. The
 5786  State Board of Community College exclusively retains the review
 5787  and approval powers of this section for Florida Community
 5788  College System institutions. The Board of Governors exclusively
 5789  retains the review and approval powers of this section for state
 5790  universities.
 5791         Section 93. Section 1011.011, Florida Statutes, is amended
 5792  to read:
 5793         1011.011 Legislative capital outlay budget request.—The
 5794  State Board of Education shall submit an integrated,
 5795  comprehensive budget request for educational facilities
 5796  construction and fixed capital outlay needs for school
 5797  districts, and, in conjunction with the State Board of Community
 5798  Colleges for Florida Community College System institutions, and,
 5799  in conjunction with the Board of Governors for state,
 5800  universities, pursuant to this section and s. 1013.46 and
 5801  applicable provisions of chapter 216.
 5802         Section 94. Section 1011.30, Florida Statutes, is amended
 5803  to read:
 5804         1011.30 Budgets for Florida Community College System
 5805  institutions.—Each Florida Community College System institution
 5806  president shall recommend to the Florida Community College
 5807  System institution board of trustees a budget of income and
 5808  expenditures at such time and in such form as the State Board of
 5809  Community Colleges Education may prescribe. Upon approval of a
 5810  budget by the Florida Community College System institution board
 5811  of trustees, such budget must shall be transmitted to the State
 5812  Board of Community Colleges Department of Education for review.
 5813  Rules of the State Board of Community Colleges must Education
 5814  shall prescribe procedures for effecting budget amendments
 5815  subsequent to the final approval of a budget for a given year.
 5816         Section 95. Section 1011.32, Florida Statutes, is amended
 5817  to read:
 5818         1011.32 Florida Community College System Institution
 5819  Facility Enhancement Challenge Grant Program.—
 5820         (1) The Legislature recognizes that the Florida Community
 5821  College System institutions do not have sufficient physical
 5822  facilities to meet the current demands of their instructional
 5823  and community programs. It further recognizes that, to
 5824  strengthen and enhance Florida Community College System
 5825  institutions, it is necessary to provide facilities in addition
 5826  to those currently available from existing revenue sources. It
 5827  further recognizes that there are sources of private support
 5828  that, if matched with state support, can assist in constructing
 5829  much needed facilities and strengthen the commitment of citizens
 5830  and organizations in promoting excellence at each Florida
 5831  Community College System institution. Therefore, it is the
 5832  intent of the Legislature to establish a program to provide the
 5833  opportunity for each Florida Community College System
 5834  institution through its direct-support organization to receive
 5835  and match challenge grants for instructional and community
 5836  related capital facilities within the Florida Community College
 5837  System institution.
 5838         (2) There is established the Florida Community College
 5839  System Institution Facility Enhancement Challenge Grant Program
 5840  for the purpose of assisting the Florida Community College
 5841  System institutions in building high priority instructional and
 5842  community-related capital facilities consistent with s. 1004.65,
 5843  including common areas connecting such facilities. The direct
 5844  support organizations that serve the Florida Community College
 5845  System institutions shall solicit gifts from private sources to
 5846  provide matching funds for capital facilities. For the purposes
 5847  of this section, private sources of funds shall not include any
 5848  federal or state government funds that a Florida Community
 5849  College System institution may receive.
 5850         (3) The Florida Community College System Institution
 5851  Capital Facilities Matching Program shall provide funds to match
 5852  private contributions for the development of high priority
 5853  instructional and community-related capital facilities,
 5854  including common areas connecting such facilities, within the
 5855  Florida Community College System institutions.
 5856         (4) Within the direct-support organization of each Florida
 5857  Community College System institution there must be established a
 5858  separate capital facilities matching account for the purpose of
 5859  providing matching funds from the direct-support organization’s
 5860  unrestricted donations or other private contributions for the
 5861  development of high priority instructional and community-related
 5862  capital facilities, including common areas connecting such
 5863  facilities. The Legislature shall appropriate funds for
 5864  distribution to a Florida Community College System institution
 5865  after matching funds are certified by the direct-support
 5866  organization and Florida Community College System institution.
 5867  The Public Education Capital Outlay and Debt Service Trust Fund
 5868  shall not be used as the source of the state match for private
 5869  contributions.
 5870         (5) A project may not be initiated unless all private funds
 5871  for planning, construction, and equipping the facility have been
 5872  received and deposited in the direct-support organization’s
 5873  matching account for this purpose. However, this requirement
 5874  does not preclude the Florida Community College System
 5875  institution or direct-support organization from expending
 5876  available funds from private sources to develop a prospectus,
 5877  including preliminary architectural schematics or models, for
 5878  use in its efforts to raise private funds for a facility and for
 5879  site preparation, planning, and construction. The Legislature
 5880  may appropriate the state’s matching funds in one or more fiscal
 5881  years for the planning, construction, and equipping of an
 5882  eligible facility. Each Florida Community College System
 5883  institution shall notify all donors of private funds of a
 5884  substantial delay in the availability of state matching funds
 5885  for this program.
 5886         (6) To be eligible to participate in the Florida Community
 5887  College System Institution Facility Enhancement Challenge Grant
 5888  Program, a Florida Community College System institution, through
 5889  its direct-support organization, shall raise a contribution
 5890  equal to one-half of the total cost of a facilities construction
 5891  project from private sources which shall be matched by a state
 5892  appropriation equal to the amount raised for a facilities
 5893  construction project, subject to the General Appropriations Act.
 5894         (7) If the state’s share of the required match is
 5895  insufficient to meet the requirements of subsection (6), the
 5896  Florida Community College System institution shall renegotiate
 5897  the terms of the contribution with the donors. If the project is
 5898  terminated, each private donation, plus accrued interest,
 5899  reverts to the direct-support organization for remittance to the
 5900  donor.
 5901         (8) By October 15 of each year, the State Board of
 5902  Community Colleges Education shall transmit to the Governor and
 5903  the Legislature a list of projects that meet all eligibility
 5904  requirements to participate in the Florida Community College
 5905  System Institution Facility Enhancement Challenge Grant Program
 5906  and a budget request that includes the recommended schedule
 5907  necessary to complete each project.
 5908         (9) In order for a project to be eligible under this
 5909  program, it must be survey recommended under the provisions of
 5910  s. 1013.31 and included in the Florida Community College System
 5911  institution’s 5-year capital improvement plan, and it must
 5912  receive approval from the State Board of Community Colleges
 5913  Education or the Legislature.
 5914         (10) A Florida Community College System institution project
 5915  may not be removed from the approved 3-year PECO priority list
 5916  because of its successful participation in this program until
 5917  approved by the Legislature and provided for in the General
 5918  Appropriations Act. When such a project is completed and removed
 5919  from the list, all other projects shall move up on the 3-year
 5920  PECO priority list.
 5921         (11) Any private matching funds for a project which are
 5922  unexpended after the project is completed shall revert to the
 5923  Florida Community College System institution’s direct-support
 5924  organization capital facilities matching account. The balance of
 5925  any unexpended state matching funds shall be returned to the
 5926  fund from which those funds were appropriated.
 5927         (12) The surveys, architectural plans, facility, and
 5928  equipment shall be the property of the participating Florida
 5929  Community College System institution. A facility constructed
 5930  under this section may be named in honor of a donor at the
 5931  option of the Florida Community College System institution
 5932  district board of trustees. A facility may not be named after a
 5933  living person without prior approval by the State Board of
 5934  Community Colleges Education.
 5935         (13) Effective July 1, 2011, state matching funds are
 5936  temporarily suspended for donations received for the program on
 5937  or after June 30, 2011. Existing eligible donations remain
 5938  eligible for future matching funds. The program may be restarted
 5939  after $200 million of the backlog for programs under this
 5940  section and ss. 1011.85, 1011.94, and 1013.79 have been matched.
 5941         Section 96. Subsection (2), paragraph (b) of subsection
 5942  (5), and subsections (8), (9), and (11) of section 1011.80,
 5943  Florida Statutes, are amended to read:
 5944         1011.80 Funds for operation of workforce education
 5945  programs.—
 5946         (2) Any workforce education program may be conducted by a
 5947  Florida Community College System institution or a school
 5948  district, except that college credit in an associate in applied
 5949  science or an associate in science degree may be awarded only by
 5950  a Florida Community College System institution. However, if an
 5951  associate in applied science or an associate in science degree
 5952  program contains within it an occupational completion point that
 5953  confers a certificate or an applied technology diploma, that
 5954  portion of the program may be conducted by a school district
 5955  career center. Any instruction designed to articulate to a
 5956  degree program is subject to guidelines and standards adopted by
 5957  the State Board of Community Colleges Education pursuant to s.
 5958  1007.25.
 5959         (5) State funding and student fees for workforce education
 5960  instruction shall be established as follows:
 5961         (b) For all other workforce education programs, state
 5962  funding shall equal 75 percent of the average cost of
 5963  instruction with the remaining 25 percent made up from student
 5964  fees. Fees for courses within a program shall not vary according
 5965  to the cost of the individual program, but instead shall be
 5966  based on a uniform fee calculated and set at the state level, as
 5967  adopted by the State Board of Education, for school districts
 5968  and the State Board of Community Colleges, for Florida Community
 5969  College System institutions, unless otherwise specified in the
 5970  General Appropriations Act.
 5971         (8) The State Board of Education, the State Board of
 5972  Community Colleges, and CareerSource Florida, Inc., shall
 5973  provide the Legislature with recommended formulas, criteria,
 5974  timeframes, and mechanisms for distributing performance funds.
 5975  The commissioner shall consolidate the recommendations and
 5976  develop a consensus proposal for funding. The Legislature shall
 5977  adopt a formula and distribute the performance funds to the
 5978  State Board of Community Colleges Education for Florida
 5979  Community College System institutions and to the State Board of
 5980  Education for school districts through the General
 5981  Appropriations Act. These recommendations shall be based on
 5982  formulas that would discourage low-performing or low-demand
 5983  programs and encourage through performance-funding awards:
 5984         (a) Programs that prepare people to enter high-wage
 5985  occupations identified by the Workforce Estimating Conference
 5986  created by s. 216.136 and other programs as approved by
 5987  CareerSource Florida, Inc. At a minimum, performance incentives
 5988  shall be calculated for adults who reach completion points or
 5989  complete programs that lead to specified high-wage employment
 5990  and to their placement in that employment.
 5991         (b) Programs that successfully prepare adults who are
 5992  eligible for public assistance, economically disadvantaged,
 5993  disabled, not proficient in English, or dislocated workers for
 5994  high-wage occupations. At a minimum, performance incentives
 5995  shall be calculated at an enhanced value for the completion of
 5996  adults identified in this paragraph and job placement of such
 5997  adults upon completion. In addition, adjustments may be made in
 5998  payments for job placements for areas of high unemployment.
 5999         (c) Programs that are specifically designed to be
 6000  consistent with the workforce needs of private enterprise and
 6001  regional economic development strategies, as defined in
 6002  guidelines set by CareerSource Florida, Inc. CareerSource
 6003  Florida, Inc., shall develop guidelines to identify such needs
 6004  and strategies based on localized research of private employers
 6005  and economic development practitioners.
 6006         (d) Programs identified by CareerSource Florida, Inc., as
 6007  increasing the effectiveness and cost efficiency of education.
 6008         (9) School districts shall report full-time equivalent
 6009  students by discipline category for the programs specified in
 6010  subsection (1). There shall be an annual cost analysis for the
 6011  school district workforce education programs that reports cost
 6012  by discipline category consistent with the reporting for full
 6013  time equivalent students. The annual financial reports submitted
 6014  by the school districts must accurately report on the student
 6015  fee revenues by fee type according to the programs specified in
 6016  subsection (1). The Department of Education and the State Board
 6017  of Community Colleges shall develop a plan for comparable
 6018  reporting of program, student, facility, personnel, and
 6019  financial data between the Florida Community College System
 6020  institutions and the school district workforce education
 6021  programs.
 6022         (11) The State Board of Education and the State Board of
 6023  Community Colleges may adopt rules to administer this section.
 6024         Section 97. Section 1011.801, Florida Statutes, is amended
 6025  to read:
 6026         1011.801 Workforce Development Capitalization Incentive
 6027  Grant Program.—The Legislature recognizes that the need for
 6028  school districts and Florida Community College System
 6029  institutions to be able to respond to emerging local or
 6030  statewide economic development needs is critical to the
 6031  workforce development system. The Workforce Development
 6032  Capitalization Incentive Grant Program is created to provide
 6033  grants to school districts and Florida Community College System
 6034  institutions on a competitive basis to fund some or all of the
 6035  costs associated with the creation or expansion of workforce
 6036  development programs that serve specific employment workforce
 6037  needs.
 6038         (1) Funds awarded for a workforce development
 6039  capitalization incentive grant may be used for instructional
 6040  equipment, laboratory equipment, supplies, personnel, student
 6041  services, or other expenses associated with the creation or
 6042  expansion of a workforce development program. Expansion of a
 6043  program may include either the expansion of enrollments in a
 6044  program or expansion into new areas of specialization within a
 6045  program. No grant funds may be used for recurring instructional
 6046  costs or for institutions’ indirect costs.
 6047         (2) The State Board of Education shall accept applications
 6048  from school districts, and the State Board of Community Colleges
 6049  shall accept applications from or Florida Community College
 6050  System institutions, for workforce development capitalization
 6051  incentive grants. Applications from school districts or Florida
 6052  Community College System institutions must shall contain
 6053  projected enrollments and projected costs for the new or
 6054  expanded workforce development program. The State Board of
 6055  Education or the State Board of Community Colleges, as
 6056  appropriate, in consultation with CareerSource Florida, Inc.,
 6057  shall review and rank each application for a grant according to
 6058  subsection (3) and shall submit to the Legislature a list in
 6059  priority order of applications recommended for a grant award.
 6060         (3) The State Board of Education or the State Board of
 6061  Community Colleges, as appropriate, shall give highest priority
 6062  to programs that train people to enter high-skill, high-wage
 6063  occupations identified by the Workforce Estimating Conference
 6064  and other programs approved by CareerSource Florida, Inc.;
 6065  programs that train people to enter occupations under the
 6066  welfare transition program; or programs that train for the
 6067  workforce adults who are eligible for public assistance,
 6068  economically disadvantaged, disabled, not proficient in English,
 6069  or dislocated workers. The State Board of Education or the State
 6070  Board of Community Colleges, as appropriate, shall consider the
 6071  statewide geographic dispersion of grant funds in ranking the
 6072  applications and shall give priority to applications from
 6073  education agencies that are making maximum use of their
 6074  workforce development funding by offering high-performing, high
 6075  demand programs.
 6076         Section 98. Section 1011.81, Florida Statutes, is amended
 6077  to read:
 6078         1011.81 Florida Community College System Program Fund.—
 6079         (1) There is established a Florida Community College System
 6080  Program Fund. This fund shall comprise all appropriations made
 6081  by the Legislature for the support of the current operating
 6082  program and shall be apportioned and distributed to the Florida
 6083  Community College System institution districts of the state on
 6084  the basis of procedures established by law and rules of the
 6085  State Board of Education. The annual apportionment for each
 6086  Florida Community College System institution district shall be
 6087  distributed monthly in payments as nearly equal as possible.
 6088         (2) Performance funding for industry certifications for
 6089  Florida Community College System institutions is contingent upon
 6090  specific appropriation in the General Appropriations Act and
 6091  shall be determined as follows:
 6092         (a) Occupational areas for which industry certifications
 6093  may be earned, as established in the General Appropriations Act,
 6094  are eligible for performance funding. Priority shall be given to
 6095  the occupational areas emphasized in state, national, or
 6096  corporate grants provided to Florida educational institutions.
 6097         (b) The Chancellor of the Florida Community College System,
 6098  for the Florida Community College System institutions, shall
 6099  identify the industry certifications eligible for funding on the
 6100  CAPE Postsecondary Industry Certification Funding List approved
 6101  by the State Board of Community Colleges Education pursuant to
 6102  s. 1008.44, based on the occupational areas specified in the
 6103  General Appropriations Act.
 6104         (c) Each Florida Community College System institution shall
 6105  be provided $1,000 for each industry certification earned by a
 6106  student. The maximum amount of funding appropriated for
 6107  performance funding pursuant to this subsection shall be limited
 6108  to $15 million annually. If funds are insufficient to fully fund
 6109  the calculated total award, such funds shall be prorated.
 6110         (3) None of the funds made available in the Florida
 6111  Community College System Program Fund, or funds made available
 6112  to Florida Community College System institutions outside the
 6113  Florida Community College System Program Fund, may be used to
 6114  implement, organize, direct, coordinate, or administer, or to
 6115  support the implementation, organization, direction,
 6116  coordination, or administration of, activities related to, or
 6117  involving, travel to a terrorist state. For purposes of this
 6118  section, “terrorist state” is defined as any state, country, or
 6119  nation designated by the United States Department of State as a
 6120  state sponsor of terrorism.
 6121         (4) State funds provided for the Florida Community College
 6122  System Program Fund may not be expended for the education of
 6123  state or federal inmates.
 6124         Section 99. Section 1011.82, Florida Statutes, is amended
 6125  to read:
 6126         1011.82 Requirements for participation in Florida Community
 6127  College System Program Fund.—Each Florida Community College
 6128  System institution district which participates in the state
 6129  appropriations for the Florida Community College System Program
 6130  Fund shall provide evidence of its effort to maintain an
 6131  adequate Florida Community College System institution program
 6132  which shall:
 6133         (1) Meet the minimum standards prescribed by the State
 6134  Board of Community Colleges Education in accordance with s.
 6135  1001.602(5) s. 1001.02(6).
 6136         (2) Effectively fulfill the mission of the Florida
 6137  Community College System institutions in accordance with s.
 6138  1004.65.
 6139         Section 100. Section 1011.83, Florida Statutes, is amended
 6140  to read:
 6141         1011.83 Financial support of Florida Community College
 6142  System institutions.—
 6143         (1) Each Florida Community College System institution that
 6144  has been approved by the Department of Education and meets the
 6145  requirements of law and rules of the State Board of Community
 6146  Colleges Education shall participate in the Florida Community
 6147  College System Program Fund. However, funds to support workforce
 6148  education programs conducted by Florida Community College System
 6149  institutions shall be provided pursuant to s. 1011.80.
 6150         (2) A student in a baccalaureate degree program approved
 6151  pursuant to s. 1007.33 who is not classified as a resident for
 6152  tuition purposes pursuant to s. 1009.21 may not be included in
 6153  calculations of full-time equivalent enrollments for state
 6154  funding purposes.
 6155         Section 101. Section 1011.84, Florida Statutes, is amended
 6156  to read:
 6157         1011.84 Procedure for determining state financial support
 6158  and annual apportionment of state funds to each Florida
 6159  Community College System institution district.—The procedure for
 6160  determining state financial support and the annual apportionment
 6161  to each Florida Community College System institution district
 6162  authorized to operate a Florida Community College System
 6163  institution under the provisions of s. 1001.61 shall be as
 6164  follows:
 6165         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 6166  COMMUNITY COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING
 6167  PROGRAM.—
 6168         (a) The State Board of Community Colleges Department of
 6169  Education shall determine annually, from an analysis of
 6170  operating costs, prepared in the manner prescribed by rules of
 6171  the State Board of Education, the costs per full-time equivalent
 6172  student served in courses and fields of study offered in Florida
 6173  Community College System institutions. This information and
 6174  current college operating budgets shall be submitted to the
 6175  Executive Office of the Governor with the legislative budget
 6176  request prior to each regular session of the Legislature.
 6177         (b) The allocation of funds for Florida Community College
 6178  System institutions must shall be based on advanced and
 6179  professional disciplines, developmental education, and other
 6180  programs for adults funded pursuant to s. 1011.80.
 6181         (c) The category of lifelong learning is for students
 6182  enrolled pursuant to s. 1004.93. A student shall also be
 6183  reported as a lifelong learning student for his or her
 6184  enrollment in any course that he or she has previously taken,
 6185  unless it is a credit course in which the student earned a grade
 6186  of D or F.
 6187         (d) If an adult student has been determined to be a
 6188  disabled student eligible for an approved educational program
 6189  for disabled adults provided pursuant to s. 1004.93 and rules of
 6190  the State Board of Community Colleges Education and is enrolled
 6191  in a class with curriculum frameworks developed for the program,
 6192  state funding for that student shall be provided at a level
 6193  double that of a student enrolled in a special adult general
 6194  education program provided by a Florida Community College System
 6195  institution.
 6196         (e) All state inmate education provided by Florida
 6197  Community College System institutions shall be reported by
 6198  program, FTE expenditure, and revenue source. These enrollments,
 6199  expenditures, and revenues shall be reported and projected
 6200  separately. Instruction of state inmates may shall not be
 6201  included in the full-time equivalent student enrollment for
 6202  funding through the Florida Community College System Program
 6203  Fund.
 6204         (f) When a public educational institution has been fully
 6205  funded by an external agency for direct instructional costs of
 6206  any course or program, the FTE generated may shall not be
 6207  reported for state funding.
 6208         (g) The State Board of Education shall adopt rules to
 6209  implement s. 9(d)(8)f., Art. XII of the State Constitution.
 6210  These rules shall provide for the use of the funds available
 6211  under s. 9(d)(8)f., Art. XII by an individual Florida Community
 6212  College System institution for operating expense in any fiscal
 6213  year during which the State Board of Education has determined
 6214  that all major capital outlay needs have been met. Highest
 6215  priority for the use of these funds for purposes other than
 6216  financing approved capital outlay projects shall be for the
 6217  proper maintenance and repair of existing facilities for
 6218  projects approved by the State Board of Education. However, in
 6219  any fiscal year in which funds from this source are authorized
 6220  for operating expense other than approved maintenance and repair
 6221  projects, the allocation of Florida Community College System
 6222  institution program funds shall be reduced by an amount equal to
 6223  the sum used for such operating expense for that Florida
 6224  Community College System institution that year, and that amount
 6225  shall not be released or allocated among the other Florida
 6226  Community College System institutions that year.
 6227         (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
 6228  OUTLAY AND DEBT SERVICE.—The amount included for capital outlay
 6229  and debt service shall be as determined and provided in s. 18,
 6230  Art. XII of the State Constitution of 1885, as adopted by s.
 6231  9(d), Art. XII of the 1968 revised State Constitution and State
 6232  Board of Education rules.
 6233         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 6234         (a) By December 15 of each year, the State Board of
 6235  Community Colleges Department of Education shall estimate the
 6236  annual enrollment of each Florida Community College System
 6237  institution for the current fiscal year and for the 3 subsequent
 6238  fiscal years. These estimates shall be based upon prior years’
 6239  enrollments, upon the initial fall term enrollments for the
 6240  current fiscal year for each college, and upon each college’s
 6241  estimated current enrollment and demographic changes in the
 6242  respective Florida Community College System institution
 6243  districts. Upper-division enrollment shall be estimated
 6244  separately from lower-division enrollment.
 6245         (b) The apportionment to each Florida Community College
 6246  System institution from the Florida Community College System
 6247  Program Fund shall be determined annually in the General
 6248  Appropriations Act. In determining each college’s apportionment,
 6249  the Legislature shall consider the following components:
 6250         1. Base budget, which includes the state appropriation to
 6251  the Florida Community College System Program Fund in the current
 6252  year plus the related student tuition and out-of-state fees
 6253  assigned in the current General Appropriations Act.
 6254         2. The cost-to-continue allocation, which consists of
 6255  incremental changes to the base budget, including salaries,
 6256  price levels, and other related costs allocated through a
 6257  funding model approved by the Legislature which may recognize
 6258  differing economic factors arising from the individual
 6259  educational approaches of the various Florida Community College
 6260  System institutions, including, but not limited to:
 6261         a. Direct Instructional Funding, including class size,
 6262  faculty productivity factors, average faculty salary, ratio of
 6263  full-time to part-time faculty, costs of programs, and
 6264  enrollment factors.
 6265         b. Academic Support, including small colleges factor,
 6266  multicampus factor, and enrollment factor.
 6267         c. Student Services Support, including headcount of
 6268  students as well as FTE count and enrollment factors.
 6269         d. Library Support, including volume and other
 6270  materials/audiovisual requirements.
 6271         e. Special Projects.
 6272         f. Operations and Maintenance of Plant, including square
 6273  footage and utilization factors.
 6274         g. District Cost Differential.
 6275         3. Students enrolled in a recreation and leisure program
 6276  and students enrolled in a lifelong learning program who may not
 6277  be counted as full-time equivalent enrollments for purposes of
 6278  enrollment workload adjustments.
 6279         4. Operating costs of new facilities adjustments, which
 6280  shall be provided, from funds available, for each new facility
 6281  that is owned by the college and is recommended in accordance
 6282  with s. 1013.31.
 6283         5. New and improved program enhancements, which shall be
 6284  determined by the Legislature.
 6285  
 6286  Student fees in the base budget plus student fee revenues
 6287  generated by increases in fee rates shall be deducted from the
 6288  sum of the components determined in subparagraphs 1.-5. The
 6289  amount remaining shall be the net annual state apportionment to
 6290  each college.
 6291         (c) A No Florida Community College System institution may
 6292  not shall commit funds for the employment of personnel or
 6293  resources in excess of those required to continue the same level
 6294  of support for either the previously approved enrollment or the
 6295  revised enrollment, whichever is lower.
 6296         (d) The apportionment to each Florida Community College
 6297  System institution district for capital outlay and debt service
 6298  shall be the amount determined in accordance with subsection
 6299  (2). This amount, less any amount determined as necessary for
 6300  administrative expense by the State Board of Education and any
 6301  amount necessary for debt service on bonds issued by the State
 6302  Board of Education, shall be transmitted to the Florida
 6303  Community College System institution board of trustees to be
 6304  expended in a manner prescribed by rules of the State Board of
 6305  Education.
 6306         (e) If at any time the unencumbered balance in the general
 6307  fund of the Florida Community College System institution board
 6308  of trustees approved operating budget goes below 5 percent, the
 6309  president shall provide written notification to the State Board
 6310  of Education.
 6311         (f) Expenditures for apprenticeship programs must shall be
 6312  reported separately.
 6313         (g) Expenditures for upper-division enrollment in a Florida
 6314  Community College System institution that grants baccalaureate
 6315  degrees must shall be reported separately from expenditures for
 6316  lower-division enrollment, in accordance with law and State
 6317  Board of Education rule.
 6318         (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated
 6319  herein to any Florida Community College System institution must
 6320  shall be expended only for the purpose of supporting that
 6321  Florida Community College System institution.
 6322         (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida
 6323  Community College System institution board of trustees shall
 6324  report, as a separate item in its annual cost accounting system,
 6325  the volume and cost of developmental education options provided
 6326  to help students attain the communication and computation skills
 6327  that are essential for college-level work pursuant to s.
 6328  1008.30.
 6329         Section 102. Section 1011.85, Florida Statutes, is amended
 6330  to read:
 6331         1011.85 Dr. Philip Benjamin Matching Grant Program for
 6332  Florida Community College System Institutions.—
 6333         (1) There is created the Dr. Philip Benjamin Matching Grant
 6334  Program for Florida Community College System Institutions as a
 6335  single matching gifts program that encompasses the goals
 6336  originally set out in the Academic Improvement Program, the
 6337  Scholarship Matching Program, and the Health Care Education
 6338  Quality Enhancement Challenge Grant. The program shall be
 6339  administered according to rules of the State Board of Community
 6340  Colleges Education and used to encourage private support in
 6341  enhancing Florida Community College System institutions by
 6342  providing the Florida Community College System with the
 6343  opportunity to receive and match challenge grants. Funds
 6344  received prior to the effective date of this act for each of the
 6345  three programs shall be retained in the separate account for
 6346  which it was designated.
 6347         (2) Each Florida Community College System institution board
 6348  of trustees receiving state appropriations under this program
 6349  shall approve each gift to ensure alignment with the unique
 6350  mission of the Florida Community College System institution. The
 6351  board of trustees must link all requests for a state match to
 6352  the goals and mission statement. The Florida Community College
 6353  System Institution Foundation Board receiving state
 6354  appropriations under this program shall approve each gift to
 6355  ensure alignment with its goals and mission statement. Funds
 6356  received from community events and festivals are not eligible
 6357  for state matching funds under this program.
 6358         (3) Upon approval by the Florida Community College System
 6359  institution board of trustees and the State Board of Community
 6360  Colleges Education, the ordering of donations for priority
 6361  listing of unmatched gifts should be determined by the
 6362  submitting Florida Community College System institution.
 6363         (4) Each year, eligible contributions received by a Florida
 6364  Community College System institution’s foundation or the State
 6365  Board of Community Colleges Education by February 1 shall be
 6366  eligible for state matching funds.
 6367         (a) Each Florida Community College System institution board
 6368  of trustees and, when applicable, the Florida Community College
 6369  System Institution Foundation Board, receiving state
 6370  appropriations under this program shall also certify in an
 6371  annual report to the State Board of Community Colleges Education
 6372  the receipt of eligible cash contributions that were previously
 6373  unmatched by the state. The State Board of Education shall adopt
 6374  rules providing all Florida Community College System
 6375  institutions with an opportunity to apply for excess funds
 6376  before the awarding of such funds.
 6377         (b) Florida Community College System institutions must
 6378  submit to the State Board of Community Colleges Education an
 6379  annual expenditure report tracking the use of all matching
 6380  funds.
 6381         (c) The audit of each foundation receiving state funds from
 6382  this program must include a certification of accuracy in the
 6383  amount reported for matching funds.
 6384         (5) The matching ratio for donations that are specifically
 6385  designated to support scholarships, including scholarships for
 6386  first-generation-in-college students, student loans, or need
 6387  based grants shall be $1 of state funds to $1 of local private
 6388  funds.
 6389         (6) Otherwise, funds must shall be proportionately
 6390  allocated to the Florida Community College System institutions
 6391  on the basis of matching each $6 of local or private funds with
 6392  $4 of state funds. To be eligible, a minimum of $4,500 must be
 6393  raised from private sources.
 6394         (7) The Florida Community College System institution board
 6395  of trustees, in conjunction with the donor, shall determine make
 6396  the determination of whether scholarships established pursuant
 6397  to this program are endowed.
 6398         (8)(a) Funds sufficient to provide the match shall be
 6399  transferred from the state appropriations to the local Florida
 6400  Community College System institution foundation or the statewide
 6401  Florida Community College System institution foundation upon
 6402  notification that a proportionate amount has been received and
 6403  deposited by a Florida Community College System institution in
 6404  its own trust fund.
 6405         (b) If state funds appropriated for the program are
 6406  insufficient to match contributions, the amount allocated must
 6407  shall be reduced in proportion to its share of the total
 6408  eligible contributions. However, in making proportional
 6409  reductions, every Florida Community College System institution
 6410  shall receive a minimum of $75,000 in state matching funds if
 6411  its eligible contributions would have generated an amount at
 6412  least equal to $75,000. All unmet contributions must shall be
 6413  eligible for state matching funds in subsequent fiscal years.
 6414         (9) Each Florida Community College System institution
 6415  entity shall establish its own matching grant program fund as a
 6416  depository for the private contributions and matching state
 6417  funds provided under this section. Florida Community College
 6418  System institution foundations are responsible for the
 6419  maintenance, investment, and administration of their matching
 6420  grant program funds.
 6421         (10) The State Board of Community Colleges Education may
 6422  receive submissions of requests for matching funds and
 6423  documentation relating to those requests, may approve requests
 6424  for matching funds, and may allocate such funds to the Florida
 6425  Community College System institutions.
 6426         (11) The board of trustees of the Florida Community College
 6427  System institution and the State Board of Community Colleges
 6428  Education are responsible for determining the uses for the
 6429  proceeds of their respective trust funds. Such use of the
 6430  proceeds shall include, but not be limited to, expenditure of
 6431  the funds for:
 6432         (a) Scientific and technical equipment.
 6433         (b) Scholarships, loans, or need-based grants.
 6434         (c) Other activities that will benefit future students as
 6435  well as students currently enrolled at the Florida Community
 6436  College System institution, will improve the quality of
 6437  education at the Florida Community College System institution,
 6438  or will enhance economic development in the community.
 6439         (12) Each Florida Community College System institution
 6440  shall notify all donors of private funds of a substantial delay
 6441  in the availability of state matching funds for this program.
 6442         (13) Effective July 1, 2011, state matching funds are
 6443  temporarily suspended for donations received for this program on
 6444  or after June 30, 2011. Existing eligible donations remain
 6445  eligible for future matching funds. The program may be restarted
 6446  after $200 million of the backlog for programs under this
 6447  section and ss. 1011.32, 1011.94, and 1013.79 have been matched.
 6448         Section 103. Subsection (1) of section 1012.01, Florida
 6449  Statutes, is amended to read:
 6450         1012.01 Definitions.—As used in this chapter, the following
 6451  terms have the following meanings:
 6452         (1) SCHOOL OFFICERS.—The officers of the state system of
 6453  public K-12 and Florida College System institution education
 6454  shall be the Commissioner of Education and the members of the
 6455  State Board of Education; for the Florida Community College
 6456  System, the officers shall be the Chancellor of the Florida
 6457  Community College System and the members of the State Board of
 6458  Community Colleges; for each district school system, the
 6459  officers shall be the district school superintendent and members
 6460  of the district school board; and for each Florida Community
 6461  College System institution, the officers shall be the Florida
 6462  Community College System institution president and members of
 6463  the Florida Community College System institution board of
 6464  trustees.
 6465         Section 104. Paragraph (a) of subsection (1) of section
 6466  1012.80, Florida Statutes, is amended to read:
 6467         1012.80 Participation by employees in disruptive activities
 6468  at public postsecondary educational institutions; penalties.—
 6469         (1)(a) Any person who accepts the privilege extended by the
 6470  laws of this state of employment at any Florida Community
 6471  College System institution shall, by working at such
 6472  institution, be deemed to have given his or her consent to the
 6473  policies of that institution, the policies of the State Board of
 6474  Community Colleges Education, and the laws of this state. Such
 6475  policies shall include prohibition against disruptive activities
 6476  at Florida Community College System institutions.
 6477         Section 105. Subsection (1) of section 1012.81, Florida
 6478  Statutes, is amended to read:
 6479         1012.81 Personnel records.—
 6480         (1) The State Board of Community Colleges Education shall
 6481  adopt rules prescribing the content and custody of limited
 6482  access records that a Florida Community College System
 6483  institution may maintain on its employees. Limited-access
 6484  employee records are confidential and exempt from the provisions
 6485  of s. 119.07(1). Limited-access records include only the
 6486  following:
 6487         (a) Records containing information reflecting academic
 6488  evaluations of employee performance; however, the employee and
 6489  officials of the institution responsible for supervision of the
 6490  employee shall have access to such records.
 6491         (b) Records maintained for the purposes of any
 6492  investigation of employee misconduct, including, but not limited
 6493  to, a complaint against an employee and all information obtained
 6494  pursuant to the investigation of such complaint; however, these
 6495  records become public after the investigation ceases to be
 6496  active or when the institution provides written notice to the
 6497  employee who is the subject of the complaint that the
 6498  institution has either:
 6499         1. Concluded the investigation with a finding not to
 6500  proceed with disciplinary action;
 6501         2. Concluded the investigation with a finding to proceed
 6502  with disciplinary action; or
 6503         3. Issued a letter of discipline.
 6504  
 6505  For the purpose of this paragraph, an investigation shall be
 6506  considered active as long as it is continuing with a reasonable,
 6507  good faith anticipation that a finding will be made in the
 6508  foreseeable future. An investigation shall be presumed to be
 6509  inactive if no finding is made within 90 days after the
 6510  complaint is filed.
 6511         Section 106. Subsection (1) of section 1012.83, Florida
 6512  Statutes, is amended to read:
 6513         1012.83 Contracts with administrative and instructional
 6514  staff.—
 6515         (1) Each person employed in an administrative or
 6516  instructional capacity in a Florida Community College System
 6517  institution shall be entitled to a contract as provided by rules
 6518  of the State Board of Community Colleges Education.
 6519         Section 107. Section 1012.855, Florida Statutes, is amended
 6520  to read:
 6521         1012.855 Employment of Florida Community College System
 6522  institution personnel; discrimination in granting salary
 6523  prohibited.—
 6524         (1)(a) Employment of all personnel in each Florida
 6525  Community College System institution shall be upon
 6526  recommendation of the president, subject to rejection for cause
 6527  by the Florida Community College System institution board of
 6528  trustees; to the rules of the State Board of Community Colleges
 6529  Education relative to certification, tenure, leaves of absence
 6530  of all types, including sabbaticals, remuneration, and such
 6531  other conditions of employment as the State Board of Community
 6532  Colleges Education deems necessary and proper; and to policies
 6533  of the Florida Community College System institution board of
 6534  trustees not inconsistent with law.
 6535         (b) Any internal auditor employed by a Florida Community
 6536  College System institution shall be hired by the Florida
 6537  Community College System institution board of trustees and shall
 6538  report directly to the board.
 6539         (2) Each Florida Community College System institution board
 6540  of trustees shall undertake a program to eradicate any
 6541  discrimination on the basis of gender, race, or physical
 6542  handicap in the granting of salaries to employees.
 6543         Section 108. Section 1012.86, Florida Statutes, is amended
 6544  to read:
 6545         1012.86 Florida Community College System institution
 6546  employment equity accountability program.—
 6547         (1) Each Florida Community College System institution shall
 6548  include in its annual equity update a plan for increasing the
 6549  representation of women and minorities in senior-level
 6550  administrative positions and in full-time faculty positions, and
 6551  for increasing the representation of women and minorities who
 6552  have attained continuing-contract status. Positions shall be
 6553  defined in the personnel data element directory of the
 6554  Department of Education. The plan must include specific
 6555  measurable goals and objectives, specific strategies and
 6556  timelines for accomplishing these goals and objectives, and
 6557  comparable national standards as provided by the Department of
 6558  Education. The goals and objectives shall be based on meeting or
 6559  exceeding comparable national standards and shall be reviewed
 6560  and recommended by the State Board of Community Colleges
 6561  Education as appropriate. Such plans shall be maintained until
 6562  appropriate representation has been achieved and maintained for
 6563  at least 3 consecutive reporting years.
 6564         (2)(a) On or before May 1 of each year, each Florida
 6565  Community College System institution president shall submit an
 6566  annual employment accountability plan to the Chancellor of the
 6567  Florida Community College System and the State Board of
 6568  Community Colleges Commissioner of Education and the State Board
 6569  of Education. The accountability plan must show faculty and
 6570  administrator employment data according to requirements
 6571  specified on the federal Equal Employment Opportunity (EE0-6)
 6572  report.
 6573         (b) The plan must show the following information for those
 6574  positions including, but not limited to:
 6575         1. Job classification title.
 6576         2. Gender.
 6577         3. Ethnicity.
 6578         4. Appointment status.
 6579         5. Salary information. At each Florida Community College
 6580  System institution, salary information shall also include the
 6581  salary ranges in which new hires were employed compared to the
 6582  salary ranges for employees with comparable experience and
 6583  qualifications.
 6584         6. Other comparative information including, but not limited
 6585  to, composite information regarding the total number of
 6586  positions within the particular job title classification for the
 6587  Florida Community College System institution by race, gender,
 6588  and salary range compared to the number of new hires.
 6589         7. A statement certifying diversity and balance in the
 6590  gender and ethnic composition of the selection committee for
 6591  each vacancy, including a brief description of guidelines used
 6592  for ensuring balanced and diverse membership on selection and
 6593  review committees.
 6594         (c) The annual employment accountability plan shall also
 6595  include an analysis and an assessment of the Florida Community
 6596  College System institution’s attainment of annual goals and of
 6597  long-range goals for increasing the number of women and
 6598  minorities in faculty and senior-level administrative positions,
 6599  and a corrective action plan for addressing underrepresentation.
 6600         (d) Each Florida Community College System institution’s
 6601  employment accountability plan must also include:
 6602         1. The requirements for receiving a continuing contract.
 6603         2. A brief description of the process used to grant
 6604  continuing-contract status.
 6605         3. A brief description of the process used to annually
 6606  apprise each eligible faculty member of progress toward
 6607  attainment of continuing-contract status.
 6608         (3) Florida Community College System institution presidents
 6609  and the heads of each major administrative division shall be
 6610  evaluated annually on the progress made toward meeting the goals
 6611  and objectives of the Florida Community College System
 6612  institution’s employment accountability plan.
 6613         (a) The Florida Community College System institution
 6614  presidents, or the presidents’ designees, shall annually
 6615  evaluate each department chairperson, dean, provost, and vice
 6616  president in achieving the annual and long-term goals and
 6617  objectives. A summary of the results of such evaluations shall
 6618  be reported annually by the Florida Community College System
 6619  institution president to the Florida Community College System
 6620  institution board of trustees. Annual budget allocations by the
 6621  Florida Community College System institution board of trustees
 6622  for positions and funding must take into consideration these
 6623  evaluations.
 6624         (b) Florida Community College System institution boards of
 6625  trustees shall annually evaluate the performance of the Florida
 6626  Community College System institution presidents in achieving the
 6627  annual and long-term goals and objectives. A summary of the
 6628  results of such evaluations shall be reported to the State Board
 6629  of Community Colleges Commissioner of Education and the State
 6630  Board of Education as part of the Florida Community College
 6631  System institution’s annual employment accountability plan, and
 6632  to the Legislature as part of the annual equity progress report
 6633  submitted by the State Board of Community Colleges Education.
 6634         (4) The State Board of Community Colleges Education shall
 6635  submit an annual equity progress report to the President of the
 6636  Senate and the Speaker of the House of Representatives on or
 6637  before January 1 of each year.
 6638         (5) Each Florida Community College System institution shall
 6639  develop a budgetary incentive plan to support and ensure
 6640  attainment of the goals developed pursuant to this section. The
 6641  plan shall specify, at a minimum, how resources shall be
 6642  allocated to support the achievement of goals and the
 6643  implementation of strategies in a timely manner. After prior
 6644  review and approval by the Florida Community College System
 6645  institution president and the Florida Community College System
 6646  institution board of trustees, the plan shall be submitted as
 6647  part of the annual employment accountability plan submitted by
 6648  each Florida Community College System institution to the State
 6649  Board of Community Colleges Education.
 6650         (6) Subject to available funding, the Legislature shall
 6651  provide an annual appropriation to the State Board of Community
 6652  Colleges Education to be allocated to Florida Community College
 6653  System institution presidents, faculty, and administrative
 6654  personnel to further enhance equity initiatives and related
 6655  priorities that support the mission of colleges and departments
 6656  in recognition of the attainment of the equity goals and
 6657  objectives.
 6658         Section 109. Subsection (3) of section 1013.01, Florida
 6659  Statutes, is amended to read:
 6660         1013.01 Definitions.—The following terms shall be defined
 6661  as follows for the purpose of this chapter:
 6662         (3) “Board,” unless otherwise specified, means a district
 6663  school board, a Florida Community College System institution
 6664  board of trustees, a university board of trustees, and the Board
 6665  of Trustees for the Florida School for the Deaf and the Blind.
 6666  The term “board” does not include the State Board of Education,
 6667  or the Board of Governors, or the State Board of Community
 6668  Colleges.
 6669         Section 110. Subsection (2) of section 1013.02, Florida
 6670  Statutes, is amended to read:
 6671         1013.02 Purpose; rules and regulations.—
 6672         (2)(a) The State Board of Education shall adopt rules
 6673  pursuant to ss. 120.536(1) and 120.54 to implement the
 6674  provisions of this chapter for school districts and Florida
 6675  College System institutions.
 6676         (b) The Board of Governors shall adopt regulations pursuant
 6677  to its regulation development procedure to implement the
 6678  provisions of this chapter for state universities.
 6679         (c) The State Board of Community Colleges shall adopt rules
 6680  pursuant to ss. 120.536(1) and 120.54 to implement this chapter
 6681  for Florida Community College System institutions.
 6682         Section 111. Section 1013.03, Florida Statutes, is amended
 6683  to read:
 6684         1013.03 Functions of the department, the State Board of
 6685  Community Colleges, and the Board of Governors.—The functions of
 6686  the Department of Education as it pertains to educational
 6687  facilities of school districts, of the State Board of Community
 6688  Colleges as it pertains to educational facilities of and Florida
 6689  Community College System institutions, and of the Board of
 6690  Governors as it pertains to educational facilities of state
 6691  universities shall include, but not be limited to, the
 6692  following:
 6693         (1) Establish recommended minimum and maximum square
 6694  footage standards for different functions and areas and
 6695  procedures for determining the gross square footage for each
 6696  educational facility to be funded in whole or in part by the
 6697  state, including public broadcasting stations but excluding
 6698  postsecondary special purpose laboratory space. The gross square
 6699  footage determination standards may be exceeded when the core
 6700  facility space of an educational facility is constructed or
 6701  renovated to accommodate the future addition of classrooms to
 6702  meet projected increases in student enrollment. The department,
 6703  the State Board of Community Colleges, and the Board of
 6704  Governors shall encourage multiple use of facilities and spaces
 6705  in educational plants.
 6706         (2) Establish, for the purpose of determining need,
 6707  equitably uniform utilization standards for all types of like
 6708  space, regardless of the level of education. These standards
 6709  shall also establish, for postsecondary education classrooms, a
 6710  minimum room utilization rate of 40 hours per week and a minimum
 6711  station utilization rate of 60 percent. These rates shall be
 6712  subject to increase based on national norms for utilization of
 6713  postsecondary education classrooms.
 6714         (3) Require boards to submit other educational plant
 6715  inventories data and statistical data or information relevant to
 6716  construction, capital improvements, and related costs.
 6717         (4) Require each board and other appropriate agencies to
 6718  submit complete and accurate financial data as to the amounts of
 6719  funds from all sources that are available and spent for
 6720  construction and capital improvements. The commissioner shall
 6721  prescribe the format and the date for the submission of this
 6722  data and any other educational facilities data. If any district
 6723  does not submit the required educational facilities fiscal data
 6724  by the prescribed date, the Commissioner of Education shall
 6725  notify the district school board of this fact and, if
 6726  appropriate action is not taken to immediately submit the
 6727  required report, the district school board shall be directed to
 6728  proceed pursuant to s. 1001.42(13)(b). If any Florida Community
 6729  College System institution or university does not submit the
 6730  required educational facilities fiscal data by the prescribed
 6731  date, the same policy prescribed in this subsection for school
 6732  districts shall be implemented.
 6733         (5) Administer, under the supervision of the Commissioner
 6734  of Education, the Public Education Capital Outlay and Debt
 6735  Service Trust Fund and the School District and Community College
 6736  District Capital Outlay and Debt Service Trust Fund.
 6737         (6) Develop, review, update, revise, and recommend a
 6738  mandatory portion of the Florida Building Code for educational
 6739  facilities construction and capital improvement by Florida
 6740  Community College System institution boards and district school
 6741  boards.
 6742         (7) Provide training, technical assistance, and building
 6743  code interpretation for requirements of the mandatory Florida
 6744  Building Code for the educational facilities construction and
 6745  capital improvement programs of the Florida College System
 6746  institution boards and district school boards and, upon request,
 6747  approve phase III construction documents for remodeling,
 6748  renovation, or new construction of educational plants or
 6749  ancillary facilities, except that Florida Community College
 6750  System institutions and university boards of trustees shall
 6751  approve specifications and construction documents for their
 6752  respective institutions pursuant to guidelines of the Board of
 6753  Governors or State Board of Community Colleges, as applicable.
 6754  The Department of Management Services may, upon request, provide
 6755  similar services for the Florida School for the Deaf and the
 6756  Blind and shall use the Florida Building Code and the Florida
 6757  Fire Prevention Code.
 6758         (8) Provide minimum criteria, procedures, and training to
 6759  boards to conduct educational plant surveys and document the
 6760  determination of future needs.
 6761         (9) Make available to boards technical assistance,
 6762  awareness training, and research and technical publications
 6763  relating to lifesafety, casualty, sanitation, environmental,
 6764  maintenance, and custodial issues; and, as needed, technical
 6765  assistance for survey, planning, design, construction,
 6766  operation, and evaluation of educational and ancillary
 6767  facilities and plants, facilities administrative procedures
 6768  review, and training for new administrators.
 6769         (10)(a) Review and validate surveys proposed or amended by
 6770  the boards and recommend to the Commissioner of Education, the
 6771  Chancellor of the Florida Community College System, or the
 6772  Chancellor of the State University System, as appropriate, for
 6773  approval, surveys that meet the requirements of this chapter.
 6774         1. The term “validate” as applied to surveys by school
 6775  districts means to review inventory data as submitted to the
 6776  department by district school boards; provide for review and
 6777  inspection, where required, of student stations and aggregate
 6778  square feet of inventory changed from satisfactory to
 6779  unsatisfactory or changed from unsatisfactory to satisfactory;
 6780  compare new school inventory to allocation limits provided by
 6781  this chapter; review cost projections for conformity with cost
 6782  limits set by s. 1013.64(6); compare total capital outlay full
 6783  time equivalent enrollment projections in the survey with the
 6784  department’s projections; review facilities lists to verify that
 6785  student station and auxiliary facility space allocations do not
 6786  exceed the limits provided by this chapter and related rules;
 6787  review and confirm the application of uniform facility
 6788  utilization factors, where provided by this chapter or related
 6789  rules; use utilize the documentation of programs offered per
 6790  site, as submitted by the board, to analyze facility needs;
 6791  confirm that need projections for career and adult educational
 6792  programs comply with needs documented by the Department of
 6793  Education; and confirm the assignment of full-time student
 6794  stations to all space except auxiliary facilities, which, for
 6795  purposes of exemption from student station assignment, include
 6796  the following:
 6797         a. Cafeterias.
 6798         b. Multipurpose dining areas.
 6799         c. Media centers.
 6800         d. Auditoriums.
 6801         e. Administration.
 6802         f. Elementary, middle, and high school resource rooms, up
 6803  to the number of such rooms recommended for the applicable
 6804  occupant and space design capacity of the educational plant in
 6805  the State Requirements for Educational Facilities, beyond which
 6806  student stations must be assigned.
 6807         g. Elementary school skills labs, up to the number of such
 6808  rooms recommended for the applicable occupant and space design
 6809  capacity of the educational plant in the State Requirements for
 6810  Educational Facilities, beyond which student stations must be
 6811  assigned.
 6812         h. Elementary school art and music rooms.
 6813  
 6814  The Commissioner of Education may grant a waiver from the
 6815  requirements of this subparagraph if a district school board
 6816  determines that such waiver will make possible a substantial
 6817  savings of funds or will be advantageous to the welfare of the
 6818  educational system. The district school board shall present a
 6819  full statement to the commissioner which sets forth the facts
 6820  that warrant the waiver. If the commissioner denies a request
 6821  for a waiver, the district school board may appeal such decision
 6822  to the State Board of Education.
 6823         2. The term “validate” as applied to surveys by Florida
 6824  Community College System institutions and universities means to
 6825  review and document the approval of each new site and official
 6826  designation, where applicable; review the inventory database as
 6827  submitted by each board to the department, including noncareer,
 6828  and total capital outlay full-time equivalent enrollment
 6829  projections per site and per college; provide for the review and
 6830  inspection, where required, of student stations and aggregate
 6831  square feet of space changed from satisfactory to
 6832  unsatisfactory; use utilize and review the documentation of
 6833  programs offered per site submitted by the boards as accurate
 6834  for analysis of space requirements and needs; confirm that needs
 6835  projected for career and adult educational programs comply with
 6836  needs documented by the Department of Education; compare new
 6837  facility inventory to allocations limits as provided in this
 6838  chapter; review cost projections for conformity with state
 6839  averages or limits designated by this chapter; compare student
 6840  enrollment projections in the survey to the department’s
 6841  projections; review facilities lists to verify that area
 6842  allocations and space factors for generating space needs do not
 6843  exceed the limits as provided by this chapter and related rules;
 6844  confirm the application of facility utilization factors as
 6845  provided by this chapter and related rules; and review, as
 6846  submitted, documentation of how survey recommendations will
 6847  implement the detail of current campus master plans and
 6848  integrate with local comprehensive plans and development
 6849  regulations.
 6850         (b) Recommend priority of projects to be funded.
 6851         (11) Prepare the commissioner’s comprehensive fixed capital
 6852  outlay legislative budget request and provide annually an
 6853  estimate of the funds available for developing required 3-year
 6854  priority lists. This amount shall be based upon the average
 6855  percentage for the 5 prior years of funds appropriated by the
 6856  Legislature for fixed capital outlay to each level of public
 6857  education: public schools, Florida Community College System
 6858  institutions, and universities.
 6859         (12) Perform any other functions that may be involved in
 6860  educational facilities construction and capital improvement
 6861  which shall ensure that the intent of the Legislature is
 6862  implemented.
 6863         Section 112. Section 1013.28, Florida Statutes, is amended
 6864  to read:
 6865         1013.28 Disposal of property.—
 6866         (1) REAL PROPERTY.—
 6867         (a) Subject to rules of the State Board of Education, a
 6868  district school board or, the Board of Trustees for the Florida
 6869  School for the Deaf and the Blind, or a Florida College System
 6870  institution board of trustees may dispose of any land or real
 6871  property to which the board holds title which is, by resolution
 6872  of the board, determined to be unnecessary for educational
 6873  purposes as recommended in an educational plant survey. A
 6874  district school board or, the Board of Trustees for the Florida
 6875  School for the Deaf and the Blind, or a Florida College System
 6876  institution board of trustees shall take diligent measures to
 6877  dispose of educational property only in the best interests of
 6878  the public. However, appraisals may be obtained by the district
 6879  school board or, the Board of Trustees for the Florida School
 6880  for the Deaf and the Blind before, or the Florida College System
 6881  institution board of trustees prior to or simultaneously with
 6882  the receipt of bids.
 6883         (b) Subject to regulations of the Board of Governors, a
 6884  state university board of trustees may dispose of any land or
 6885  real property to which it holds valid title which is, by
 6886  resolution of the state university board of trustees, determined
 6887  to be unnecessary for educational purposes as recommended in an
 6888  educational plant survey. A state university board of trustees
 6889  shall take diligent measures to dispose of educational property
 6890  only in the best interests of the public. However, appraisals
 6891  may be obtained by the state university board of trustees prior
 6892  to or simultaneously with the receipt of bids.
 6893         (c) Subject to rules of the State Board of Community
 6894  Colleges, a Florida Community College System institution board
 6895  of trustees may dispose of any land or real property to which it
 6896  holds valid title which is, by resolution of the Florida
 6897  Community College System institution board of trustees,
 6898  determined to be unnecessary for educational purposes as
 6899  recommended in an educational plant survey. A Florida Community
 6900  College System institution board of trustees shall take diligent
 6901  measures to dispose of educational property only in the best
 6902  interests of the public. However, appraisals may be obtained by
 6903  the Florida Community College System institution board of
 6904  trustees prior to or simultaneously with the receipt of bids.
 6905         (2) TANGIBLE PERSONAL PROPERTY.—
 6906         (a) Tangible personal property that has been properly
 6907  classified as surplus by a district school board or Florida
 6908  College System institution board of trustees shall be disposed
 6909  of in accordance with the procedure established by chapter 274.
 6910  However, the provisions of chapter 274 shall not be applicable
 6911  to a motor vehicle used in driver education to which title is
 6912  obtained for a token amount from an automobile dealer or
 6913  manufacturer. In such cases, the disposal of the vehicle shall
 6914  be as prescribed in the contractual agreement between the
 6915  automotive agency or manufacturer and the board.
 6916         (b) Tangible personal property that has been properly
 6917  classified as surplus by a state university board of trustees
 6918  shall be disposed of in accordance with the procedure
 6919  established by chapter 273.
 6920         (c) Tangible personal property that has been properly
 6921  classified as surplus by a Florida Community College System
 6922  institution board of trustees shall be disposed of in accordance
 6923  with the procedure established by chapter 273.
 6924         Section 113. Subsection (1) of section 1013.31, Florida
 6925  Statutes, is amended to read:
 6926         1013.31 Educational plant survey; localized need
 6927  assessment; PECO project funding.—
 6928         (1) At least every 5 years, each board shall arrange for an
 6929  educational plant survey, to aid in formulating plans for
 6930  housing the educational program and student population, faculty,
 6931  administrators, staff, and auxiliary and ancillary services of
 6932  the district or campus, including consideration of the local
 6933  comprehensive plan. The Department of Education, for school
 6934  districts, and the State Board of Community Colleges, for the
 6935  Florida Community College System, shall document the need for
 6936  additional career and adult education programs and the
 6937  continuation of existing programs before facility construction
 6938  or renovation related to career or adult education may be
 6939  included in the educational plant survey of a school district or
 6940  Florida Community College System institution that delivers
 6941  career or adult education programs. Information used by the
 6942  Department of Education or State Board of Community Colleges to
 6943  establish facility needs must include, but need not be limited
 6944  to, labor market data, needs analysis, and information submitted
 6945  by the school district or Florida Community College System
 6946  institution.
 6947         (a) Survey preparation and required data.—Each survey shall
 6948  be conducted by the board or an agency employed by the board.
 6949  Surveys shall be reviewed and approved by the board, and a file
 6950  copy shall be submitted to the Department of Education, the
 6951  Chancellor of the Florida Community College System, or the
 6952  Chancellor of the State University System, as appropriate. The
 6953  survey report shall include at least an inventory of existing
 6954  educational and ancillary plants, including safe access
 6955  facilities; recommendations for existing educational and
 6956  ancillary plants; recommendations for new educational or
 6957  ancillary plants, including the general location of each in
 6958  coordination with the land use plan and safe access facilities;
 6959  campus master plan update and detail for Florida Community
 6960  College System institutions; the use utilization of school
 6961  plants based on an extended school day or year-round operation;
 6962  and such other information as may be required by the Department
 6963  of Education. This report may be amended, if conditions warrant,
 6964  at the request of the department or commissioner.
 6965         (b) Required need assessment criteria for district, Florida
 6966  Community College System institution, state university, and
 6967  Florida School for the Deaf and the Blind plant surveys.
 6968  Educational plant surveys must use uniform data sources and
 6969  criteria specified in this paragraph. Each revised educational
 6970  plant survey and each new educational plant survey supersedes
 6971  previous surveys.
 6972         1. The school district’s survey must be submitted as a part
 6973  of the district educational facilities plan defined in s.
 6974  1013.35. To ensure that the data reported to the Department of
 6975  Education as required by this section is correct, the department
 6976  shall annually conduct an onsite review of 5 percent of the
 6977  facilities reported for each school district completing a new
 6978  survey that year. If the department’s review finds the data
 6979  reported by a district is less than 95 percent accurate, within
 6980  1 year from the time of notification by the department the
 6981  district must submit revised reports correcting its data. If a
 6982  district fails to correct its reports, the commissioner may
 6983  direct that future fixed capital outlay funds be withheld until
 6984  such time as the district has corrected its reports so that they
 6985  are not less than 95 percent accurate.
 6986         2. Each survey of a special facility, joint-use facility,
 6987  or cooperative career education facility must be based on
 6988  capital outlay full-time equivalent student enrollment data
 6989  prepared by the department for school districts and Florida
 6990  Community College System institutions and by the Chancellor of
 6991  the State University System for universities. A survey of space
 6992  needs of a joint-use facility shall be based upon the respective
 6993  space needs of the school districts, Florida Community College
 6994  System institutions, and universities, as appropriate.
 6995  Projections of a school district’s facility space needs may not
 6996  exceed the norm space and occupant design criteria established
 6997  by the State Requirements for Educational Facilities.
 6998         3. Each Florida Community College System institution’s
 6999  survey must reflect the capacity of existing facilities as
 7000  specified in the inventory maintained and validated by the
 7001  Chancellor of the Florida Community College System by the
 7002  Department of Education. Projections of facility space needs
 7003  must comply with standards for determining space needs as
 7004  specified by rule of the State Board of Community Colleges
 7005  Education. The 5-year projection of capital outlay student
 7006  enrollment must be consistent with the annual report of capital
 7007  outlay full-time student enrollment prepared by the Department
 7008  of Education.
 7009         4. Each state university’s survey must reflect the capacity
 7010  of existing facilities as specified in the inventory maintained
 7011  and validated by the Chancellor of the State University System.
 7012  Projections of facility space needs must be consistent with
 7013  standards for determining space needs as specified by regulation
 7014  of the Board of Governors. The projected capital outlay full
 7015  time equivalent student enrollment must be consistent with the
 7016  5-year planned enrollment cycle for the State University System
 7017  approved by the Board of Governors.
 7018         5. The district educational facilities plan of a school
 7019  district and the educational plant survey of a Florida Community
 7020  College System institution, state university, or the Florida
 7021  School for the Deaf and the Blind may include space needs that
 7022  deviate from approved standards for determining space needs if
 7023  the deviation is justified by the district or institution and
 7024  approved by the department, the State Board of Community
 7025  Colleges, or the Board of Governors, as appropriate, as
 7026  necessary for the delivery of an approved educational program.
 7027         (c) Review and validation.—The Department of Education
 7028  shall review and validate the surveys of school districts, the
 7029  Chancellor of the Florida Community College System shall review
 7030  and validate the surveys of and Florida Community College System
 7031  institutions, and the Chancellor of the State University System
 7032  shall review and validate the surveys of universities, and any
 7033  amendments thereto for compliance with the requirements of this
 7034  chapter and shall recommend those in compliance for approval by
 7035  the State Board of Education, the State Board of Community
 7036  Colleges, or the Board of Governors, as appropriate. Annually,
 7037  the department shall perform an in-depth analysis of a
 7038  representative sample of each survey of recommended needs for
 7039  five districts selected by the commissioner from among districts
 7040  with the largest need-to-revenue ratio. For the purpose of this
 7041  subsection, the need-to-revenue ratio is determined by dividing
 7042  the total 5-year cost of projects listed on the district survey
 7043  by the total 5-year fixed capital outlay revenue projections
 7044  from state and local sources as determined by the department.
 7045  The commissioner may direct fixed capital outlay funds to be
 7046  withheld from districts until such time as the survey accurately
 7047  projects facilities needs.
 7048         (d) Periodic update of Florida Inventory of School Houses.
 7049  School districts shall periodically update their inventory of
 7050  educational facilities as new capacity becomes available and as
 7051  unsatisfactory space is eliminated. The State Board of Education
 7052  shall adopt rules to determine the timeframe in which districts
 7053  must provide a periodic update.
 7054         Section 114. Subsections (1) and (3) of section 1013.36,
 7055  Florida Statutes, are amended to read:
 7056         1013.36 Site planning and selection.—
 7057         (1) Before acquiring property for sites, each district
 7058  school board and Florida Community College System institution
 7059  board of trustees shall determine the location of proposed
 7060  educational centers or campuses. In making this determination,
 7061  the board shall consider existing and anticipated site needs and
 7062  the most economical and practicable locations of sites. The
 7063  board shall coordinate with the long-range or comprehensive
 7064  plans of local, regional, and state governmental agencies to
 7065  assure the consistency of such plans. Boards are encouraged to
 7066  locate district educational facilities proximate to urban
 7067  residential areas to the extent possible, and shall seek to
 7068  collocate district educational facilities with other public
 7069  facilities, such as parks, libraries, and community centers, to
 7070  the extent possible and to encourage using elementary schools as
 7071  focal points for neighborhoods.
 7072         (3) Sites recommended for purchase or purchased must meet
 7073  standards prescribed in law and such supplementary standards as
 7074  the State Board of Education or State Board of Community
 7075  Colleges, as appropriate, prescribes to promote the educational
 7076  interests of the students. Each site must be well drained and
 7077  suitable for outdoor educational purposes as appropriate for the
 7078  educational program or collocated with facilities to serve this
 7079  purpose. As provided in s. 333.03, the site must not be located
 7080  within any path of flight approach of any airport. Insofar as is
 7081  practicable, the site must not adjoin a right-of-way of any
 7082  railroad or through highway and must not be adjacent to any
 7083  factory or other property from which noise, odors, or other
 7084  disturbances, or at which conditions, would be likely to
 7085  interfere with the educational program. To the extent
 7086  practicable, sites must be chosen which will provide safe access
 7087  from neighborhoods to schools.
 7088         Section 115. Subsections (3) and (4) of section 1013.37,
 7089  Florida Statutes, are amended to read:
 7090         1013.37 State uniform building code for public educational
 7091  facilities construction.—
 7092         (3) REVIEW PROCEDURE.—The Commissioner of Education and the
 7093  Chancellor of the Florida Community College System, as
 7094  appropriate, shall cooperate with the Florida Building
 7095  Commission in addressing all questions, disputes, or
 7096  interpretations involving the provisions of the Florida Building
 7097  Code which govern the construction of public educational and
 7098  ancillary facilities, and any objections to decisions made by
 7099  the inspectors or the department must be submitted in writing.
 7100         (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The
 7101  department, for school districts, and the State Board of
 7102  Community Colleges, for Florida Community College System
 7103  institutions, shall biennially review and recommend to the
 7104  Florida Building Commission updates and revisions to the
 7105  provisions of the Florida Building Code which govern the
 7106  construction of public educational and ancillary facilities. The
 7107  department, for school districts, and the State Board of
 7108  Community Colleges, for Florida Community College System
 7109  institutions, shall publish and make available to each board at
 7110  no cost copies of the State Requirements for Educational
 7111  Facilities and each amendment and revision thereto. The
 7112  department and state board shall make additional copies
 7113  available to all interested persons at a price sufficient to
 7114  recover costs.
 7115         Section 116. Section 1013.40, Florida Statutes, is amended
 7116  to read:
 7117         1013.40 Planning and construction of Florida Community
 7118  College System institution facilities; property acquisition.—
 7119         (1) The need for Florida Community College System
 7120  institution facilities shall be established by a survey
 7121  conducted pursuant to this chapter. The facilities recommended
 7122  by such survey must be approved by the State Board of Community
 7123  Colleges Education, and the projects must be constructed
 7124  according to the provisions of this chapter and State Board of
 7125  Community Colleges Education rules.
 7126         (2) A No Florida Community College System institution may
 7127  not expend public funds for the acquisition of additional
 7128  property without the specific approval of the Legislature.
 7129         (3) A No facility may not be acquired or constructed by a
 7130  Florida Community College System institution or its direct
 7131  support organization if such facility requires general revenue
 7132  funds for operation or maintenance upon project completion or in
 7133  subsequent years of operation, unless prior approval is received
 7134  from the Legislature.
 7135         (4) The campus of a Florida Community College System
 7136  institution within a municipality designated as an area of
 7137  critical state concern, as defined in s. 380.05, and having a
 7138  comprehensive plan and land development regulations containing a
 7139  building permit allocation system that limits annual growth, may
 7140  construct dormitories for up to 300 beds for Florida Community
 7141  College System institution students. Such dormitories are exempt
 7142  from the building permit allocation system and may be
 7143  constructed up to 45 feet in height if the dormitories are
 7144  otherwise consistent with the comprehensive plan, the Florida
 7145  Community College System institution has a hurricane evacuation
 7146  plan that requires all dormitory occupants to be evacuated 48
 7147  hours in advance of tropical force winds, and transportation is
 7148  provided for dormitory occupants during an evacuation. State
 7149  funds and tuition and fee revenues may not be used for
 7150  construction, debt service payments, maintenance, or operation
 7151  of such dormitories. Additional dormitory beds constructed after
 7152  July 1, 2016, may not be financed through the issuance of a
 7153  bond.
 7154         Section 117. Section 1013.47, Florida Statutes, is amended
 7155  to read:
 7156         1013.47 Substance of contract; contractors to give bond;
 7157  penalties.—Each board shall develop contracts consistent with
 7158  this chapter and statutes governing public facilities. Such a
 7159  contract must contain the drawings and specifications of the
 7160  work to be done and the material to be furnished, the time limit
 7161  in which the construction is to be completed, the time and
 7162  method by which payments are to be made upon the contract, and
 7163  the penalty to be paid by the contractor for a failure to comply
 7164  with the terms of the contract. The board may require the
 7165  contractor to pay a penalty for any failure to comply with the
 7166  terms of the contract and may provide an incentive for early
 7167  completion. Upon accepting a satisfactory bid, the board shall
 7168  enter into a contract with the party or parties whose bid has
 7169  been accepted. The contractor shall furnish the board with a
 7170  performance and payment bond as set forth in s. 255.05. A board
 7171  or other public entity may not require a contractor to secure a
 7172  surety bond under s. 255.05 from a specific agent or bonding
 7173  company. A person, firm, or corporation that constructs any part
 7174  of any educational plant, or addition thereto, on the basis of
 7175  any unapproved plans or in violation of any plans approved in
 7176  accordance with the provisions of this chapter and rules of the
 7177  State Board of Education or State Board of Community Colleges or
 7178  regulations of the Board of Governors relating to building
 7179  standards or specifications is subject to forfeiture of the
 7180  surety bond and unpaid compensation in an amount sufficient to
 7181  reimburse the board for any costs that will need to be incurred
 7182  in making any changes necessary to assure that all requirements
 7183  are met and is also guilty of a misdemeanor of the second
 7184  degree, punishable as provided in s. 775.082 or s. 775.083, for
 7185  each separate violation.
 7186         Section 118. Section 1013.52, Florida Statutes, is amended
 7187  to read:
 7188         1013.52 Cooperative development and joint use of facilities
 7189  by two or more boards.—
 7190         (1) Two or more boards, including district school boards,
 7191  Florida Community College System institution boards of trustees,
 7192  the Board of Trustees for the Florida School for the Deaf and
 7193  the Blind, and university boards of trustees, desiring to
 7194  cooperatively establish a common educational facility to
 7195  accommodate students shall:
 7196         (a) Jointly request a formal assessment by the Commissioner
 7197  of Education, or the Chancellor of the State University System,
 7198  or the Chancellor of the State Board of Community Colleges, as
 7199  appropriate, of the academic program need and the need to build
 7200  new joint-use facilities to house approved programs. Completion
 7201  of the assessment and approval of the project by the State Board
 7202  of Education, the State Board of Community Colleges, the
 7203  Chancellor of the Florida Community College System, the Board of
 7204  Governors, the Chancellor of the State University System, or the
 7205  Commissioner of Education, as appropriate, should be done prior
 7206  to conducting an educational facilities survey.
 7207         (b) Demonstrate the need for construction of new joint-use
 7208  facilities involving postsecondary institutions by those
 7209  institutions presenting evidence of the presence of sufficient
 7210  actual full-time equivalent enrollments in the locale in leased,
 7211  rented, or borrowed spaces to justify the requested facility for
 7212  the programs identified in the formal assessment rather than
 7213  using projected or anticipated future full-time equivalent
 7214  enrollments as justification. If the decision is made to
 7215  construct new facilities to meet this demonstrated need, then
 7216  building plans should consider full-time equivalent enrollment
 7217  growth facilitated by this new construction and subsequent new
 7218  program offerings made possible by the existence of the new
 7219  facilities.
 7220         (c) Adopt and submit to the Commissioner of Education, the
 7221  Chancellor of the Florida Community College System, or and the
 7222  Chancellor of the State University System, as appropriate, if
 7223  the joint request involves a state university, a joint
 7224  resolution of the participating boards indicating their
 7225  commitment to the utilization of the requested facility and
 7226  designating the locale of the proposed facility. The joint
 7227  resolution shall contain a statement of determination by the
 7228  participating boards that alternate options, including the use
 7229  of leased, rented, or borrowed space, were considered and found
 7230  less appropriate than construction of the proposed facility. The
 7231  joint resolution shall contain assurance that the development of
 7232  the proposed facility has been examined in conjunction with the
 7233  programs offered by neighboring public educational facilities
 7234  offering instruction at the same level. The joint resolution
 7235  also shall contain assurance that each participating board shall
 7236  provide for continuity of educational progression. All joint
 7237  resolutions shall be submitted by August 1 for consideration of
 7238  funding by the subsequent Legislature.
 7239         (d) Submit requests for funding of joint-use facilities
 7240  projects involving state universities and Florida Community
 7241  College System institutions for approval by the Chancellor of
 7242  the Florida Community College System Commissioner of Education
 7243  and the Chancellor of the State University System. The
 7244  Chancellor of the Florida Community College System Commissioner
 7245  of Education and the Chancellor of the State University System
 7246  shall jointly determine the priority for funding these projects
 7247  in relation to the priority of all other capital outlay projects
 7248  under their consideration. To be eligible for funding from the
 7249  Public Education Capital Outlay and Debt Service Trust Fund
 7250  under the provisions of this section, projects involving both
 7251  state universities and Florida Community College System
 7252  institutions shall appear on the 3-year capital outlay priority
 7253  lists of Florida Community College System institutions and of
 7254  universities required by s. 1013.64. Projects involving a state
 7255  university, a Florida Community College System institution, and
 7256  a public school, and in which the larger share of the proposed
 7257  facility is for the use of the state university or the Florida
 7258  Community College System institution, shall appear on the 3-year
 7259  capital outlay priority lists of the Florida Community College
 7260  System institutions or of the universities, as applicable.
 7261         (e) Include in their joint resolution for the joint-use
 7262  facilities, comprehensive plans for the operation and management
 7263  of the facility upon completion. Institutional responsibilities
 7264  for specific functions shall be identified, including
 7265  designation of one participating board as sole owner of the
 7266  facility. Operational funding arrangements shall be clearly
 7267  defined.
 7268         (2) An educational plant survey must be conducted within 90
 7269  days after submission of the joint resolution and substantiating
 7270  data describing the benefits to be obtained, the programs to be
 7271  offered, and the estimated cost of the proposed project. Upon
 7272  completion of the educational plant survey, the participating
 7273  boards may include the recommended projects in their plan as
 7274  provided in s. 1013.31. Upon approval of the project by the
 7275  commissioner, the Chancellor of the Florida Community College
 7276  System, or the Chancellor of the State University System, as
 7277  appropriate, 25 percent of the total cost of the project, or the
 7278  pro rata share based on space utilization of 25 percent of the
 7279  cost, must be included in the department’s legislative capital
 7280  outlay budget request as provided in s. 1013.60 for educational
 7281  plants. The participating boards must include in their joint
 7282  resolution a commitment to finance the remaining funds necessary
 7283  to complete the planning, construction, and equipping of the
 7284  facility. Funds from the Public Education Capital Outlay and
 7285  Debt Service Trust Fund may not be expended on any project
 7286  unless specifically authorized by the Legislature.
 7287         (3) Included in all proposals for joint-use facilities must
 7288  be documentation that the proposed new campus or new joint-use
 7289  facility has been reviewed by the State Board of Education, the
 7290  State Board of Community Colleges, or the Board of Governors, as
 7291  appropriate, and has been formally requested for authorization
 7292  by the Legislature.
 7293         (4) A No district school board, Florida Community College
 7294  System institution, or state university may not shall receive
 7295  funding for more than one approved joint-use facility per campus
 7296  in any 3-year period.
 7297         Section 119. Subsection (1) of section 1013.65, Florida
 7298  Statutes, is amended to read:
 7299         1013.65 Educational and ancillary plant construction funds;
 7300  Public Education Capital Outlay and Debt Service Trust Fund;
 7301  allocation of funds.—
 7302         (1) The commissioner, through the department, shall
 7303  administer the Public Education Capital Outlay and Debt Service
 7304  Trust Fund. The commissioner shall allocate or reallocate funds
 7305  as authorized by the Legislature. Copies of each allocation or
 7306  reallocation shall be provided to members of the State Board of
 7307  Education, the State Board of Community Colleges, and the Board
 7308  of Governors and to the chairs of the House of Representatives
 7309  and Senate appropriations committees. The commissioner shall
 7310  provide for timely encumbrances of funds for duly authorized
 7311  projects. Encumbrances may include proceeds to be received under
 7312  a resolution approved by the State Board of Education
 7313  authorizing the issuance of public education capital outlay
 7314  bonds pursuant to s. 9(a)(2), Art. XII of the State
 7315  Constitution, s. 215.61, and other applicable law. The
 7316  commissioner shall provide for the timely disbursement of moneys
 7317  necessary to meet the encumbrance authorizations of the boards.
 7318  Records shall be maintained by the department to identify
 7319  legislative appropriations, allocations, encumbrance
 7320  authorizations, disbursements, transfers, investments, sinking
 7321  funds, and revenue receipts by source. The Department of
 7322  Education shall pay the administrative costs of the Public
 7323  Education Capital Outlay and Debt Service Trust Fund from the
 7324  funds which comprise the trust fund.
 7325         Section 120. The State Board of Community Colleges, in
 7326  collaboration with the Board of Governors, shall evaluate and
 7327  report on the status of Florida’s “2+2” system of articulation
 7328  using the accountability measures required pursuant to s.
 7329  1008.38, Florida Statutes, and any other applicable state law.
 7330  By December 31, 2017, the state board and the Board of Governors
 7331  shall submit their report to the Governor, the President of the
 7332  Senate, and the Speaker of the House of Representatives. The
 7333  report must include findings regarding the effectiveness of
 7334  Florida’s “2+2” system of articulation and recommendations for
 7335  improvement.
 7336         Section 121. The Division of Law Revision and Information
 7337  is directed to prepare a reviser’s bill for the 2018 Regular
 7338  Session to substitute the term “Florida Community College
 7339  System” for “Florida College System” and the term “Florida
 7340  Community College System institution” for “Florida College
 7341  System institution where those terms appear in the Florida
 7342  Statutes.
 7343         Section 122. Except as otherwise expressly provided in this
 7344  act, this act shall take effect October 1, 2017.