Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 540
       
       
       
       
       
       
                                Ì2941566Î294156                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2018           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Hukill) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act shall be cited as the “College
    6  Competitiveness Act of 2018.”
    7         Section 2. Effective July 1, 2018, section 1001.6001,
    8  Florida Statutes, is created to read:
    9         1001.6001Florida College System governance.—
   10         (1)The State Board of Colleges is created pursuant to s.
   11  20.156 to oversee and coordinate the Florida College System. The
   12  Governor shall appoint the membership of the State Board of
   13  Colleges, subject to confirmation by the Senate, in time for the
   14  members to convene for the board’s organizational meeting
   15  pursuant to s. 20.156(5).
   16         (2)The Division of Florida Colleges shall provide
   17  administrative support to the State Board of Colleges until
   18  September 30, 2018.
   19         (3)On October 1, 2018, all powers, duties, functions,
   20  records, offices, personnel, property, pending issues and
   21  existing contracts, administrative authority, administrative
   22  rules, and unexpended balances of appropriations, allocations,
   23  and other funds related to the Florida College System and the
   24  Division of Florida Colleges are transferred by a type two
   25  transfer, as defined in s. 20.06(2), from the State Board of
   26  Education to the State Board of Colleges.
   27         (4)The State Board of Colleges shall appoint a Chancellor
   28  of the Florida College System by November 1, 2018, to aid the
   29  board in the implementation of its responsibilities.
   30         (5)Any State Board of Education approval, policy,
   31  guidance, and appointment in effect on October 1, 2018, remains
   32  effective unless acted upon by the State Board of Colleges.
   33         Section 3. Subsections (3) and (8) of section 20.15,
   34  Florida Statutes, are amended to read:
   35         20.15 Department of Education.—There is created a
   36  Department of Education.
   37         (3) DIVISIONS.—The following divisions of the Department of
   38  Education are established:
   39         (a)Division of Florida Colleges.
   40         (a)(b) Division of Public Schools.
   41         (b)(c) Division of Career and Adult Education.
   42         (c)(d) Division of Vocational Rehabilitation.
   43         (d)(e) Division of Blind Services.
   44         (e)(f) Division of Accountability, Research, and
   45  Measurement.
   46         (f)(g) Division of Finance and Operations.
   47         (g)(h) Office of K-20 Articulation.
   48         (h)(i) The Office of Independent Education and Parental
   49  Choice, which must include the following offices:
   50         1. The Office of Early Learning, which shall be
   51  administered by an executive director who is fully accountable
   52  to the Commissioner of Education. The executive director shall,
   53  pursuant to s. 1001.213, administer the early learning programs,
   54  including the school readiness program and the Voluntary
   55  Prekindergarten Education Program at the state level.
   56         2. The Office of K-12 School Choice, which shall be
   57  administered by an executive director who is fully accountable
   58  to the Commissioner of Education.
   59         (8) SUPPORT SERVICES.—The Department of Education shall
   60  continue to provide support to the Board of Governors of the
   61  State University System and to the State Board of Colleges of
   62  the Florida College System. At a minimum, support services
   63  provided to the Board of Governors and the State Board of
   64  Colleges shall include accounting, printing, computer and
   65  Internet support, personnel and human resources support, support
   66  for accountability initiatives, and administrative support as
   67  needed for trust funds under the jurisdiction of the Board of
   68  Governors and the State Board of Colleges.
   69         Section 4. Effective July 1, 2018, section 20.156, Florida
   70  Statutes, is created to read:
   71         20.156State Board of Colleges.—
   72         (1)GENERAL PROVISIONS.—The State Board of Colleges is
   73  created. For the purposes of s. 6, Art. IV of the State
   74  Constitution, the state board shall be assigned to and
   75  administratively housed within the Department of Education.
   76  However, the state board shall independently exercise the powers
   77  and duties in s. 1001.602; is a separate budget program; and is
   78  not subject to control, supervision, or direction by the
   79  department. For purposes of this section, the State Board of
   80  Colleges is referred to as the “state board.”
   81         (2)HEAD OF THE FLORIDA COLLEGE SYSTEM.—The state board is
   82  the head of the Florida College System. The Governor shall
   83  appoint the board members, subject to confirmation by the
   84  Senate.
   85         (3)PERSONNEL.—The state board shall appoint a Chancellor
   86  of the Florida College System by November 1, 2018, to aid in
   87  carrying out the state board’s duties. The chancellor is the
   88  chief executive officer and secretary to the state board and
   89  directs the activities of the staff of the state board. The
   90  Chancellor of the Division of Florida Colleges shall serve as
   91  the Chancellor of the Florida College System until the state
   92  board selects a chancellor.
   93         (4)POWERS AND DUTIES.—Effective October 1, 2018, the state
   94  board shall regulate, control, and be responsible for the
   95  management of the Florida College System.
   96         (5)ORGANIZATION.—The state board shall, by September 30,
   97  2018, conduct an organizational meeting to adopt bylaws, elect a
   98  chair and vice chair from the membership, and fix dates and
   99  places for regular meetings.
  100         Section 5. Subsection (18) is added to section 112.313,
  101  Florida Statutes, to read:
  102         112.313 Standards of conduct for public officers, employees
  103  of agencies, and local government attorneys.—
  104         (18)STATE BOARD OF COLLEGES AND BOARDS OF TRUSTEES.—A
  105  citizen member of the State Board of Colleges or a citizen
  106  member of a Florida College System institution board of trustees
  107  may not have or hold an employment or contractual relationship
  108  as a legislative lobbyist requiring annual registration and
  109  reporting pursuant to s. 11.045.
  110         Section 6. Paragraph (c) of subsection (1) of section
  111  112.3145, Florida Statutes, is amended to read:
  112         112.3145 Disclosure of financial interests and clients
  113  represented before agencies.—
  114         (1) For purposes of this section, unless the context
  115  otherwise requires, the term:
  116         (c) “State officer” means:
  117         1. Any elected public officer, excluding those elected to
  118  the United States Senate and House of Representatives, not
  119  covered elsewhere in this part and any person who is appointed
  120  to fill a vacancy for an unexpired term in such an elective
  121  office.
  122         2. An appointed member of each board, commission,
  123  authority, or council having statewide jurisdiction, excluding a
  124  member of an advisory body.
  125         3. A member of the Board of Governors of the State
  126  University System or a state university board of trustees, the
  127  Chancellor and Vice Chancellors of the State University System,
  128  and the president of a state university; or a member of the
  129  State Board of Colleges and the Chancellor of the Florida
  130  College System.
  131         4. A member of the judicial nominating commission for any
  132  district court of appeal or any judicial circuit.
  133         Section 7. Subsections (2) and (4) of section 1000.03,
  134  Florida Statutes, are amended to read:
  135         1000.03 Function, mission, and goals of the Florida K-20
  136  education system.—
  137         (2)(a) The Legislature shall establish education policy,
  138  enact education laws, and appropriate and allocate education
  139  resources.
  140         (b) With the exception of matters relating to the State
  141  University System and the Florida College System, the State
  142  Board of Education shall oversee the enforcement of all laws and
  143  rules, and the timely provision of direction, resources,
  144  assistance, intervention when needed, and strong incentives and
  145  disincentives to force accountability for results.
  146         (c) The Board of Governors shall oversee the enforcement of
  147  all state university laws and rules and regulations and the
  148  timely provision of direction, resources, assistance,
  149  intervention when needed, and strong incentives and
  150  disincentives to force accountability for results.
  151         (d)The State Board of Colleges shall oversee the
  152  enforcement of all Florida College System laws and rules and the
  153  timely provision of direction, resources, assistance,
  154  intervention when needed, and strong incentives and
  155  disincentives to force accountability for results.
  156         (4) The mission of Florida’s K-20 education system is to
  157  allow its students to increase their proficiency by allowing
  158  them the opportunity to expand their knowledge and skills
  159  through rigorous and relevant learning opportunities, in
  160  accordance with the mission of the applicable career center or
  161  system statement and the accountability requirements of s.
  162  1008.31, and to avoid wasteful duplication of programs offered
  163  by state universities, Florida College System institutions, and
  164  career centers and charter technical career centers that are
  165  operated by a district school board or a Florida College System
  166  institution board of trustees.
  167         Section 8. Paragraph (d) of subsection (3) and subsections
  168  (5) and (6) of section 1000.05, Florida Statutes, are amended to
  169  read:
  170         1000.05 Discrimination against students and employees in
  171  the Florida K-20 public education system prohibited; equality of
  172  access required.—
  173         (3)
  174         (d) A public K-20 educational institution which operates or
  175  sponsors interscholastic, intercollegiate, club, or intramural
  176  athletics shall provide equal athletic opportunity for members
  177  of both genders.
  178         1. The Board of Governors shall determine whether equal
  179  opportunities are available at state universities.
  180         2. The Commissioner of Education, for school districts, and
  181  the Chancellor of the Florida College System, for Florida
  182  College System institutions, shall determine whether equal
  183  opportunities are available in school districts and Florida
  184  College System institutions, respectively. In determining
  185  whether equal opportunities are available in school districts
  186  and Florida College System institutions, the Commissioner of
  187  Education and the Chancellor of the Florida College System shall
  188  consider, among other factors:
  189         a. Whether the selection of sports and levels of
  190  competition effectively accommodate the interests and abilities
  191  of members of both genders.
  192         b. The provision of equipment and supplies.
  193         c. Scheduling of games and practice times.
  194         d. Travel and per diem allowances.
  195         e. Opportunities to receive coaching and academic tutoring.
  196         f. Assignment and compensation of coaches and tutors.
  197         g. Provision of locker room, practice, and competitive
  198  facilities.
  199         h. Provision of medical and training facilities and
  200  services.
  201         i. Provision of housing and dining facilities and services.
  202         j. Publicity.
  203  
  204  Unequal aggregate expenditures for members of each gender or
  205  unequal expenditures for male and female teams if a public
  206  school or Florida College System institution operates or
  207  sponsors separate teams do not constitute nonimplementation of
  208  this subsection, but the Commissioner of Education shall
  209  consider the failure to provide necessary funds for teams for
  210  one gender in assessing equality of opportunity for members of
  211  each gender.
  212         (5)(a) The State Board of Education shall adopt rules to
  213  implement this section as it relates to school districts and
  214  Florida College System institutions.
  215         (b) The Board of Governors shall adopt regulations to
  216  implement this section as it relates to state universities.
  217         (c)The State Board of Colleges shall adopt rules to
  218  implement this section as it relates to Florida College System
  219  institutions.
  220         (6) The functions of the State Board of Colleges for
  221  Florida College System institutions and the Office of Equal
  222  Educational Opportunity of the Department of Education shall
  223  include, but are not limited to:
  224         (a) Requiring all district school boards and Florida
  225  College System institution boards of trustees to develop and
  226  submit plans for the implementation of this section to the
  227  Department of Education.
  228         (b) Conducting periodic reviews of school districts and
  229  Florida College System institutions to determine compliance with
  230  this section and, after a finding that a school district or a
  231  Florida College System institution is not in compliance with
  232  this section, notifying the entity of the steps that it must
  233  take to attain compliance and performing followup monitoring.
  234         (c) Providing technical assistance, including assisting
  235  school districts or Florida College System institutions in
  236  identifying unlawful discrimination and instructing them in
  237  remedies for correction and prevention of such discrimination
  238  and performing followup monitoring.
  239         (d) Conducting studies of the effectiveness of methods and
  240  strategies designed to increase the participation of students in
  241  programs and courses in which students of a particular race,
  242  ethnicity, national origin, gender, disability, or marital
  243  status have been traditionally underrepresented and monitoring
  244  the success of students in such programs or courses, including
  245  performing followup monitoring.
  246         (e) Requiring all district school boards and Florida
  247  College System institution boards of trustees to submit data and
  248  information necessary to determine compliance with this section.
  249  The Commissioner of Education, for school districts, and the
  250  Chancellor of the Florida College System, for Florida College
  251  System institutions, shall prescribe the format and the date for
  252  submission of such data and any other educational equity data.
  253  If any board does not submit the required compliance data or
  254  other required educational equity data by the prescribed date,
  255  the commissioner or the chancellor, as applicable, shall notify
  256  the board of this fact and, if the board does not take
  257  appropriate action to immediately submit the required report,
  258  the State Board of Education or the State Board of Colleges, as
  259  applicable, shall impose monetary sanctions.
  260         (f) Based upon rules of the State Board of Education, for
  261  school districts, and the State Board of Colleges, for Florida
  262  College System institutions, developing and implementing
  263  enforcement mechanisms with appropriate penalties to ensure that
  264  public K-12 schools and Florida College System institutions
  265  comply with Title IX of the Education Amendments of 1972 and
  266  subsection (3) of this section. However, the State Board of
  267  Education may not force a public school and the State Board of
  268  Colleges may not force a or Florida College System institution
  269  to conduct, nor penalize such entity for not conducting, a
  270  program of athletic activity or athletic scholarship for female
  271  athletes unless it is an athletic activity approved for women by
  272  a recognized association whose purpose is to promote athletics
  273  and a conference or league exists to promote interscholastic or
  274  intercollegiate competition for women in that athletic activity.
  275         (g) Reporting to the Commissioner of Education, for school
  276  districts, or to the Chancellor of the Florida College System,
  277  for Florida College System institutions, any district school
  278  board or Florida College System institution board of trustees
  279  found to be out of compliance with rules of the State Board of
  280  Education or the State Board of Colleges adopted as required by
  281  paragraph (f) or paragraph (3)(d). To penalize the respective
  282  board, the State Board of Education or the State Board of
  283  Colleges, as applicable, shall:
  284         1. Declare the school district or Florida College System
  285  institution ineligible for competitive state grants.
  286         2. Notwithstanding the provisions of s. 216.192, direct the
  287  Chief Financial Officer to withhold general revenue funds
  288  sufficient to obtain compliance from the school district or
  289  Florida College System institution.
  290  
  291  The school district or Florida College System institution shall
  292  remain ineligible and the funds may shall not be paid until the
  293  institution comes into compliance or the State Board of
  294  Education or the State Board of Colleges, as applicable,
  295  approves a plan for compliance.
  296         Section 9. Section 1001.02, Florida Statutes, is amended to
  297  read:
  298         1001.02 General powers of State Board of Education.—
  299         (1) The State Board of Education is the chief implementing
  300  and coordinating body of public education in Florida except for
  301  the State University System and the Florida College System, and
  302  it shall focus on high-level policy decisions. It has authority
  303  to adopt rules pursuant to ss. 120.536(1) and 120.54 to
  304  implement the provisions of law conferring duties upon it for
  305  the improvement of the state system of K-20 public education
  306  except for the State University System and the Florida College
  307  System. Except as otherwise provided herein, it may, as it finds
  308  appropriate, delegate its general powers to the Commissioner of
  309  Education or the directors of the divisions of the department.
  310         (2) The State Board of Education has the following duties:
  311         (a) To adopt comprehensive educational objectives for
  312  public education except for the State University System and the
  313  Florida College System.
  314         (b) To adopt comprehensive long-range plans and short-range
  315  programs for the development of the state system of public
  316  education except for the State University System and the Florida
  317  College System.
  318         (c) To exercise general supervision over the divisions of
  319  the Department of Education as necessary to ensure coordination
  320  of educational plans and programs and resolve controversies and
  321  to minimize problems of articulation and student transfers, to
  322  ensure that students moving from one level of education to the
  323  next have acquired competencies necessary for satisfactory
  324  performance at that level, and to ensure maximum utilization of
  325  facilities.
  326         (d) To adopt, in consultation with the Board of Governors
  327  and the State Board of Colleges, and from time to time modify,
  328  minimum and uniform standards of college-level communication and
  329  computation skills generally associated with successful
  330  performance and progression through the baccalaureate level and
  331  to identify college-preparatory high school coursework and
  332  postsecondary-level coursework that prepares students with the
  333  academic skills necessary to succeed in postsecondary education.
  334         (e) To adopt and submit to the Governor and Legislature, as
  335  provided in s. 216.023, a coordinated K-20 education budget that
  336  estimates the expenditure requirements for the Board of
  337  Governors, as provided in s. 1001.706, the State Board of
  338  Education, including the Department of Education and the
  339  Commissioner of Education, and all of the boards, institutions,
  340  agencies, and services under the general supervision of the
  341  Board of Governors, as provided in s. 1001.706, the State Board
  342  of Colleges, as provided in s. 1001.602, or the State Board of
  343  Education for the ensuing fiscal year. The State Board of
  344  Education may not amend the budget request submitted by the
  345  Board of Governors or the State Board of Colleges. Any program
  346  recommended by the Board of Governors, the State Board of
  347  Colleges, or the State Board of Education which will require
  348  increases in state funding for more than 1 year must be
  349  presented in a multiyear budget plan.
  350         (f) To hold meetings, transact business, keep records,
  351  adopt a seal, and, except as otherwise provided by law, perform
  352  such other duties as may be necessary for the enforcement of
  353  laws and rules relating to the state system of public education.
  354         (g) To approve plans for cooperating with the Federal
  355  Government.
  356         (h) To approve plans for cooperating with other public
  357  agencies in the development of rules and in the enforcement of
  358  laws for which the state board and such agencies are jointly
  359  responsible.
  360         (i) To review plans for cooperating with appropriate
  361  nonpublic agencies for the improvement of conditions relating to
  362  the welfare of schools.
  363         (j) To create such subordinate advisory bodies as are
  364  required by law or as it finds necessary for the improvement of
  365  education.
  366         (k) To constitute any education bodies or other structures
  367  as required by federal law.
  368         (l) To assist in the economic development of the state by
  369  developing a state-level planning process to identify future
  370  training needs for industry, especially high-technology
  371  industry.
  372         (m) To assist in the planning and economic development of
  373  the state by establishing a clearinghouse for information on
  374  educational programs of value to economic development.
  375         (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
  376  120.54, within statutory authority.
  377         (o) To authorize the allocation of resources in accordance
  378  with law and rule.
  379         (p) To contract with independent institutions accredited by
  380  an agency whose standards are comparable to the minimum
  381  standards required to operate a postsecondary career center
  382  educational institution at that level in the state. The purpose
  383  of the contract is to provide those educational programs and
  384  facilities which will meet needs unfulfilled by the state system
  385  of public postsecondary education.
  386         (q) To recommend that a district school board take action
  387  consistent with the state board’s decision relating to an appeal
  388  of a charter school application.
  389         (r) To enforce systemwide education goals and policies
  390  except as otherwise provided by law.
  391         (s) To establish a detailed procedure for the
  392  implementation and operation of a systemwide K-20 technology
  393  plan that is based on a common set of data definitions.
  394         (t) To establish accountability standards for existing
  395  legislative performance goals, standards, and measures, and
  396  order the development of mechanisms to implement new legislative
  397  goals, standards, and measures.
  398         (u) To adopt criteria and implementation plans for future
  399  growth issues, such as new Florida College System institutions
  400  and Florida College System institution campus mergers, and to
  401  provide for cooperative agreements between and within public and
  402  private education sectors.
  403         (v) To develop, in conjunction with the Board of Governors
  404  and the State Board of Colleges, and periodically review for
  405  adjustment, a coordinated 5-year plan for postsecondary
  406  enrollment, identifying enrollment and graduation expectations
  407  by baccalaureate degree program, and annually submit the plan to
  408  the Legislature as part of its legislative budget request.
  409         (w)Beginning in the 2014-2015 academic year and annually
  410  thereafter, to require each Florida College System institution
  411  prior to registration to provide each enrolled student
  412  electronic access to the economic security report of employment
  413  and earning outcomes prepared by the Department of Economic
  414  Opportunity pursuant to s. 445.07.
  415         (3)(a) The State Board of Education shall adopt a strategic
  416  plan that specifies goals and objectives for the state’s public
  417  schools and Florida College System institutions. The plan shall
  418  be formulated in conjunction with plans of the Board of
  419  Governors and the State Board of Colleges in order to provide
  420  for the roles of the universities and Florida College System
  421  institutions to be coordinated to best meet state needs and
  422  reflect cost-effective use of state resources. The strategic
  423  plan must clarify the mission statements of each Florida College
  424  System institution and the system as a whole and identify degree
  425  programs, including baccalaureate degree programs, to be offered
  426  at each Florida College System institution in accordance with
  427  the objectives provided in this subsection and the coordinated
  428  5-year plan pursuant to paragraph (2)(v). The strategic plan
  429  must cover a period of 5 years, with modification of the program
  430  lists after 2 years. Development of each 5-year plan must be
  431  coordinated with and initiated after completion of the master
  432  plan. The strategic plans must specifically include programs and
  433  procedures for responding to the educational needs of teachers
  434  and students in the public schools of this state and consider
  435  reports and recommendations of the Higher Education Coordinating
  436  Council pursuant to s. 1004.015 and the Articulation
  437  Coordinating Committee pursuant to s. 1007.01. The state board
  438  shall submit a report to the President of the Senate and the
  439  Speaker of the House of Representatives upon modification of the
  440  plan and as part of its legislative budget request.
  441         (b) The State Board of Education, and the Board of
  442  Governors, and the State Board of Colleges shall jointly develop
  443  long-range plans and annual reports for financial aid in this
  444  state. The long-range plans shall establish goals and objectives
  445  for a comprehensive program of financial aid for Florida
  446  students and shall be updated every 5 years. The annual report
  447  shall include programs administered by the department as well as
  448  awards made from financial aid fee revenues, any other funds
  449  appropriated by the Legislature for financial assistance, and
  450  the value of tuition and fees waived for students enrolled in a
  451  dual enrollment course at a public postsecondary educational
  452  institution. The annual report shall include an assessment of
  453  progress made in achieving goals and objectives established in
  454  the long-range plans and recommendations for repealing or
  455  modifying existing financial aid programs or establishing new
  456  programs. A long-range plan shall be submitted by January 1,
  457  2004, and every 5 years thereafter. An annual report shall be
  458  submitted on January 1, 2004, and in each successive year that a
  459  long-range plan is not submitted, to the President of the Senate
  460  and the Speaker of the House of Representatives.
  461         (4) The State Board of Education shall:
  462         (a)Provide for each Florida College System institution to
  463  offer educational training and service programs designed to meet
  464  the needs of both students and the communities served.
  465         (b)Specify, by rule, procedures to be used by the Florida
  466  College System institution boards of trustees in the annual
  467  evaluations of presidents and review the evaluations of
  468  presidents by the boards of trustees, including the extent to
  469  which presidents serve both institutional and system goals.
  470         (c)Establish, in conjunction with the Board of Governors,
  471  an effective information system that will provide composite data
  472  concerning the Florida College System institutions and state
  473  universities and ensure that special analyses and studies
  474  concerning the institutions are conducted, as necessary, for
  475  provision of accurate and cost-effective information concerning
  476  the institutions.
  477         (d)Establish criteria for making recommendations for
  478  modifying district boundary lines for Florida College System
  479  institutions, including criteria for service delivery areas of
  480  Florida College System institutions authorized to grant
  481  baccalaureate degrees.
  482         (e)Establish criteria for making recommendations
  483  concerning all proposals for the establishment of additional
  484  centers or campuses for Florida College System institutions.
  485         (f)Examine the annual administrative review of each
  486  Florida College System institution.
  487         (g) adopt and submit to the Legislature a 3-year list of
  488  priorities for fixed-capital-outlay projects. The State Board of
  489  Education may not amend the 3-year list of priorities of the
  490  Board of Governors or the State Board of Colleges.
  491         (5)The State Board of Education is responsible for
  492  reviewing and administering the state program of support for the
  493  Florida College System institutions and, subject to existing
  494  law, shall establish the tuition and out-of-state fees for
  495  developmental education and for credit instruction that may be
  496  counted toward an associate in arts degree, an associate in
  497  applied science degree, or an associate in science degree.
  498         (6)The State Board of Education shall prescribe minimum
  499  standards, definitions, and guidelines for Florida College
  500  System institutions that will ensure the quality of education,
  501  coordination among the Florida College System institutions and
  502  state universities, and efficient progress toward accomplishing
  503  the Florida College System institution mission. At a minimum,
  504  these rules must address:
  505         (a)Personnel.
  506         (b)Contracting.
  507         (c)Program offerings and classification, including
  508  college-level communication and computation skills associated
  509  with successful performance in college and with tests and other
  510  assessment procedures that measure student achievement of those
  511  skills. The performance measures must provide that students
  512  moving from one level of education to the next acquire the
  513  necessary competencies for that level.
  514         (d)Provisions for curriculum development, graduation
  515  requirements, college calendars, and program service areas.
  516  These provisions must include rules that:
  517         1.Provide for the award of an associate in arts degree to
  518  a student who successfully completes 60 semester credit hours at
  519  the Florida College System institution.
  520         2.Require all of the credits accepted for the associate in
  521  arts degree to be in the statewide course numbering system as
  522  credits toward a baccalaureate degree offered by a state
  523  university or a Florida College System institution.
  524         3.Require no more than 36 semester credit hours in general
  525  education courses in the subject areas of communication,
  526  mathematics, social sciences, humanities, and natural sciences.
  527  
  528  The rules should encourage Florida College System institutions
  529  to enter into agreements with state universities that allow
  530  Florida College System institution students to complete upper
  531  division-level courses at a Florida College System institution.
  532  An agreement may provide for concurrent enrollment at the
  533  Florida College System institution and the state university and
  534  may authorize the Florida College System institution to offer an
  535  upper-division-level course or distance learning.
  536         (e)Student admissions, conduct and discipline,
  537  nonclassroom activities, and fees.
  538         (f)Budgeting.
  539         (g)Business and financial matters.
  540         (h)Student services.
  541         (i)Reports, surveys, and information systems, including
  542  forms and dates of submission.
  543         Section 10. Subsections (7) through (17) of section
  544  1001.03, Florida Statutes, are amended to read:
  545         1001.03 Specific powers of State Board of Education.—
  546         (7) ARTICULATION ACCOUNTABILITY.—The State Board of
  547  Education shall develop articulation accountability measures
  548  that assess the status of systemwide articulation processes, in
  549  conjunction with the Board of Governors regarding the State
  550  University System and the State Board of Colleges regarding the
  551  Florida College System, and shall establish an articulation
  552  accountability process in accordance with the provisions of
  553  chapter 1008, in conjunction with the Board of Governors
  554  regarding the State University System and the State Board of
  555  Colleges regarding the Florida College System.
  556         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  557  shall enforce compliance with law and state board rule by all
  558  school districts and public postsecondary educational
  559  institutions, except for institutions within the State
  560  University System and the Florida College System, in accordance
  561  with the provisions of s. 1008.32.
  562         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
  563  Education, in conjunction with the Board of Governors regarding
  564  the State University System and the State Board of Colleges
  565  regarding the Florida College System, shall continue to collect
  566  and maintain, at a minimum, the management information databases
  567  for state universities, Florida College System institutions, and
  568  all other components of the public K-20 education system as such
  569  databases existed on June 30, 2002.
  570         (10)COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
  571  EDUCATION.—The State Board of Education, in conjunction with the
  572  Board of Governors, shall develop and implement a common
  573  placement test to assess the basic computation and communication
  574  skills of students who intend to enter a degree program at any
  575  Florida College System institution or state university.
  576         (10)(11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
  577  EDUCATION.—The State Board of Education shall adopt minimum
  578  standards relating to nonpublic postsecondary education and
  579  institutions, in accordance with the provisions of chapter 1005.
  580         (12)COMMON POSTSECONDARY DEFINITIONS.—The State Board of
  581  Education shall adopt, by rule, common definitions for associate
  582  in science degrees and for certificates.
  583         (13)CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The
  584  State Board of Education shall provide for the cyclic review of
  585  all academic programs in Florida College System institutions at
  586  least every 7 years. Program reviews shall document how
  587  individual academic programs are achieving stated student
  588  learning and program objectives within the context of the
  589  institution’s mission. The results of the program reviews shall
  590  inform strategic planning, program development, and budgeting
  591  decisions at the institutional level.
  592         (11)(14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
  593  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of
  594  Education shall maintain a uniform classification system for
  595  school district administrative and management personnel that
  596  will facilitate the uniform coding of administrative and
  597  management personnel to total district employees.
  598         (15)FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
  599  DEGREE PROGRAMS.—The State Board of Education shall provide for
  600  the review and approval of proposals by Florida College System
  601  institutions to offer baccalaureate degree programs pursuant to
  602  s. 1007.33. A Florida College System institution, as defined in
  603  s. 1000.21, that is approved to offer baccalaureate degrees
  604  pursuant to s. 1007.33 remains under the authority of the State
  605  Board of Education and the Florida College System institution’s
  606  board of trustees. The State Board of Education may not approve
  607  Florida College System institution baccalaureate degree program
  608  proposals from March 31, 2014, through May 31, 2015.
  609         (16)PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
  610  the State Board of Education shall identify performance metrics
  611  for the Florida College System and develop a plan that specifies
  612  goals and objectives for each Florida College System
  613  institution. The plan must include:
  614         (a)Performance metrics and standards common for all
  615  institutions and metrics and standards unique to institutions
  616  depending on institutional core missions, including, but not
  617  limited to, remediation success, retention, graduation,
  618  employment, transfer rates, licensure passage, excess hours,
  619  student loan burden and default rates, job placement, faculty
  620  awards, and highly respected rankings for institution and
  621  program achievements.
  622         (b)Student enrollment and performance data delineated by
  623  method of instruction, including, but not limited to,
  624  traditional, online, and distance learning instruction.
  625         (12)(17) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
  626  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
  627  Education, in consultation with the Board of Governors, the
  628  State Board of Colleges, and the Department of Economic
  629  Opportunity, shall adopt a unified state plan to improve K-20
  630  STEM education and prepare students for high-skill, high-wage,
  631  and high-demand employment in STEM and STEM-related fields.
  632         Section 11. Subsection (1), paragraphs (g) and (j) of
  633  subsection (6), and subsection (7) of section 1001.10, Florida
  634  Statutes, are amended to read:
  635         1001.10 Commissioner of Education; general powers and
  636  duties.—
  637         (1) The Commissioner of Education is the chief educational
  638  officer of the state and the sole custodian of the K-20 data
  639  warehouse, and is responsible for giving full assistance to the
  640  State Board of Education in enforcing compliance with the
  641  mission and goals of the K-20 education system except for the
  642  State University System and the Florida College System.
  643         (6) Additionally, the commissioner has the following
  644  general powers and duties:
  645         (g) To submit to the State Board of Education, on or before
  646  October 1 of each year, recommendations for a coordinated K-20
  647  education budget that estimates the expenditures for the Board
  648  of Governors, the State Board of Colleges, the State Board of
  649  Education, including the Department of Education and the
  650  Commissioner of Education, and all of the boards, institutions,
  651  agencies, and services under the general supervision of the
  652  Board of Governors, the State Board of Colleges, or the State
  653  Board of Education for the ensuing fiscal year. Any program
  654  recommended to the State Board of Education that will require
  655  increases in state funding for more than 1 year must be
  656  presented in a multiyear budget plan.
  657         (j) To implement a program of school improvement and
  658  education accountability designed to provide all students the
  659  opportunity to make adequate learning gains in each year of
  660  school as provided by statute and State Board of Education rule
  661  based upon the achievement of the state education goals,
  662  recognizing the following:
  663         1. The district school board is responsible for school and
  664  student performance.
  665         2. The individual school is the unit for education
  666  accountability.
  667         3.The Florida College System institution board of trustees
  668  is responsible for Florida College System institution
  669  performance and student performance.
  670         (7)The commissioner, or the commissioner’s designee, may
  671  conduct a review or investigation of practices, procedures, or
  672  actions at any Florida College System institution which appear
  673  to be inconsistent with sound financial, management, or academic
  674  practice.
  675         Section 12. Paragraphs (c) through (f) of subsection (1)
  676  and subsection (3) of section 1001.11, Florida Statutes, are
  677  amended to read:
  678         1001.11 Commissioner of Education; other duties.—
  679         (1) The Commissioner of Education must independently
  680  perform the following duties:
  681         (c) In cooperation with the Board of Governors and the
  682  State Board of Colleges, develop and implement a process for
  683  receiving and processing requests, in conjunction with the
  684  Legislature, for the allocation of PECO funds for qualified
  685  postsecondary education projects.
  686         (d)Integrally work with the boards of trustees of the
  687  Florida College System institutions.
  688         (d)(e) Monitor the activities of the State Board of
  689  Education and provide information related to current and pending
  690  policies to the members of the boards of trustees of the Florida
  691  College System institutions and state universities.
  692         (e)(f) Ensure the timely provision of information requested
  693  by the Legislature from the State Board of Education, the
  694  commissioner’s office, and the Department of Education.
  695         (3) Notwithstanding any other provision of law to the
  696  contrary, the Commissioner of Education, in conjunction with the
  697  Legislature, and the Board of Governors regarding the State
  698  University System, and the State Board of Colleges regarding the
  699  Florida College System, must recommend funding priorities for
  700  the distribution of capital outlay funds for public
  701  postsecondary educational institutions, based on priorities that
  702  include, but are not limited to, the following criteria:
  703         (a) Growth at the institutions.
  704         (b) Need for specific skills statewide.
  705         (c) Need for maintaining and repairing existing facilities.
  706         Section 13. Paragraph (e) of subsection (4) of section
  707  1001.20, Florida Statutes, is amended to read:
  708         1001.20 Department under direction of state board.—
  709         (4) The Department of Education shall establish the
  710  following offices within the Office of the Commissioner of
  711  Education which shall coordinate their activities with all other
  712  divisions and offices:
  713         (e) Office of Inspector General.—Organized using existing
  714  resources and funds and responsible for promoting
  715  accountability, efficiency, and effectiveness and detecting
  716  fraud and abuse within school districts and, the Florida School
  717  for the Deaf and the Blind, and Florida College System
  718  institutions in Florida. If the Commissioner of Education
  719  determines that a district school board or, the Board of
  720  Trustees for the Florida School for the Deaf and the Blind, or a
  721  Florida College System institution board of trustees is
  722  unwilling or unable to address substantiated allegations made by
  723  any person relating to waste, fraud, or financial mismanagement
  724  within the school district or, the Florida School for the Deaf
  725  and the Blind, or the Florida College System institution, the
  726  office shall conduct, coordinate, or request investigations into
  727  such substantiated allegations. The office shall have access to
  728  all information and personnel necessary to perform its duties
  729  and shall have all of its current powers, duties, and
  730  responsibilities authorized in s. 20.055.
  731         Section 14. Section 1001.28, Florida Statutes, is amended
  732  to read:
  733         1001.28 Distance learning duties.—The duties of the
  734  Department of Education concerning distance learning include,
  735  but are not limited to, the duty to:
  736         (1) Facilitate the implementation of a statewide
  737  coordinated system and resource system for cost-efficient
  738  advanced telecommunications services and distance education
  739  which will increase overall student access to education.
  740         (2) Coordinate the use of existing resources, including,
  741  but not limited to, the state’s satellite transponders, the
  742  Florida Information Resource Network (FIRN), and distance
  743  learning initiatives.
  744         (3) Assist in the coordination of the utilization of the
  745  production and uplink capabilities available through Florida’s
  746  public television stations, eligible facilities, independent
  747  colleges and universities, private firms, and others as needed.
  748         (4) Seek the assistance and cooperation of Florida’s cable
  749  television providers in the implementation of the statewide
  750  advanced telecommunications services and distance learning
  751  network.
  752         (5) Seek the assistance and cooperation of Florida’s
  753  telecommunications carriers to provide affordable student access
  754  to advanced telecommunications services and to distance
  755  learning.
  756         (6) Coordinate partnerships for development, acquisition,
  757  use, and distribution of distance learning.
  758         (7) Secure and administer funding for programs and
  759  activities for distance learning from federal, state, local, and
  760  private sources and from fees derived from services and
  761  materials.
  762         (8) Hire appropriate staff which may include a position
  763  that shall be exempt from part II of chapter 110 and is included
  764  in the Senior Management Service in accordance with s. 110.205.
  765  
  766  Nothing in this section shall be construed to abrogate,
  767  supersede, alter, or amend the powers and duties of any state
  768  agency, district school board, Florida College System
  769  institution board of trustees, university board of trustees, the
  770  Board of Governors, the State Board of Colleges, or the State
  771  Board of Education.
  772         Section 15. Effective July 1, 2018, subsection (26) of
  773  section 1001.42, Florida Statutes, is amended to read:
  774         1001.42 Powers and duties of district school board.—The
  775  district school board, acting as a board, shall exercise all
  776  powers and perform all duties listed below:
  777         (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a
  778  governing board for a school district technical center or a
  779  system of technical centers for the purpose of aligning the
  780  educational programs of the technical center with the needs of
  781  local businesses and responding quickly to the needs of local
  782  businesses for employees holding industry certifications. A
  783  technical center governing board shall be comprised of seven
  784  members, three of whom must be members of the district school
  785  board or their designees and four of whom must be local business
  786  leaders. The district school board shall delegate to the
  787  technical center governing board decisions regarding entrance
  788  requirements for students, curriculum, program development,
  789  budget and funding allocations, and the development with local
  790  businesses of partnership agreements and appropriate industry
  791  certifications in order to meet local and regional economic
  792  needs. A technical center governing board may approve only
  793  courses and programs that contain industry certifications. A
  794  course may be continued if at least 25 percent of the students
  795  enrolled in the course attain an industry certification. If
  796  fewer than 25 percent of the students enrolled in a course
  797  attain an industry certification, the course must be
  798  discontinued the following year. However, notwithstanding the
  799  authority to approve courses and programs under this subsection,
  800  a technical center governing board may not approve a college
  801  credit course or college credit certificate or an associate
  802  degree or baccalaureate degree program.
  803         Section 16. Effective July 1, 2018, section 1001.44,
  804  Florida Statutes, is amended to read:
  805         1001.44 Career centers; governance, mission, and
  806  responsibilities.—
  807         (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
  808  CENTERS.—Any district school board, after first obtaining the
  809  approval of the Department of Education, may, as a part of the
  810  district school system, organize, establish and operate a career
  811  center, or acquire and operate a career center previously
  812  established.
  813         (a)The primary mission of a career center that is operated
  814  by a district school board is to promote advances and
  815  innovations in workforce preparation and economic development. A
  816  career center may provide a learning environment that serves the
  817  needs of a specific population group or group of occupations,
  818  thus promoting diversity and choices within the public technical
  819  education community in this state.
  820         (b)A career center that is operated by a district school
  821  board may not offer a college credit course or college credit
  822  certificate or an associate degree or baccalaureate degree
  823  program.
  824         (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
  825  ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
  826  of any two or more contiguous districts may, upon first
  827  obtaining the approval of the department, enter into an
  828  agreement to organize, establish and operate, or acquire and
  829  operate, a career center under this section.
  830         (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
  831  BY A DIRECTOR.—
  832         (a) A career center established or acquired under
  833  provisions of law and minimum standards prescribed by the
  834  commissioner shall comprise a part of the district school system
  835  and shall mean an educational institution offering terminal
  836  courses of a technical nature which are not for college credit,
  837  and courses for out-of-school youth and adults; shall be subject
  838  to all applicable provisions of this code; shall be under the
  839  control of the district school board of the school district in
  840  which it is located; and shall be directed by a director
  841  responsible through the district school superintendent to the
  842  district school board of the school district in which the center
  843  is located.
  844         (b) Each career center shall maintain an academic
  845  transcript for each student enrolled in the center. Such
  846  transcript shall delineate each course completed by the student.
  847  Courses shall be delineated by the course prefix and title
  848  assigned pursuant to s. 1007.24. The center shall make a copy of
  849  a student’s transcript available to any student who requests it.
  850         Section 17. Effective July 1, 2018, paragraph (b) of
  851  subsection (2) of section 1001.60, Florida Statutes, is amended
  852  to read:
  853         1001.60 Florida College System.—
  854         (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
  855  College System comprised of the Florida College System
  856  institutions identified in s. 1000.21(3). A Florida College
  857  System institution may not offer graduate degree programs.
  858         (b)1. With the approval of its district board of trustees,
  859  a Florida College System institution may change the
  860  institution’s name set forth in s. 1000.21(3) and use the
  861  designation “college” or “state college” if it has been
  862  authorized to grant baccalaureate degrees pursuant to s. 1007.33
  863  and has been accredited as a baccalaureate-degree-granting
  864  institution by the Commission on Colleges of the Southern
  865  Association of Colleges and Schools.
  866         2. With the approval of its district board of trustees, a
  867  Florida College System institution that does not meet the
  868  criteria in subparagraph 1. may request approval from the State
  869  Board of Colleges Education to change the institution’s name set
  870  forth in s. 1000.21(3) and use the designation “college.” The
  871  State Board of Colleges Education may approve the request if the
  872  Florida College System institution enters into an agreement with
  873  the State Board of Colleges Education to do the following:
  874         a. Maintain as its primary mission responsibility for
  875  responding to community needs for postsecondary academic
  876  education and career degree education as prescribed in s.
  877  1004.65(5).
  878         b. Maintain an open-door admissions policy for associate
  879  level degree programs and workforce education programs.
  880         c. Continue to provide outreach to underserved populations.
  881         d. Continue to provide remedial education.
  882         e. Comply with all provisions of the statewide articulation
  883  agreement that relate to 2-year and 4-year public degree
  884  granting institutions as adopted by the State Board of Colleges
  885  Education pursuant to s. 1007.23.
  886         Section 18. Effective July 1, 2018, section 1001.601,
  887  Florida Statutes, is created to read:
  888         1001.601State Board of Colleges of the Florida College
  889  System.—
  890         (1)The State Board of Colleges is established as a body
  891  corporate consisting of 13 members, which shall consist of the
  892  Commissioner of Education and 12 citizen members who are
  893  appointed by the Governor in a manner that provides equitable
  894  geographical representation.
  895         (a)The 12 appointed citizen members must include a student
  896  enrolled in a Florida College System institution and a faculty
  897  member employed at a Florida College System institution.
  898         (b)Each citizen member must reside and be registered to
  899  vote in this state.
  900         (c)Except for the student member, who shall serve a 1-year
  901  term, appointed citizen members shall serve staggered 4-year
  902  terms. In order to achieve staggered terms, beginning September
  903  1, 2018, of the initial appointments, 3 members shall serve 2
  904  year terms, 4 members shall serve 3-year terms, and 4 members
  905  shall serve 4-year terms.
  906         (d)Except for the student member, each citizen member must
  907  be confirmed by the Senate.
  908         (2)Members of the State Board of Colleges may not receive
  909  compensation but may be reimbursed for per diem and travel
  910  expenses as provided in s. 112.061.
  911         Section 19. Section 1001.602, Florida Statutes, is created
  912  to read:
  913         1001.602Powers and duties of the State Board of Colleges.—
  914         (1)RESPONSIBILITIES.—The State Board of Colleges is
  915  responsible for the efficient and effective operation and
  916  maintenance of the Florida College System, as established in s.
  917  1001.60. The State Board of Colleges may adopt rules pursuant to
  918  ss. 120.536(1) and 120.54 to implement provisions of law for the
  919  Florida College System. For the purposes of this section, the
  920  State Board of Colleges is referred to as the “state board.”
  921         (2)DUTIES.—The state board has the following duties:
  922         (a)Ensure that Florida College System institutions operate
  923  consistent with the mission of the system, pursuant to s.
  924  1004.65.
  925         (b)Oversee the Florida College System and coordinate with
  926  the State Board of Education and the Board of Governors to avoid
  927  wasteful duplication of facilities or programs.
  928         (c)Provide for each Florida College System institution to
  929  offer educational training and service programs designed to meet
  930  the needs of both students and the communities served.
  931         (d)Hold meetings, transact business, keep records, and,
  932  except as otherwise provided by law, perform such other duties
  933  as may be necessary for the enforcement of laws and rules
  934  relating to the Florida College System.
  935         (e)Provide for the coordination of educational plans and
  936  programs to resolve controversies, minimize problems of
  937  articulation and student transfers, ensure that students moving
  938  from one level of education to the next have acquired
  939  competencies necessary for satisfactory performance at that
  940  level, and ensure maximum utilization of facilities.
  941         (f)Establish and review, in consultation with the State
  942  Board of Education and the Board of Governors, minimum and
  943  uniform standards of college-level communication and computation
  944  skills generally associated with successful performance and
  945  progression through the baccalaureate level, to identify
  946  college-preparatory high school coursework and postsecondary
  947  level coursework that prepares students with the academic skills
  948  necessary to succeed in postsecondary education.
  949         (g)Approve plans for cooperating with the Federal
  950  Government.
  951         (h)Approve plans for cooperating with other public
  952  agencies in the development of rules and in the enforcement of
  953  laws for which the state board and the agencies are jointly
  954  responsible.
  955         (i)Create subordinate advisory bodies if required by law
  956  or as necessary for the improvement of the Florida College
  957  System.
  958         (j)Coordinate with the State Board of Education and the
  959  Board of Governors to collect and maintain data for the Florida
  960  College System.
  961         (k)Establish, in conjunction with the State Board of
  962  Education and the Board of Governors, an effective information
  963  system that will provide composite data concerning the Florida
  964  College System institutions and state universities and that will
  965  ensure that special analyses and studies concerning the
  966  institutions are conducted, as necessary, for provision of
  967  accurate and cost-effective information concerning the
  968  institutions.
  969         (l)Establish accountability standards for existing
  970  legislative performance goals, standards, and measures, and
  971  order the development of mechanisms to implement new legislative
  972  goals, standards, and measures.
  973         (m)Require each Florida College System institution, before
  974  registration, to provide each enrolled student electronic access
  975  to the economic security report of employment and earning
  976  outcomes prepared by the Department of Economic Opportunity
  977  pursuant to s. 445.07.
  978         (n)Specify, by rule, procedures to be used by Florida
  979  College System institution boards of trustees in the annual
  980  evaluation of presidents, and review the evaluations of
  981  presidents by the boards of trustees, including the extent to
  982  which presidents serve both institutional and system goals.
  983         (o)Establish, subject to existing law, the tuition and
  984  out-of-state fees for developmental education and for credit
  985  instruction that may be counted toward an associate in arts
  986  degree, an associate in applied science degree, or an associate
  987  in science degree.
  988         (p)Develop, in conjunction with the State Board of
  989  Education and the Board of Governors, and implement a common
  990  placement test to assess the basic communication and computation
  991  skills of students who intend to enter a degree program at a
  992  Florida College System institution or state university.
  993         (q)May direct the Chancellor of the Florida College System
  994  to conduct investigations of practices, procedures, or actions
  995  at a Florida College System institution which appear to be
  996  inconsistent with sound financial, management, or academic
  997  practice.
  998         (r)Examine the annual administrative review of each
  999  Florida College System institution.
 1000         (s)Through the Chancellor of the Florida College System,
 1001  integrally work with the Florida College System institution
 1002  boards of trustees.
 1003         (t)Establish criteria for making recommendations
 1004  concerning all proposals to establish additional centers or
 1005  campuses for a Florida College System institution.
 1006         (3)PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with
 1007  the requirements under subsection (4) and the performance
 1008  metrics and standards adopted under ss. 1001.66 and 1001.67, the
 1009  state board shall identify performance metrics for the Florida
 1010  College System and develop a plan that specifies goals and
 1011  objectives for each Florida College System institution. The plan
 1012  must include:
 1013         (a)Performance metrics and standards common for all
 1014  institutions and metrics and standards unique to institutions
 1015  depending on institutional core missions, including, but not
 1016  limited to, remediation success, retention, graduation,
 1017  employment, transfer rates, licensure passage, excess hours,
 1018  student loan burden and default rates, job placement, faculty
 1019  awards, and highly respected rankings for institution and
 1020  program achievements.
 1021         (b)Student enrollment and performance data delineated by
 1022  method of instruction, including, but not limited to,
 1023  traditional, online, and distance learning instruction.
 1024         (4)STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.—
 1025         (a)The state board shall adopt a strategic plan that
 1026  specifies goals and objectives for the Florida College System.
 1027  The plan must be formulated in conjunction with plans of the
 1028  State Board of Education and the Board of Governors in order to
 1029  coordinate the roles of the school districts and state
 1030  universities to best meet state needs and reflect cost-effective
 1031  use of state resources. The strategic plan must clarify the
 1032  mission statements of the Florida College System and each
 1033  Florida College System institution and identify degree programs,
 1034  including baccalaureate degree programs, to be offered at each
 1035  Florida College System institution in accordance with the
 1036  objectives provided in this subsection and the coordinated 5
 1037  year plan pursuant to s. 1001.02(2)(v). The strategic plan must
 1038  cover a period of 5 years, with modification of the program
 1039  lists after 2 years. Development of each 5-year plan must be
 1040  coordinated with and initiated after completion of the master
 1041  plan. The strategic plan must consider reports and
 1042  recommendations of the Higher Education Coordinating Council
 1043  pursuant to s. 1004.015 and the Articulation Coordinating
 1044  Committee pursuant to s. 1007.01. Upon modification of the plan,
 1045  the state board shall submit a report to the President of the
 1046  Senate and the Speaker of the House of Representatives as part
 1047  of its legislative budget request.
 1048         (b)The state board, the State Board of Education, and the
 1049  Board of Governors shall jointly develop long-range plans and
 1050  annual reports for financial aid in this state. The long-range
 1051  plans must establish goals and objectives for a comprehensive
 1052  program of financial aid for students and shall be updated every
 1053  5 years. The annual report must include programs administered by
 1054  the department as well as awards made from financial aid fee
 1055  revenues, other funds appropriated by the Legislature for
 1056  financial assistance, and the value of tuition and fees waived
 1057  for students enrolled in a dual enrollment course at a public
 1058  postsecondary educational institution. The annual report must
 1059  include an assessment of the progress made in achieving goals
 1060  and objectives established in the long-range plans and must
 1061  include recommendations for repealing or modifying existing
 1062  financial aid programs or establishing new programs. The state
 1063  board, the State Board of Education, and the Board of Governors
 1064  shall submit their long-range plans by July 1, 2018, and every 5
 1065  years thereafter and shall submit their annual reports on July
 1066  1, 2018, and in each successive year that a long-range plan is
 1067  not submitted, to the President of the Senate and the Speaker of
 1068  the House of Representatives.
 1069         (c)The state board shall also:
 1070         1.Adopt comprehensive long-range plans and short-range
 1071  programs for the development of the Florida College System.
 1072         2.Assist in the economic development of the state by
 1073  developing a state-level planning process to identify future
 1074  training needs for industry, especially high-technology
 1075  industry.
 1076         3.Adopt criteria and implementation plans for future
 1077  growth issues, such as new Florida College System institutions
 1078  and Florida College System institution campus mergers, and
 1079  provide for cooperative agreements between and within public and
 1080  private education sectors.
 1081         (5)MINIMUM STANDARDS AND GUIDELINES.—The state board shall
 1082  prescribe minimum standards, definitions, and guidelines for
 1083  Florida College System institutions which will ensure the
 1084  quality of education, coordination among the Florida College
 1085  System institutions and state universities, and efficient
 1086  progress toward accomplishing the Florida College System
 1087  institution’s mission. At a minimum, these rules must address
 1088  all of the following:
 1089         (a)Personnel.
 1090         (b)Contracting.
 1091         (c)Program offerings and classification, including
 1092  college-level communication and computation skills associated
 1093  with successful performance in college and with tests and other
 1094  assessment procedures that measure student achievement of those
 1095  skills. The performance measures must provide that students
 1096  moving from one level of education to the next acquire the
 1097  necessary competencies for that level.
 1098         (d)Provisions for curriculum development, graduation
 1099  requirements, college calendars, and program service areas.
 1100  These provisions must include rules that:
 1101         1.Provide for the award of an associate in arts degree to
 1102  a student who successfully completes 60 semester credit hours at
 1103  the Florida College System institution.
 1104         2.Require all of the credits accepted for the associate in
 1105  arts degree to be in the statewide course numbering system as
 1106  credits toward a baccalaureate degree offered by a state
 1107  university or a Florida College System institution.
 1108         3.Require no more than 36 semester credit hours in general
 1109  education courses in the subject areas of communication,
 1110  mathematics, social sciences, humanities, and natural sciences.
 1111  
 1112  The rules under this paragraph should encourage Florida College
 1113  System institutions to enter into agreements with state
 1114  universities which allow a Florida College System institution
 1115  student to complete upper-division-level courses at a Florida
 1116  College System institution. An agreement may provide for
 1117  concurrent enrollment at the Florida College System institution
 1118  and the state university and may authorize the Florida College
 1119  System institution to offer an upper-division-level course or
 1120  distance learning.
 1121         (e)Student admissions, conduct, and discipline;
 1122  nonclassroom activities; and fees.
 1123         (f)Budgeting.
 1124         (g)Business and financial matters.
 1125         (h)Student services.
 1126         (i)Reports, surveys, and information systems, including
 1127  forms and dates of submission.
 1128         (6)CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board
 1129  shall provide for the cyclic review of all academic programs in
 1130  Florida College System institutions at least every 7 years.
 1131  Program reviews must document how individual academic programs
 1132  are achieving stated student learning and program objectives
 1133  within the context of the institution’s mission. The results of
 1134  the program reviews must inform strategic planning, program
 1135  development, and budgeting decisions at the institutional level.
 1136         (7)FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE DEGREE
 1137  PROGRAMS.—The state board shall provide for the review and
 1138  approval of proposals by Florida College System institutions to
 1139  offer baccalaureate degree programs pursuant to s. 1007.33. A
 1140  Florida College System institution, as defined in s. 1000.21,
 1141  which is approved to offer baccalaureate degrees pursuant to s.
 1142  1007.33 remains under the authority of the state board and the
 1143  Florida College System institution’s board of trustees.
 1144         (8)MODIFICATIONS TO SERVICE AREA.—The state board shall
 1145  establish criteria for making recommendations for modifying
 1146  district boundary lines for a Florida College System
 1147  institution, including criteria for service delivery areas of a
 1148  Florida College System institution authorized to grant
 1149  baccalaureate degrees.
 1150         (9)PERFORMANCE OVERSIGHT.—The state board shall oversee
 1151  the performance of Florida College System institution boards of
 1152  trustees in enforcement of all laws and rules. Florida College
 1153  System institution boards of trustees are primarily responsible
 1154  for compliance with law and state board rule.
 1155         (a)In order to ensure compliance with law or state board
 1156  rule, the state board has the authority to request and receive
 1157  information, data, and reports from Florida College System
 1158  institutions. The Florida College System institution president
 1159  is responsible for the accuracy of the information and data
 1160  reported to the state board.
 1161         (b)The Chancellor of the Florida College System may
 1162  investigate allegations of noncompliance with law or state board
 1163  rule and determine probable cause. The chancellor shall report
 1164  determinations of probable cause to the State Board of Colleges,
 1165  which shall require the Florida College System institution board
 1166  of trustees to document compliance with law or state board rule.
 1167         (c)If the Florida College System institution board of
 1168  trustees cannot satisfactorily document compliance, the state
 1169  board may order compliance within a specified timeframe.
 1170         (d)If the state board determines that a Florida College
 1171  System institution board of trustees is unwilling or unable to
 1172  comply with law or state board rule within the specified time,
 1173  the state board has the authority to initiate any of the
 1174  following actions:
 1175         1.Report to the Legislature that the Florida College
 1176  System institution is unwilling or unable to comply with law or
 1177  state board rule and recommend that the Legislature take action
 1178  against the institution;
 1179         2.Withhold the transfer of state funds, discretionary
 1180  grant funds, discretionary lottery funds, or any other funds
 1181  specified as eligible for this purpose by the Legislature until
 1182  the Florida College System institution complies with the law or
 1183  state board rule;
 1184         3.Declare the Florida College System institution
 1185  ineligible for competitive grants; or
 1186         4.Require monthly or periodic reporting on the situation
 1187  related to noncompliance until it is remedied.
 1188         (e)This section may not be construed to create a private
 1189  cause of action or create any rights for individuals or entities
 1190  in addition to those provided elsewhere in law or rule.
 1191         (10)INSPECTOR GENERAL.—The inspector general is
 1192  responsible for promoting accountability, efficiency, and
 1193  effectiveness and detecting fraud and abuse within Florida
 1194  College System institutions. If the Chancellor of the Florida
 1195  College System determines that a Florida College System
 1196  institution board of trustees is unwilling or unable to address
 1197  substantiated allegations made by any person relating to waste,
 1198  fraud, or financial mismanagement within the Florida College
 1199  System institution, the inspector general shall conduct,
 1200  coordinate, or request investigations into such substantiated
 1201  allegations. The inspector general shall have access to all
 1202  information and personnel necessary to perform its duties and
 1203  shall have all of his or her current powers, duties, and
 1204  responsibilities authorized in s. 20.055.
 1205         (11)COORDINATION WITH THE STATE BOARD OF EDUCATION.—The
 1206  state board shall coordinate with the State Board of Education:
 1207         (a)Pursuant to s. 1001.02(2)(e), in the adoption of a K-20
 1208  education budget.
 1209         (b)Pursuant to s. 1001.02(4)(g), to adopt and submit to
 1210  the Legislature a 3-year list of priorities for fixed capital
 1211  outlay projects.
 1212         (12)COMMON POSTSECONDARY DEFINITIONS.—The state board
 1213  shall, in collaboration with the State Board of Education, adopt
 1214  by rule definitions for associate in science degrees and for
 1215  certificates offered by Florida College System institutions.
 1216         Section 20. Subsection (1) of section 1001.61, Florida
 1217  Statutes, is amended to read:
 1218         1001.61 Florida College System institution boards of
 1219  trustees; membership.—
 1220         (1) Florida College System institution boards of trustees
 1221  shall be comprised of five members when a Florida College System
 1222  institution district is confined to one school board district;
 1223  seven members when a Florida College System institution district
 1224  is confined to one school board district and the board of
 1225  trustees so elects; and not more than nine members when the
 1226  district contains two or more school board districts, as
 1227  provided by rules of the State Board of Colleges Education.
 1228  However, Florida State College at Jacksonville shall have an odd
 1229  number of trustees, and St. Johns River State College shall have
 1230  seven trustees from the three-county area that the college
 1231  serves.
 1232         Section 21. Subsections (1) through (4), paragraphs (a) and
 1233  (g) of subsection (8), and subsections (11), (12), (14), (18),
 1234  (19), and (42) of section 1001.64, Florida Statutes, are amended
 1235  to read:
 1236         1001.64 Florida College System institution boards of
 1237  trustees; powers and duties.—
 1238         (1) The boards of trustees shall be responsible for cost
 1239  effective policy decisions appropriate to the Florida College
 1240  System institution’s mission, the implementation and maintenance
 1241  of high-quality education programs within law and rules of the
 1242  State Board of Colleges Education, the measurement of
 1243  performance, the reporting of information, and the provision of
 1244  input regarding state policy, budgeting, and education
 1245  standards.
 1246         (2) Each board of trustees is vested with the
 1247  responsibility to govern its respective Florida College System
 1248  institution and with such necessary authority as is needed for
 1249  the proper operation and improvement thereof in accordance with
 1250  rules of the State Board of Colleges Education.
 1251         (3) A board of trustees shall have the power to take action
 1252  without a recommendation from the president and shall have the
 1253  power to require the president to deliver to the board of
 1254  trustees all data and information required by the board of
 1255  trustees in the performance of its duties. A board of trustees
 1256  shall ask the Chancellor of the Florida College System
 1257  Commissioner of Education to authorize an investigation of the
 1258  president’s actions by the State Board of Colleges’ department’s
 1259  inspector general if the board considers such investigation
 1260  necessary. The inspector general shall provide a report
 1261  detailing each issue under investigation and shall recommend
 1262  corrective action. If the inspector general identifies potential
 1263  legal violations, he or she shall refer the potential legal
 1264  violations to the Commission on Ethics, the Department of Law
 1265  Enforcement, the Attorney General, or another appropriate
 1266  authority.
 1267         (4)(a) The board of trustees, after considering
 1268  recommendations submitted by the Florida College System
 1269  institution president, may adopt rules pursuant to ss.
 1270  120.536(1) and 120.54 to implement the provisions of law
 1271  conferring duties upon it. These rules may supplement those
 1272  prescribed by the State Board of Colleges Education if they will
 1273  contribute to the more orderly and efficient operation of
 1274  Florida College System institutions.
 1275         (b) Each board of trustees is specifically authorized to
 1276  adopt rules, procedures, and policies, consistent with law and
 1277  rules of the State Board of Colleges Education, related to its
 1278  mission and responsibilities as set forth in s. 1004.65, its
 1279  governance, personnel, budget and finance, administration,
 1280  programs, curriculum and instruction, buildings and grounds,
 1281  travel and purchasing, technology, students, contracts and
 1282  grants, or college property.
 1283         (8) Each board of trustees has authority for policies
 1284  related to students, enrollment of students, student records,
 1285  student activities, financial assistance, and other student
 1286  services.
 1287         (a) Each board of trustees shall govern admission of
 1288  students pursuant to s. 1007.263 and rules of the State Board of
 1289  Colleges Education. A board of trustees may establish additional
 1290  admissions criteria, which shall be included in the dual
 1291  enrollment articulation agreement developed according to s.
 1292  1007.271(21), to ensure student readiness for postsecondary
 1293  instruction. Each board of trustees may consider the past
 1294  actions of any person applying for admission or enrollment and
 1295  may deny admission or enrollment to an applicant because of
 1296  misconduct if determined to be in the best interest of the
 1297  Florida College System institution.
 1298         (g) Each board of trustees pursuant to s. 1006.53 shall
 1299  adopt a policy in accordance with rules of the State Board of
 1300  Colleges Education that reasonably accommodates the religious
 1301  observance, practice, and belief of individual students in
 1302  regard to admissions, class attendance, and the scheduling of
 1303  examinations and work assignments.
 1304         (11) Each board of trustees shall submit an institutional
 1305  budget request, including a request for fixed capital outlay,
 1306  and an operating budget to the State Board of Colleges Education
 1307  for review in accordance with guidelines established by the
 1308  State Board of Colleges Education.
 1309         (12) Each board of trustees shall account for expenditures
 1310  of all state, local, federal, and other funds in the manner
 1311  described by the State Board of Colleges Department of
 1312  Education.
 1313         (14) Each board of trustees shall develop a strategic plan
 1314  specifying institutional goals and objectives for the Florida
 1315  College System institution for recommendation to the State Board
 1316  of Colleges Education.
 1317         (18) Each board of trustees shall establish the personnel
 1318  program for all employees of the Florida College System
 1319  institution, including the president, pursuant to the provisions
 1320  of chapter 1012 and rules and guidelines of the State Board of
 1321  Colleges Education, including: compensation and other conditions
 1322  of employment; recruitment and selection; nonreappointment;
 1323  standards for performance and conduct; evaluation; benefits and
 1324  hours of work; leave policies; recognition; inventions and work
 1325  products; travel; learning opportunities; exchange programs;
 1326  academic freedom and responsibility; promotion; assignment;
 1327  demotion; transfer; ethical obligations and conflict of
 1328  interest; restrictive covenants; disciplinary actions;
 1329  complaints; appeals and grievance procedures; and separation and
 1330  termination from employment.
 1331         (19) Each board of trustees shall appoint, suspend, or
 1332  remove the president of the Florida College System institution.
 1333  The board of trustees may appoint a search committee. The board
 1334  of trustees shall conduct annual evaluations of the president in
 1335  accordance with rules of the State Board of Colleges Education
 1336  and submit such evaluations to the State Board of Colleges
 1337  Education for review. The evaluation must address the
 1338  achievement of the performance goals established by the
 1339  accountability process implemented pursuant to s. 1008.45 and
 1340  the performance of the president in achieving the annual and
 1341  long-term goals and objectives established in the Florida
 1342  College System institution’s employment accountability program
 1343  implemented pursuant to s. 1012.86.
 1344         (42) Each board of trustees shall implement a plan, in
 1345  accordance with guidelines of the State Board of Colleges
 1346  Education, for working on a regular basis with the other Florida
 1347  College System institution boards of trustees, representatives
 1348  of the university boards of trustees, and representatives of the
 1349  district school boards to achieve the goals of the seamless
 1350  education system.
 1351         Section 22. Subsections (1) through (5), (7), (11), (13),
 1352  (18), (21), and (22) of section 1001.65, Florida Statutes, are
 1353  amended to read:
 1354         1001.65 Florida College System institution presidents;
 1355  powers and duties.—The president is the chief executive officer
 1356  of the Florida College System institution, shall be corporate
 1357  secretary of the Florida College System institution board of
 1358  trustees, and is responsible for the operation and
 1359  administration of the Florida College System institution. Each
 1360  Florida College System institution president shall:
 1361         (1) Recommend the adoption of rules, as appropriate, to the
 1362  Florida College System institution board of trustees to
 1363  implement provisions of law governing the operation and
 1364  administration of the Florida College System institution, which
 1365  shall include the specific powers and duties enumerated in this
 1366  section. Such rules shall be consistent with law, the mission of
 1367  the Florida College System institution, and the rules and
 1368  policies of the State Board of Colleges Education.
 1369         (2) Prepare a budget request and an operating budget
 1370  pursuant to s. 1011.30 for approval by the Florida College
 1371  System institution board of trustees at such time and in such
 1372  format as the State Board of Colleges Education may prescribe.
 1373         (3) Establish and implement policies and procedures to
 1374  recruit, appoint, transfer, promote, compensate, evaluate,
 1375  reward, demote, discipline, and remove personnel, within law and
 1376  rules of the State Board of Colleges Education and in accordance
 1377  with rules or policies approved by the Florida College System
 1378  institution board of trustees.
 1379         (4) Govern admissions, subject to law and rules or policies
 1380  of the Florida College System institution board of trustees and
 1381  the State Board of Colleges Education.
 1382         (5) Approve, execute, and administer contracts for and on
 1383  behalf of the Florida College System institution board of
 1384  trustees for licenses; the acquisition or provision of
 1385  commodities, goods, equipment, and services; leases of real and
 1386  personal property; and planning and construction to be rendered
 1387  to or by the Florida College System institution, provided such
 1388  contracts are within law and guidelines of the State Board of
 1389  Colleges Education and in conformance with policies of the
 1390  Florida College System institution board of trustees, and are
 1391  for the implementation of approved programs of the Florida
 1392  College System institution.
 1393         (7) Establish the internal academic calendar of the Florida
 1394  College System institution within general guidelines of the
 1395  State Board of Colleges Education.
 1396         (11) Recommend to the board of trustees a schedule of
 1397  tuition and fees to be charged by the Florida College System
 1398  institution, within law and rules of the State Board of Colleges
 1399  Education.
 1400         (13) Review periodically the operations of the Florida
 1401  College System institution in order to determine how effectively
 1402  and efficiently the Florida College System institution is being
 1403  administered and whether it is meeting the goals of its
 1404  strategic plan adopted by the State Board of Colleges Education.
 1405         (18) Certify to the department a project’s compliance with
 1406  the requirements for expenditure of PECO funds prior to release
 1407  of funds pursuant to the provisions of chapter 1013.
 1408         (21) Have authority, after notice to the student of the
 1409  charges and after a hearing thereon, to expel, suspend, or
 1410  otherwise discipline any student who is found to have violated
 1411  any law, ordinance, or rule or regulation of the State Board of
 1412  Colleges Education or of the board of trustees of the Florida
 1413  College System institution pursuant to the provisions of s.
 1414  1006.62.
 1415         (22) Submit an annual employment accountability plan to the
 1416  State Board of Colleges Department of Education pursuant to the
 1417  provisions of s. 1012.86.
 1418         Section 23. Effective July 1, 2018, section 1001.66,
 1419  Florida Statutes, is amended to read:
 1420         1001.66 Florida College System Performance-Based
 1421  Incentive.—
 1422         (1) The State Board of Colleges shall adopt the following
 1423  performance-based metrics for use in awarding a Florida College
 1424  System Performance-Based Incentive shall be awarded to a Florida
 1425  College System institution: institutions using performance-based
 1426  metrics
 1427         (a)A student retention rate, as calculated by the State
 1428  Board of Colleges;
 1429         (b)A 100 percent-of-normal-time program completion and
 1430  graduation rate for full-time, first-time-in-college students,
 1431  as calculated by the State Board of Colleges using a cohort
 1432  definition of “full-time” based on a student’s majority
 1433  enrollment in full-time terms. This paragraph does not apply to
 1434  nondegree-seeking students;
 1435         (c)A continuing education or postgraduation job placement
 1436  rate for workforce education programs, including workforce
 1437  baccalaureate degree programs, as reported by the Florida
 1438  Education and Training Placement Information Program, with wage
 1439  thresholds that reflect the added value of the applicable
 1440  certificate or degree. This paragraph does not apply to
 1441  associate in arts degrees;
 1442         (d)A graduation rate for full-time, first-time-in-college
 1443  students enrolled in an associate of arts degree program who
 1444  graduate with a baccalaureate degree in 4 years after initially
 1445  enrolling in an associates of arts degree program; and
 1446         (e)One performance-based metric on college affordability
 1447  adopted by the State Board of Education. The performance-based
 1448  metrics must include retention rates; program completion and
 1449  graduation rates; postgraduation employment, salaries, and
 1450  continuing education for workforce education and baccalaureate
 1451  programs, with wage thresholds that reflect the added value of
 1452  the certificate or degree; and outcome measures appropriate for
 1453  associate of arts degree recipients.
 1454  
 1455  The state board shall adopt benchmarks to evaluate each
 1456  institution’s performance on the metrics to measure the
 1457  institution’s achievement of institutional excellence or need
 1458  for improvement and the minimum requirements for eligibility to
 1459  receive performance funding.
 1460         (2) Each fiscal year, the amount of funds available for
 1461  allocation to the Florida College System institutions based on
 1462  the performance-based funding model shall consist of the state’s
 1463  investment in performance funding plus institutional investments
 1464  consisting of funds to be redistributed from the base funding of
 1465  the Florida College System Program Fund as determined in the
 1466  General Appropriations Act. The State Board of Colleges
 1467  Education shall establish minimum performance funding
 1468  eligibility thresholds for the state’s investment and the
 1469  institutional investments. An institution that meets the minimum
 1470  institutional investment eligibility threshold, but fails to
 1471  meet the minimum state investment eligibility threshold, shall
 1472  have its institutional investment restored but is ineligible for
 1473  a share of the state’s investment in performance funding. The
 1474  institutional investment shall be restored for all institutions
 1475  eligible for the state’s investment under the performance-based
 1476  funding model.
 1477         (3)(a) Each Florida College System institution’s share of
 1478  the performance funding shall be calculated based on its
 1479  relative performance on the established metrics in conjunction
 1480  with the institutional size and scope.
 1481         (b) A Florida College System institution that fails to meet
 1482  the State Board of Colleges’ Education’s minimum institutional
 1483  investment performance funding eligibility threshold shall have
 1484  a portion of its institutional investment withheld by the state
 1485  board and must submit an improvement plan to the state board
 1486  which specifies the activities and strategies for improving the
 1487  institution’s performance. The state board must review and
 1488  approve the improvement plan and, if the plan is approved, must
 1489  monitor the institution’s progress in implementing the
 1490  activities and strategies specified in the improvement plan. The
 1491  institution shall submit monitoring reports to the state board
 1492  by December 31 and May 31 of each year in which an improvement
 1493  plan is in place. Beginning in the 2017-2018 fiscal year, the
 1494  ability of an institution to submit an improvement plan to the
 1495  state board is limited to 1 fiscal year.
 1496         (c) The Chancellor of the Florida College System
 1497  Commissioner of Education shall withhold disbursement of the
 1498  institutional investment until the monitoring report is approved
 1499  by the State Board of Colleges Education. A Florida College
 1500  System institution determined by the state board to be making
 1501  satisfactory progress on implementing the improvement plan shall
 1502  receive no more than one-half of the withheld institutional
 1503  investment in January and the balance of the withheld
 1504  institutional investment in June. An institution that fails to
 1505  make satisfactory progress may not have its full institutional
 1506  investment restored. Any institutional investment funds that are
 1507  not restored shall be redistributed in accordance with the state
 1508  board’s performance-based metrics.
 1509         (4) Distributions of performance funding, as provided in
 1510  this section, shall be made to each of the Florida College
 1511  System institutions listed in the Florida Colleges category in
 1512  the General Appropriations Act.
 1513         (5) By October 1 of each year, the State Board of Colleges
 1514  Education shall submit to the Governor, the President of the
 1515  Senate, and the Speaker of the House of Representatives a report
 1516  on the previous fiscal year’s performance funding allocation,
 1517  which must reflect the rankings and award distributions.
 1518         (6) The State Board of Colleges Education shall adopt rules
 1519  to administer this section.
 1520         Section 24. Effective July 1, 2018, section 1001.67,
 1521  Florida Statutes, is amended to read:
 1522         1001.67 Distinguished Florida College System Institution
 1523  Program.—A collaborative partnership is established between the
 1524  State Board of Colleges Education and the Legislature to
 1525  recognize the excellence of Florida’s highest-performing Florida
 1526  College System institutions.
 1527         (1) EXCELLENCE STANDARDS.—The following excellence
 1528  standards are established for the program:
 1529         (a) A 100 150 percent-of-normal-time completion rate for
 1530  full-time, first-time-in-college students of 50 percent or
 1531  higher, as calculated by the State Board of Division of Florida
 1532  Colleges.
 1533         (b) A 100 150 percent-of-normal-time completion rate for
 1534  full-time, first-time-in-college Pell Grant recipients of 40
 1535  percent or higher, as calculated by the State Board of Division
 1536  of Florida Colleges.
 1537         (c) A retention rate of 70 percent or higher, as calculated
 1538  by the State Board of Division of Florida Colleges.
 1539         (d) A continuing education, or transfer, rate of 72 percent
 1540  or higher for students graduating with an associate of arts
 1541  degree, as reported by the Florida Education and Training
 1542  Placement Information Program (FETPIP).
 1543         (e) A licensure passage rate on the National Council
 1544  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 1545  percent or higher for first-time exam takers, as reported by the
 1546  Board of Nursing.
 1547         (f) A job placement or continuing education or job
 1548  placement rate of 88 percent or higher for workforce programs,
 1549  as reported by FETPIP, with wage thresholds that reflect the
 1550  added value of the applicable certificate or degree. This
 1551  paragraph does not apply to associate of arts degrees.
 1552         (g) An excess hours rate of 40 percent or lower for A time
 1553  to-degree for students graduating with an associate of arts
 1554  degree recipients who graduate with 72 or more credit hours, as
 1555  calculated by the State Board of Colleges of 2.25 years or less
 1556  for first-time-in-college students with accelerated college
 1557  credits, as reported by the Southern Regional Education Board.
 1558         (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 1559  Colleges Education shall designate each Florida College System
 1560  institution that meets five of the seven standards identified in
 1561  subsection (1) as a distinguished college.
 1562         (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
 1563  institution designated as a distinguished college by the State
 1564  Board of Colleges Education is eligible for funding as specified
 1565  in the General Appropriations Act.
 1566         Section 25. Effective July 1, 2018, subsection (9) of
 1567  section 1001.706, Florida Statutes, is amended to read:
 1568         1001.706 Powers and duties of the Board of Governors.—
 1569         (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
 1570  shall implement a plan for working on a regular basis with the
 1571  State Board of Education, the State Board of Colleges, the
 1572  Commission for Independent Education, the Higher Education
 1573  Coordinating Council, the Articulation Coordinating Committee,
 1574  the university boards of trustees, representatives of the
 1575  Florida College System institution boards of trustees,
 1576  representatives of the private colleges and universities, and
 1577  representatives of the district school boards to achieve a
 1578  seamless education system.
 1579         Section 26. Section 1002.34, Florida Statutes, is amended
 1580  to read:
 1581         1002.34 Charter technical career centers; governance,
 1582  mission, and responsibilities.—
 1583         (1) MISSION AND AUTHORIZATION.—
 1584         (a)The primary mission of a charter technical career
 1585  center is to promote The Legislature finds that the
 1586  establishment of charter technical career centers can assist in
 1587  promoting advances and innovations in workforce preparation and
 1588  economic development. A charter technical career center may
 1589  provide a learning environment that better serves the needs of a
 1590  specific population group or a group of occupations, thus
 1591  promoting diversity and choices within the public education and
 1592  public postsecondary technical education community in this
 1593  state. Therefore, the creation of such centers is authorized as
 1594  part of the state’s program of public education. A charter
 1595  technical career center may be formed by creating a new school
 1596  or converting an existing school district or Florida College
 1597  System institution program to charter technical status.
 1598         (b)A charter technical career center that is operated by a
 1599  district school board may not offer a college credit course or
 1600  college credit certificate or an associate degree or
 1601  baccalaureate degree program.
 1602         (2) PURPOSE.—The purpose of a charter technical career
 1603  center is to:
 1604         (a) Develop a competitive workforce to support local
 1605  business and industry and economic development.
 1606         (b) Create a training and education model that is
 1607  reflective of marketplace realities.
 1608         (c) Offer a continuum of career educational opportunities
 1609  using a school-to-work, tech-prep, technical, academy, and
 1610  magnet school model.
 1611         (d) Provide career pathways for lifelong learning and
 1612  career mobility.
 1613         (e) Enhance career and technical training.
 1614         (3) DEFINITIONS.—As used in this section, the term:
 1615         (a) “Charter technical career center” or “center” means a
 1616  public school or a public technical center operated under a
 1617  charter granted by a district school board or Florida College
 1618  System institution board of trustees or a consortium, including
 1619  one or more district school boards and Florida College System
 1620  institution boards of trustees, that includes the district in
 1621  which the facility is located, that is nonsectarian in its
 1622  programs, admission policies, employment practices, and
 1623  operations, and is managed by a board of directors.
 1624         (b) “Sponsor” means a district school board, a Florida
 1625  College System institution board of trustees, or a consortium of
 1626  one or more of each.
 1627         (4) CHARTER.—A sponsor may designate centers as provided in
 1628  this section. An application to establish a center may be
 1629  submitted by a sponsor or another organization that is
 1630  determined, by rule of the State Board of Education, to be
 1631  appropriate. However, an independent school is not eligible for
 1632  status as a center. The charter must be signed by the governing
 1633  body of the center and the sponsor and must be approved by the
 1634  district school board and Florida College System institution
 1635  board of trustees in whose geographic region the facility is
 1636  located. If a charter technical career center is established by
 1637  the conversion to charter status of a public technical center
 1638  formerly governed by a district school board, the charter status
 1639  of that center takes precedence in any question of governance.
 1640  The governance of the center or of any program within the center
 1641  remains with its board of directors unless the board agrees to a
 1642  change in governance or its charter is revoked as provided in
 1643  subsection (15). Such a conversion charter technical career
 1644  center is not affected by a change in the governance of public
 1645  technical centers or of programs within other centers that are
 1646  or have been governed by district school boards. A charter
 1647  technical career center, or any program within such a center,
 1648  that was governed by a district school board and transferred to
 1649  a Florida College System institution prior to the effective date
 1650  of this act is not affected by this provision. An applicant who
 1651  wishes to establish a center must submit to the district school
 1652  board or Florida College System institution board of trustees,
 1653  or a consortium of one or more of each, an application on a form
 1654  developed by the Department of Education which includes:
 1655         (a) The name of the proposed center.
 1656         (b) The proposed structure of the center, including a list
 1657  of proposed members of the board of directors or a description
 1658  of the qualifications for and method of their appointment or
 1659  election.
 1660         (c) The workforce development goals of the center, the
 1661  curriculum to be offered, and the outcomes and the methods of
 1662  assessing the extent to which the outcomes are met.
 1663         (d) The admissions policy and criteria for evaluating the
 1664  admission of students.
 1665         (e) A description of the staff responsibilities and the
 1666  proposed qualifications of the teaching staff.
 1667         (f) A description of the procedures to be implemented to
 1668  ensure significant involvement of representatives of business
 1669  and industry in the operation of the center.
 1670         (g) A method for determining whether a student has
 1671  satisfied the requirements for graduation specified in s.
 1672  1002.3105(5), s. 1003.4281, or s. 1003.4282 and for completion
 1673  of a postsecondary certificate or degree.
 1674         (h) A method for granting secondary and postsecondary
 1675  diplomas, certificates, and degrees.
 1676         (i) A description of and address for the physical facility
 1677  in which the center will be located.
 1678         (j) A method for resolving conflicts between the governing
 1679  body of the center and the sponsor and between consortium
 1680  members, if applicable.
 1681         (k) A method for reporting student data as required by law
 1682  and rule.
 1683         (l) A statement that the applicant has participated in the
 1684  training provided by the Department of Education.
 1685         (m) The identity of all relatives employed by the charter
 1686  technical career center who are related to the center owner,
 1687  president, chairperson of the governing board of directors,
 1688  superintendent, governing board member, principal, assistant
 1689  principal, or any other person employed by the center who has
 1690  equivalent decisionmaking authority. As used in this paragraph,
 1691  the term “relative” means father, mother, son, daughter,
 1692  brother, sister, uncle, aunt, first cousin, nephew, niece,
 1693  husband, wife, father-in-law, mother-in-law, son-in-law,
 1694  daughter-in-law, brother-in-law, sister-in-law, stepfather,
 1695  stepmother, stepson, stepdaughter, stepbrother, stepsister, half
 1696  brother, or half sister.
 1697         (n) Other information required by the district school board
 1698  or Florida College System institution board of trustees.
 1699  
 1700  Students at a center must meet the same testing and academic
 1701  performance standards as those established by law and rule for
 1702  students at public schools and public technical centers. The
 1703  students must also meet any additional assessment indicators
 1704  that are included within the charter approved by the district
 1705  school board or Florida College System institution board of
 1706  trustees.
 1707         (5) APPLICATION.—An application to establish a center must
 1708  be submitted by February 1 of the year preceding the school year
 1709  in which the center will begin operation. The sponsor must
 1710  review the application using an evaluation instrument developed
 1711  by the Department of Education and make a final decision on
 1712  whether to approve the application and grant the charter by
 1713  March 1, and may condition the granting of a charter on the
 1714  center’s taking certain actions or maintaining certain
 1715  conditions. Such actions and conditions must be provided to the
 1716  applicant in writing. The district school board or Florida
 1717  College System institution board of trustees is not required to
 1718  issue a charter to any person.
 1719         (6) SPONSOR.—A district school board or Florida College
 1720  System institution board of trustees or a consortium of one or
 1721  more of each may sponsor a center in the county in which the
 1722  board has jurisdiction.
 1723         (a) A sponsor must review all applications for centers
 1724  received through at least February 1 of each calendar year for
 1725  centers to be opened at the beginning of the sponsor’s next
 1726  school year. A sponsor may receive applications later than this
 1727  date if it so chooses. To facilitate an accurate budget
 1728  projection process, a sponsor shall be held harmless for FTE
 1729  students who are not included in the FTE projection due to
 1730  approval of applications after the FTE projection deadline. A
 1731  sponsor must, by a majority vote, approve or deny an application
 1732  no later than 60 days after the application is received. If an
 1733  application is denied, the sponsor must, within 10 days, notify
 1734  the applicant in writing of the specific reasons for denial,
 1735  which must be based upon good cause. Upon approval of a charter
 1736  application, the initial startup must be consistent with the
 1737  beginning of the public school or Florida College System
 1738  institution calendar for the district in which the charter is
 1739  granted, unless the sponsor allows a waiver of this provision
 1740  for good cause.
 1741         (b) An applicant may appeal any denial of its application
 1742  to the State Board of Education within 30 days after the
 1743  sponsor’s denial and shall notify the sponsor of its appeal. Any
 1744  response of the sponsor must be submitted to the state board
 1745  within 30 days after notification of the appeal. The State Board
 1746  of Education must, by majority vote, accept or reject the
 1747  decision of the sponsor no later than 60 days after an appeal is
 1748  filed, pursuant to State Board of Education rule. The State
 1749  Board of Education may reject an appeal for failure to comply
 1750  with procedural rules governing the appeals process, and the
 1751  rejection must describe the submission errors. The appellant may
 1752  have up to 15 days after notice of rejection to resubmit an
 1753  appeal. An application for appeal submitted after a rejection is
 1754  timely if the original appeal was filed within 30 days after the
 1755  sponsor’s denial. The State Board of Education shall remand the
 1756  application to the sponsor with a written recommendation that
 1757  the sponsor approve or deny the application, consistent with the
 1758  state board’s decision. The decision of the State Board of
 1759  Education is not subject to the provisions of chapter 120.
 1760         (c) The sponsor must act upon the recommendation of the
 1761  State Board of Education within 30 days after it is received,
 1762  unless the sponsor determines by competent substantial evidence
 1763  that approving the state board’s recommendation would be
 1764  contrary to law or the best interests of the students or the
 1765  community. The sponsor must notify the applicant in writing
 1766  concerning the specific reasons for its failure to follow the
 1767  state board’s recommendation. The sponsor’s action on the state
 1768  board’s recommendation is a final action, subject to judicial
 1769  review.
 1770         (d)1. The Department of Education shall offer or arrange
 1771  for training and technical assistance to centers which must
 1772  include developing and amending business plans, estimating and
 1773  accounting for costs and income, complying with state and
 1774  federal grant and student performance accountability reporting
 1775  requirements, implementing good business practices, and
 1776  identifying state and federal financial aid the center may be
 1777  eligible to receive.
 1778         2. An applicant must participate in the training provided
 1779  by the department after approval of its application but at least
 1780  30 days before the first day of classes at the center. The
 1781  department may provide technical assistance to an applicant upon
 1782  written request.
 1783         (e) The terms and conditions for the operation of a center
 1784  must be agreed to by the sponsor and the applicant in a written
 1785  contract. The sponsor may not impose unreasonable requirements
 1786  that violate the intent of giving centers greater flexibility to
 1787  meet educational goals. The applicant and sponsor must reach an
 1788  agreement on the provisions of the contract or the application
 1789  is deemed denied.
 1790         (f) The sponsor shall monitor and review the center’s
 1791  progress toward charter goals and shall monitor the center’s
 1792  revenues and expenditures. The sponsor shall perform the duties
 1793  provided in s. 1002.345.
 1794         (7) LEGAL ENTITY.—A center must organize as a nonprofit
 1795  organization and adopt a name and corporate seal. A center is a
 1796  body corporate and politic, with all powers to implement its
 1797  charter program. The center may:
 1798         (a) Be a private or a public employer.
 1799         (b) Sue and be sued, but only to the same extent and upon
 1800  the same conditions that a public entity can be sued.
 1801         (c) Acquire real property by purchase, lease, lease with an
 1802  option to purchase, or gift, to use as a center facility.
 1803         (d) Receive and disburse funds.
 1804         (e) Enter into contracts or leases for services, equipment,
 1805  or supplies.
 1806         (f) Incur temporary debts in anticipation of the receipt of
 1807  funds.
 1808         (g) Solicit and accept gifts or grants for career center
 1809  purposes.
 1810         (h) Take any other action that is not inconsistent with
 1811  this section and rules adopted under this section.
 1812         (8) ELIGIBLE STUDENTS.—A center must be open to all
 1813  students as space is available and may not discriminate in
 1814  admissions policies or practices on the basis of an individual’s
 1815  physical disability or proficiency in English or on any other
 1816  basis that would be unlawful if practiced by a public school or
 1817  a Florida College System institution. A center may establish
 1818  reasonable criteria by which to evaluate prospective students,
 1819  which criteria must be outlined in the charter.
 1820         (9) FACILITIES.—A center may be located in any suitable
 1821  location, including part of an existing public school or Florida
 1822  College System institution building, space provided on a public
 1823  worksite, or a public building. A center’s facilities must
 1824  comply with the State Uniform Building Code for Public
 1825  Educational Facilities Construction adopted pursuant to s.
 1826  1013.37, or with applicable state minimum building codes
 1827  pursuant to chapter 553, and state minimum fire protection codes
 1828  pursuant to s. 633.208, adopted by the authority in whose
 1829  jurisdiction the facility is located. If K-12 public school
 1830  funds are used for construction, the facility must remain on the
 1831  local school district’s Florida Inventory of School Houses
 1832  (FISH) school building inventory of the district school board
 1833  and must revert to the district school board if the consortium
 1834  dissolves and the program is discontinued. If Florida College
 1835  System institution public school funds are used for
 1836  construction, the facility must remain on the local Florida
 1837  College System institution’s facilities inventory and must
 1838  revert to the local Florida College System institution board of
 1839  trustees if the consortium dissolves and the program is
 1840  discontinued. The additional student capacity created by the
 1841  addition of the center to the local school district’s FISH may
 1842  not be calculated in the permanent student capacity for the
 1843  purpose of determining need or eligibility for state capital
 1844  outlay funds while the facility is used as a center. If the
 1845  construction of the center is funded jointly by K-12 public
 1846  school funds and Florida College System institution funds, the
 1847  sponsoring entities must agree, before granting the charter, on
 1848  the appropriate owner and terms of transfer of the facility if
 1849  the charter is dissolved.
 1850         (10) EXEMPTION FROM STATUTES.—
 1851         (a) A center must operate pursuant to its charter and is
 1852  exempt from all statutes of the Florida School Code except
 1853  provisions pertaining to civil rights and to student health,
 1854  safety, and welfare, or as otherwise required by law.
 1855         (b) A center must comply with the Florida K-20 Education
 1856  Code with respect to providing services to students with
 1857  disabilities.
 1858         (c) A center must comply with the antidiscrimination
 1859  provisions in s. 1000.05 and the provisions in s. 1002.33(24)
 1860  which relate to the employment of relatives.
 1861         (11) FUNDING.—
 1862         (a) Notwithstanding any other provision of law, a charter
 1863  technical career center’s student membership enrollment must be
 1864  calculated pursuant to this section.
 1865         (b) Each district school board and Florida College System
 1866  institution that sponsors a charter technical career center
 1867  shall pay directly to the center an amount stated in the
 1868  charter. State funding shall be generated for the center for its
 1869  student enrollment and program outcomes as provided in law. A
 1870  center is eligible for funding from workforce education funds,
 1871  the Florida Education Finance Program, and the Florida College
 1872  System Program Fund, depending upon the programs conducted by
 1873  the center.
 1874         (c) A center may receive other state and federal aid,
 1875  grants, and revenue through the district school board or Florida
 1876  College System institution board of trustees.
 1877         (d) A center may receive gifts and grants from private
 1878  sources.
 1879         (e) A center may not levy taxes or issue bonds, but it may
 1880  charge a student tuition fee consistent with authority granted
 1881  in its charter and permitted by law.
 1882         (f) A center shall provide for an annual financial audit in
 1883  accordance with s. 218.39. A center shall provide a monthly
 1884  financial statement to the sponsor. The monthly financial
 1885  statement shall be in a form prescribed by the Department of
 1886  Education.
 1887         (g) A center must define in the charter agreement the
 1888  delivery system in which the instructional offering of
 1889  educational services will be placed. The rules governing this
 1890  delivery system must be applied to all of the center’s students
 1891  and must authorize all other sponsoring educational systems to
 1892  report required enrollment and student data based solely on the
 1893  rules of the offering institution. Each sponsor shall earn full
 1894  time equivalent membership for each student for funding and
 1895  reporting purposes.
 1896         (12) EMPLOYEES OF A CENTER.—
 1897         (a) A center may select its own employees.
 1898         (b) A center may contract for services with an individual,
 1899  partnership, or a cooperative. Such persons contracted with are
 1900  not public employees.
 1901         (c) If a center contracts with a public educational agency
 1902  for services, the terms of employment must follow existing state
 1903  law and rule and local policies and procedures.
 1904         (d) The employees of a center may bargain collectively, as
 1905  a separate unit or as part of the existing district collective
 1906  bargaining unit, as determined by the structure of the center.
 1907         (e) As a public employer, a center may participate in:
 1908         1. The Florida Retirement System upon application and
 1909  approval as a “covered group” under s. 121.021(34). If a center
 1910  participates in the Florida Retirement System, its employees are
 1911  compulsory members of the Florida Retirement System.
 1912         2. The State Community College System Optional Retirement
 1913  Program pursuant to s. 1012.875(2), if the charter is granted by
 1914  a Florida College System institution that participates in the
 1915  optional retirement program and meets the eligibility criteria
 1916  of s. 121.051(2)(c).
 1917         (f) Teachers who are considered qualified by the career
 1918  center are exempt from state certification requirements.
 1919         (g) A public school or Florida College System institution
 1920  teacher or administrator may take a leave of absence to accept
 1921  employment in a charter technical career center upon the
 1922  approval of the school district or Florida College System
 1923  institution.
 1924         (h) An employee who is on a leave of absence under this
 1925  section may retain seniority accrued in that school district or
 1926  Florida College System institution and may continue to be
 1927  covered by the benefit programs of that district or Florida
 1928  College System institution if the center and the district school
 1929  board or Florida College System institution board of trustees
 1930  agree to this arrangement and its financing.
 1931         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
 1932  of a center may decide matters relating to the operation of the
 1933  school, including budgeting, curriculum, and operating
 1934  procedures, subject to the center’s charter. The board of
 1935  directors is responsible for performing the duties provided in
 1936  s. 1002.345, including monitoring the corrective action plan.
 1937  The board of directors must comply with s. 1002.33(26).
 1938         (14) ACCOUNTABILITY.—Each center must submit a report to
 1939  the participating district school board or Florida College
 1940  System institution board of trustees by August 1 of each year.
 1941  The report must be in such form as the sponsor prescribes and
 1942  must include:
 1943         (a) A discussion of progress made toward the achievement of
 1944  the goals outlined in the center’s charter.
 1945         (b) A financial statement setting forth by appropriate
 1946  categories the revenue and expenditures for the previous school
 1947  year.
 1948         (15) TERMS OF THE CHARTER.—The term of an initial charter
 1949  may not exceed 5 years. Thereafter, the sponsor may renew a
 1950  charter for a period up to 5 years. The sponsor may refuse to
 1951  renew a charter or may revoke a charter if the center has not
 1952  fulfilled a condition imposed under the charter or if the center
 1953  has violated any provision of the charter. The sponsor may place
 1954  the center on probationary status to allow the implementation of
 1955  a remedial plan, after which, if the plan is unsuccessful, the
 1956  charter may be summarily revoked. The sponsor shall develop
 1957  procedures and guidelines for the revocation and renewal of a
 1958  center’s charter. The sponsor must give written notice of its
 1959  intent not to renew the charter at least 12 months before the
 1960  charter expires. If the sponsor revokes a charter before the
 1961  scheduled expiration date, the sponsor must provide written
 1962  notice to the governing board of the center at least 60 days
 1963  before the date of termination, stating the grounds for the
 1964  proposed revocation. The governing board of the center may
 1965  request in writing an informal hearing before the sponsor within
 1966  14 days after receiving the notice of revocation. A revocation
 1967  takes effect at the conclusion of a school year, unless the
 1968  sponsor determines that earlier revocation is necessary to
 1969  protect the health, safety, and welfare of students. The sponsor
 1970  shall monitor and review the center in its progress toward the
 1971  goals established in the charter and shall monitor the revenues
 1972  and expenditures of the center.
 1973         (16) TRANSPORTATION.—The center may provide transportation,
 1974  pursuant to chapter 1006, through a contract with the district
 1975  school board or the Florida College System institution board of
 1976  trustees, a private provider, or parents of students. The center
 1977  must ensure that transportation is not a barrier to equal access
 1978  for all students in grades K-12 residing within a reasonable
 1979  distance of the facility.
 1980         (17) IMMUNITY.—For the purposes of tort liability, the
 1981  governing body and employees of a center are governed by s.
 1982  768.28.
 1983         (18) RULES.—The State Board of Education, for technical
 1984  centers operated by school districts, and the State Board of
 1985  Colleges, for technical centers operated by Florida College
 1986  System institutions, shall adopt rules, pursuant to ss.
 1987  120.536(1) and 120.54, relating to the implementation of charter
 1988  technical career centers, including rules to implement a charter
 1989  model application form and an evaluation instrument in
 1990  accordance with this section.
 1991         (19) EVALUATION; REPORT.—The Commissioner of Education
 1992  shall provide for an annual comparative evaluation of charter
 1993  technical career centers and public technical centers. The
 1994  evaluation may be conducted in cooperation with the sponsor,
 1995  through private contracts, or by department staff. At a minimum,
 1996  the comparative evaluation must address the demographic and
 1997  socioeconomic characteristics of the students served, the types
 1998  and costs of services provided, and the outcomes achieved. By
 1999  December 30 of each year, the Commissioner of Education shall
 2000  submit to the Governor, the President of the Senate, the Speaker
 2001  of the House of Representatives, and the Senate and House
 2002  committees that have responsibility for secondary and
 2003  postsecondary career and technical education a report of the
 2004  comparative evaluation completed for the previous school year.
 2005         Section 27. Paragraph (b) of subsection (4) of section
 2006  1003.491, Florida Statutes, is amended to read:
 2007         1003.491 Florida Career and Professional Education Act.—The
 2008  Florida Career and Professional Education Act is created to
 2009  provide a statewide planning partnership between the business
 2010  and education communities in order to attract, expand, and
 2011  retain targeted, high-value industry and to sustain a strong,
 2012  knowledge-based economy.
 2013         (4) The State Board of Education shall establish a process
 2014  for the continual and uninterrupted review of newly proposed
 2015  core secondary courses and existing courses requested to be
 2016  considered as core courses to ensure that sufficient rigor and
 2017  relevance is provided for workforce skills and postsecondary
 2018  education and aligned to state curriculum standards.
 2019         (b) The curriculum review committee shall review newly
 2020  proposed core courses electronically. Each proposed core course
 2021  shall be approved or denied within 30 days after submission by a
 2022  district school board or local workforce development board. All
 2023  courses approved as core courses for purposes of middle school
 2024  promotion and high school graduation shall be immediately added
 2025  to the Course Code Directory. Approved core courses shall also
 2026  be reviewed and considered for approval for dual enrollment
 2027  credit. The Board of Governors, the State Board of Colleges, and
 2028  the Commissioner of Education shall jointly recommend an annual
 2029  deadline for approval of new core courses to be included for
 2030  purposes of postsecondary admissions and dual enrollment credit
 2031  the following academic year. The State Board of Education shall
 2032  establish an appeals process in the event that a proposed course
 2033  is denied which shall require a consensus ruling by the
 2034  Department of Economic Opportunity and the Commissioner of
 2035  Education within 15 days.
 2036         Section 28. Paragraph (b) of subsection (4) of section
 2037  1003.493, Florida Statutes, is amended to read:
 2038         1003.493 Career and professional academies and career
 2039  themed courses.—
 2040         (4) Each career and professional academy and secondary
 2041  school providing a career-themed course must:
 2042         (b) Include one or more partnerships with postsecondary
 2043  institutions, businesses, industry, employers, economic
 2044  development organizations, or other appropriate partners from
 2045  the local community. Such partnerships with postsecondary
 2046  institutions shall be delineated in articulation agreements and
 2047  include any career and professional academy courses or career
 2048  themed courses that earn postsecondary credit. Such agreements
 2049  may include articulation between the secondary school and public
 2050  or private 2-year and 4-year postsecondary institutions and
 2051  technical centers. The Department of Education, in consultation
 2052  with the Board of Governors and the State Board of Colleges,
 2053  shall establish a mechanism to ensure articulation and transfer
 2054  of credits to postsecondary institutions in this state. Such
 2055  partnerships must provide opportunities for:
 2056         1. Instruction from highly skilled professionals who
 2057  possess industry-certification credentials for courses they are
 2058  teaching.
 2059         2. Internships, externships, and on-the-job training.
 2060         3. A postsecondary degree, diploma, or certificate.
 2061         4. The highest available level of industry certification.
 2062         5. Maximum articulation of credits pursuant to s. 1007.23
 2063  upon program completion.
 2064         Section 29. Subsections (4), (5), and (6) of section
 2065  1004.015, Florida Statutes, are amended to read:
 2066         1004.015 Higher Education Coordinating Council.—
 2067         (4) The council shall serve as an advisory board to the
 2068  Legislature, the State Board of Education, and the Board of
 2069  Governors, and the State Board of Colleges. Recommendations of
 2070  the council shall be consistent with the following guiding
 2071  principles:
 2072         (a) To achieve within existing resources a seamless
 2073  academic educational system that fosters an integrated continuum
 2074  of kindergarten through graduate school education for Florida’s
 2075  students.
 2076         (b) To promote consistent education policy across all
 2077  educational delivery systems, focusing on students.
 2078         (c) To promote substantially improved articulation across
 2079  all educational delivery systems.
 2080         (d) To promote a system that maximizes educational access
 2081  and allows the opportunity for a high-quality education for all
 2082  Floridians.
 2083         (e) To promote a system of coordinated and consistent
 2084  transfer of credit and data collection for improved
 2085  accountability purposes between the educational delivery
 2086  systems.
 2087         (5) The council shall annually by December 31 submit to the
 2088  Governor, the President of the Senate, the Speaker of the House
 2089  of Representatives, the Board of Governors, the State Board of
 2090  Colleges, and the State Board of Education a report outlining
 2091  its recommendations relating to:
 2092         (a) The primary core mission of public and nonpublic
 2093  postsecondary education institutions in the context of state
 2094  access demands and economic development goals.
 2095         (b) Performance outputs and outcomes designed to meet
 2096  annual and long-term state goals, including, but not limited to,
 2097  increased student access, preparedness, retention, transfer, and
 2098  completion. Performance measures must be consistent across
 2099  sectors and allow for a comparison of the state’s performance to
 2100  that of other states.
 2101         (c) The state’s articulation policies and practices to
 2102  ensure that cost benefits to the state are maximized without
 2103  jeopardizing quality. The recommendations shall consider return
 2104  on investment for both the state and students and propose
 2105  systems to facilitate and ensure institutional compliance with
 2106  state articulation policies.
 2107         (d) Workforce development education, specifically
 2108  recommending improvements to the consistency of workforce
 2109  education data collected and reported by Florida College System
 2110  institutions and school districts, including the establishment
 2111  of common elements and definitions for any data that is used for
 2112  state and federal funding and program accountability.
 2113         (6) The Office of K-20 Articulation, in collaboration with
 2114  the Board of Governors and the State Board of Division of
 2115  Florida Colleges, shall provide administrative support for the
 2116  council.
 2117         Section 30. Subsection (7) of section 1004.02, Florida
 2118  Statutes, is amended to read:
 2119         1004.02 Definitions.—As used in this chapter:
 2120         (7) “Applied technology diploma program” means a course of
 2121  study that is part of a technical degree program, is less than
 2122  60 credit hours, and leads to employment in a specific
 2123  occupation. An applied technology diploma program may consist of
 2124  either technical credit or college credit. A public school
 2125  district may offer an applied technology diploma program only as
 2126  technical credit, with college credit awarded to a student upon
 2127  articulation to a Florida College System institution. Statewide
 2128  articulation among public schools and Florida College System
 2129  institutions is guaranteed by s. 1007.23, and is subject to
 2130  guidelines and standards adopted by the State Board of Colleges
 2131  Education pursuant to ss. 1007.24 and 1007.25.
 2132         Section 31. Subsection (2) of section 1004.03, Florida
 2133  Statutes, is amended to read:
 2134         1004.03 Program approval.—
 2135         (2) The State Board of Colleges Education shall establish
 2136  criteria for the approval of new programs at Florida College
 2137  System institutions, which criteria include, but are not limited
 2138  to, the following:
 2139         (a) New programs may not be approved unless the same
 2140  objectives cannot be met through use of educational technology.
 2141         (b) Unnecessary duplication of programs offered by
 2142  independent institutions shall be avoided.
 2143         (c) Cooperative programs, particularly within regions,
 2144  should be encouraged.
 2145         (d) New programs may be approved only if they are
 2146  consistent with the state master plan adopted by the State Board
 2147  of Colleges Education.
 2148         Section 32. Paragraph (f) of subsection (4) of section
 2149  1004.04, Florida Statutes, is amended to read:
 2150         1004.04 Public accountability and state approval for
 2151  teacher preparation programs.—
 2152         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2153  teacher preparation program shall be based upon evidence that
 2154  the program continues to implement the requirements for initial
 2155  approval and upon significant, objective, and quantifiable
 2156  measures of the program and the performance of the program
 2157  completers.
 2158         (f) By January 1 of each year, the Department of Education
 2159  shall report the results of each approved program’s annual
 2160  progress on the performance measures in paragraph (a) as well as
 2161  the current approval status of each program to:
 2162         1. The Governor.
 2163         2. The President of the Senate.
 2164         3. The Speaker of the House of Representatives.
 2165         4. The State Board of Education.
 2166         5. The Board of Governors.
 2167         6. The State Board of Colleges.
 2168         7. The Commissioner of Education.
 2169         8.7. Each Florida postsecondary teacher preparation
 2170  program.
 2171         9.8. Each district school superintendent.
 2172         10.9. The public.
 2173  
 2174  This report may include the results of other continued approval
 2175  requirements provided by State Board of Education rule and
 2176  recommendations for improving teacher preparation programs in
 2177  the state.
 2178         Section 33. Subsections (2), (3), and (4) of section
 2179  1004.07, Florida Statutes, are amended, and subsection (5) is
 2180  added to that section, to read:
 2181         1004.07 Student withdrawal from courses due to military
 2182  service; effect.—
 2183         (2) Such policies must shall provide that any student
 2184  enrolled in a postsecondary course or courses at a career
 2185  center, a Florida College System institution, or a state
 2186  university may shall not incur academic or financial penalties
 2187  by virtue of performing military service on behalf of our
 2188  country. Such student shall be permitted the option of either
 2189  completing the course or courses at a later date without penalty
 2190  or withdrawing from the course or courses with a full refund of
 2191  fees paid. If the student chooses to withdraw, the student’s
 2192  record shall reflect that the withdrawal is due to active
 2193  military service.
 2194         (3) Policies of district school boards must and Florida
 2195  College System institution boards of trustees shall be
 2196  established by rule and pursuant to guidelines of the State
 2197  Board of Education.
 2198         (4) Policies of state university boards of trustees must
 2199  shall be established by regulation and pursuant to guidelines of
 2200  the Board of Governors.
 2201         (5)Policies of Florida College System institution boards
 2202  of trustees must be established by rule and pursuant to
 2203  guidelines of the State Board of Colleges.
 2204         Section 34. Section 1004.084, Florida Statutes, is amended
 2205  to read:
 2206         1004.084 College affordability.—
 2207         (1) The Board of Governors and the State Board of Colleges
 2208  Education shall annually identify strategies to promote college
 2209  affordability for all Floridians by evaluating, at a minimum,
 2210  the impact of:
 2211         (a) Tuition and fees on undergraduate, graduate, and
 2212  professional students at public colleges and universities and
 2213  graduate assistants employed by public universities.
 2214         (b) Federal, state, and institutional financial aid
 2215  policies on the actual cost of attendance for students and their
 2216  families.
 2217         (c) The costs of textbooks and instructional materials.
 2218         (2) By December 31 of each year, beginning in 2016, the
 2219  Board of Governors and the State Board of Colleges Education
 2220  shall submit a report on their respective college affordability
 2221  initiatives to the Governor, the President of the Senate, and
 2222  the Speaker of the House of Representatives.
 2223         Section 35. Paragraph (d) of subsection (3) and subsections
 2224  (6), (7), and (8) of section 1004.085, Florida Statutes, are
 2225  amended to read:
 2226         1004.085 Textbook and instructional materials
 2227  affordability.—
 2228         (3) An employee may receive:
 2229         (d) Fees associated with activities such as reviewing,
 2230  critiquing, or preparing support materials for textbooks or
 2231  instructional materials pursuant to guidelines adopted by the
 2232  State Board of Colleges Education or the Board of Governors.
 2233         (6) Each Florida College System institution and state
 2234  university shall post prominently in the course registration
 2235  system and on its website, as early as is feasible, but at least
 2236  45 days before the first day of class for each term, a hyperlink
 2237  to lists of required and recommended textbooks and instructional
 2238  materials for at least 95 percent of all courses and course
 2239  sections offered at the institution during the upcoming term.
 2240  The lists must include the International Standard Book Number
 2241  (ISBN) for each required and recommended textbook and
 2242  instructional material or other identifying information, which
 2243  must include, at a minimum, all of the following: the title, all
 2244  authors listed, publishers, edition number, copyright date,
 2245  published date, and other relevant information necessary to
 2246  identify the specific textbooks or instructional materials
 2247  required and recommended for each course. The State Board of
 2248  Colleges Education and the Board of Governors shall include in
 2249  the policies, procedures, and guidelines adopted under
 2250  subsection (7) certain limited exceptions to this notification
 2251  requirement for classes added after the notification deadline.
 2252         (7) After receiving input from students, faculty,
 2253  bookstores, and publishers, the State Board of Colleges
 2254  Education and the Board of Governors each shall adopt textbook
 2255  and instructional materials affordability policies, procedures,
 2256  and guidelines for implementation by Florida College System
 2257  institutions and state universities, respectively, that further
 2258  efforts to minimize the cost of textbooks and instructional
 2259  materials for students attending such institutions while
 2260  maintaining the quality of education and academic freedom. The
 2261  policies, procedures, and guidelines shall address:
 2262         (a) The establishment of deadlines for an instructor or
 2263  department to notify the bookstore of required and recommended
 2264  textbooks and instructional materials so that the bookstore may
 2265  verify availability, source lower cost options when practicable,
 2266  explore alternatives with faculty when academically appropriate,
 2267  and maximize the availability of used textbooks and
 2268  instructional materials.
 2269         (b) Confirmation by the course instructor or academic
 2270  department offering the course, before the textbook or
 2271  instructional materials adoption is finalized, of the intent to
 2272  use all items ordered, particularly each individual item sold as
 2273  part of a bundled package.
 2274         (c) Determination by a course instructor or the academic
 2275  department offering the course, before a textbook or
 2276  instructional material is adopted, of the extent to which a new
 2277  edition differs significantly and substantively from earlier
 2278  versions and the value to the student of changing to a new
 2279  edition or the extent to which an open-access textbook or
 2280  instructional material is available.
 2281         (d) The availability of required and recommended textbooks
 2282  and instructional materials to students otherwise unable to
 2283  afford the cost, including consideration of the extent to which
 2284  an open-access textbook or instructional material may be used.
 2285         (e) Participation by course instructors and academic
 2286  departments in the development, adaptation, and review of open
 2287  access textbooks and instructional materials and, in particular,
 2288  open-access textbooks and instructional materials for high
 2289  demand general education courses.
 2290         (f) Consultation with school districts to identify
 2291  practices that impact the cost of dual enrollment textbooks and
 2292  instructional materials to school districts, including, but not
 2293  limited to, the length of time that textbooks and instructional
 2294  materials remain in use.
 2295         (g) Selection of textbooks and instructional materials
 2296  through cost-benefit analyses that enable students to obtain the
 2297  highest-quality product at the lowest available price, by
 2298  considering:
 2299         1. Purchasing digital textbooks in bulk.
 2300         2. Expanding the use of open-access textbooks and
 2301  instructional materials.
 2302         3. Providing rental options for textbooks and instructional
 2303  materials.
 2304         4. Increasing the availability and use of affordable
 2305  digital textbooks and learning objects.
 2306         5. Developing mechanisms to assist in buying, renting,
 2307  selling, and sharing textbooks and instructional materials.
 2308         6. The length of time that textbooks and instructional
 2309  materials remain in use.
 2310         7. An evaluation of cost savings for textbooks and
 2311  instructional materials which a student may realize if
 2312  individual students are able to exercise opt-in provisions for
 2313  the purchase of the materials.
 2314         (8) The board of trustees of each Florida College System
 2315  institution and state university shall report, by September 30
 2316  of each year, beginning in 2016, to the Chancellor of the
 2317  Florida College System or the Chancellor of the State University
 2318  System, as applicable, the textbook and instructional materials
 2319  selection process for general education courses with a wide cost
 2320  variance identified pursuant to subsection (4) and high
 2321  enrollment courses; specific initiatives of the institution
 2322  designed to reduce the costs of textbooks and instructional
 2323  materials; policies implemented in accordance with subsection
 2324  (6); the number of courses and course sections that were not
 2325  able to meet the textbook and instructional materials posting
 2326  deadline for the previous academic year; and any additional
 2327  information determined by the chancellors. By November 1 of each
 2328  year, beginning in 2016, each chancellor shall provide a summary
 2329  of the information provided by institutions to the State Board
 2330  of Colleges Education and the Board of Governors, as applicable.
 2331         Section 36. Section 1004.096, Florida Statutes, is amended
 2332  to read:
 2333         1004.096 College credit for military training and education
 2334  courses.—The Board of Governors shall adopt regulations and the
 2335  State Board of Colleges Education shall adopt rules that enable
 2336  eligible servicemembers or veterans of the United States Armed
 2337  Forces to earn academic college credit at public postsecondary
 2338  educational institutions for college-level training and
 2339  education acquired in the military. The regulations and rules
 2340  shall include procedures for credential evaluation and the award
 2341  of academic college credit, including, but not limited to,
 2342  equivalency and alignment of military coursework with
 2343  appropriate college courses, course descriptions, type and
 2344  amount of college credit that may be awarded, and transfer of
 2345  credit.
 2346         Section 37. Section 1004.0961, Florida Statutes, is amended
 2347  to read:
 2348         1004.0961 Credit for online courses.—Beginning in the 2015
 2349  2016 school year, The State Board of Colleges Education shall
 2350  adopt rules and the Board of Governors shall adopt regulations
 2351  that enable students to earn academic credit for online courses,
 2352  including massive open online courses, before initial enrollment
 2353  at a postsecondary institution. The rules of the State Board of
 2354  Colleges Education and regulations of the Board of Governors
 2355  must include procedures for credential evaluation and the award
 2356  of credit, including, but not limited to, recommendations for
 2357  credit by the American Council on Education; equivalency and
 2358  alignment of coursework with appropriate courses; course
 2359  descriptions; type and amount of credit that may be awarded; and
 2360  transfer of credit.
 2361         Section 38. Section 1004.35, Florida Statutes, is amended
 2362  to read:
 2363         1004.35 Broward County campuses of Florida Atlantic
 2364  University; coordination with other institutions.—The State
 2365  Board of Colleges Education, the Board of Governors, and Florida
 2366  Atlantic University shall consult with Broward College and
 2367  Florida International University in coordinating course
 2368  offerings at the postsecondary level in Broward County. Florida
 2369  Atlantic University may contract with the Board of Trustees of
 2370  Broward College and with Florida International University to
 2371  provide instruction in courses offered at the Southeast Campus.
 2372  Florida Atlantic University shall increase course offerings at
 2373  the Southeast Campus as facilities become available.
 2374         Section 39. Paragraphs (c) and (d) of subsection (5) and
 2375  subsections (8) and (9) of section 1004.6495, Florida Statutes,
 2376  are amended to read:
 2377         1004.6495 Florida Postsecondary Comprehensive Transition
 2378  Program and Florida Center for Students with Unique Abilities.—
 2379         (5) CENTER RESPONSIBILITIES.—The Florida Center for
 2380  Students with Unique Abilities is established within the
 2381  University of Central Florida. At a minimum, the center shall:
 2382         (c) Create the application for the initial approval and
 2383  renewal of approval as an FPCTP for use by an eligible
 2384  institution which, at a minimum, must align with the federal
 2385  comprehensive transition and postsecondary program application
 2386  requirements. Notwithstanding the program approval requirements
 2387  of s. 1004.03, the director shall review applications for the
 2388  initial approval of an application for, or renewal of approval
 2389  of, an FPCTP.
 2390         1. Within 30 days after receipt of an application, the
 2391  director shall issue his or her recommendation regarding
 2392  approval to the Chancellor of the State University System, or
 2393  the Chancellor of the Florida College System, or the
 2394  Commissioner of Education, as applicable, or shall give written
 2395  notice to the applicant of any deficiencies in the application,
 2396  which the eligible institution must be given an opportunity to
 2397  correct. Within 15 days after receipt of a notice of
 2398  deficiencies, an eligible institution that chooses to continue
 2399  to seek program approval shall correct the application
 2400  deficiencies and return the application to the center. Within 30
 2401  days after receipt of a revised application, the director shall
 2402  recommend approval or disapproval of the revised application to
 2403  the applicable chancellor or the commissioner, as applicable.
 2404  Within 15 days after receipt of the director’s recommendation,
 2405  the applicable chancellor or the commissioner shall approve or
 2406  disapprove the recommendation. If the applicable chancellor or
 2407  the commissioner does not act on the director’s recommendation
 2408  within 15 days after receipt of such recommendation, the
 2409  comprehensive transition program proposed by the institution
 2410  shall be considered approved.
 2411         2. Initial approval of an application for an FPCTP that
 2412  meets the requirements of this section is valid for the 3
 2413  academic years immediately following the academic year during
 2414  which the approval is granted. An eligible institution may
 2415  submit an application to the center requesting that the initial
 2416  approval be renewed. If the approval is granted and the FPCTP
 2417  continues to meet the requirements of this section, including,
 2418  but not limited to, program and student performance outcomes,
 2419  and federal requirements, a renewal is valid for the 5 academic
 2420  years immediately following the academic year during which the
 2421  renewal is granted.
 2422         3. An application must, at a minimum:
 2423         a. Identify a credential associated with the proposed
 2424  program which will be awarded to eligible students upon
 2425  completion of the FPCTP.
 2426         b. Outline the program length and design, including, at a
 2427  minimum, inclusive and successful experiential education
 2428  practices relating to curricular, assessment, and advising
 2429  structure and internship and employment opportunities, which
 2430  must support students with intellectual disabilities who are
 2431  seeking to continue academic, career and technical, and
 2432  independent living instruction at an eligible institution,
 2433  including, but not limited to, opportunities to earn industry
 2434  certifications, to prepare students for gainful employment. If
 2435  an eligible institution offers a credit-bearing degree program,
 2436  the institution is responsible for maintaining the rigor and
 2437  effectiveness of a comprehensive transition degree program at
 2438  the same level as other comparable degree programs offered by
 2439  the institution pursuant to applicable accreditation standards.
 2440         c. Outline a plan for students with intellectual
 2441  disabilities to be integrated socially and academically with
 2442  nondisabled students, to the maximum extent possible, and to
 2443  participate on not less than a half-time basis, as determined by
 2444  the eligible institution, with such participation focusing on
 2445  academic components and occurring through one or more of the
 2446  following activities with nondisabled students:
 2447         (I) Regular enrollment in credit-bearing courses offered by
 2448  the institution.
 2449         (II) Auditing or participating in courses offered by the
 2450  institution for which the student does not receive academic
 2451  credit.
 2452         (III) Enrollment in noncredit-bearing, nondegree courses.
 2453         (IV) Participation in internships or work-based training.
 2454         d. Outline a plan for partnerships with businesses to
 2455  promote experiential training and employment opportunities for
 2456  students with intellectual disabilities.
 2457         e. Identify performance indicators pursuant to subsection
 2458  (8) and other requirements identified by the center.
 2459         f. Outline a 5-year plan incorporating enrollment and
 2460  operational expectations for the program.
 2461         (d) Provide technical assistance regarding programs and
 2462  services for students with intellectual disabilities to
 2463  administrators, instructors, staff, and others, as applicable,
 2464  at eligible institutions by:
 2465         1. Holding meetings and annual workshops to share
 2466  successful practices and to address issues or concerns.
 2467         2. Facilitating collaboration between eligible institutions
 2468  and school districts, private schools operating pursuant to s.
 2469  1002.42, and parents of students enrolled in home education
 2470  programs operating pursuant to s. 1002.41 in assisting students
 2471  with intellectual disabilities and their parents to plan for the
 2472  transition of such students into an FPCTP or another program at
 2473  an eligible institution.
 2474         3. Assisting eligible institutions with FPCTP and federal
 2475  comprehensive transition and postsecondary program applications.
 2476         4. Assisting eligible institutions with the identification
 2477  of funding sources for an FPCTP and for student financial
 2478  assistance for students enrolled in an FPCTP.
 2479         5. Monitoring federal and state law relating to the
 2480  comprehensive transition program and notifying the Legislature,
 2481  the Governor, the Board of Governors, the State Board of
 2482  Colleges, and the State Board of Education of any change in law
 2483  which may impact the implementation of this section.
 2484         (8) ACCOUNTABILITY.—
 2485         (a) The center, in collaboration with the Board of
 2486  Governors, the State Board of Colleges, and the State Board of
 2487  Education, shall identify indicators for the satisfactory
 2488  progress of a student in an FPCTP and for the performance of
 2489  such programs. Each eligible institution must address the
 2490  indicators identified by the center in its application for the
 2491  approval of a proposed program and for the renewal of an FPCTP
 2492  and in the annual report that the institution submits to the
 2493  center.
 2494         (b) By October 1 of each year, the center shall provide to
 2495  the Governor, the President of the Senate, the Speaker of the
 2496  House of Representatives, the Chancellor of the State University
 2497  System, the Chancellor of the Florida College System, and the
 2498  Commissioner of Education a report summarizing information
 2499  including, but not limited to:
 2500         1. The status of the statewide coordination of FPCTPs and
 2501  the implementation of FPCTPs at eligible institutions including,
 2502  but not limited to:
 2503         a. The number of applications approved and disapproved and
 2504  the reasons for each disapproval and no action taken by the
 2505  chancellor or the commissioner.
 2506         b. The number and value of all scholarships awarded to
 2507  students and undisbursed advances remitted to the center
 2508  pursuant to subsection (7).
 2509         2. Indicators identified by the center pursuant to
 2510  paragraph (a) and the performance of each eligible institution
 2511  based on the indicators identified in paragraph (6)(c).
 2512         3. The projected number of students with intellectual
 2513  disabilities who may be eligible to enroll in the FPCTPs within
 2514  the next academic year.
 2515         4. Education programs and services for students with
 2516  intellectual disabilities which are available at eligible
 2517  institutions.
 2518         (c) Beginning in the 2016-2017 fiscal year, The center, in
 2519  collaboration with the Board of Governors, State Board of
 2520  Colleges, State Board of Education, Higher Education
 2521  Coordinating Council, and other stakeholders, by December 1 of
 2522  each year, shall submit to the Governor, the President of the
 2523  Senate, and the Speaker of the House of Representatives
 2524  statutory and budget recommendations for improving the
 2525  implementation and delivery of FPCTPs and other education
 2526  programs and services for students with disabilities.
 2527         (9) RULES.—The Board of Governors, the State Board of
 2528  Colleges, and the State Board of Education, in consultation with
 2529  the center, shall expeditiously adopt any necessary regulations
 2530  and rules, as applicable, to allow the center to perform its
 2531  responsibilities pursuant to this section beginning in the 2016
 2532  2017 fiscal year.
 2533         Section 40. Section 1004.65, Florida Statutes, is amended
 2534  to read:
 2535         1004.65 Florida College System institutions; governance,
 2536  mission, and responsibilities.—
 2537         (1) Each Florida College System institution shall be
 2538  governed by a district board of trustees under statutory
 2539  authority and rules of the State Board of Colleges Education.
 2540         (2) Each Florida College System institution district shall:
 2541         (a) Consist of the county or counties served by the Florida
 2542  College System institution pursuant to s. 1000.21(3).
 2543         (b) Be an independent, separate, legal entity created for
 2544  the operation of a Florida College System institution.
 2545         (3) Florida College System institutions are locally based
 2546  and governed entities with statutory and funding ties to state
 2547  government. As such, the mission for Florida College System
 2548  institutions reflects a commitment to be responsive to local
 2549  educational needs and challenges. In achieving this mission,
 2550  Florida College System institutions strive to maintain
 2551  sufficient local authority and flexibility while preserving
 2552  appropriate legal accountability to the state.
 2553         (4) As comprehensive institutions, Florida College System
 2554  institutions shall provide high-quality, affordable education
 2555  and training opportunities, shall foster a climate of
 2556  excellence, and shall provide opportunities to all while
 2557  combining high standards with an open-door admission policy for
 2558  lower-division programs. Florida College System institutions
 2559  shall, as open-access institutions, serve all who can benefit,
 2560  without regard to age, race, gender, creed, or ethnic or
 2561  economic background, while emphasizing the achievement of social
 2562  and educational equity so that all can be prepared for full
 2563  participation in society.
 2564         (5) The primary mission and responsibility of Florida
 2565  College System institutions is responding to community needs for
 2566  postsecondary academic education and career degree education.
 2567  This mission and responsibility includes being responsible for:
 2568         (a) Providing lower-level lower level undergraduate
 2569  instruction and awarding associate degrees.
 2570         (b) Preparing students directly for careers requiring less
 2571  than baccalaureate degrees. This may include preparing for job
 2572  entry, supplementing of skills and knowledge, and responding to
 2573  needs in new areas of technology. Career education in a Florida
 2574  College System institution consists shall consist of career
 2575  certificates, nationally recognized industry certifications,
 2576  credit courses leading to associate in science degrees and
 2577  associate in applied science degrees, and other programs in
 2578  fields requiring substantial academic work, background, or
 2579  qualifications. A Florida College System institution may offer
 2580  career education programs in fields having lesser academic or
 2581  technical requirements.
 2582         (c) Providing student development services, including
 2583  assessment, student tracking, support for disabled students,
 2584  advisement, counseling, financial aid, career development, and
 2585  remedial and tutorial services, to ensure student success.
 2586         (d) Promoting economic development for the state within
 2587  each Florida College System institution district through the
 2588  provision of special programs, including, but not limited to,
 2589  the:
 2590         1. Enterprise Florida-related programs.
 2591         2. Technology transfer centers.
 2592         3. Economic development centers.
 2593         4. Workforce literacy programs.
 2594         (e) Providing dual enrollment instruction.
 2595         (f)Providing upper level instruction and awarding
 2596  baccalaureate degrees as specifically authorized by law.
 2597         (6) A separate and secondary role for Florida College
 2598  System institutions includes the offering of programs in:
 2599         (a) Programs in community services that are not directly
 2600  related to academic or occupational advancement.
 2601         (b) Programs in adult education services, including adult
 2602  basic education, adult general education, adult secondary
 2603  education, and high school equivalency examination instruction.
 2604         (c) Programs in recreational and leisure services.
 2605         (d)Upper-level instruction and awarding baccalaureate
 2606  degrees as specifically authorized by law.
 2607         (7) Funding for Florida College System institutions must
 2608  shall reflect their mission as follows:
 2609         (a) Postsecondary academic and career education programs
 2610  and adult general education programs must shall have first
 2611  priority in Florida College System institution funding.
 2612         (b) Community service programs shall be presented to the
 2613  Legislature with rationale for state funding. The Legislature
 2614  may identify priority areas for use of these funds.
 2615         (c) The resources of a Florida College System institution,
 2616  including staff, faculty, land, and facilities, may shall not be
 2617  used to support the establishment of a new independent nonpublic
 2618  educational institution. If any institution uses resources for
 2619  such purpose, the State Board of Division of Florida Colleges
 2620  shall notify the President of the Senate and the Speaker of the
 2621  House of Representatives.
 2622         (8) Florida College System institutions are authorized to:
 2623         (a) Offer such programs and courses as are necessary to
 2624  fulfill their mission.
 2625         (b) Grant associate in arts degrees, associate in science
 2626  degrees, associate in applied science degrees, certificates,
 2627  awards, and diplomas.
 2628         (c) Make provisions for the high school equivalency
 2629  examination.
 2630         (d) Provide access to and award baccalaureate degrees in
 2631  accordance with law.
 2632  
 2633  Authority to offer one or more baccalaureate degree programs
 2634  does not alter the governance relationship of the Florida
 2635  College System institution with its district board of trustees
 2636  or the State Board of Colleges Education.
 2637         Section 41. Section 1004.67, Florida Statutes, is amended
 2638  to read:
 2639         1004.67 Florida College System institutions; legislative
 2640  intent.—It is The legislative intent that Florida College System
 2641  institutions, constituted as political subdivisions of the
 2642  state, continue to be operated by Florida College System
 2643  institution boards of trustees as provided in s. 1001.63 and
 2644  that no department, bureau, division, agency, or subdivision of
 2645  the state exercise any responsibility and authority to operate
 2646  any Florida College System institution of the state except as
 2647  specifically provided by law or rules of the State Board of
 2648  Colleges Education.
 2649         Section 42. Subsections (2), (3), (4), and (6) of section
 2650  1004.70, Florida Statutes, are amended to read:
 2651         1004.70 Florida College System institution direct-support
 2652  organizations.—
 2653         (2) BOARD OF DIRECTORS.—The chair of the board of trustees
 2654  shall appoint at least one a representative to the board of
 2655  directors and the executive committee of each direct-support
 2656  organization established under this section, including those
 2657  established before July 1, 1998. The president of the Florida
 2658  College System institution for which the direct-support
 2659  organization is established, or the president’s designee, shall
 2660  also serve on the board of directors and the executive committee
 2661  of the direct-support organization, including any direct-support
 2662  organization established before July 1, 1998.
 2663         (3) USE OF PROPERTY.—
 2664         (a) The board of trustees is authorized to permit the use
 2665  of property, facilities, and personal services at any Florida
 2666  College System institution by any Florida College System
 2667  institution direct-support organization, subject to the
 2668  provisions of this section. Beginning July 1, 2022, a Florida
 2669  College System institution board of trustees may not permit any
 2670  Florida College System institution direct-support organization
 2671  to use personal services.
 2672         (b) The board of trustees is authorized to prescribe by
 2673  rule any condition with which a Florida College System
 2674  institution direct-support organization must comply in order to
 2675  use property, facilities, or personal services at any Florida
 2676  College System institution.
 2677         (c) The board of trustees may not permit the use of
 2678  property, facilities, or personal services at any Florida
 2679  College System institution by any Florida College System
 2680  institution direct-support organization that does not provide
 2681  equal employment opportunities to all persons regardless of
 2682  race, color, national origin, gender, age, or religion.
 2683         (d)The board of trustees may not permit the use of state
 2684  funds for travel expenses by any Florida College System
 2685  institution direct-support organization.
 2686         (4) ACTIVITIES; RESTRICTIONS.—
 2687         (a) A direct-support organization may, at the request of
 2688  the board of trustees, provide residency opportunities on or
 2689  near campus for students.
 2690         (b) A direct-support organization that constructs
 2691  facilities for use by a Florida College System institution or
 2692  its students must comply with all requirements of law relating
 2693  to the construction of facilities by a Florida College System
 2694  institution, including requirements for competitive bidding.
 2695         (c) Any transaction or agreement between one direct-support
 2696  organization and another direct-support organization must be
 2697  approved by the board of trustees.
 2698         (d) A Florida College System institution direct-support
 2699  organization is prohibited from giving, either directly or
 2700  indirectly, any gift to a political committee as defined in s.
 2701  106.011 for any purpose other than those certified by a majority
 2702  roll call vote of the governing board of the direct-support
 2703  organization at a regularly scheduled meeting as being directly
 2704  related to the educational mission of the Florida College System
 2705  institution.
 2706         (e) A Florida College System institution board of trustees
 2707  must authorize all debt, including lease-purchase agreements,
 2708  incurred by a direct-support organization. Authorization for
 2709  approval of short-term loans and lease-purchase agreements for a
 2710  term of not more than 5 years, including renewals, extensions,
 2711  and refundings, for goods, materials, equipment, and services
 2712  may be delegated by the board of trustees to the board of
 2713  directors of the direct-support organization. Trustees shall
 2714  evaluate proposals for debt according to guidelines issued by
 2715  the State Board of Division of Florida Colleges. Revenues of the
 2716  Florida College System institution may not be pledged to debt
 2717  issued by direct-support organizations.
 2718         (6) ANNUAL AUDIT.—Each direct-support organization shall
 2719  provide for an annual financial audit in accordance with rules
 2720  adopted by the Auditor General pursuant to s. 11.45(8). The
 2721  annual audit report must be submitted, within 9 months after the
 2722  end of the fiscal year, to the Auditor General, the State Board
 2723  of Colleges Education, and the board of trustees for review. The
 2724  board of trustees, the Auditor General, and the Office of
 2725  Program Policy Analysis and Government Accountability may
 2726  require and receive from the organization or from its
 2727  independent auditor any detail or supplemental data relative to
 2728  the operation of the organization. The identity of donors who
 2729  desire to remain anonymous shall be protected, and that
 2730  anonymity shall be maintained in the auditor’s report. All
 2731  records of the organization, other than the auditor’s report,
 2732  any information necessary for the auditor’s report, any
 2733  information related to the expenditure of funds, and any
 2734  supplemental data requested by the board of trustees, the
 2735  Auditor General, and the Office of Program Policy Analysis and
 2736  Government Accountability, shall be confidential and exempt from
 2737  the provisions of s. 119.07(1).
 2738         Section 43. Subsections (1), (2), (4), and (5) of section
 2739  1004.71, Florida Statutes, are amended to read:
 2740         1004.71 Statewide Florida College System institution
 2741  direct-support organizations.—
 2742         (1) DEFINITIONS.—For the purposes of this section:
 2743         (a) “Statewide Florida College System institution direct
 2744  support organization” means an organization that is:
 2745         1. A Florida corporation not for profit, incorporated under
 2746  the provisions of chapter 617 and approved by the Department of
 2747  State.
 2748         2. Organized and operated exclusively to receive, hold,
 2749  invest, and administer property and to make expenditures to, or
 2750  for the benefit of, the Florida College System institutions in
 2751  this state.
 2752         3. An organization that the State Board of Colleges
 2753  Education, after review, has certified to be operating in a
 2754  manner consistent with the goals of the Florida College System
 2755  institutions and in the best interest of the state.
 2756         (b) “Personal services” includes full-time or part-time
 2757  personnel as well as payroll processing.
 2758         (2) BOARD OF DIRECTORS.—The chair of the State Board of
 2759  Colleges Education may appoint a representative to the board of
 2760  directors and the executive committee of any statewide, direct
 2761  support organization established under this section or s.
 2762  1004.70. The chair of the State Board of Colleges Education, or
 2763  the chair’s designee, shall also serve on the board of directors
 2764  and the executive committee of any direct-support organization
 2765  established to benefit Florida College System institutions.
 2766         (4) RESTRICTIONS.—
 2767         (a) A statewide, direct-support organization may not use
 2768  public funds to acquire, construct, maintain, or operate any
 2769  facilities.
 2770         (b) Any transaction or agreement between a statewide,
 2771  direct-support organization and any other direct-support
 2772  organization must be approved by the State Board of Colleges
 2773  Education.
 2774         (c) A statewide Florida College System institution direct
 2775  support organization is prohibited from giving, either directly
 2776  or indirectly, any gift to a political committee as defined in
 2777  s. 106.011 for any purpose other than those certified by a
 2778  majority roll call vote of the governing board of the direct
 2779  support organization at a regularly scheduled meeting as being
 2780  directly related to the educational mission of the State Board
 2781  of Colleges Education.
 2782         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 2783  organization shall submit to the State Board of Colleges
 2784  Education its federal Internal Revenue Service Application for
 2785  Recognition of Exemption form (Form 1023) and its federal
 2786  Internal Revenue Service Return of Organization Exempt from
 2787  Income Tax form (Form 990).
 2788         Section 44. Subsection (4) of section 1004.74, Florida
 2789  Statutes, is amended to read:
 2790         1004.74 Florida School of the Arts.—
 2791         (4) The Council for the Florida School of the Arts shall be
 2792  established to advise the Florida College System institution
 2793  district board of trustees on matters pertaining to the
 2794  operation of the school. The council shall consist of nine
 2795  members, appointed jointly by the Chancellor of the Florida
 2796  College System and the Commissioner of Education for 4-year
 2797  terms. A member may serve three terms and may serve until
 2798  replaced.
 2799         Section 45. Subsection (10) of section 1004.78, Florida
 2800  Statutes, is amended to read:
 2801         1004.78 Technology transfer centers at Florida College
 2802  System institutions.—
 2803         (10) The State Board of Colleges Education may award grants
 2804  to Florida College System institutions, or consortia of public
 2805  and private colleges and universities and other public and
 2806  private entities, for the purpose of supporting the objectives
 2807  of this section. Grants awarded pursuant to this subsection
 2808  shall be in accordance with rules of the State Board of Colleges
 2809  Education. Such rules shall include the following provisions:
 2810         (a) The number of centers established with state funds
 2811  provided expressly for the purpose of technology transfer shall
 2812  be limited, but shall be geographically located to maximize
 2813  public access to center resources and services.
 2814         (b) Grants to centers funded with state revenues
 2815  appropriated specifically for technology transfer activities
 2816  shall be reviewed and approved by the State Board of Colleges
 2817  Education using proposal solicitation, evaluation, and selection
 2818  procedures established by the state board in consultation with
 2819  Enterprise Florida, Inc. Such procedures may include designation
 2820  of specific areas or applications of technology as priorities
 2821  for the receipt of funding.
 2822         (c) Priority for the receipt of state funds appropriated
 2823  specifically for the purpose of technology transfer shall be
 2824  given to grant proposals developed jointly by Florida College
 2825  System institutions and public and private colleges and
 2826  universities.
 2827         Section 46. Subsection (4) of section 1004.80, Florida
 2828  Statutes, is amended to read:
 2829         1004.80 Economic development centers.—
 2830         (4) The State Board of Colleges Education may award grants
 2831  to economic development centers for the purposes of this
 2832  section. Grants awarded pursuant to this subsection shall be in
 2833  accordance with rules established by the State Board of Colleges
 2834  Education.
 2835         Section 47. Section 1004.91, Florida Statutes, is amended
 2836  to read:
 2837         1004.91 Requirements for career education program basic
 2838  skills.—
 2839         (1) The State Board of Education, for career centers
 2840  operated by district school boards, and the State Board of
 2841  Colleges, for charter technical career centers operated by
 2842  Florida College System institutions, shall collaborate to adopt,
 2843  by rule, standards of basic skill mastery for completion of
 2844  certificate career education programs. Each school district and
 2845  Florida College System institution that conducts programs that
 2846  confer career and technical certificates shall provide applied
 2847  academics instruction through which students receive the basic
 2848  skills instruction required pursuant to this section.
 2849         (2) Students who enroll in a program offered for career
 2850  credit of 450 hours or more shall complete an entry-level
 2851  examination within the first 6 weeks after admission into the
 2852  program. The State Board of Education and the State Board of
 2853  Colleges shall collaborate to designate examinations that are
 2854  currently in existence, the results of which are comparable
 2855  across institutions, to assess student mastery of basic skills.
 2856  Any student found to lack the required level of basic skills for
 2857  such program shall be referred to applied academics instruction
 2858  or another adult general education program for a structured
 2859  program of basic skills instruction. Such instruction may
 2860  include English for speakers of other languages. A student may
 2861  not receive a career or technical certificate of completion
 2862  without first demonstrating the basic skills required in the
 2863  state curriculum frameworks for the career education program.
 2864         (3)(a) An adult student with a disability may be exempted
 2865  from this section.
 2866         (b) The following students are exempt from this section:
 2867         1. A student who possesses a college degree at the
 2868  associate in applied science level or higher.
 2869         2. A student who demonstrates readiness for public
 2870  postsecondary education pursuant to s. 1008.30 and applicable
 2871  rules adopted by the State Board of Education and State Board of
 2872  Colleges.
 2873         3. A student who passes a state or national industry
 2874  certification or licensure examination that is identified in
 2875  State Board of Education or State Board of Colleges rules and
 2876  aligned to the career education program in which the student is
 2877  enrolled.
 2878         4. An adult student who is enrolled in an apprenticeship
 2879  program that is registered with the Department of Education in
 2880  accordance with chapter 446.
 2881         Section 48. Paragraph (b) of subsection (2) of section
 2882  1004.92, Florida Statutes, is amended, and subsection (4) is
 2883  added to that section, to read:
 2884         1004.92 Purpose and responsibilities for career education.—
 2885         (2)
 2886         (b) The Department of Education, for school districts, and
 2887  the State Board of Colleges, for Florida College System
 2888  institutions, have the following responsibilities related to
 2889  accountability for career education includes, but is not limited
 2890  to:
 2891         1. The provision of timely, accurate technical assistance
 2892  to school districts and Florida College System institutions.
 2893         2. The provision of timely, accurate information to the
 2894  State Board of Education, the Legislature, and the public.
 2895         3. The development of policies, rules, and procedures that
 2896  facilitate institutional attainment of the accountability
 2897  standards and coordinate the efforts of all divisions within the
 2898  department.
 2899         4. The development of program standards and industry-driven
 2900  benchmarks for career, adult, and community education programs,
 2901  which must be updated every 3 years. The standards must include
 2902  career, academic, and workplace skills; viability of distance
 2903  learning for instruction; and work/learn cycles that are
 2904  responsive to business and industry; and provisions that reflect
 2905  the quality components of career and technical education
 2906  programs. The Department of Education and the State Board of
 2907  Colleges shall collaborate to develop a common set of standards
 2908  and benchmarks as specified under this subparagraph for the
 2909  programs that are offered by both the school districts and
 2910  Florida College System institutions.
 2911         5. Overseeing school district and Florida College System
 2912  institution compliance with the provisions of this chapter.
 2913         6. Ensuring that the educational outcomes for the technical
 2914  component of career programs are uniform and designed to provide
 2915  a graduate who is capable of entering the workforce on an
 2916  equally competitive basis regardless of the institution of
 2917  choice.
 2918         (4)The State Board of Education, for career education
 2919  provided by school districts, and the State Board of Colleges,
 2920  for career education provided by Florida College System
 2921  institutions, shall collaborate to adopt rules to administer
 2922  this section.
 2923         Section 49. Subsection (1) of section 1004.925, Florida
 2924  Statutes, is amended to read:
 2925         1004.925 Automotive service technology education programs;
 2926  certification.—
 2927         (1) All automotive service technology education programs
 2928  shall be industry certified in accordance with rules adopted by
 2929  the State Board of Education and the State Board of Colleges.
 2930         Section 50. Paragraphs (c) and (d) of subsection (4) and
 2931  subsections (6) and (9) of section 1004.93, Florida Statutes,
 2932  are amended to read:
 2933         1004.93 Adult general education.—
 2934         (4)
 2935         (c) The State Board of Colleges Education shall define, by
 2936  rule, the levels and courses of instruction to be funded through
 2937  the developmental education program. The State Board of Colleges
 2938  shall coordinate the establishment of costs for developmental
 2939  education courses, the establishment of statewide standards that
 2940  define required levels of competence, acceptable rates of
 2941  student progress, and the maximum amount of time to be allowed
 2942  for completion of developmental education. Developmental
 2943  education is part of an associate in arts degree program and may
 2944  not be funded as an adult career education program.
 2945         (d) Expenditures for developmental education and lifelong
 2946  learning students shall be reported separately. Allocations for
 2947  developmental education shall be based on proportional full-time
 2948  equivalent enrollment. Program review results shall be included
 2949  in the determination of subsequent allocations. A student shall
 2950  be funded to enroll in the same developmental education class
 2951  within a skill area only twice, after which time the student
 2952  shall pay 100 percent of the full cost of instruction to support
 2953  the continuous enrollment of that student in the same class;
 2954  however, students who withdraw or fail a class due to
 2955  extenuating circumstances may be granted an exception only once
 2956  for each class, provided approval is granted according to policy
 2957  established by the board of trustees. Each Florida College
 2958  System institution shall have the authority to review and reduce
 2959  payment for increased fees due to continued enrollment in a
 2960  developmental education class on an individual basis contingent
 2961  upon the student’s financial hardship, pursuant to definitions
 2962  and fee levels established by the State Board of Colleges
 2963  Education. Developmental education and lifelong learning courses
 2964  do not generate credit toward an associate or baccalaureate
 2965  degree.
 2966         (6) The commissioner, for school districts, and the
 2967  Chancellor of the Florida College System, for Florida College
 2968  System institutions, shall recommend the level of funding for
 2969  public school and Florida College System institution adult
 2970  education within the legislative budget request and make other
 2971  recommendations and reports considered necessary or required by
 2972  rules of the State Board of Education.
 2973         (9) The State Board of Education and the State Board of
 2974  Colleges may adopt rules necessary for the implementation of
 2975  this section.
 2976         Section 51. Subsection (3) of section 1006.60, Florida
 2977  Statutes, is amended to read:
 2978         1006.60 Codes of conduct; disciplinary measures; authority
 2979  to adopt rules or regulations.—
 2980         (3) Sanctions authorized by such codes of conduct may be
 2981  imposed only for acts or omissions in violation of rules or
 2982  regulations adopted by the institution, including rules or
 2983  regulations adopted under this section, rules of the State Board
 2984  of Colleges regarding the Florida College System Education,
 2985  rules or regulations of the Board of Governors regarding the
 2986  State University System, county and municipal ordinances, and
 2987  the laws of this state, the United States, or any other state.
 2988         Section 52. Subsection (1) of section 1006.61, Florida
 2989  Statutes, is amended to read:
 2990         1006.61 Participation by students in disruptive activities
 2991  at public postsecondary educational institution; penalties.—
 2992         (1) Any person who accepts the privilege extended by the
 2993  laws of this state of attendance at any public postsecondary
 2994  educational institution shall, by attending such institution, be
 2995  deemed to have given his or her consent to the policies of that
 2996  institution, the State Board of Colleges regarding the Florida
 2997  College System Education, and the Board of Governors regarding
 2998  the State University System, and the laws of this state. Such
 2999  policies shall include prohibition against disruptive activities
 3000  at public postsecondary educational institutions.
 3001         Section 53. Section 1006.62, Florida Statutes, is amended
 3002  to read:
 3003         1006.62 Expulsion and discipline of students of Florida
 3004  College System institutions and state universities.—
 3005         (1) Each student in a Florida College System institution or
 3006  state university is subject to federal and state law, respective
 3007  county and municipal ordinances, and all rules and regulations
 3008  of the State Board of Colleges regarding the Florida College
 3009  System Education, the Board of Governors regarding the State
 3010  University System, or the board of trustees of the institution.
 3011         (2) Violation of these published laws, ordinances, or rules
 3012  and regulations may subject the violator to appropriate action
 3013  by the institution’s authorities.
 3014         (3) Each president of a Florida College System institution
 3015  or state university may, after notice to the student of the
 3016  charges and after a hearing thereon, expel, suspend, or
 3017  otherwise discipline any student who is found to have violated
 3018  any law, ordinance, or rule or regulation of the State Board of
 3019  Colleges regarding the Florida College System Education, the
 3020  Board of Governors regarding the State University System, or the
 3021  board of trustees of the institution. A student may be entitled
 3022  to waiver of expulsion:
 3023         (a) If the student provides substantial assistance in the
 3024  identification, arrest, or conviction of any of his or her
 3025  accomplices, accessories, coconspirators, or principals or of
 3026  any other person engaged in violations of chapter 893 within a
 3027  state university or Florida College System institution;
 3028         (b) If the student voluntarily discloses his or her
 3029  violations of chapter 893 prior to his or her arrest; or
 3030         (c) If the student commits himself or herself, or is
 3031  referred by the court in lieu of sentence, to a state-licensed
 3032  drug abuse program and successfully completes the program.
 3033         Section 54. Paragraphs (c) and (g) of subsection (1),
 3034  paragraph (b) of subsection (2), and subsection (3) of section
 3035  1006.71, Florida Statutes, are amended to read:
 3036         1006.71 Gender equity in intercollegiate athletics.—
 3037         (1) GENDER EQUITY PLAN.—
 3038         (c) The Chancellor of the Florida College System
 3039  Commissioner of Education shall annually assess the progress of
 3040  each Florida College System institution’s plan and advise the
 3041  State Board of Colleges Education and the Legislature regarding
 3042  compliance.
 3043         (g)1. If a Florida College System institution is not in
 3044  compliance with Title IX of the Education Amendments of 1972 and
 3045  the Florida Educational Equity Act, the State Board of Colleges
 3046  Education shall:
 3047         a. Declare the Florida College System institution
 3048  ineligible for competitive state grants.
 3049         b. Withhold funds sufficient to obtain compliance.
 3050  
 3051  The Florida College System institution shall remain ineligible
 3052  and the funds may shall not be paid until the Florida College
 3053  System institution comes into compliance or the Chancellor of
 3054  the Florida College System Commissioner of Education approves a
 3055  plan for compliance.
 3056         2. If a state university is not in compliance with Title IX
 3057  of the Education Amendments of 1972 and the Florida Educational
 3058  Equity Act, the Board of Governors shall:
 3059         a. Declare the state university ineligible for competitive
 3060  state grants.
 3061         b. Withhold funds sufficient to obtain compliance.
 3062  
 3063  The state university shall remain ineligible and the funds may
 3064  shall not be paid until the state university comes into
 3065  compliance or the Board of Governors approves a plan for
 3066  compliance.
 3067         (2) FUNDING.—
 3068         (b) The level of funding and percentage share of support
 3069  for women’s intercollegiate athletics for Florida College System
 3070  institutions shall be determined by the State Board of Colleges
 3071  Education. The level of funding and percentage share of support
 3072  for women’s intercollegiate athletics for state universities
 3073  shall be determined by the Board of Governors. The level of
 3074  funding and percentage share attained in the 1980-1981 fiscal
 3075  year shall be the minimum level and percentage maintained by
 3076  each institution, except as the State Board of Colleges
 3077  Education or the Board of Governors otherwise directs its
 3078  respective institutions for the purpose of assuring equity.
 3079  Consideration shall be given by the State Board of Colleges
 3080  Education or the Board of Governors to emerging athletic
 3081  programs at institutions which may not have the resources to
 3082  secure external funds to provide athletic opportunities for
 3083  women. It is the intent that the effect of any redistribution of
 3084  funds among institutions may shall not negate the requirements
 3085  as set forth in this section.
 3086         (3) STATE BOARD OF COLLEGES EDUCATION.—The State Board of
 3087  Colleges Education shall assure equal opportunity for female
 3088  athletes at Florida College System institutions and establish:
 3089         (a) In conjunction with the State Board of Education,
 3090  guidelines for reporting of intercollegiate athletics data
 3091  concerning financial, program, and facilities information for
 3092  review by the State Board of Colleges Education annually.
 3093         (b) Systematic audits for the evaluation of such data.
 3094         (c) Criteria for determining and assuring equity.
 3095         Section 55. Section 1007.01, Florida Statutes, is amended
 3096  to read:
 3097         1007.01 Articulation; legislative intent; purpose; role of
 3098  the State Board of Education, the State Board of Colleges, and
 3099  the Board of Governors; Articulation Coordinating Committee.—
 3100         (1) It is the intent of the Legislature to facilitate
 3101  articulation and seamless integration of the K-20 education
 3102  system by building, sustaining, and strengthening relationships
 3103  among K-20 public organizations, between public and private
 3104  organizations, and between the education system as a whole and
 3105  Florida’s communities. The purpose of building, sustaining, and
 3106  strengthening these relationships is to provide for the
 3107  efficient and effective progression and transfer of students
 3108  within the education system and to allow students to proceed
 3109  toward their educational objectives as rapidly as their
 3110  circumstances permit. The Legislature further intends that
 3111  articulation policies and budget actions be implemented
 3112  consistently in the practices of the Department of Education and
 3113  postsecondary educational institutions and expressed in the
 3114  collaborative policy efforts of the State Board of Education,
 3115  and the Board of Governors, and the State Board of Colleges.
 3116         (2) To preserve Florida’s “2+2” system of articulation and
 3117  improve and facilitate articulation systemwide, the State Board
 3118  of Education, and the Board of Governors, and the State Board of
 3119  Colleges shall collaboratively establish and adopt policies with
 3120  input from statewide K-20 advisory groups established by the
 3121  Commissioner of Education, the Chancellor of the Florida College
 3122  System, and the Chancellor of the State University System and
 3123  shall recommend the policies to the Legislature. The policies
 3124  shall relate to:
 3125         (a) The alignment between the exit requirements of one
 3126  education system and the admissions requirements of another
 3127  education system into which students typically transfer.
 3128         (b) The identification of common courses, the level of
 3129  courses, institutional participation in a statewide course
 3130  numbering system, and the transferability of credits among such
 3131  institutions.
 3132         (c) Identification of courses that meet general education
 3133  or common degree program prerequisite requirements at public
 3134  postsecondary educational institutions.
 3135         (d) Dual enrollment course equivalencies.
 3136         (e) Articulation agreements.
 3137         (3) The Commissioner of Education, in consultation with the
 3138  Chancellor of the Florida College System and the Chancellor of
 3139  the State University System, shall establish the Articulation
 3140  Coordinating Committee, which shall make recommendations related
 3141  to statewide articulation policies and issues regarding access,
 3142  quality, and reporting of data maintained by the K-20 data
 3143  warehouse, established pursuant to ss. 1001.10 and 1008.31, to
 3144  the Higher Education Coordination Council, the State Board of
 3145  Education, and the Board of Governors, and the State Board of
 3146  Colleges. The committee shall consist of two members each
 3147  representing the State University System, the Florida College
 3148  System, public career and technical education, K-12 education,
 3149  and nonpublic postsecondary education and one member
 3150  representing students. The chair shall be elected from the
 3151  membership. The Office of K-20 Articulation shall provide
 3152  administrative support for the committee. The committee shall:
 3153         (a) Monitor the alignment between the exit requirements of
 3154  one education system and the admissions requirements of another
 3155  education system into which students typically transfer and make
 3156  recommendations for improvement.
 3157         (b) Propose guidelines for interinstitutional agreements
 3158  between and among public schools, career and technical education
 3159  centers, Florida College System institutions, state
 3160  universities, and nonpublic postsecondary institutions.
 3161         (c) Annually recommend dual enrollment course and high
 3162  school subject area equivalencies for approval by the State
 3163  Board of Education, and the Board of Governors, and the State
 3164  Board of Colleges.
 3165         (d) Annually review the statewide articulation agreement
 3166  pursuant to s. 1007.23 and make recommendations for revisions.
 3167         (e) Annually review the statewide course numbering system,
 3168  the levels of courses, and the application of transfer credit
 3169  requirements among public and nonpublic institutions
 3170  participating in the statewide course numbering system and
 3171  identify instances of student transfer and admissions
 3172  difficulties.
 3173         (f) Annually publish a list of courses that meet common
 3174  general education and common degree program prerequisite
 3175  requirements at public postsecondary institutions identified
 3176  pursuant to s. 1007.25.
 3177         (g) Foster timely collection and reporting of statewide
 3178  education data to improve the K-20 education performance
 3179  accountability system pursuant to ss. 1001.10 and 1008.31,
 3180  including, but not limited to, data quality, accessibility, and
 3181  protection of student records.
 3182         (h) Recommend roles and responsibilities of public
 3183  education entities in interfacing with the single, statewide
 3184  computer-assisted student advising system established pursuant
 3185  to s. 1006.735.
 3186         (i) Make recommendations regarding the cost and
 3187  requirements to develop and implement an online system for
 3188  collecting and analyzing data regarding requests for transfer of
 3189  credit by postsecondary education students. The online system,
 3190  at a minimum, must collect information regarding the total
 3191  number of credit transfer requests denied and the reason for
 3192  each denial. Recommendations shall be reported to the President
 3193  of the Senate and the Speaker of the House of Representatives on
 3194  or before January 31, 2015.
 3195         Section 56. Subsections (1) and (6) of section 1007.23,
 3196  Florida Statutes, are amended, and subsection (7) is added to
 3197  that section, to read:
 3198         1007.23 Statewide articulation agreement.—
 3199         (1) The State Board of Education, and the Board of
 3200  Governors, and the State Board of Colleges shall enter into a
 3201  statewide articulation agreement which the State Board of
 3202  Education and the State Board of Colleges shall adopt by rule.
 3203  The agreement must preserve Florida’s “2+2” system of
 3204  articulation, facilitate the seamless articulation of student
 3205  credit across and among Florida’s educational entities, and
 3206  reinforce the provisions of this chapter by governing:
 3207         (a) Articulation between secondary and postsecondary
 3208  education;
 3209         (b) Admission of associate in arts degree graduates from
 3210  Florida College System institutions and state universities;
 3211         (c) Admission of applied technology diploma program
 3212  graduates from Florida College System institutions or career
 3213  centers;
 3214         (d) Admission of associate in science degree and associate
 3215  in applied science degree graduates from Florida College System
 3216  institutions;
 3217         (e) The use of acceleration mechanisms, including
 3218  nationally standardized examinations through which students may
 3219  earn credit;
 3220         (f) General education requirements and statewide course
 3221  numbers as provided for in ss. 1007.24 and 1007.25; and
 3222         (g) Articulation among programs in nursing.
 3223         (6) The articulation agreement must guarantee the
 3224  articulation of 9 credit hours toward a postsecondary degree in
 3225  early childhood education for programs approved by the State
 3226  Board of Colleges Education and the Board of Governors which:
 3227         (a) Award a child development associate credential issued
 3228  by the National Credentialing Program of the Council for
 3229  Professional Recognition or award a credential approved under s.
 3230  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
 3231  child development associate credential; and
 3232         (b) Include training in emergent literacy which meets or
 3233  exceeds the minimum standards for training courses for
 3234  prekindergarten instructors of the Voluntary Prekindergarten
 3235  Education Program in s. 1002.59.
 3236         (7)To strengthen Florida’s “2+2” system of articulation
 3237  and improve student retention and on-time graduation, by the
 3238  2018-2019 academic year, each Florida College System institution
 3239  shall execute at least one “2+2” targeted pathway articulation
 3240  agreement with one or more state universities and each state
 3241  university shall execute at least one such agreement with one or
 3242  more Florida College System institutions to establish “2+2”
 3243  targeted pathway programs. The agreement must provide students
 3244  who graduate with an associate in arts degree and who meet
 3245  specified requirements guaranteed access to the state university
 3246  and a degree program at that university, in accordance with the
 3247  terms of the “2+2” targeted pathway articulation agreement.
 3248         (a)To participate in a “2+2” targeted pathway program, a
 3249  student must:
 3250         1.Enroll in the program before completing 30 credit hours,
 3251  including, but not limited to, college credits earned through
 3252  articulated acceleration mechanisms pursuant to s. 1007.27;
 3253         2.Complete an associate in arts degree; and
 3254         3.Meet the university’s transfer requirements.
 3255         (b)A state university that executes a “2+2” targeted
 3256  pathway articulation agreement must meet the following
 3257  requirements in order to implement a “2+2” targeted pathway
 3258  program in collaboration with its partner Florida College System
 3259  institution:
 3260         1.Establish a 4-year on-time graduation plan for a
 3261  baccalaureate degree program, including, but not limited to, a
 3262  plan for students to complete associate in arts degree programs,
 3263  general education courses, common prerequisite courses, and
 3264  elective courses;
 3265         2.Advise students enrolled in the program about the
 3266  university’s transfer and degree program requirements; and
 3267         3.Provide students who meet the requirements under this
 3268  paragraph with access to academic advisors and campus events and
 3269  with guaranteed admittance to the state university and a degree
 3270  program of the state university, in accordance with the terms of
 3271  the agreement.
 3272         (c)To assist the state universities and Florida College
 3273  System institutions with implementing the “2+2” targeted pathway
 3274  programs effectively, the State Board of Colleges and the Board
 3275  of Governors shall collaborate to eliminate barriers in
 3276  executing “2+2” targeted pathway articulation agreements.
 3277         Section 57. Subsections (1), (2), and (3) of section
 3278  1007.24, Florida Statutes, are amended to read:
 3279         1007.24 Statewide course numbering system.—
 3280         (1) The Department of Education, in conjunction with the
 3281  Board of Governors and the State Board of Colleges, shall
 3282  develop, coordinate, and maintain a statewide course numbering
 3283  system for postsecondary and dual enrollment education in school
 3284  districts, public postsecondary educational institutions, and
 3285  participating nonpublic postsecondary educational institutions
 3286  that will improve program planning, increase communication among
 3287  all delivery systems, and facilitate student acceleration and
 3288  the transfer of students and credits between public school
 3289  districts, public postsecondary educational institutions, and
 3290  participating nonpublic educational institutions. The continuing
 3291  maintenance of the system shall be accomplished with the
 3292  assistance of appropriate faculty committees representing public
 3293  and participating nonpublic educational institutions.
 3294         (2) The Commissioner of Education, in conjunction with the
 3295  Chancellor of the Florida College System and the Chancellor of
 3296  the State University System, shall appoint faculty committees
 3297  representing faculties of participating institutions to
 3298  recommend a single level for each course, including
 3299  postsecondary career education courses, included in the
 3300  statewide course numbering system.
 3301         (a) Any course designated as an upper-division-level course
 3302  must be characterized by a need for advanced academic
 3303  preparation and skills that a student would be unlikely to
 3304  achieve without significant prior coursework.
 3305         (b) A course that is offered as part of an associate in
 3306  science degree program and as an upper-division course for a
 3307  baccalaureate degree shall be designated for both the lower and
 3308  upper division.
 3309         (c) A course designated as lower-division may be offered by
 3310  any Florida College System institution.
 3311         (3) The Commissioner of Education shall recommend to the
 3312  State Board of Education the levels for the courses. The State
 3313  Board of Education, with input from the Board of Governors and
 3314  the State Board of Colleges, shall approve the levels for the
 3315  courses.
 3316         Section 58. Subsections (3), (6), and (9) through (12) of
 3317  section 1007.25, Florida Statutes, are amended to read:
 3318         1007.25 General education courses; common prerequisites;
 3319  other degree requirements.—
 3320         (3) The chair of the State Board of Colleges Education and
 3321  the chair of the Board of Governors, or their designees, shall
 3322  jointly appoint faculty committees to identify statewide general
 3323  education core course options. General education core course
 3324  options shall consist of a maximum of five courses within each
 3325  of the subject areas of communication, mathematics, social
 3326  sciences, humanities, and natural sciences. The core courses may
 3327  be revised, or the five-course maximum within each subject area
 3328  may be exceeded, if approved by the State Board of Colleges
 3329  Education and the Board of Governors, as recommended by the
 3330  subject area faculty committee and approved by the Articulation
 3331  Coordinating Committee as necessary for a subject area. Each
 3332  general education core course option must contain high-level
 3333  academic and critical thinking skills and common competencies
 3334  that students must demonstrate to successfully complete the
 3335  course. Beginning with students initially entering a Florida
 3336  College System institution or state university in 2015-2016 and
 3337  thereafter, each student must complete at least one identified
 3338  core course in each subject area as part of the general
 3339  education course requirements. All public postsecondary
 3340  educational institutions shall accept these courses as meeting
 3341  general education core course requirements. The remaining
 3342  general education course requirements shall be identified by
 3343  each institution and reported to the department by their
 3344  statewide course number. The general education core course
 3345  options shall be adopted in rule by the State Board of Colleges
 3346  Education and in regulation by the Board of Governors.
 3347         (6) The department shall identify common prerequisite
 3348  courses and course substitutions for degree programs across all
 3349  institutions. Common degree program prerequisites shall be
 3350  offered and accepted by all state universities and Florida
 3351  College System institutions, except in cases approved by the
 3352  State Board of Colleges, Education for Florida College System
 3353  institutions, and the Board of Governors, for state
 3354  universities. The department shall develop a centralized
 3355  database containing the list of courses and course substitutions
 3356  that meet the prerequisite requirements for each baccalaureate
 3357  degree program.
 3358         (9) A baccalaureate degree program shall require no more
 3359  than 120 semester hours of college credit and include 36
 3360  semester hours of general education coursework, unless prior
 3361  approval has been granted by the Board of Governors for
 3362  baccalaureate degree programs offered by state universities and
 3363  by the State Board of Colleges Education for baccalaureate
 3364  degree programs offered by Florida College System institutions.
 3365         (10) A student who received an associate in arts degree for
 3366  successfully completing 60 semester credit hours may continue to
 3367  earn additional credits at a Florida College System institution.
 3368  The university must provide credit toward the student’s
 3369  baccalaureate degree for a an additional Florida College System
 3370  institution course if, according to the statewide course
 3371  numbering, the Florida College System institution course is a
 3372  course listed in the university catalog as required for the
 3373  degree or as prerequisite to a course required for the degree.
 3374  Of the courses required for the degree, at least half of the
 3375  credit hours required for the degree shall be achievable through
 3376  courses designated as lower division, except in degree programs
 3377  approved by the State Board of Colleges Education for programs
 3378  offered by Florida College System institutions and by the Board
 3379  of Governors for programs offered by state universities.
 3380         (11) Students at state universities may request associate
 3381  in arts certificates if they have successfully completed the
 3382  minimum requirements for the degree of associate in arts (A.A.).
 3383  The university must grant the student an associate in arts
 3384  degree if the student has successfully completed minimum
 3385  requirements for college-level communication and computation
 3386  skills adopted by the State Board of Colleges Education and 60
 3387  academic semester hours or the equivalent within a degree
 3388  program area, including 36 semester hours in general education
 3389  courses in the subject areas of communication, mathematics,
 3390  social sciences, humanities, and natural sciences, consistent
 3391  with the general education requirements specified in the
 3392  articulation agreement pursuant to s. 1007.23.
 3393         (12) The Commissioner of Education and the Chancellor of
 3394  the Florida College System shall jointly appoint faculty
 3395  committees representing both Florida College System institution
 3396  and public school faculties to recommend to the commissioner, or
 3397  the Chancellor of the Florida College System, as applicable, for
 3398  approval by the State Board of Education and the State Board of
 3399  Colleges, as applicable, a standard program length and
 3400  appropriate occupational completion points for each
 3401  postsecondary career certificate program, diploma, and degree
 3402  offered by a school district or a Florida College System
 3403  institution.
 3404         Section 59. Section 1007.262, Florida Statutes, is amended
 3405  to read:
 3406         1007.262 Foreign language competence; equivalence
 3407  determinations.—The Department of Education shall identify the
 3408  competencies demonstrated by students upon the successful
 3409  completion of 2 credits of sequential high school foreign
 3410  language instruction. For the purpose of determining
 3411  postsecondary equivalence, the State Board of Colleges
 3412  department shall develop rules through which Florida College
 3413  System institutions correlate such competencies to the
 3414  competencies required of students in the colleges’ respective
 3415  courses. Based on this correlation, each Florida College System
 3416  institution shall identify the minimum number of postsecondary
 3417  credits that students must earn in order to demonstrate a level
 3418  of competence in a foreign language at least equivalent to that
 3419  of students who have completed 2 credits of such instruction in
 3420  high school. The department may also specify alternative means
 3421  by which students can demonstrate equivalent foreign language
 3422  competence, including means by which a student whose native
 3423  language is not English may demonstrate proficiency in the
 3424  native language. A student who demonstrates proficiency in a
 3425  native language other than English is exempt from a requirement
 3426  of completing foreign language courses at the secondary or
 3427  Florida College System level.
 3428         Section 60. Section 1007.263, Florida Statutes, is amended
 3429  to read:
 3430         1007.263 Florida College System institutions; admissions of
 3431  students.—Each Florida College System institution board of
 3432  trustees is authorized to adopt rules governing admissions of
 3433  students subject to this section and rules of the State Board of
 3434  Colleges Education. These rules shall include the following:
 3435         (1) Admissions counseling shall be provided to all students
 3436  entering college or career credit programs. For students who are
 3437  not otherwise exempt from testing under s. 1008.30, counseling
 3438  must use tests to measure achievement of college-level
 3439  communication and computation competencies by students entering
 3440  college credit programs or tests to measure achievement of basic
 3441  skills for career education programs as prescribed in s.
 3442  1004.91. Counseling includes providing developmental education
 3443  options for students whose assessment results, determined under
 3444  s. 1008.30, indicate that they need to improve communication or
 3445  computation skills that are essential to perform college-level
 3446  work.
 3447         (2) Admission to associate degree programs is subject to
 3448  minimum standards adopted by the State Board of Colleges
 3449  Education and shall require:
 3450         (a) A standard high school diploma, a high school
 3451  equivalency diploma as prescribed in s. 1003.435, previously
 3452  demonstrated competency in college credit postsecondary
 3453  coursework, or, in the case of a student who is home educated, a
 3454  signed affidavit submitted by the student’s parent or legal
 3455  guardian attesting that the student has completed a home
 3456  education program pursuant to the requirements of s. 1002.41.
 3457  Students who are enrolled in a dual enrollment or early
 3458  admission program pursuant to s. 1007.271 are exempt from this
 3459  requirement.
 3460         (b) A demonstrated level of achievement of college-level
 3461  communication and computation skills.
 3462         (c) Any other requirements established by the board of
 3463  trustees.
 3464         (3) Admission to other programs within the Florida College
 3465  System institution shall include education requirements as
 3466  established by the board of trustees.
 3467         (4) A student who has been awarded a certificate of
 3468  completion under s. 1003.4282 is eligible to enroll in
 3469  certificate career education programs.
 3470         (5) A student with a documented disability may be eligible
 3471  for reasonable substitutions, as prescribed in ss. 1007.264 and
 3472  1007.265.
 3473  
 3474  Each board of trustees shall establish policies that notify
 3475  students about developmental education options for improving
 3476  their communication or computation skills that are essential to
 3477  performing college-level work, including tutoring, extended time
 3478  in gateway courses, free online courses, adult basic education,
 3479  adult secondary education, or private provider instruction.
 3480         Section 61. Subsection (2) of section 1007.264, Florida
 3481  Statutes, is amended to read:
 3482         1007.264 Persons with disabilities; admission to
 3483  postsecondary educational institutions; substitute requirements;
 3484  rules and regulations.—
 3485         (2) The State Board of Colleges Education, in consultation
 3486  with the Board of Governors, shall adopt rules to implement this
 3487  section for Florida College System institutions and shall
 3488  develop substitute admission requirements where appropriate.
 3489         Section 62. Subsections (2) and (3) of section 1007.265,
 3490  Florida Statutes, are amended to read:
 3491         1007.265 Persons with disabilities; graduation, study
 3492  program admission, and upper-division entry; substitute
 3493  requirements; rules and regulations.—
 3494         (2) The State Board of Colleges Education, in consultation
 3495  with the Board of Governors, shall adopt rules to implement this
 3496  section for Florida College System institutions and shall
 3497  develop substitute requirements where appropriate.
 3498         (3) The Board of Governors, in consultation with the State
 3499  Board of Colleges Education, shall adopt regulations to
 3500  implement this section for state universities and shall develop
 3501  substitute requirements where appropriate.
 3502         Section 63. Effective July 1, 2018, subsections (2), (6),
 3503  (7), and (8) of section 1007.27, Florida Statutes, are amended
 3504  to read:
 3505         1007.27 Articulated acceleration mechanisms.—
 3506         (2)(a) The Department of Education shall annually identify
 3507  and publish the minimum scores, maximum credit, and course or
 3508  courses for which credit is to be awarded for each College Level
 3509  Examination Program (CLEP) subject examination, College Board
 3510  Advanced Placement Program examination, Advanced International
 3511  Certificate of Education examination, International
 3512  Baccalaureate examination, Excelsior College subject
 3513  examination, Defense Activity for Non-Traditional Education
 3514  Support (DANTES) subject standardized test, and Defense Language
 3515  Proficiency Test (DLPT). The department shall use student
 3516  performance data in subsequent postsecondary courses to
 3517  determine the appropriate examination scores and courses for
 3518  which credit is to be granted. Minimum scores may vary by
 3519  subject area based on available performance data. In addition,
 3520  the department shall identify such courses in the general
 3521  education core curriculum of each state university and Florida
 3522  College System institution.
 3523         (b)Each district school board shall notify students who
 3524  enroll in articulated acceleration mechanism courses or take
 3525  examinations pursuant to this section of the credit-by
 3526  examination equivalency list adopted by rule by the State Board
 3527  of Education and the dual enrollment course and high school
 3528  subject area equivalencies approved by the state board pursuant
 3529  to s. 1007.271(9).
 3530         (6) Credit by examination shall be the program through
 3531  which secondary and postsecondary students generate
 3532  postsecondary credit based on the receipt of a specified minimum
 3533  score on nationally standardized general or subject-area
 3534  examinations. For the purpose of statewide application, such
 3535  examinations and the corresponding minimum scores required for
 3536  an award of credit shall be delineated by the State Board of
 3537  Education, and the Board of Governors, and the State Board of
 3538  Colleges in the statewide articulation agreement required by s.
 3539  1007.23(1). The maximum credit generated by a student pursuant
 3540  to this subsection shall be mitigated by any related
 3541  postsecondary credit earned by the student prior to the
 3542  administration of the examination. This subsection shall not
 3543  preclude Florida College System institutions and universities
 3544  from awarding credit by examination based on student performance
 3545  on examinations developed within and recognized by the
 3546  individual postsecondary institutions.
 3547         (7) The International Baccalaureate Program shall be the
 3548  curriculum in which eligible secondary students are enrolled in
 3549  a program of studies offered through the International
 3550  Baccalaureate Program administered by the International
 3551  Baccalaureate Office. The State Board of Colleges Education and
 3552  the Board of Governors shall specify in the statewide
 3553  articulation agreement required by s. 1007.23(1) the cutoff
 3554  scores and International Baccalaureate Examinations which will
 3555  be used to grant postsecondary credit at Florida College System
 3556  institutions and universities. Any changes to the articulation
 3557  agreement, which have the effect of raising the required cutoff
 3558  score or of changing the International Baccalaureate
 3559  Examinations which will be used to grant postsecondary credit,
 3560  shall only apply to students taking International Baccalaureate
 3561  Examinations after such changes are adopted by the State Board
 3562  of Colleges Education and the Board of Governors. Students shall
 3563  be awarded a maximum of 30 semester credit hours pursuant to
 3564  this subsection. The specific course for which a student may
 3565  receive such credit shall be specified in the statewide
 3566  articulation agreement required by s. 1007.23(1). Students
 3567  enrolled pursuant to this subsection shall be exempt from the
 3568  payment of any fees for administration of the examinations
 3569  regardless of whether or not the student achieves a passing
 3570  score on the examination.
 3571         (8) The Advanced International Certificate of Education
 3572  Program and the International General Certificate of Secondary
 3573  Education (pre-AICE) Program shall be the curricula in which
 3574  eligible secondary students are enrolled in programs of study
 3575  offered through the Advanced International Certificate of
 3576  Education Program or the International General Certificate of
 3577  Secondary Education (pre-AICE) Program administered by the
 3578  University of Cambridge Local Examinations Syndicate. The State
 3579  Board of Colleges Education and the Board of Governors shall
 3580  specify in the statewide articulation agreement required by s.
 3581  1007.23(1) the cutoff scores and Advanced International
 3582  Certificate of Education examinations which will be used to
 3583  grant postsecondary credit at Florida College System
 3584  institutions and universities. Any changes to the cutoff scores,
 3585  which changes have the effect of raising the required cutoff
 3586  score or of changing the Advanced International Certification of
 3587  Education examinations which will be used to grant postsecondary
 3588  credit, shall apply to students taking Advanced International
 3589  Certificate of Education examinations after such changes are
 3590  adopted by the State Board of Colleges Education and the Board
 3591  of Governors. Students shall be awarded a maximum of 30 semester
 3592  credit hours pursuant to this subsection. The specific course
 3593  for which a student may receive such credit shall be determined
 3594  by the Florida College System institution or university that
 3595  accepts the student for admission. Students enrolled in either
 3596  program of study pursuant to this subsection shall be exempt
 3597  from the payment of any fees for administration of the
 3598  examinations regardless of whether the student achieves a
 3599  passing score on the examination.
 3600         Section 64. Subsection (22) of section 1007.271, Florida
 3601  Statutes, is amended to read:
 3602         1007.271 Dual enrollment programs.—
 3603         (22) The Department of Education shall develop an
 3604  electronic submission system for dual enrollment articulation
 3605  agreements and shall review, for compliance, each dual
 3606  enrollment articulation agreement submitted pursuant to
 3607  subsections (13), (21), and (24). The Commissioner of Education
 3608  shall notify the district school superintendent and the Florida
 3609  College System institution president if the dual enrollment
 3610  articulation agreement does not comply with statutory
 3611  requirements and shall submit any dual enrollment articulation
 3612  agreement with unresolved issues of noncompliance to the State
 3613  Board of Education. The State Board of Education shall
 3614  collaborate with the State Board of Colleges to settle
 3615  unresolved issues of noncompliance.
 3616         Section 65. Subsection (6) of section 1007.273, Florida
 3617  Statutes, is amended to read:
 3618         1007.273 Collegiate high school program.—
 3619         (6) The collegiate high school program shall be funded
 3620  pursuant to ss. 1007.271 and 1011.62. The State Board of
 3621  Education shall enforce compliance with this section by
 3622  withholding the transfer of funds for the school districts and
 3623  the Florida College System institutions in accordance with s.
 3624  1008.32. Annually, by December 31, the State Board of Colleges
 3625  shall enforce compliance with this section by withholding the
 3626  transfer of funds for the Florida College System institutions in
 3627  accordance with s. 1001.602.
 3628         Section 66. Section 1007.33, Florida Statutes, is amended
 3629  to read:
 3630         1007.33 Site-determined baccalaureate degree access.—
 3631         (1)(a) The Legislature recognizes that public and private
 3632  postsecondary educational institutions play an essential role in
 3633  improving the quality of life and economic well-being of the
 3634  state and its residents. The Legislature also recognizes that
 3635  economic development needs and the educational needs of place
 3636  bound, nontraditional students have increased the demand for
 3637  local access to baccalaureate degree programs. It is therefore
 3638  the intent of the Legislature to further expand access to
 3639  baccalaureate degree programs through the use of Florida College
 3640  System institutions.
 3641         (b) For purposes of this section, the term “district”
 3642  refers to the county or counties served by a Florida College
 3643  System institution pursuant to s. 1000.21(3).
 3644         (2) Any Florida College System institution that offers one
 3645  or more baccalaureate degree programs must:
 3646         (a) Maintain as its primary mission:
 3647         1. Responsibility for responding to community needs for
 3648  postsecondary academic education and career degree education as
 3649  prescribed in s. 1004.65(5).
 3650         2. The provision of associate degrees that provide access
 3651  to a university.
 3652         (b) Maintain an open-door admission policy for associate
 3653  level degree programs and workforce education programs.
 3654         (c) Continue to provide outreach to underserved
 3655  populations.
 3656         (d) Continue to provide remedial education pursuant to s.
 3657  1008.30.
 3658         (e) Comply with all provisions of the statewide
 3659  articulation agreement which relate to 2-year and 4-year public
 3660  degree-granting institutions as adopted by the State Board of
 3661  Education or the State Board of Colleges, as applicable,
 3662  pursuant to s. 1007.23.
 3663         (f) Not award graduate credit.
 3664         (g) Not participate in intercollegiate athletics beyond the
 3665  2-year level.
 3666         (3) A Florida College System institution may not terminate
 3667  its associate in arts or associate in science degree programs as
 3668  a result of being authorized to offer one or more baccalaureate
 3669  degree programs. The Legislature intends that the primary
 3670  responsibility of a Florida College System institution,
 3671  including a Florida College System institution that offers
 3672  baccalaureate degree programs, continues to be the provision of
 3673  associate degrees that provide access to a university.
 3674         (4) A Florida College System institution may:
 3675         (a) Offer specified baccalaureate degree programs through
 3676  formal agreements between the Florida College System institution
 3677  and other regionally accredited postsecondary educational
 3678  institutions pursuant to s. 1007.22.
 3679         (b) Offer baccalaureate degree programs that are were
 3680  authorized by law prior to July 1, 2009.
 3681         (c)Beginning July 1, 2009, establish a first or subsequent
 3682  baccalaureate degree program for purposes of meeting district,
 3683  regional, or statewide workforce needs if approved by the State
 3684  Board of Colleges Education under this section. However, a
 3685  Florida College System institution may not offer a bachelor of
 3686  arts degree program.
 3687  
 3688  Beginning July 1, 2009, the Board of Trustees of St. Petersburg
 3689  College is authorized to establish one or more bachelor of
 3690  applied science degree programs based on an analysis of
 3691  workforce needs in Pinellas, Pasco, and Hernando Counties and
 3692  other counties approved by the Department of Education. For each
 3693  program selected, St. Petersburg College must offer a related
 3694  associate in science or associate in applied science degree
 3695  program, and the baccalaureate degree level program must be
 3696  designed to articulate fully with at least one associate in
 3697  science degree program. The college is encouraged to develop
 3698  articulation agreements for enrollment of graduates of related
 3699  associate in applied science degree programs. The Board of
 3700  Trustees of St. Petersburg College is authorized to establish
 3701  additional baccalaureate degree programs if it determines a
 3702  program is warranted and feasible based on each of the factors
 3703  in paragraph (5)(d). However, the Board of Trustees of St.
 3704  Petersburg College may not establish any new baccalaureate
 3705  degree programs from March 31, 2014, through May 31, 2015. Prior
 3706  to developing or proposing a new baccalaureate degree program,
 3707  St. Petersburg College shall engage in need, demand, and impact
 3708  discussions with the state university in its service district
 3709  and other local and regional, accredited postsecondary providers
 3710  in its region. Documentation, data, and other information from
 3711  inter-institutional discussions regarding program need, demand,
 3712  and impact shall be provided to the college’s board of trustees
 3713  to inform the program approval process. Employment at St.
 3714  Petersburg College is governed by the same laws that govern
 3715  Florida College System institutions, except that upper-division
 3716  faculty are eligible for continuing contracts upon the
 3717  completion of the fifth year of teaching. Employee records for
 3718  all personnel shall be maintained as required by s. 1012.81.
 3719         (5) The approval process for baccalaureate degree programs
 3720  requires shall require:
 3721         (a) Each Florida College System institution to submit a
 3722  notice of interest at least 180 days before submitting a notice
 3723  of its intent to propose a baccalaureate degree program to the
 3724  Division of Florida Colleges at least 100 days before the
 3725  submission of its proposal under paragraph (d). The notice of
 3726  interest must be submitted into a shared postsecondary database
 3727  that allows other postsecondary institutions to preview and
 3728  provide feedback on the notice of interest. A written notice of
 3729  intent must be submitted to the Chancellor of the Florida
 3730  College System at least 100 days before the submission of a
 3731  baccalaureate degree program proposal under paragraph (c). The
 3732  notice of intent must include a brief description of the
 3733  program, the workforce demand and unmet need for graduates of
 3734  the program to include evidence from entities independent of the
 3735  institution, the geographic region to be served, and an
 3736  estimated timeframe for implementation. Notices of interest and
 3737  intent may be submitted by a Florida College System institution
 3738  at any time throughout the year. The notice of intent must also
 3739  include evidence that the Florida College System institution
 3740  engaged in need, demand, and impact discussions with the state
 3741  university and other regionally accredited postsecondary
 3742  education providers in its service district.
 3743         (b) The Chancellor of the Florida College System Division
 3744  of Florida Colleges to forward the notice of intent submitted
 3745  pursuant to paragraph (a) and the justification for the proposed
 3746  baccalaureate degree program required under paragraph (c) within
 3747  10 business days after receiving such notice and justification
 3748  to the Chancellor of the State University System, the president
 3749  of the Independent Colleges and Universities of Florida, and the
 3750  Executive Director of the Commission for Independent Education.
 3751  State universities shall have 60 days following receipt of the
 3752  notice of intent and justification by the Chancellor of the
 3753  State University System to submit an objection and a reason for
 3754  the objection to the proposed baccalaureate degree program which
 3755  may include objections to the proposed new program or submit an
 3756  alternative proposal to offer the baccalaureate degree program.
 3757  The Chancellor of the State University System shall review the
 3758  objection raised by a state university and inform the Board of
 3759  Governors of the objection before a state university submits its
 3760  objection to the Chancellor of the Florida College System. The
 3761  Chancellor of the Florida College System must consult with the
 3762  Chancellor of the State University System to consider the
 3763  objection raised by the state university before the State Board
 3764  of Colleges approves or denies a Florida College System
 3765  institution’s proposal submitted pursuant to paragraph (c). If a
 3766  proposal from a state university is not received within the 60
 3767  day period, The Chancellor of the Florida College System State
 3768  Board of Education shall also provide regionally accredited
 3769  private colleges and universities 60 30 days to submit an
 3770  objection and a reason for the objection to the proposed
 3771  baccalaureate degree program which may include an alternative
 3772  proposal to offer a baccalaureate degree program objections to
 3773  the proposed new program or submit an alternative proposal.
 3774  Objections by a regionally accredited private college or
 3775  university or alternative proposals shall be submitted to the
 3776  Chancellor of the Florida College System, and the state board
 3777  must consider such objections before Division of Florida
 3778  Colleges and must be considered by the State Board of Education
 3779  in making its decision to approve or deny a Florida College
 3780  System institution’s proposal submitted pursuant to paragraph
 3781  (c).
 3782         (c)An alternative proposal submitted by a state university
 3783  or private college or university to adequately address:
 3784         1.The extent to which the workforce demand and unmet need
 3785  described in the notice of intent will be met.
 3786         2.The extent to which students will be able to complete
 3787  the degree in the geographic region proposed to be served by the
 3788  Florida College System institution.
 3789         3.The level of financial commitment of the college or
 3790  university to the development, implementation, and maintenance
 3791  of the specified degree program, including timelines.
 3792         4.The extent to which faculty at both the Florida College
 3793  System institution and the college or university will
 3794  collaborate in the development and offering of the curriculum.
 3795         5.The ability of the Florida College System institution
 3796  and the college or university to develop and approve the
 3797  curriculum for the specified degree program within 6 months
 3798  after an agreement between the Florida College System
 3799  institution and the college or university is signed.
 3800         6.The extent to which the student may incur additional
 3801  costs above what the student would expect to incur if the
 3802  program were offered by the Florida College System institution.
 3803         (c)(d) Each Florida College System institution to submit a
 3804  baccalaureate degree program proposal at least 100 days after
 3805  submitting the notice of intent. Each proposal must submitted by
 3806  a Florida College System institution to, at a minimum, include:
 3807         1. A description of the planning process and timeline for
 3808  implementation.
 3809         2. A justification for the proposed baccalaureate degree
 3810  program, including, at a minimum, a data-driven An analysis of
 3811  workforce demand and unmet need for graduates of the program on
 3812  a district, regional, or statewide basis, as appropriate, and
 3813  the extent to which the proposed program will meet the workforce
 3814  demand and unmet need. The analysis must include workforce and
 3815  employment data for the most recent years and projections by the
 3816  Department of Economic Opportunity for future years, and a
 3817  summary of degree programs similar to the proposed degree
 3818  program which are currently offered by state universities or by
 3819  independent nonprofit colleges or universities that are eligible
 3820  to participate in a grant program pursuant to s. 1009.89 and
 3821  which are located in the Florida College System institution’s
 3822  regional service area. The analysis and evidence must be
 3823  verified by the Chancellor of the Florida College System
 3824  including evidence from entities independent of the institution.
 3825         3. Identification of the facilities, equipment, and library
 3826  and academic resources that will be used to deliver the program.
 3827         4. The program cost analysis of creating a new
 3828  baccalaureate degree when compared to alternative proposals and
 3829  other program delivery options.
 3830         5. The program’s admission requirements, academic content,
 3831  curriculum, faculty credentials, student-to-teacher ratios, and
 3832  accreditation plan.
 3833         6. The program’s student enrollment projections and funding
 3834  requirements, including:
 3835         a.The impact of the program’s enrollment projections on
 3836  compliance with the upper-level enrollment provisions under
 3837  subsection (6); and
 3838         b.The institution’s efforts to sustain the program at the
 3839  cost of tuition and fees for students who are classified as
 3840  residents for tuition purposes under s. 1009.21, not to exceed
 3841  $10,000 for the entire degree program, including flexible
 3842  tuition and fee rates, and the use of waivers pursuant to s.
 3843  1009.26(11).
 3844         7. A plan of action if the program is terminated.
 3845         (d)(e) The State Board of Division of Florida Colleges to
 3846  review the proposal, notify the Florida College System
 3847  institution of any deficiencies in writing within 30 days
 3848  following receipt of the proposal, and provide the Florida
 3849  College System institution with an opportunity to correct the
 3850  deficiencies. Within 45 days following receipt of a completed
 3851  proposal by the State Board of Division of Florida Colleges, the
 3852  Chancellor of the Florida College System Commissioner of
 3853  Education shall recommend approval or disapproval of the
 3854  proposal to the State Board of Colleges Education. The State
 3855  Board of Colleges Education shall consider such recommendation,
 3856  the proposal, input from the Chancellor of the State University
 3857  System and the president of the Independent Colleges and
 3858  Universities of Florida, and any objections or alternative
 3859  proposals at its next meeting. If the State Board of Colleges
 3860  Education disapproves the Florida College System institution’s
 3861  proposal, it shall provide the Florida College System
 3862  institution with written reasons for that determination.
 3863         (e)(f) The Florida College System institution to obtain
 3864  from the Commission on Colleges of the Southern Association of
 3865  Colleges and Schools accreditation as a baccalaureate-degree
 3866  granting institution if approved by the State Board of Colleges
 3867  Education to offer its first baccalaureate degree program.
 3868         (f)(g) The Florida College System institution to notify the
 3869  Commission on Colleges of the Southern Association of Colleges
 3870  and Schools of subsequent degree programs that are approved by
 3871  the State Board of Colleges Education and to comply with the
 3872  association’s required substantive change protocols for
 3873  accreditation purposes.
 3874         (g)(h) The Florida College System institution to annually
 3875  report to the State Board of Colleges, the Chancellor of the
 3876  State University System, and upon request of the State Board of
 3877  Education, the Commissioner of Education, the Chancellor of the
 3878  Florida College System, or the Legislature, report its status
 3879  using the following performance and compliance indicators:
 3880         1. Obtaining and maintaining appropriate Southern
 3881  Association of Colleges and Schools accreditation;
 3882         2. Maintaining qualified faculty and institutional
 3883  resources;
 3884         3. Maintaining student enrollment in previously approved
 3885  programs;
 3886         4. Managing fiscal resources appropriately;
 3887         5. Complying with the primary mission and responsibility
 3888  requirements in subsections (2) and (3); and
 3889         6. Incorporating other indicators of success, including
 3890  program completions, employment and earnings outcomes, student
 3891  acceptance into and performance in graduate programs placements,
 3892  and surveys of graduates and employers;.
 3893         7.Continuing to meet workforce demand, as provided in
 3894  subparagraph (c)2., as demonstrated through a data-driven needs
 3895  assessment by the Florida College System institution which is
 3896  verified by more than one third-party professional entity that
 3897  is independent of the institution; and
 3898         8.Complying with the upper-level enrollment provisions
 3899  under subsection (6).
 3900  
 3901  The State Board of Colleges Education, upon annual review of the
 3902  baccalaureate degree program performance and compliance
 3903  indicators and needs assessment, may require a Florida College
 3904  System institution’s board of trustees to modify or terminate a
 3905  baccalaureate degree program authorized under this section. If
 3906  the annual review indicates negative program performance and
 3907  compliance results, and if the needs assessment fails to
 3908  demonstrate a need for the program, the State Board of Colleges
 3909  must require a Florida College System institution’s board of
 3910  trustees to terminate that baccalaureate degree program.
 3911         (6)(a)The upper-level, undergraduate full-time equivalent
 3912  enrollment at a Florida College System institution may not
 3913  exceed 20 percent of the total full-time equivalent enrollment
 3914  at that institution.
 3915         (b)The upper-level, undergraduate full-time equivalent
 3916  enrollment in the Florida College System may not exceed 10
 3917  percent of the total full-time equivalent enrollment of the
 3918  Florida College System.
 3919         (c)For any planned and purposeful expansion of existing
 3920  baccalaureate degree programs or creation of a new baccalaureate
 3921  program, a Florida College System institution must demonstrate
 3922  satisfactory performance in fulfilling its primary mission
 3923  pursuant to s. 1004.65, executing at least one “2+2” targeted
 3924  pathway articulation agreement pursuant to s. 1007.23, and
 3925  meeting or exceeding the performance standards related to on
 3926  time completion and graduation rates under s. 1001.66 for
 3927  students earning associate in arts or baccalaureate degrees. The
 3928  State Board of Colleges may not approve a new baccalaureate
 3929  degree program proposal for a Florida College System institution
 3930  that does not meet the conditions specified in this subsection
 3931  in addition to the other requirements for approval under this
 3932  section. Each Florida College System institution that offers a
 3933  baccalaureate degree must annually review each baccalaureate
 3934  degree program and annually report to the State Board of
 3935  Colleges, in a format prescribed by the state board, current and
 3936  projected student enrollment for such program, justification for
 3937  continuation of each baccalaureate degree program, and a plan to
 3938  comply with the upper-level enrollment provisions of this
 3939  subsection. A Florida College System institution that does not
 3940  comply with the requirements of this section is subject to s.
 3941  1001.602(9) and may not report for funding the upper-level,
 3942  undergraduate full-time equivalent enrollment that exceeds the
 3943  upper-level enrollment percent provision of this subsection.
 3944         (7)(6) The State Board of Colleges Education shall adopt
 3945  rules to prescribe format and content requirements and
 3946  submission procedures for notices of interest and intent,
 3947  baccalaureate degree program proposals, objections alternative
 3948  proposals, and compliance reviews under subsection (5).
 3949         Section 67. Effective July 1, 2018, subsections (1), (3),
 3950  (4), and (5) of section 1008.30, Florida Statutes, are amended
 3951  and subsection (7) is added to that section, to read:
 3952         1008.30 Common placement testing for public postsecondary
 3953  education.—
 3954         (1) The State Board of Colleges Education, in conjunction
 3955  with the Board of Governors and the State Board of Education,
 3956  shall develop and implement a common placement test for the
 3957  purpose of assessing the basic computation and communication
 3958  skills of students who intend to enter a degree program at any
 3959  public postsecondary educational institution. Alternative
 3960  assessments that may be accepted in lieu of the common placement
 3961  test shall also be identified in rule. Public postsecondary
 3962  educational institutions shall provide appropriate modifications
 3963  of the test instruments or test procedures for students with
 3964  disabilities.
 3965         (3) By October 31, 2013, The State Board of Colleges, in
 3966  conjunction with the Board of Governors and the State Board of
 3967  Education, Education shall establish by rule the test scores a
 3968  student must achieve to demonstrate readiness to perform
 3969  college-level work, and the rules must specify the following:
 3970         (a) A student who entered 9th grade in a Florida public
 3971  school in the 2003-2004 school year, or any year thereafter, and
 3972  earned a Florida standard high school diploma or a student who
 3973  is serving as an active duty member of any branch of the United
 3974  States Armed Services shall not be required to take the common
 3975  placement test and shall not be required to enroll in
 3976  developmental education instruction in a Florida College System
 3977  institution. However, a student who is not required to take the
 3978  common placement test and is not required to enroll in
 3979  developmental education under this paragraph may opt to be
 3980  assessed and to enroll in developmental education instruction,
 3981  and the college shall provide such assessment and instruction
 3982  upon the student’s request.
 3983         (b) A student who takes the common placement test and whose
 3984  score on the test indicates a need for developmental education
 3985  must be advised of all the developmental education options
 3986  offered at the institution and, after advisement, shall be
 3987  allowed to enroll in the developmental education option of his
 3988  or her choice.
 3989         (c) A student who demonstrates readiness by achieving or
 3990  exceeding the test scores established by the state board and
 3991  enrolls in a Florida College System institution within 2 years
 3992  after achieving such scores shall not be required to retest or
 3993  complete developmental education when admitted to any Florida
 3994  College System institution.
 3995         (4) By December 31, 2013, The State Board of Colleges
 3996  Education, in consultation with the Board of Governors, shall
 3997  approve a series of meta-majors and the academic pathways that
 3998  identify the gateway courses associated with each meta-major.
 3999  Florida College System institutions shall use placement test
 4000  results to determine the extent to which each student
 4001  demonstrates sufficient communication and computation skills to
 4002  indicate readiness for his or her chosen meta-major. Florida
 4003  College System institutions shall counsel students into college
 4004  credit courses as quickly as possible, with developmental
 4005  education limited to that content needed for success in the
 4006  meta-major.
 4007         (5)(a) Each Florida College System institution board of
 4008  trustees shall develop a plan to implement the developmental
 4009  education strategies defined in s. 1008.02 and rules established
 4010  by the State Board of Colleges Education. The plan must be
 4011  submitted to the Chancellor of the Florida College System for
 4012  approval no later than March 1, 2014, for implementation no
 4013  later than the fall semester 2014. Each plan must include, at a
 4014  minimum, local policies that outline:
 4015         1. Documented student achievements such as grade point
 4016  averages, work history, military experience, participation in
 4017  juried competitions, career interests, degree major declaration,
 4018  or any combination of such achievements that the institution may
 4019  consider, in addition to common placement test scores, for
 4020  advising students regarding enrollment options.
 4021         2. Developmental education strategies available to
 4022  students.
 4023         3. A description of student costs and financial aid
 4024  opportunities associated with each option.
 4025         4. Provisions for the collection of student success data.
 4026         5. A comprehensive plan for advising students into
 4027  appropriate developmental education strategies based on student
 4028  success data.
 4029         (b) Beginning October 31, 2015, each Florida College System
 4030  institution shall annually prepare an accountability report that
 4031  includes student success data relating to each developmental
 4032  education strategy implemented by the institution. The report
 4033  shall be submitted to the State Board of Division of Florida
 4034  Colleges by October 31 in a format determined by the Chancellor
 4035  of the Florida College System. By December 31, the chancellor
 4036  shall compile and submit the institutional reports to the
 4037  Governor, the President of the Senate, the Speaker of the House
 4038  of Representatives, and the State Board of Colleges and the
 4039  State Board of Education.
 4040         (c) A university board of trustees may contract with a
 4041  Florida College System institution board of trustees for the
 4042  Florida College System institution to provide developmental
 4043  education on the state university campus. Any state university
 4044  in which the percentage of incoming students requiring
 4045  developmental education equals or exceeds the average percentage
 4046  of such students for the Florida College System may offer
 4047  developmental education without contracting with a Florida
 4048  College System institution; however, any state university
 4049  offering college-preparatory instruction as of January 1, 1996,
 4050  may continue to provide developmental education instruction
 4051  pursuant to s. 1008.02(1) such services.
 4052         (7)The Supporting Students for Academic Success Program is
 4053  established to fund the efforts of Florida College System
 4054  institutions in assisting students enrolled in an associate in
 4055  arts degree program with successfully completing college credit
 4056  courses, graduating with an associate in arts degree, and
 4057  transferring to a baccalaureate degree program. It is the intent
 4058  of the Legislature to boost student achievement through
 4059  investments in effective and purposeful outcome-based strategies
 4060  and efforts to increase student access to relevant supports and
 4061  services. Such investments shall be used to boost the
 4062  achievement of students, including, but not limited to,
 4063  nontraditional students and underprepared students participating
 4064  in developmental education.
 4065         (a)A Florida College institution’s efforts must include
 4066  the implementation of the developmental education instructional
 4067  strategies under s. 1008.02 and other effective approaches to
 4068  improve student completion and graduation outcomes. Such
 4069  approaches may relate to direct instruction, academic support,
 4070  and student services.
 4071         (b)Funding for the Supporting Students for Academic
 4072  Success Program shall be as provided in the General
 4073  Appropriations Act. Each Florida College System institution
 4074  shall use the funds only for the purpose and investments
 4075  authorized under this subsection.
 4076         (c)The Chancellor of the Florida College System must
 4077  include in the accountability report required under subsection
 4078  (5) a summary of information from each Florida College System
 4079  institution which includes, but is not limited to, the number
 4080  and percentage of students enrolled at Florida College System
 4081  institutions who:
 4082         1.Successfully complete a gateway course in mathematics
 4083  within the first academic year after initial enrollment;
 4084         2.Successfully complete at least 24 credit hours at a
 4085  Florida College System institution within the first academic
 4086  year after initial enrollment and who remain enrolled at that
 4087  institution in the academic year immediately following the first
 4088  academic year;
 4089         3.Graduate with an associate in arts degree; and
 4090         4.Transfer to a baccalaureate degree program offered by an
 4091  institution of higher education in Florida within one year after
 4092  earning an associate in arts degree.
 4093         Section 68. Paragraphs (d) and (e) of subsection (1) and
 4094  paragraphs (a) and (c) of subsection (3) of section 1008.31,
 4095  Florida Statutes, are amended to read:
 4096         1008.31 Florida’s K-20 education performance accountability
 4097  system; legislative intent; mission, goals, and systemwide
 4098  measures; data quality improvements.—
 4099         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4100  that:
 4101         (d) The State Board of Education, and the Board of
 4102  Governors of the State University System, and the State Board of
 4103  Colleges of the Florida College System recommend to the
 4104  Legislature systemwide performance standards; the Legislature
 4105  establish systemwide performance measures and standards; and the
 4106  systemwide measures and standards provide Floridians with
 4107  information on what the public is receiving in return for the
 4108  funds it invests in education and how well the K-20 system
 4109  educates its students.
 4110         (e)1. The State Board of Education establish performance
 4111  measures and set performance standards for individual public
 4112  schools and Florida College System institutions, with measures
 4113  and standards based primarily on student achievement.
 4114         2. The Board of Governors of the State University System
 4115  establish performance measures and set performance standards for
 4116  individual state universities, including actual completion
 4117  rates.
 4118         3.The State Board of Colleges establish performance
 4119  measures and set performance standards for individual Florida
 4120  College System institutions.
 4121         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4122  data required to implement education performance accountability
 4123  measures in state and federal law, the Commissioner of Education
 4124  shall initiate and maintain strategies to improve data quality
 4125  and timeliness. The Board of Governors shall make available to
 4126  the department all data within the State University Database
 4127  System to be integrated into the K-20 data warehouse. The
 4128  commissioner shall have unlimited access to such data for the
 4129  purposes of conducting studies, reporting annual and
 4130  longitudinal student outcomes, and improving college readiness
 4131  and articulation. All public educational institutions shall
 4132  annually provide data from the prior year to the K-20 data
 4133  warehouse in a format based on data elements identified by the
 4134  commissioner.
 4135         (a) School districts and public postsecondary educational
 4136  institutions shall maintain information systems that will
 4137  provide the State Board of Education, the Board of Governors of
 4138  the State University System, the State Board of Colleges of the
 4139  Florida College System, and the Legislature with information and
 4140  reports necessary to address the specifications of the
 4141  accountability system. The level of comprehensiveness and
 4142  quality must be no less than that which was available as of June
 4143  30, 2001.
 4144         (c) The Commissioner of Education shall determine the
 4145  standards for the required data, monitor data quality, and
 4146  measure improvements. The commissioner shall report annually to
 4147  the State Board of Education, the Board of Governors of the
 4148  State University System, the State Board of Colleges of the
 4149  Florida College System, the President of the Senate, and the
 4150  Speaker of the House of Representatives data quality indicators
 4151  and ratings for all school districts and public postsecondary
 4152  educational institutions.
 4153         Section 69. Section 1008.32, Florida Statutes, is amended
 4154  to read:
 4155         1008.32 State Board of Education oversight enforcement
 4156  authority.—The State Board of Education shall oversee the
 4157  performance of district school boards and Florida College System
 4158  institution boards of trustees in enforcement of all laws and
 4159  rules. District school boards and Florida College System
 4160  institution boards of trustees shall be primarily responsible
 4161  for compliance with law and state board rule.
 4162         (1) In order to ensure compliance with law or state board
 4163  rule, the State Board of Education shall have the authority to
 4164  request and receive information, data, and reports from school
 4165  districts and Florida College System institutions. District
 4166  school superintendents and Florida College System institution
 4167  presidents are responsible for the accuracy of the information
 4168  and data reported to the state board.
 4169         (2) The Commissioner of Education may investigate
 4170  allegations of noncompliance with law or state board rule and
 4171  determine probable cause. The commissioner shall report
 4172  determinations of probable cause to the State Board of Education
 4173  which shall require the district school board or Florida College
 4174  System institution board of trustees to document compliance with
 4175  law or state board rule.
 4176         (3) If the district school board or Florida College System
 4177  institution board of trustees cannot satisfactorily document
 4178  compliance, the State Board of Education may order compliance
 4179  within a specified timeframe.
 4180         (4) If the State Board of Education determines that a
 4181  district school board or Florida College System institution
 4182  board of trustees is unwilling or unable to comply with law or
 4183  state board rule within the specified time, the state board
 4184  shall have the authority to initiate any of the following
 4185  actions:
 4186         (a) Report to the Legislature that the school district or
 4187  Florida College System institution is unwilling or unable to
 4188  comply with law or state board rule and recommend action to be
 4189  taken by the Legislature.
 4190         (b) Withhold the transfer of state funds, discretionary
 4191  grant funds, discretionary lottery funds, or any other funds
 4192  specified as eligible for this purpose by the Legislature until
 4193  the school district or Florida College System institution
 4194  complies with the law or state board rule.
 4195         (c) Declare the school district or Florida College System
 4196  institution ineligible for competitive grants.
 4197         (d) Require monthly or periodic reporting on the situation
 4198  related to noncompliance until it is remedied.
 4199         (5) Nothing in this section shall be construed to create a
 4200  private cause of action or create any rights for individuals or
 4201  entities in addition to those provided elsewhere in law or rule.
 4202         Section 70. Paragraphs (e) and (f) of subsection (7) of
 4203  section 1008.345, Florida Statutes, are amended to read:
 4204         1008.345 Implementation of state system of school
 4205  improvement and education accountability.—
 4206         (7) As a part of the system of educational accountability,
 4207  the Department of Education shall:
 4208         (e) Maintain a listing of college-level communication and
 4209  mathematics skills associated with successful student
 4210  performance through the baccalaureate level and submit it to the
 4211  State Board of Education, and the Board of Governors, and the
 4212  State Board of Colleges for approval.
 4213         (f) Perform any other functions that may be involved in
 4214  educational planning, research, and evaluation or that may be
 4215  required by the commissioner, the State Board of Education, the
 4216  State Board of Colleges, the Board of Governors, or law.
 4217         Section 71. Subsections (1) and (2) of section 1008.37,
 4218  Florida Statutes, are amended to read:
 4219         1008.37 Postsecondary feedback of information to high
 4220  schools.—
 4221         (1) The Commissioner of Education shall report to the State
 4222  Board of Education, the Board of Governors, the State Board of
 4223  Colleges, the Legislature, and the district school boards on the
 4224  performance of each first-time-in-postsecondary education
 4225  student from each public high school in this state who is
 4226  enrolled in a public postsecondary institution or public career
 4227  center. Such reports must be based on information databases
 4228  maintained by the Department of Education. In addition, the
 4229  public postsecondary educational institutions and career centers
 4230  shall provide district school boards access to information on
 4231  student performance in regular and preparatory courses and shall
 4232  indicate students referred for remediation pursuant to s.
 4233  1004.91 or s. 1008.30.
 4234         (2) The Commissioner of Education shall report, by high
 4235  school, to the State Board of Education, the Board of Governors,
 4236  the State Board of Colleges, and the Legislature, no later than
 4237  November 30 of each year, on the number of prior year Florida
 4238  high school graduates who enrolled for the first time in public
 4239  postsecondary education in this state during the previous
 4240  summer, fall, or spring term, indicating the number of students
 4241  whose scores on the common placement test indicated the need for
 4242  developmental education under s. 1008.30 or for applied
 4243  academics for adult education under s. 1004.91.
 4244         Section 72. Section 1008.38, Florida Statutes, is amended
 4245  to read:
 4246         1008.38 Articulation accountability process.—The State
 4247  Board of Education, in conjunction with the Board of Governors
 4248  and the State Board of Colleges, shall develop articulation
 4249  accountability measures which assess the status of systemwide
 4250  articulation processes authorized under s. 1007.23 and establish
 4251  an articulation accountability process which at a minimum shall
 4252  address:
 4253         (1) The impact of articulation processes on ensuring
 4254  educational continuity and the orderly and unobstructed
 4255  transition of students between public secondary and
 4256  postsecondary education systems and facilitating the transition
 4257  of students between the public and private sectors.
 4258         (2) The adequacy of preparation of public secondary
 4259  students to smoothly articulate to a public postsecondary
 4260  institution.
 4261         (3) The effectiveness of articulated acceleration
 4262  mechanisms available to secondary students.
 4263         (4) The smooth transfer of Florida College System associate
 4264  degree graduates to a Florida College System institution or a
 4265  state university.
 4266         (5) An examination of degree requirements that exceed the
 4267  parameters of 60 credit hours for an associate degree and 120
 4268  hours for a baccalaureate degree in public postsecondary
 4269  programs.
 4270         (6) The relationship between student attainment of college
 4271  level academic skills and articulation to the upper division in
 4272  public postsecondary institutions.
 4273         Section 73. Section 1008.405, Florida Statutes, is amended
 4274  to read:
 4275         1008.405 Adult student information.—Each school district
 4276  and Florida College System institution shall maintain sufficient
 4277  information for each student enrolled in workforce education to
 4278  allow local and state administrators to locate such student upon
 4279  the termination of instruction and to determine the
 4280  appropriateness of student placement in specific instructional
 4281  programs. The State Board of Education and the State Board of
 4282  Colleges shall adopt, by rule, specific information that must be
 4283  maintained and acceptable means of maintaining that information.
 4284         Section 74. Subsection (2) of section 1008.44, Florida
 4285  Statutes, is amended to read:
 4286         1008.44 CAPE Industry Certification Funding List and CAPE
 4287  Postsecondary Industry Certification Funding List.—
 4288         (2) The State Board of Education, for school districts, and
 4289  the State Board of Colleges, for Florida College System
 4290  institutions, shall collaborate to approve, at least annually,
 4291  the CAPE Postsecondary Industry Certification Funding List
 4292  pursuant to this section. The Commissioner of Education and the
 4293  Chancellor of the Florida College System shall recommend, at
 4294  least annually, the CAPE Postsecondary Industry Certification
 4295  Funding List to the State Board of Education and the State Board
 4296  of Colleges, respectively, and may at any time recommend adding
 4297  certifications. The Chancellor of the State University System,
 4298  the Chancellor of the Florida College System, and the Chancellor
 4299  of Career and Adult Education shall work with local workforce
 4300  boards, other postsecondary institutions, businesses, and
 4301  industry to identify, create, and recommend to the Commissioner
 4302  of Education industry certifications to be placed on the funding
 4303  list. The list shall be used to determine annual performance
 4304  funding distributions to school districts or Florida College
 4305  System institutions as specified in ss. 1011.80 and 1011.81,
 4306  respectively. The chancellors shall review results of the
 4307  economic security report of employment and earning outcomes
 4308  produced annually pursuant to s. 445.07 when determining
 4309  recommended certifications for the list, as well as other
 4310  reports and indicators available regarding certification needs.
 4311         Section 75. Section 1008.45, Florida Statutes, is amended
 4312  to read:
 4313         1008.45 Florida College System institution accountability
 4314  process.—
 4315         (1) It is the intent of the Legislature that a management
 4316  and accountability process be implemented which provides for the
 4317  systematic, ongoing improvement and assessment of the
 4318  improvement of the quality and efficiency of the Florida College
 4319  System institutions. Accordingly, the State Board of Colleges
 4320  Education and the Florida College System institution boards of
 4321  trustees shall develop and implement an accountability plan to
 4322  improve and evaluate the instructional and administrative
 4323  efficiency and effectiveness of the Florida College System. This
 4324  plan shall be designed in consultation with staff of the
 4325  Governor and the Legislature and must address the following
 4326  issues:
 4327         (a) Graduation rates of A.A. and A.S. degree-seeking
 4328  students compared to first-time-enrolled students seeking the
 4329  associate degree.
 4330         (b) Minority student enrollment and retention rates.
 4331         (c) Student performance, including student performance in
 4332  college-level academic skills, mean grade point averages for
 4333  Florida College System institution A.A. transfer students, and
 4334  Florida College System institution student performance on state
 4335  licensure examinations.
 4336         (d) Job placement rates of Florida College System
 4337  institution career students.
 4338         (e) Student progression by admission status and program.
 4339         (f) Career accountability standards identified in s.
 4340  1008.42.
 4341         (g) Institutional assessment efforts related to the
 4342  requirements of s. III in the Criteria for Accreditation of the
 4343  Commission on Colleges of the Southern Association of Colleges
 4344  and Schools.
 4345         (h) Other measures approved by the State Board of Colleges
 4346  Education.
 4347         (2) The State Board of Colleges Education shall submit an
 4348  annual report, to coincide with the submission of the state
 4349  board’s agency strategic plan required by law, providing the
 4350  results of initiatives taken during the prior year and the
 4351  initiatives and related objective performance measures proposed
 4352  for the next year.
 4353         (3) The State Board of Colleges Education shall address
 4354  within the annual evaluation of the performance of the
 4355  chancellor executive director, and the Florida College System
 4356  institution boards of trustees shall address within the annual
 4357  evaluation of the presidents, the achievement of the performance
 4358  goals established by the accountability process.
 4359         Section 76. Subsection (13) of section 1009.21, Florida
 4360  Statutes, is amended to read:
 4361         1009.21 Determination of resident status for tuition
 4362  purposes.—Students shall be classified as residents or
 4363  nonresidents for the purpose of assessing tuition in
 4364  postsecondary educational programs offered by charter technical
 4365  career centers or career centers operated by school districts,
 4366  in Florida College System institutions, and in state
 4367  universities.
 4368         (13) The State Board of Education, and the Board of
 4369  Governors, and the State Board of Colleges shall adopt rules to
 4370  implement this section.
 4371         Section 77. Effective July 1, 2018, paragraph (e) of
 4372  subsection (3) of section 1009.22, Florida Statutes, is amended
 4373  to read:
 4374         1009.22 Workforce education postsecondary student fees.—
 4375         (3)
 4376         (e) The State Board of Education and the State Board of
 4377  Colleges may adopt, by rule, the definitions and procedures that
 4378  district school boards and Florida College System institution
 4379  boards of trustees shall use in the calculation of cost borne by
 4380  students.
 4381         Section 78. Subsection (7), paragraph (b) of subsection
 4382  (12), subsection (13), paragraph (b) of subsection (16), and
 4383  subsection (19) of section 1009.23, Florida Statutes, are
 4384  amended to read:
 4385         1009.23 Florida College System institution student fees.—
 4386         (7) Each Florida College System institution board of
 4387  trustees may establish a separate activity and service fee not
 4388  to exceed 10 percent of the tuition fee, according to rules of
 4389  the State Board of Colleges Education. The student activity and
 4390  service fee shall be collected as a component part of the
 4391  tuition and fees. The student activity and service fees shall be
 4392  paid into a student activity and service fund at the Florida
 4393  College System institution and shall be expended for lawful
 4394  purposes to benefit the student body in general. These purposes
 4395  include, but are not limited to, student publications and grants
 4396  to duly recognized student organizations, the membership of
 4397  which is open to all students at the Florida College System
 4398  institution without regard to race, sex, or religion. No Florida
 4399  College System institution shall be required to lower any
 4400  activity and service fee approved by the board of trustees of
 4401  the Florida College System institution and in effect prior to
 4402  October 26, 2007, in order to comply with the provisions of this
 4403  subsection.
 4404         (12)
 4405         (b) The State Board of Colleges Education may adopt rules
 4406  pursuant to ss. 120.536(1) and 120.54 to administer this
 4407  subsection.
 4408         (13) The State Board of Colleges Education shall specify,
 4409  as necessary, by rule, approved methods of student fee payment.
 4410  Such methods shall include, but not be limited to, student fee
 4411  payment; payment through federal, state, or institutional
 4412  financial aid; and employer fee payments.
 4413         (16)
 4414         (b) The amount of the distance learning course user fee may
 4415  not exceed the additional costs of the services provided which
 4416  are attributable to the development and delivery of the distance
 4417  learning course. If a Florida College System institution
 4418  assesses the distance learning course user fee, the institution
 4419  may not assess any other fees to cover the additional costs. By
 4420  September 1 of each year, each board of trustees shall report to
 4421  the State Board of Colleges Division of Florida Colleges the
 4422  total amount of revenue generated by the distance learning
 4423  course user fee for the prior fiscal year and how the revenue
 4424  was expended.
 4425         (19) The State Board of Colleges Education shall adopt a
 4426  rule specifying the definitions and procedures to be used in the
 4427  calculation of the percentage of cost paid by students. The rule
 4428  must provide for the calculation of the full cost of educational
 4429  programs based on the allocation of all funds provided through
 4430  the general current fund to programs of instruction, and other
 4431  activities as provided in the annual expenditure analysis. The
 4432  rule shall be developed in consultation with the Legislature.
 4433         Section 79. Subsection (2) of section 1009.25, Florida
 4434  Statutes, is amended to read:
 4435         1009.25 Fee exemptions.—
 4436         (2) Each Florida College System institution is authorized
 4437  to grant student fee exemptions from all fees adopted by the
 4438  State Board of Colleges Education and the Florida College System
 4439  institution board of trustees for up to 54 full-time equivalent
 4440  students or 1 percent of the institution’s total full-time
 4441  equivalent enrollment, whichever is greater, at each
 4442  institution.
 4443         Section 80. Paragraph (b) of subsection (12), paragraphs
 4444  (c) and (d) of subsection (13), and paragraph (d) of subsection
 4445  (14) of section 1009.26, Florida Statutes, are amended to read:
 4446         1009.26 Fee waivers.—
 4447         (12) 
 4448         (b) Tuition and fees charged to a student who qualifies for
 4449  the out-of-state fee waiver under this subsection may not exceed
 4450  the tuition and fees charged to a resident student. The waiver
 4451  is applicable for 110 percent of the required credit hours of
 4452  the degree or certificate program for which the student is
 4453  enrolled. Each state university, Florida College System
 4454  institution, career center operated by a school district under
 4455  s. 1001.44, and charter technical career center shall report to
 4456  the Board of Governors, the State Board of Colleges, and the
 4457  State Board of Education, respectively, the number and value of
 4458  all fee waivers granted annually under this subsection. By
 4459  October 1 of each year, the Board of Governors, for the state
 4460  universities; and the State Board of Colleges, Education for
 4461  Florida College System institutions;, career centers operated by
 4462  a school district under s. 1001.44;, and charter technical
 4463  career centers shall annually report for the previous academic
 4464  year the percentage of resident and nonresident students
 4465  enrolled systemwide.
 4466         (13) 
 4467         (c) Each state university, Florida College System
 4468  institution, career center operated by a school district under
 4469  s. 1001.44, and charter technical career center shall report to
 4470  the Board of Governors, the State Board of Colleges, and the
 4471  State Board of Education, respectively, the number and value of
 4472  all fee waivers granted annually under this subsection.
 4473         (d) The Board of Governors, the State Board of Colleges,
 4474  and the State Board of Education shall respectively adopt
 4475  regulations and rules to administer this subsection.
 4476         (14)
 4477         (d) The Board of Governors, the State Board of Colleges,
 4478  and the State Board of Education shall respectively adopt
 4479  regulations and rules to administer this subsection.
 4480         Section 81. Section 1009.28, Florida Statutes, is amended
 4481  to read:
 4482         1009.28 Fees for repeated enrollment in developmental
 4483  education classes.—A student enrolled in the same developmental
 4484  education class more than twice shall pay 100 percent of the
 4485  full cost of instruction to support continuous enrollment of
 4486  that student in the same class, and the student shall not be
 4487  included in calculations of full-time equivalent enrollments for
 4488  state funding purposes; however, students who withdraw or fail a
 4489  class due to extenuating circumstances may be granted an
 4490  exception only once for each class, provided approval is granted
 4491  according to policy established by the board of trustees. Each
 4492  Florida College System institution may review and reduce fees
 4493  paid by students due to continued enrollment in a developmental
 4494  education class on an individual basis contingent upon the
 4495  student’s financial hardship, pursuant to definitions and fee
 4496  levels established by the State Board of Colleges Education.
 4497         Section 82. Subsections (9) and (12) of section 1009.90,
 4498  Florida Statutes, are amended to read:
 4499         1009.90 Duties of the Department of Education.—The duties
 4500  of the department shall include:
 4501         (9) Development and submission of a report, annually, to
 4502  the State Board of Education, the Board of Governors, the State
 4503  Board of Colleges, the President of the Senate, and the Speaker
 4504  of the House of Representatives, which shall include, but not be
 4505  limited to, recommendations for the distribution of state
 4506  financial aid funds.
 4507         (12) Calculation of the amount of need-based student
 4508  financial aid required to offset fee increases recommended by
 4509  the State Board of Education, and the Board of Governors, and
 4510  the State Board of Colleges, and inclusion of such amount within
 4511  the legislative budget request for student assistance grant
 4512  programs.
 4513         Section 83. Subsection (4) of section 1009.91, Florida
 4514  Statutes, is amended to read:
 4515         1009.91 Assistance programs and activities of the
 4516  department.—
 4517         (4) The department shall maintain records on the student
 4518  loan default rate of each Florida postsecondary institution and
 4519  report that information annually to both the institution and the
 4520  State Board of Education. Information relating to state
 4521  universities shall also be reported annually to the Board of
 4522  Governors. Information relating to Florida College System
 4523  institutions shall be reported annually to the State Board of
 4524  Colleges.
 4525         Section 84. Subsection (2) of section 1009.971, Florida
 4526  Statutes, is amended to read:
 4527         1009.971 Florida Prepaid College Board.—
 4528         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 4529  shall consist of seven members to be composed of the Attorney
 4530  General, the Chief Financial Officer, the Chancellor of the
 4531  State University System, the Chancellor of the Florida College
 4532  System Division of Florida Colleges, and three members appointed
 4533  by the Governor and subject to confirmation by the Senate. Each
 4534  member appointed by the Governor shall possess knowledge, skill,
 4535  and experience in the areas of accounting, actuary, risk
 4536  management, or investment management. Each member of the board
 4537  not appointed by the Governor may name a designee to serve on
 4538  the board on behalf of the member; however, any designee so
 4539  named shall meet the qualifications required of gubernatorial
 4540  appointees to the board. Members appointed by the Governor shall
 4541  serve terms of 3 years. Any person appointed to fill a vacancy
 4542  on the board shall be appointed in a like manner and shall serve
 4543  for only the unexpired term. Any member shall be eligible for
 4544  reappointment and shall serve until a successor qualifies.
 4545  Members of the board shall serve without compensation but shall
 4546  be reimbursed for per diem and travel in accordance with s.
 4547  112.061. Each member of the board who is not otherwise required
 4548  to file a full and public disclosure of financial interests
 4549  pursuant to s. 8, Art. II of the State Constitution or s.
 4550  112.3144 shall file a statement of financial interests pursuant
 4551  to s. 112.3145.
 4552         Section 85. Section 1010.01, Florida Statutes, is amended
 4553  to read:
 4554         1010.01 Uniform records and accounts.—
 4555         (1)(a) The financial records and accounts of each school
 4556  district, Florida College System institution, and other
 4557  institution or agency under the supervision of the State Board
 4558  of Education shall be prepared and maintained as prescribed by
 4559  law and rules of the State Board of Education.
 4560         (b) The financial records and accounts of each state
 4561  university under the supervision of the Board of Governors shall
 4562  be prepared and maintained as prescribed by law and rules of the
 4563  Board of Governors.
 4564         (c)The financial records and accounts of each Florida
 4565  College System institution under the supervision of the State
 4566  Board of Colleges shall be prepared and maintained as prescribed
 4567  by law and by the rules of the State Board of Colleges.
 4568         (2) Rules of the State Board of Education, and rules of the
 4569  Board of Governors, and the State Board of Colleges shall
 4570  incorporate the requirements of law and accounting principles
 4571  generally accepted in the United States. Such rules shall
 4572  include a uniform classification of accounts.
 4573         (3) Each state university shall annually file with the
 4574  Board of Governors financial statements prepared in conformity
 4575  with accounting principles generally accepted by the United
 4576  States and the uniform classification of accounts prescribed by
 4577  the Board of Governors. The Board of Governors’ rules shall
 4578  prescribe the filing deadline for the financial statements.
 4579         (4) Required financial accounts and reports shall include
 4580  provisions that are unique to each of the following: K-12 school
 4581  districts, Florida College System institutions, and state
 4582  universities, and shall provide for the data to be reported to
 4583  the National Center of Educational Statistics and other
 4584  governmental and professional educational data information
 4585  services as appropriate.
 4586         (5)Each Florida College System institution shall annually
 4587  file with the State Board of Colleges financial statements
 4588  prepared in conformity with accounting principles generally
 4589  accepted by the United States and the uniform classification of
 4590  accounts prescribed by the State Board of Colleges. The State
 4591  Board of Colleges’ rules shall prescribe the filing deadline for
 4592  the financial statements.
 4593         Section 86. Subsection (1) of section 1010.02, Florida
 4594  Statutes, is amended, and subsection (3) is added to that
 4595  section, to read:
 4596         1010.02 Financial accounting and expenditures.—
 4597         (1) All funds accruing to a school district or a Florida
 4598  College System institution must be received, accounted for, and
 4599  expended in accordance with law and rules of the State Board of
 4600  Education.
 4601         (3)All funds accruing to a Florida College System
 4602  institution must be received, accounted for, and expended in
 4603  accordance with law and rules of the State Board of Colleges.
 4604         Section 87. Subsections (1) and (4) of section 1010.04,
 4605  Florida Statutes, are amended to read:
 4606         1010.04 Purchasing.—
 4607         (1)(a) Purchases and leases by school districts must and
 4608  Florida College System institutions shall comply with the
 4609  requirements of law and rules of the State Board of Education.
 4610         (b) Before purchasing nonacademic commodities and
 4611  contractual services, each district school board and Florida
 4612  College System institution board of trustees shall review the
 4613  purchasing agreements and state term contracts available under
 4614  s. 287.056 to determine whether it is in the school board’s or
 4615  the board of trustees’ economic advantage to use the agreements
 4616  and contracts. Each bid specification for nonacademic
 4617  commodities and contractual services must include a statement
 4618  indicating that the purchasing agreements and state term
 4619  contracts available under s. 287.056 have been reviewed. Each
 4620  district school board may also use the cooperative state
 4621  purchasing programs managed through the regional consortium
 4622  service organizations pursuant to their authority under s.
 4623  1001.451(3). This paragraph does not apply to services that are
 4624  eligible for reimbursement under the federal E-rate program
 4625  administered by the Universal Service Administrative Company.
 4626         (c) Purchases and leases by state universities must shall
 4627  comply with the requirements of law and regulations of the Board
 4628  of Governors.
 4629         (d)Purchases and leases by Florida College System
 4630  institutions must comply with the requirements of law and rules
 4631  of the State Board of Colleges.
 4632         (4)(a) The State Board of Education may, by rule, provide
 4633  for alternative procedures for school districts and Florida
 4634  College System institutions for bidding or purchasing in cases
 4635  in which the character of the item requested renders competitive
 4636  bidding impractical.
 4637         (b) The Board of Governors may, by regulation, provide for
 4638  alternative procedures for state universities for bidding or
 4639  purchasing in cases in which the character of the item requested
 4640  renders competitive bidding impractical.
 4641         (c)The State Board of Colleges may provide by rule for
 4642  alternative procedures for Florida College System institutions
 4643  for bidding or purchasing in cases in which the character of the
 4644  item requested renders competitive bidding impractical.
 4645         Section 88. Subsection (2) of section 1010.07, Florida
 4646  Statutes, is amended to read:
 4647         1010.07 Bonds or insurance required.—
 4648         (2)(a) Contractors paid from school district or Florida
 4649  College System institution funds shall give bond for the
 4650  faithful performance of their contracts in such amount and for
 4651  such purposes as prescribed by s. 255.05 or by rules of the
 4652  State Board of Education relating to the type of contract
 4653  involved. It shall be the duty of the district school board or
 4654  Florida College System institution board of trustees to require
 4655  from construction contractors a bond adequate to protect the
 4656  board and the board’s funds involved.
 4657         (b) Contractors paid from university funds shall give bond
 4658  for the faithful performance of their contracts in such amount
 4659  and for such purposes as prescribed by s. 255.05 or by
 4660  regulations of the Board of Governors relating to the type of
 4661  contract involved. It shall be the duty of the university board
 4662  of trustees to require from construction contractors a bond
 4663  adequate to protect the board and the board’s funds involved.
 4664         (c)Contractors paid from Florida College System
 4665  institution funds shall give bonds for the faithful performance
 4666  of their contracts in such amount and for such purposes as
 4667  prescribed by s. 255.05 or by rules of the State Board of
 4668  Colleges relating to the type of contract involved. It is the
 4669  duty of the Florida College System institution board of trustees
 4670  to require construction contractors to provide a bond adequate
 4671  to protect the board and the board’s funds involved.
 4672         Section 89. Section 1010.08, Florida Statutes, is amended
 4673  to read:
 4674         1010.08 Promotion and public relations; funding.—
 4675         (1) Each district school board and Florida College System
 4676  institution board of trustees may budget and use a portion of
 4677  the funds accruing to it from auxiliary enterprises and
 4678  undesignated gifts for promotion and public relations as
 4679  prescribed by rules of the State Board of Education. Such funds
 4680  may be used to provide hospitality to business guests in the
 4681  district or elsewhere. However, such hospitality expenses may
 4682  not exceed the amount authorized for such contingency funds as
 4683  prescribed by rules of the State Board of Education.
 4684         (2)Each Florida College System institution board of
 4685  trustees may budget and use a portion of the funds accruing to
 4686  it from auxiliary enterprises and undesignated gifts for
 4687  promotion and public relations as prescribed by rules of the
 4688  State Board of Colleges. Such funds may be used to provide
 4689  hospitality to business guests in the district or elsewhere.
 4690  However, such hospitality expenses may not exceed the amount
 4691  authorized for such contingency funds as prescribed by rules of
 4692  the State Board of Colleges.
 4693         Section 90. Subsection (1) of section 1010.09, Florida
 4694  Statutes, is amended, and subsection (3) is added to that
 4695  section, to read:
 4696         1010.09 Direct-support organizations.—
 4697         (1) School district and Florida College System institution
 4698  direct-support organizations shall be organized and conducted
 4699  under the provisions of ss. 1001.453 and 1004.70 and rules of
 4700  the State Board of Education, as applicable.
 4701         (3)Florida College System institution direct-support
 4702  organizations shall be organized and conducted under s. 1004.70
 4703  and rules of the State Board of Colleges.
 4704         Section 91. Section 1010.22, Florida Statutes, is amended
 4705  to read:
 4706         1010.22 Cost accounting and reporting for workforce
 4707  education.—
 4708         (1)(a) Each school district and each Florida College System
 4709  institution shall account for expenditures of all state, local,
 4710  federal, and other funds in the manner prescribed by the State
 4711  Board of Education.
 4712         (b)Each Florida College System institution shall account
 4713  for expenditures of all state, local, federal, and other funds
 4714  in the manner prescribed by the State Board of Colleges.
 4715         (2)(a) Each school district and each Florida College System
 4716  institution shall report expenditures for workforce education in
 4717  accordance with requirements prescribed by the State Board of
 4718  Education.
 4719         (b)Each Florida College System institution shall report
 4720  expenditures for workforce education in accordance with
 4721  requirements prescribed by the State Board of Colleges.
 4722         (3) The Department of Education, in cooperation with school
 4723  districts and Florida College System institutions, shall develop
 4724  and maintain a database of valid comparable information on
 4725  workforce education which will meet both state and local needs.
 4726         Section 92. Subsection (1) of section 1010.30, Florida
 4727  Statutes, is amended to read:
 4728         1010.30 Audits required.—
 4729         (1) School districts, Florida College System institutions,
 4730  and other institutions and agencies under the supervision of the
 4731  State Board of Education, Florida College System institutions
 4732  under the supervision of the State Board of Colleges, and state
 4733  universities under the supervision of the Board of Governors are
 4734  subject to the audit provisions of ss. 11.45 and 218.39.
 4735         Section 93. Subsection (1) of section 1010.58, Florida
 4736  Statutes, is amended to read:
 4737         1010.58 Procedure for determining number of instruction
 4738  units for Florida College System institutions.—The number of
 4739  instruction units for Florida College System institutions shall
 4740  be determined from the full-time equivalent students in the
 4741  Florida College System institution, provided that full-time
 4742  equivalent students may not be counted more than once in
 4743  determining instruction units. Instruction units for Florida
 4744  College System institutions shall be computed as follows:
 4745         (1) One unit for each 12 full-time equivalent students at a
 4746  Florida College System institution for the first 420 students
 4747  and one unit for each 15 full-time equivalent students for all
 4748  over 420 students, in other than career education programs as
 4749  defined by rules of the State Board of Colleges Education, and
 4750  one unit for each 10 full-time equivalent students in career
 4751  education programs and compensatory education programs as
 4752  defined by rules of the State Board of Colleges Education. Full
 4753  time equivalent students enrolled in a Florida College System
 4754  institution shall be defined by rules of the State Board of
 4755  Colleges Education.
 4756         Section 94. Subsections (2), (3), and (4) of section
 4757  1011.01, Florida Statutes, are amended to read:
 4758         1011.01 Budget system established.—
 4759         (2)(a) There is shall be established in each school
 4760  district and Florida College System institution a budget system
 4761  as prescribed by law and rules of the State Board of Education.
 4762         (b) There is shall be established in each state university
 4763  a budget system as prescribed by law and rules of the Board of
 4764  Governors.
 4765         (c)There is established in each Florida College System
 4766  institution a budget system as prescribed by law and rules of
 4767  the State Board of Colleges.
 4768         (3)(a) Each district school board and each Florida College
 4769  System institution board of trustees shall prepare, adopt, and
 4770  submit to the Commissioner of Education an annual operating
 4771  budget. Operating budgets must shall be prepared and submitted
 4772  in accordance with the provisions of law, rules of the State
 4773  Board of Education, the General Appropriations Act, and for
 4774  district school boards in accordance with the provisions of ss.
 4775  200.065 and 1011.64.
 4776         (b) Each state university board of trustees shall prepare,
 4777  adopt, and submit to the Chancellor of the State University
 4778  System for review an annual operating budget in accordance with
 4779  provisions of law, rules of the Board of Governors, and the
 4780  General Appropriations Act.
 4781         (c)Each Florida College System institution board of
 4782  trustees shall prepare, adopt, and submit to the State Board of
 4783  Colleges an annual operating budget in accordance with
 4784  provisions of law, rules of the State Board of Colleges, and the
 4785  General Appropriations Act.
 4786         (4) The State Board of Education shall coordinate with the
 4787  Board of Governors and the State Board of Colleges to facilitate
 4788  the budget system requirements of this section. The State Board
 4789  of Colleges exclusively retains the review and approval powers
 4790  of this section for Florida College System institutions. The
 4791  Board of Governors exclusively retains the review and approval
 4792  powers of this section for state universities.
 4793         Section 95. Section 1011.011, Florida Statutes, is amended
 4794  to read:
 4795         1011.011 Legislative capital outlay budget request.—The
 4796  State Board of Education shall submit an integrated,
 4797  comprehensive budget request for educational facilities
 4798  construction and fixed capital outlay needs for school
 4799  districts, and, in conjunction with the State Board of Colleges
 4800  for Florida College System institutions, and, in conjunction
 4801  with the Board of Governors for state, universities, pursuant to
 4802  this section and s. 1013.46 and applicable provisions of chapter
 4803  216.
 4804         Section 96. Section 1011.30, Florida Statutes, is amended
 4805  to read:
 4806         1011.30 Budgets for Florida College System institutions.
 4807  Each Florida College System institution president shall
 4808  recommend to the Florida College System institution board of
 4809  trustees a budget of income and expenditures at such time and in
 4810  such form as the State Board of Colleges Education may
 4811  prescribe. Upon approval of a budget by the Florida College
 4812  System institution board of trustees, such budget must shall be
 4813  transmitted to the State Board of Colleges Department of
 4814  Education for review. Rules of the State Board of Colleges must
 4815  Education shall prescribe procedures for effecting budget
 4816  amendments subsequent to the final approval of a budget for a
 4817  given year.
 4818         Section 97. Subsections (8), (9), and (12) of section
 4819  1011.32, Florida Statutes, are amended to read:
 4820         1011.32 Florida College System Institution Facility
 4821  Enhancement Challenge Grant Program.—
 4822         (8) By October 15 of each year, the State Board of Colleges
 4823  Education shall transmit to the Governor and the Legislature a
 4824  list of projects that meet all eligibility requirements to
 4825  participate in the Florida College System Institution Facility
 4826  Enhancement Challenge Grant Program and a budget request that
 4827  includes the recommended schedule necessary to complete each
 4828  project.
 4829         (9) In order for a project to be eligible under this
 4830  program, it must be survey recommended under the provisions of
 4831  s. 1013.31 and included in the Florida College System
 4832  institution’s 5-year capital improvement plan, and it must
 4833  receive approval from the State Board of Colleges Education or
 4834  the Legislature.
 4835         (12) The surveys, architectural plans, facility, and
 4836  equipment shall be the property of the participating Florida
 4837  College System institution. A facility constructed under this
 4838  section may be named in honor of a donor at the option of the
 4839  Florida College System institution district board of trustees. A
 4840  facility may not be named after a living person without prior
 4841  approval by the State Board of Colleges Education.
 4842         Section 98. Subsection (2), paragraph (b) of subsection
 4843  (5), and subsections (8), (9), and (11) of section 1011.80,
 4844  Florida Statutes, are amended to read:
 4845         1011.80 Funds for operation of workforce education
 4846  programs.—
 4847         (2) Any workforce education program may be conducted by a
 4848  Florida College System institution or a school district, except
 4849  that college credit in an associate in applied science or an
 4850  associate in science degree may be awarded only by a Florida
 4851  College System institution. However, if an associate in applied
 4852  science or an associate in science degree program contains
 4853  within it an occupational completion point that confers a
 4854  certificate or an applied technology diploma, that portion of
 4855  the program may be conducted by a school district career center.
 4856  Any instruction designed to articulate to a degree program is
 4857  subject to guidelines and standards adopted by the State Board
 4858  of Colleges Education pursuant to s. 1007.25.
 4859         (5) State funding and student fees for workforce education
 4860  instruction shall be established as follows:
 4861         (b) For all other workforce education programs, state
 4862  funding shall equal 75 percent of the average cost of
 4863  instruction with the remaining 25 percent made up from student
 4864  fees. Fees for courses within a program shall not vary according
 4865  to the cost of the individual program, but instead shall be
 4866  based on a uniform fee calculated and set at the state level, as
 4867  adopted by the State Board of Education, for school districts,
 4868  and the State Board of Colleges, for Florida College System
 4869  institutions, unless otherwise specified in the General
 4870  Appropriations Act.
 4871         (8) The State Board of Education, the State Board of
 4872  Colleges, and CareerSource Florida, Inc., shall provide the
 4873  Legislature with recommended formulas, criteria, timeframes, and
 4874  mechanisms for distributing performance funds. The commissioner
 4875  shall consolidate the recommendations and develop a consensus
 4876  proposal for funding. The Legislature shall adopt a formula and
 4877  distribute the performance funds to the State Board of Colleges
 4878  Education for Florida College System institutions and to the
 4879  State Board of Education for school districts through the
 4880  General Appropriations Act. These recommendations shall be based
 4881  on formulas that would discourage low-performing or low-demand
 4882  programs and encourage through performance-funding awards:
 4883         (a) Programs that prepare people to enter high-wage
 4884  occupations identified by the Workforce Estimating Conference
 4885  created by s. 216.136 and other programs as approved by
 4886  CareerSource Florida, Inc. At a minimum, performance incentives
 4887  shall be calculated for adults who reach completion points or
 4888  complete programs that lead to specified high-wage employment
 4889  and to their placement in that employment.
 4890         (b) Programs that successfully prepare adults who are
 4891  eligible for public assistance, economically disadvantaged,
 4892  disabled, not proficient in English, or dislocated workers for
 4893  high-wage occupations. At a minimum, performance incentives
 4894  shall be calculated at an enhanced value for the completion of
 4895  adults identified in this paragraph and job placement of such
 4896  adults upon completion. In addition, adjustments may be made in
 4897  payments for job placements for areas of high unemployment.
 4898         (c) Programs that are specifically designed to be
 4899  consistent with the workforce needs of private enterprise and
 4900  regional economic development strategies, as defined in
 4901  guidelines set by CareerSource Florida, Inc. CareerSource
 4902  Florida, Inc., shall develop guidelines to identify such needs
 4903  and strategies based on localized research of private employers
 4904  and economic development practitioners.
 4905         (d) Programs identified by CareerSource Florida, Inc., as
 4906  increasing the effectiveness and cost efficiency of education.
 4907         (9) School districts shall report full-time equivalent
 4908  students by discipline category for the programs specified in
 4909  subsection (1). There shall be an annual cost analysis for the
 4910  school district workforce education programs that reports cost
 4911  by discipline category consistent with the reporting for full
 4912  time equivalent students. The annual financial reports submitted
 4913  by the school districts must accurately report on the student
 4914  fee revenues by fee type according to the programs specified in
 4915  subsection (1). The Department of Education and the State Board
 4916  of Colleges shall develop a plan for comparable reporting of
 4917  program, student, facility, personnel, and financial data
 4918  between the Florida College System institutions and the school
 4919  district workforce education programs.
 4920         (11) The State Board of Education and the State Board of
 4921  Colleges may adopt rules to administer this section.
 4922         Section 99. Subsections (2) and (3) of section 1011.801,
 4923  Florida Statutes, are amended to read:
 4924         1011.801 Workforce Development Capitalization Incentive
 4925  Grant Program.—The Legislature recognizes that the need for
 4926  school districts and Florida College System institutions to be
 4927  able to respond to emerging local or statewide economic
 4928  development needs is critical to the workforce development
 4929  system. The Workforce Development Capitalization Incentive Grant
 4930  Program is created to provide grants to school districts and
 4931  Florida College System institutions on a competitive basis to
 4932  fund some or all of the costs associated with the creation or
 4933  expansion of workforce development programs that serve specific
 4934  employment workforce needs.
 4935         (2) The State Board of Education shall accept applications
 4936  from school districts, and the State Board of Colleges shall
 4937  accept applications from or Florida College System institutions,
 4938  for workforce development capitalization incentive grants.
 4939  Applications from school districts or Florida College System
 4940  institutions must shall contain projected enrollments and
 4941  projected costs for the new or expanded workforce development
 4942  program. The State Board of Education or the State Board of
 4943  Colleges, as appropriate, in consultation with CareerSource
 4944  Florida, Inc., shall review and rank each application for a
 4945  grant according to subsection (3) and shall submit to the
 4946  Legislature a list in priority order of applications recommended
 4947  for a grant award.
 4948         (3) The State Board of Education or the State Board of
 4949  Colleges, as appropriate, shall give highest priority to
 4950  programs that train people to enter high-skill, high-wage
 4951  occupations identified by the Workforce Estimating Conference
 4952  and other programs approved by CareerSource Florida, Inc.;
 4953  programs that train people to enter occupations under the
 4954  welfare transition program; or programs that train for the
 4955  workforce adults who are eligible for public assistance,
 4956  economically disadvantaged, disabled, not proficient in English,
 4957  or dislocated workers. The State Board of Education or the State
 4958  Board of Colleges, as appropriate, shall consider the statewide
 4959  geographic dispersion of grant funds in ranking the applications
 4960  and shall give priority to applications from education agencies
 4961  that are making maximum use of their workforce development
 4962  funding by offering high-performing, high-demand programs.
 4963         Section 100. Subsection (2) of section 1011.81, Florida
 4964  Statutes, is amended to read:
 4965         1011.81 Florida College System Program Fund.—
 4966         (2) Performance funding for industry certifications for
 4967  Florida College System institutions is contingent upon specific
 4968  appropriation in the General Appropriations Act and shall be
 4969  determined as follows:
 4970         (a) Occupational areas for which industry certifications
 4971  may be earned, as established in the General Appropriations Act,
 4972  are eligible for performance funding. Priority shall be given to
 4973  the occupational areas emphasized in state, national, or
 4974  corporate grants provided to Florida educational institutions.
 4975         (b) The Chancellor of the Florida College System, for the
 4976  Florida College System institutions, shall identify the industry
 4977  certifications eligible for funding on the CAPE Postsecondary
 4978  Industry Certification Funding List approved by the State Board
 4979  of Colleges Education pursuant to s. 1008.44, based on the
 4980  occupational areas specified in the General Appropriations Act.
 4981         (c) Each Florida College System institution shall be
 4982  provided $1,000 for each industry certification earned by a
 4983  student. The maximum amount of funding appropriated for
 4984  performance funding pursuant to this subsection shall be limited
 4985  to $15 million annually. If funds are insufficient to fully fund
 4986  the calculated total award, such funds shall be prorated.
 4987         Section 101. Subsection (1) of section 1011.82, Florida
 4988  Statutes, is amended to read:
 4989         1011.82 Requirements for participation in Florida College
 4990  System Program Fund.—Each Florida College System institution
 4991  district which participates in the state appropriations for the
 4992  Florida College System Program Fund shall provide evidence of
 4993  its effort to maintain an adequate Florida College System
 4994  institution program which shall:
 4995         (1) Meet the minimum standards prescribed by the State
 4996  Board of Colleges Education in accordance with s. 1001.602(5) s.
 4997  1001.02(6).
 4998         Section 102. Section 1011.83, Florida Statutes, is amended
 4999  to read:
 5000         1011.83 Financial support of Florida College System
 5001  institutions.—
 5002         (1) Each Florida College System institution that has been
 5003  approved by the Department of Education and meets the
 5004  requirements of law and rules of the State Board of Colleges
 5005  Education shall participate in the Florida College System
 5006  Program Fund. However, funds to support workforce education
 5007  programs conducted by Florida College System institutions shall
 5008  be provided pursuant to s. 1011.80.
 5009         (2) A student in a baccalaureate degree program approved
 5010  pursuant to s. 1007.33 who is not classified as a resident for
 5011  tuition purposes pursuant to s. 1009.21 may not be included in
 5012  calculations of full-time equivalent enrollments for state
 5013  funding purposes.
 5014         Section 103. Section 1011.84, Florida Statutes, is amended
 5015  to read:
 5016         1011.84 Procedure for determining state financial support
 5017  and annual apportionment of state funds to each Florida College
 5018  System institution district.—The procedure for determining state
 5019  financial support and the annual apportionment to each Florida
 5020  College System institution district authorized to operate a
 5021  Florida College System institution under the provisions of s.
 5022  1001.61 shall be as follows:
 5023         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 5024  COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
 5025         (a) The State Board of Colleges Department of Education
 5026  shall determine annually, from an analysis of operating costs,
 5027  prepared in the manner prescribed by rules of the State Board of
 5028  Education, the costs per full-time equivalent student served in
 5029  courses and fields of study offered in Florida College System
 5030  institutions. This information and current college operating
 5031  budgets shall be submitted to the Executive Office of the
 5032  Governor with the legislative budget request prior to each
 5033  regular session of the Legislature.
 5034         (b) The allocation of funds for Florida College System
 5035  institutions must shall be based on advanced and professional
 5036  disciplines, developmental education, and other programs for
 5037  adults funded pursuant to s. 1011.80.
 5038         (c) The category of lifelong learning is for students
 5039  enrolled pursuant to s. 1004.93. A student shall also be
 5040  reported as a lifelong learning student for his or her
 5041  enrollment in any course that he or she has previously taken,
 5042  unless it is a credit course in which the student earned a grade
 5043  of D or F.
 5044         (d) If an adult student has been determined to be a
 5045  disabled student eligible for an approved educational program
 5046  for disabled adults provided pursuant to s. 1004.93 and rules of
 5047  the State Board of Colleges Education and is enrolled in a class
 5048  with curriculum frameworks developed for the program, state
 5049  funding for that student shall be provided at a level double
 5050  that of a student enrolled in a special adult general education
 5051  program provided by a Florida College System institution.
 5052         (e) All state inmate education provided by Florida College
 5053  System institutions shall be reported by program, FTE
 5054  expenditure, and revenue source. These enrollments,
 5055  expenditures, and revenues shall be reported and projected
 5056  separately. Instruction of state inmates may shall not be
 5057  included in the full-time equivalent student enrollment for
 5058  funding through the Florida College System Program Fund.
 5059         (f) When a public educational institution has been fully
 5060  funded by an external agency for direct instructional costs of
 5061  any course or program, the FTE generated may shall not be
 5062  reported for state funding.
 5063         (g) The State Board of Education shall adopt rules to
 5064  implement s. 9(d)(8)f., Art. XII of the State Constitution.
 5065  These rules shall provide for the use of the funds available
 5066  under s. 9(d)(8)f., Art. XII by an individual Florida College
 5067  System institution for operating expense in any fiscal year
 5068  during which the State Board of Education has determined that
 5069  all major capital outlay needs have been met. Highest priority
 5070  for the use of these funds for purposes other than financing
 5071  approved capital outlay projects shall be for the proper
 5072  maintenance and repair of existing facilities for projects
 5073  approved by the State Board of Education. However, in any fiscal
 5074  year in which funds from this source are authorized for
 5075  operating expense other than approved maintenance and repair
 5076  projects, the allocation of Florida College System institution
 5077  program funds shall be reduced by an amount equal to the sum
 5078  used for such operating expense for that Florida College System
 5079  institution that year, and that amount shall not be released or
 5080  allocated among the other Florida College System institutions
 5081  that year.
 5082         (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
 5083  OUTLAY AND DEBT SERVICE.—The amount included for capital outlay
 5084  and debt service shall be as determined and provided in s. 18,
 5085  Art. XII of the State Constitution of 1885, as adopted by s.
 5086  9(d), Art. XII of the 1968 revised State Constitution and State
 5087  Board of Education rules.
 5088         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 5089         (a) By December 15 of each year, the State Board of
 5090  Colleges Department of Education shall estimate the annual
 5091  enrollment of each Florida College System institution for the
 5092  current fiscal year and for the 3 subsequent fiscal years. These
 5093  estimates shall be based upon prior years’ enrollments, upon the
 5094  initial fall term enrollments for the current fiscal year for
 5095  each college, and upon each college’s estimated current
 5096  enrollment and demographic changes in the respective Florida
 5097  College System institution districts. Upper-division enrollment
 5098  shall be estimated separately from lower-division enrollment.
 5099         (b) The apportionment to each Florida College System
 5100  institution from the Florida College System Program Fund shall
 5101  be determined annually in the General Appropriations Act. In
 5102  determining each college’s apportionment, the Legislature shall
 5103  consider the following components:
 5104         1. Base budget, which includes the state appropriation to
 5105  the Florida College System Program Fund in the current year plus
 5106  the related student tuition and out-of-state fees assigned in
 5107  the current General Appropriations Act.
 5108         2. The cost-to-continue allocation, which consists of
 5109  incremental changes to the base budget, including salaries,
 5110  price levels, and other related costs allocated through a
 5111  funding model approved by the Legislature which may recognize
 5112  differing economic factors arising from the individual
 5113  educational approaches of the various Florida College System
 5114  institutions, including, but not limited to:
 5115         a. Direct Instructional Funding, including class size,
 5116  faculty productivity factors, average faculty salary, ratio of
 5117  full-time to part-time faculty, costs of programs, and
 5118  enrollment factors.
 5119         b. Academic Support, including small colleges factor,
 5120  multicampus factor, and enrollment factor.
 5121         c. Student Services Support, including headcount of
 5122  students as well as FTE count and enrollment factors.
 5123         d. Library Support, including volume and other
 5124  materials/audiovisual requirements.
 5125         e. Special Projects.
 5126         f. Operations and Maintenance of Plant, including square
 5127  footage and utilization factors.
 5128         g. District Cost Differential.
 5129         3. Students enrolled in a recreation and leisure program
 5130  and students enrolled in a lifelong learning program who may not
 5131  be counted as full-time equivalent enrollments for purposes of
 5132  enrollment workload adjustments.
 5133         4. Operating costs of new facilities adjustments, which
 5134  shall be provided, from funds available, for each new facility
 5135  that is owned by the college and is recommended in accordance
 5136  with s. 1013.31.
 5137         5. New and improved program enhancements, which shall be
 5138  determined by the Legislature.
 5139  
 5140  Student fees in the base budget plus student fee revenues
 5141  generated by increases in fee rates shall be deducted from the
 5142  sum of the components determined in subparagraphs 1.-5. The
 5143  amount remaining shall be the net annual state apportionment to
 5144  each college.
 5145         (c) A No Florida College System institution may not shall
 5146  commit funds for the employment of personnel or resources in
 5147  excess of those required to continue the same level of support
 5148  for either the previously approved enrollment or the revised
 5149  enrollment, whichever is lower.
 5150         (d) The apportionment to each Florida College System
 5151  institution district for capital outlay and debt service shall
 5152  be the amount determined in accordance with subsection (2). This
 5153  amount, less any amount determined as necessary for
 5154  administrative expense by the State Board of Education and any
 5155  amount necessary for debt service on bonds issued by the State
 5156  Board of Education, shall be transmitted to the Florida College
 5157  System institution board of trustees to be expended in a manner
 5158  prescribed by rules of the State Board of Education.
 5159         (e) If at any time the unencumbered balance in the general
 5160  fund of the Florida College System institution board of trustees
 5161  approved operating budget goes below 5 percent, the president
 5162  shall provide written notification to the State Board of
 5163  Education.
 5164         (f) Expenditures for apprenticeship programs must shall be
 5165  reported separately.
 5166         (g) Expenditures for upper-division enrollment in a Florida
 5167  College System institution that grants baccalaureate degrees
 5168  must shall be reported separately from expenditures for lower
 5169  division enrollment, in accordance with law and State Board of
 5170  Education rule.
 5171         (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated
 5172  herein to any Florida College System institution must shall be
 5173  expended only for the purpose of supporting that Florida College
 5174  System institution.
 5175         (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida College
 5176  System institution board of trustees shall report, as a separate
 5177  item in its annual cost accounting system, the volume and cost
 5178  of developmental education options provided to help students
 5179  attain the communication and computation skills that are
 5180  essential for college-level work pursuant to s. 1008.30.
 5181         Section 104. Subsections (1), (3), (4), (6), (7), (8),
 5182  (10), and (11) of section 1011.85, Florida Statutes, are amended
 5183  to read:
 5184         1011.85 Dr. Philip Benjamin Matching Grant Program for
 5185  Florida College System Institutions.—
 5186         (1) There is created the Dr. Philip Benjamin Matching Grant
 5187  Program for Florida College System Institutions as a single
 5188  matching gifts program that encompasses the goals originally set
 5189  out in the Academic Improvement Program, the Scholarship
 5190  Matching Program, and the Health Care Education Quality
 5191  Enhancement Challenge Grant. The program shall be administered
 5192  according to rules of the State Board of Colleges Education and
 5193  used to encourage private support in enhancing Florida College
 5194  System institutions by providing the Florida College System with
 5195  the opportunity to receive and match challenge grants. Funds
 5196  received prior to the effective date of this act for each of the
 5197  three programs shall be retained in the separate account for
 5198  which it was designated.
 5199         (3) Upon approval by the Florida College System institution
 5200  board of trustees and the State Board of Colleges Education, the
 5201  ordering of donations for priority listing of unmatched gifts
 5202  should be determined by the submitting Florida College System
 5203  institution.
 5204         (4) Each year, eligible contributions received by a Florida
 5205  College System institution’s foundation or the State Board of
 5206  Colleges Education by February 1 shall be eligible for state
 5207  matching funds.
 5208         (a) Each Florida College System institution board of
 5209  trustees and, when applicable, the Florida College System
 5210  Institution Foundation Board, receiving state appropriations
 5211  under this program shall also certify in an annual report to the
 5212  State Board of Colleges Education the receipt of eligible cash
 5213  contributions that were previously unmatched by the state. The
 5214  State Board of Education shall adopt rules providing all Florida
 5215  College System institutions with an opportunity to apply for
 5216  excess funds before the awarding of such funds.
 5217         (b) Florida College System institutions must submit to the
 5218  State Board of Colleges Education an annual expenditure report
 5219  tracking the use of all matching funds.
 5220         (c) The audit of each foundation receiving state funds from
 5221  this program must include a certification of accuracy in the
 5222  amount reported for matching funds.
 5223         (6) Otherwise, funds must shall be proportionately
 5224  allocated to the Florida College System institutions on the
 5225  basis of matching each $6 of local or private funds with $4 of
 5226  state funds. To be eligible, a minimum of $4,500 must be raised
 5227  from private sources.
 5228         (7) The Florida College System institution board of
 5229  trustees, in conjunction with the donor, shall determine make
 5230  the determination of whether scholarships established pursuant
 5231  to this program are endowed.
 5232         (8)(a) Funds sufficient to provide the match shall be
 5233  transferred from the state appropriations to the local Florida
 5234  College System institution foundation or the statewide Florida
 5235  College System institution foundation upon notification that a
 5236  proportionate amount has been received and deposited by a
 5237  Florida College System institution in its own trust fund.
 5238         (b) If state funds appropriated for the program are
 5239  insufficient to match contributions, the amount allocated must
 5240  shall be reduced in proportion to its share of the total
 5241  eligible contributions. However, in making proportional
 5242  reductions, every Florida College System institution shall
 5243  receive a minimum of $75,000 in state matching funds if its
 5244  eligible contributions would have generated an amount at least
 5245  equal to $75,000. All unmet contributions must shall be eligible
 5246  for state matching funds in subsequent fiscal years.
 5247         (10) The State Board of Colleges Education may receive
 5248  submissions of requests for matching funds and documentation
 5249  relating to those requests, may approve requests for matching
 5250  funds, and may allocate such funds to the Florida College System
 5251  institutions.
 5252         (11) The board of trustees of the Florida College System
 5253  institution and the State Board of Colleges Education are
 5254  responsible for determining the uses for the proceeds of their
 5255  respective trust funds. Such use of the proceeds shall include,
 5256  but not be limited to, expenditure of the funds for:
 5257         (a) Scientific and technical equipment.
 5258         (b) Scholarships, loans, or need-based grants.
 5259         (c) Other activities that will benefit future students as
 5260  well as students currently enrolled at the Florida College
 5261  System institution, will improve the quality of education at the
 5262  Florida College System institution, or will enhance economic
 5263  development in the community.
 5264         Section 105. Subsection (1) of section 1012.01, Florida
 5265  Statutes, is amended to read:
 5266         1012.01 Definitions.—As used in this chapter, the following
 5267  terms have the following meanings:
 5268         (1) SCHOOL OFFICERS.—The officers of the state system of
 5269  public K-12 and Florida College System institution education
 5270  shall be the Commissioner of Education and the members of the
 5271  State Board of Education; for the Florida College System, the
 5272  officers shall be the Chancellor of the Florida College System
 5273  and the members of the State Board of Colleges; for each
 5274  district school system, the officers shall be the district
 5275  school superintendent and members of the district school board;
 5276  and for each Florida College System institution, the officers
 5277  shall be the Florida College System institution president and
 5278  members of the Florida College System institution board of
 5279  trustees.
 5280         Section 106. Paragraph (a) of subsection (1) of section
 5281  1012.80, Florida Statutes, is amended to read:
 5282         1012.80 Participation by employees in disruptive activities
 5283  at public postsecondary educational institutions; penalties.—
 5284         (1)(a) Any person who accepts the privilege extended by the
 5285  laws of this state of employment at any Florida College System
 5286  institution shall, by working at such institution, be deemed to
 5287  have given his or her consent to the policies of that
 5288  institution, the policies of the State Board of Colleges
 5289  Education, and the laws of this state. Such policies shall
 5290  include prohibition against disruptive activities at Florida
 5291  College System institutions.
 5292         Section 107. Subsection (1) of section 1012.81, Florida
 5293  Statutes, is amended to read:
 5294         1012.81 Personnel records.—
 5295         (1) The State Board of Colleges Education shall adopt rules
 5296  prescribing the content and custody of limited-access records
 5297  that a Florida College System institution may maintain on its
 5298  employees. Limited-access employee records are confidential and
 5299  exempt from the provisions of s. 119.07(1). Limited-access
 5300  records include only the following:
 5301         (a) Records containing information reflecting academic
 5302  evaluations of employee performance; however, the employee and
 5303  officials of the institution responsible for supervision of the
 5304  employee shall have access to such records.
 5305         (b) Records maintained for the purposes of any
 5306  investigation of employee misconduct, including, but not limited
 5307  to, a complaint against an employee and all information obtained
 5308  pursuant to the investigation of such complaint; however, these
 5309  records become public after the investigation ceases to be
 5310  active or when the institution provides written notice to the
 5311  employee who is the subject of the complaint that the
 5312  institution has either:
 5313         1. Concluded the investigation with a finding not to
 5314  proceed with disciplinary action;
 5315         2. Concluded the investigation with a finding to proceed
 5316  with disciplinary action; or
 5317         3. Issued a letter of discipline.
 5318  
 5319  For the purpose of this paragraph, an investigation shall be
 5320  considered active as long as it is continuing with a reasonable,
 5321  good faith anticipation that a finding will be made in the
 5322  foreseeable future. An investigation shall be presumed to be
 5323  inactive if no finding is made within 90 days after the
 5324  complaint is filed.
 5325         (c) Records maintained for the purposes of any disciplinary
 5326  proceeding brought against an employee; however, these records
 5327  shall be open to inspection by the employee and shall become
 5328  public after a final decision is made in the proceeding.
 5329         (d) Records maintained for the purposes of any grievance
 5330  proceeding brought by an employee for enforcement of a
 5331  collective bargaining agreement or contract; however, these
 5332  records shall be open to inspection by the employee and by
 5333  officials of the institution conducting the grievance proceeding
 5334  and shall become public after a final decision is made in the
 5335  proceeding.
 5336         Section 108. Subsection (1) of section 1012.83, Florida
 5337  Statutes, is amended to read:
 5338         1012.83 Contracts with administrative and instructional
 5339  staff.—
 5340         (1) Each person employed in an administrative or
 5341  instructional capacity in a Florida College System institution
 5342  shall be entitled to a contract as provided by rules of the
 5343  State Board of Colleges Education.
 5344         Section 109. Paragraph (a) of subsection (1) of section
 5345  1012.855, Florida Statutes, is amended to read:
 5346         1012.855 Employment of Florida College System institution
 5347  personnel; discrimination in granting salary prohibited.—
 5348         (1)(a) Employment of all personnel in each Florida College
 5349  System institution shall be upon recommendation of the
 5350  president, subject to rejection for cause by the Florida College
 5351  System institution board of trustees; to the rules of the State
 5352  Board of Colleges Education relative to certification, tenure,
 5353  leaves of absence of all types, including sabbaticals,
 5354  remuneration, and such other conditions of employment as the
 5355  State Board of Colleges Education deems necessary and proper;
 5356  and to policies of the Florida College System institution board
 5357  of trustees not inconsistent with law.
 5358         Section 110. Subsection (1), paragraph (a) of subsection
 5359  (2), paragraph (b) of subsection (3), and subsections (4), (5),
 5360  and (6) of section 1012.86, Florida Statutes, are amended to
 5361  read:
 5362         1012.86 Florida College System institution employment
 5363  equity accountability program.—
 5364         (1) Each Florida College System institution shall include
 5365  in its annual equity update a plan for increasing the
 5366  representation of women and minorities in senior-level
 5367  administrative positions and in full-time faculty positions, and
 5368  for increasing the representation of women and minorities who
 5369  have attained continuing-contract status. Positions shall be
 5370  defined in the personnel data element directory of the
 5371  Department of Education. The plan must include specific
 5372  measurable goals and objectives, specific strategies and
 5373  timelines for accomplishing these goals and objectives, and
 5374  comparable national standards as provided by the Department of
 5375  Education. The goals and objectives shall be based on meeting or
 5376  exceeding comparable national standards and shall be reviewed
 5377  and recommended by the State Board of Colleges Education as
 5378  appropriate. Such plans shall be maintained until appropriate
 5379  representation has been achieved and maintained for at least 3
 5380  consecutive reporting years.
 5381         (2)(a) On or before May 1 of each year, each Florida
 5382  College System institution president shall submit an annual
 5383  employment accountability plan to the Chancellor of the Florida
 5384  College System and the State Board of Colleges Commissioner of
 5385  Education and the State Board of Education. The accountability
 5386  plan must show faculty and administrator employment data
 5387  according to requirements specified on the federal Equal
 5388  Employment Opportunity (EE0-6) report.
 5389         (3) Florida College System institution presidents and the
 5390  heads of each major administrative division shall be evaluated
 5391  annually on the progress made toward meeting the goals and
 5392  objectives of the Florida College System institution’s
 5393  employment accountability plan.
 5394         (b) Florida College System institution boards of trustees
 5395  shall annually evaluate the performance of the Florida College
 5396  System institution presidents in achieving the annual and long
 5397  term goals and objectives. A summary of the results of such
 5398  evaluations shall be reported to the State Board of Colleges
 5399  Commissioner of Education and the State Board of Education as
 5400  part of the Florida College System institution’s annual
 5401  employment accountability plan, and to the Legislature as part
 5402  of the annual equity progress report submitted by the State
 5403  Board of Colleges Education.
 5404         (4) The State Board of Colleges Education shall submit an
 5405  annual equity progress report to the President of the Senate and
 5406  the Speaker of the House of Representatives on or before January
 5407  1 of each year.
 5408         (5) Each Florida College System institution shall develop a
 5409  budgetary incentive plan to support and ensure attainment of the
 5410  goals developed pursuant to this section. The plan shall
 5411  specify, at a minimum, how resources shall be allocated to
 5412  support the achievement of goals and the implementation of
 5413  strategies in a timely manner. After prior review and approval
 5414  by the Florida College System institution president and the
 5415  Florida College System institution board of trustees, the plan
 5416  shall be submitted as part of the annual employment
 5417  accountability plan submitted by each Florida College System
 5418  institution to the State Board of Colleges Education.
 5419         (6) Subject to available funding, the Legislature shall
 5420  provide an annual appropriation to the State Board of Colleges
 5421  Education to be allocated to Florida College System institution
 5422  presidents, faculty, and administrative personnel to further
 5423  enhance equity initiatives and related priorities that support
 5424  the mission of colleges and departments in recognition of the
 5425  attainment of the equity goals and objectives.
 5426         Section 111. Subsection (3) of section 1013.01, Florida
 5427  Statutes, is amended to read:
 5428         1013.01 Definitions.—The following terms shall be defined
 5429  as follows for the purpose of this chapter:
 5430         (3) “Board,” unless otherwise specified, means a district
 5431  school board, a Florida College System institution board of
 5432  trustees, a university board of trustees, and the Board of
 5433  Trustees for the Florida School for the Deaf and the Blind. The
 5434  term “board” does not include the State Board of Education, or
 5435  the Board of Governors, or the State Board of Colleges.
 5436         Section 112. Subsection (2) of section 1013.02, Florida
 5437  Statutes, is amended to read:
 5438         1013.02 Purpose; rules and regulations.—
 5439         (2)(a) The State Board of Education shall adopt rules
 5440  pursuant to ss. 120.536(1) and 120.54 to implement the
 5441  provisions of this chapter for school districts and Florida
 5442  College System institutions.
 5443         (b) The Board of Governors shall adopt regulations pursuant
 5444  to its regulation development procedure to implement the
 5445  provisions of this chapter for state universities.
 5446         (c)The State Board of Colleges shall adopt rules pursuant
 5447  to ss. 120.536(1) and 120.54 to implement this chapter for
 5448  Florida College System institutions.
 5449         Section 113. Section 1013.03, Florida Statutes, is amended
 5450  to read:
 5451         1013.03 Functions of the department, the State Board of
 5452  Colleges, and the Board of Governors.—The functions of the
 5453  Department of Education as it pertains to educational facilities
 5454  of school districts, of the State Board of Colleges as it
 5455  pertains to educational facilities of and Florida College System
 5456  institutions, and of the Board of Governors as it pertains to
 5457  educational facilities of state universities shall include, but
 5458  not be limited to, the following:
 5459         (1) Establish recommended minimum and maximum square
 5460  footage standards for different functions and areas and
 5461  procedures for determining the gross square footage for each
 5462  educational facility to be funded in whole or in part by the
 5463  state, including public broadcasting stations but excluding
 5464  postsecondary special purpose laboratory space. The gross square
 5465  footage determination standards may be exceeded when the core
 5466  facility space of an educational facility is constructed or
 5467  renovated to accommodate the future addition of classrooms to
 5468  meet projected increases in student enrollment. The department,
 5469  the State Board of Colleges, and the Board of Governors shall
 5470  encourage multiple use of facilities and spaces in educational
 5471  plants.
 5472         (2) Establish, for the purpose of determining need,
 5473  equitably uniform utilization standards for all types of like
 5474  space, regardless of the level of education. These standards
 5475  shall also establish, for postsecondary education classrooms, a
 5476  minimum room utilization rate of 40 hours per week and a minimum
 5477  station utilization rate of 60 percent. These rates shall be
 5478  subject to increase based on national norms for utilization of
 5479  postsecondary education classrooms.
 5480         (3) Require boards to submit other educational plant
 5481  inventories data and statistical data or information relevant to
 5482  construction, capital improvements, and related costs.
 5483         (4) Require each board and other appropriate agencies to
 5484  submit complete and accurate financial data as to the amounts of
 5485  funds from all sources that are available and spent for
 5486  construction and capital improvements. The commissioner shall
 5487  prescribe the format and the date for the submission of this
 5488  data and any other educational facilities data. If any district
 5489  does not submit the required educational facilities fiscal data
 5490  by the prescribed date, the Commissioner of Education shall
 5491  notify the district school board of this fact and, if
 5492  appropriate action is not taken to immediately submit the
 5493  required report, the district school board shall be directed to
 5494  proceed pursuant to s. 1001.42(13)(b). If any Florida College
 5495  System institution or university does not submit the required
 5496  educational facilities fiscal data by the prescribed date, the
 5497  same policy prescribed in this subsection for school districts
 5498  shall be implemented.
 5499         (5) Administer, under the supervision of the Commissioner
 5500  of Education, the Public Education Capital Outlay and Debt
 5501  Service Trust Fund and the School District and Community College
 5502  District Capital Outlay and Debt Service Trust Fund.
 5503         (6) Develop, review, update, revise, and recommend a
 5504  mandatory portion of the Florida Building Code for educational
 5505  facilities construction and capital improvement by Florida
 5506  College System institution boards and district school boards.
 5507         (7) Provide training, technical assistance, and building
 5508  code interpretation for requirements of the mandatory Florida
 5509  Building Code for the educational facilities construction and
 5510  capital improvement programs of the Florida College System
 5511  institution boards and district school boards and, upon request,
 5512  approve phase III construction documents for remodeling,
 5513  renovation, or new construction of educational plants or
 5514  ancillary facilities, except that Florida College System
 5515  institutions and university boards of trustees shall approve
 5516  specifications and construction documents for their respective
 5517  institutions pursuant to guidelines of the Board of Governors or
 5518  State Board of Colleges, as applicable. The Department of
 5519  Management Services may, upon request, provide similar services
 5520  for the Florida School for the Deaf and the Blind and shall use
 5521  the Florida Building Code and the Florida Fire Prevention Code.
 5522         (8) Provide minimum criteria, procedures, and training to
 5523  boards to conduct educational plant surveys and document the
 5524  determination of future needs.
 5525         (9) Make available to boards technical assistance,
 5526  awareness training, and research and technical publications
 5527  relating to lifesafety, casualty, sanitation, environmental,
 5528  maintenance, and custodial issues; and, as needed, technical
 5529  assistance for survey, planning, design, construction,
 5530  operation, and evaluation of educational and ancillary
 5531  facilities and plants, facilities administrative procedures
 5532  review, and training for new administrators.
 5533         (10)(a) Review and validate surveys proposed or amended by
 5534  the boards and recommend to the Commissioner of Education, the
 5535  Chancellor of the Florida College System, or the Chancellor of
 5536  the State University System, as appropriate, for approval,
 5537  surveys that meet the requirements of this chapter.
 5538         1. The term “validate” as applied to surveys by school
 5539  districts means to review inventory data as submitted to the
 5540  department by district school boards; provide for review and
 5541  inspection, where required, of student stations and aggregate
 5542  square feet of inventory changed from satisfactory to
 5543  unsatisfactory or changed from unsatisfactory to satisfactory;
 5544  compare new school inventory to allocation limits provided by
 5545  this chapter; review cost projections for conformity with cost
 5546  limits set by s. 1013.64(6); compare total capital outlay full
 5547  time equivalent enrollment projections in the survey with the
 5548  department’s projections; review facilities lists to verify that
 5549  student station and auxiliary facility space allocations do not
 5550  exceed the limits provided by this chapter and related rules;
 5551  review and confirm the application of uniform facility
 5552  utilization factors, where provided by this chapter or related
 5553  rules; use utilize the documentation of programs offered per
 5554  site, as submitted by the board, to analyze facility needs;
 5555  confirm that need projections for career and adult educational
 5556  programs comply with needs documented by the Department of
 5557  Education; and confirm the assignment of full-time student
 5558  stations to all space except auxiliary facilities, which, for
 5559  purposes of exemption from student station assignment, include
 5560  the following:
 5561         a. Cafeterias.
 5562         b. Multipurpose dining areas.
 5563         c. Media centers.
 5564         d. Auditoriums.
 5565         e. Administration.
 5566         f. Elementary, middle, and high school resource rooms, up
 5567  to the number of such rooms recommended for the applicable
 5568  occupant and space design capacity of the educational plant in
 5569  the State Requirements for Educational Facilities, beyond which
 5570  student stations must be assigned.
 5571         g. Elementary school skills labs, up to the number of such
 5572  rooms recommended for the applicable occupant and space design
 5573  capacity of the educational plant in the State Requirements for
 5574  Educational Facilities, beyond which student stations must be
 5575  assigned.
 5576         h. Elementary school art and music rooms.
 5577  
 5578  The Commissioner of Education may grant a waiver from the
 5579  requirements of this subparagraph if a district school board
 5580  determines that such waiver will make possible a substantial
 5581  savings of funds or will be advantageous to the welfare of the
 5582  educational system. The district school board shall present a
 5583  full statement to the commissioner which sets forth the facts
 5584  that warrant the waiver. If the commissioner denies a request
 5585  for a waiver, the district school board may appeal such decision
 5586  to the State Board of Education.
 5587         2. The term “validate” as applied to surveys by Florida
 5588  College System institutions and universities means to review and
 5589  document the approval of each new site and official designation,
 5590  where applicable; review the inventory database as submitted by
 5591  each board to the department, including noncareer, and total
 5592  capital outlay full-time equivalent enrollment projections per
 5593  site and per college; provide for the review and inspection,
 5594  where required, of student stations and aggregate square feet of
 5595  space changed from satisfactory to unsatisfactory; use utilize
 5596  and review the documentation of programs offered per site
 5597  submitted by the boards as accurate for analysis of space
 5598  requirements and needs; confirm that needs projected for career
 5599  and adult educational programs comply with needs documented by
 5600  the Department of Education; compare new facility inventory to
 5601  allocations limits as provided in this chapter; review cost
 5602  projections for conformity with state averages or limits
 5603  designated by this chapter; compare student enrollment
 5604  projections in the survey to the department’s projections;
 5605  review facilities lists to verify that area allocations and
 5606  space factors for generating space needs do not exceed the
 5607  limits as provided by this chapter and related rules; confirm
 5608  the application of facility utilization factors as provided by
 5609  this chapter and related rules; and review, as submitted,
 5610  documentation of how survey recommendations will implement the
 5611  detail of current campus master plans and integrate with local
 5612  comprehensive plans and development regulations.
 5613         (b) Recommend priority of projects to be funded.
 5614         (11) Prepare the commissioner’s comprehensive fixed capital
 5615  outlay legislative budget request and provide annually an
 5616  estimate of the funds available for developing required 3-year
 5617  priority lists. This amount shall be based upon the average
 5618  percentage for the 5 prior years of funds appropriated by the
 5619  Legislature for fixed capital outlay to each level of public
 5620  education: public schools, Florida College System institutions,
 5621  and universities.
 5622         (12) Perform any other functions that may be involved in
 5623  educational facilities construction and capital improvement
 5624  which shall ensure that the intent of the Legislature is
 5625  implemented.
 5626         Section 114. Section 1013.28, Florida Statutes, is amended
 5627  to read:
 5628         1013.28 Disposal of property.—
 5629         (1) REAL PROPERTY.—
 5630         (a) Subject to rules of the State Board of Education, a
 5631  district school board or, the Board of Trustees for the Florida
 5632  School for the Deaf and the Blind, or a Florida College System
 5633  institution board of trustees may dispose of any land or real
 5634  property to which the board holds title which is, by resolution
 5635  of the board, determined to be unnecessary for educational
 5636  purposes as recommended in an educational plant survey. A
 5637  district school board or, the Board of Trustees for the Florida
 5638  School for the Deaf and the Blind, or a Florida College System
 5639  institution board of trustees shall take diligent measures to
 5640  dispose of educational property only in the best interests of
 5641  the public. However, appraisals may be obtained by the district
 5642  school board or, the Board of Trustees for the Florida School
 5643  for the Deaf and the Blind before, or the Florida College System
 5644  institution board of trustees prior to or simultaneously with
 5645  the receipt of bids.
 5646         (b) Subject to regulations of the Board of Governors, a
 5647  state university board of trustees may dispose of any land or
 5648  real property to which it holds valid title which is, by
 5649  resolution of the state university board of trustees, determined
 5650  to be unnecessary for educational purposes as recommended in an
 5651  educational plant survey. A state university board of trustees
 5652  shall take diligent measures to dispose of educational property
 5653  only in the best interests of the public. However, appraisals
 5654  may be obtained by the state university board of trustees prior
 5655  to or simultaneously with the receipt of bids.
 5656         (c)Subject to rules of the State Board of Colleges, a
 5657  Florida College System institution board of trustees may dispose
 5658  of any land or real property to which it holds valid title which
 5659  is, by resolution of the Florida College System institution
 5660  board of trustees, determined to be unnecessary for educational
 5661  purposes as recommended in an educational plant survey. A
 5662  Florida College System institution board of trustees shall take
 5663  diligent measures to dispose of educational property only in the
 5664  best interests of the public. However, appraisals may be
 5665  obtained by the Florida College System institution board of
 5666  trustees prior to or simultaneously with the receipt of bids.
 5667         (2) TANGIBLE PERSONAL PROPERTY.—
 5668         (a) Tangible personal property that has been properly
 5669  classified as surplus by a district school board or Florida
 5670  College System institution board of trustees shall be disposed
 5671  of in accordance with the procedure established by chapter 274.
 5672  However, the provisions of chapter 274 shall not be applicable
 5673  to a motor vehicle used in driver education to which title is
 5674  obtained for a token amount from an automobile dealer or
 5675  manufacturer. In such cases, the disposal of the vehicle shall
 5676  be as prescribed in the contractual agreement between the
 5677  automotive agency or manufacturer and the board.
 5678         (b) Tangible personal property that has been properly
 5679  classified as surplus by a state university board of trustees
 5680  shall be disposed of in accordance with the procedure
 5681  established by chapter 273.
 5682         (c)Tangible personal property that has been properly
 5683  classified as surplus by a Florida College System institution
 5684  board of trustees shall be disposed of in accordance with the
 5685  procedure established by chapter 274.
 5686         Section 115. Subsection (1) of section 1013.31, Florida
 5687  Statutes, is amended to read:
 5688         1013.31 Educational plant survey; localized need
 5689  assessment; PECO project funding.—
 5690         (1) At least every 5 years, each board shall arrange for an
 5691  educational plant survey, to aid in formulating plans for
 5692  housing the educational program and student population, faculty,
 5693  administrators, staff, and auxiliary and ancillary services of
 5694  the district or campus, including consideration of the local
 5695  comprehensive plan. The Department of Education, for school
 5696  districts, and the State Board of Colleges, for the Florida
 5697  College System, shall document the need for additional career
 5698  and adult education programs and the continuation of existing
 5699  programs before facility construction or renovation related to
 5700  career or adult education may be included in the educational
 5701  plant survey of a school district or Florida College System
 5702  institution that delivers career or adult education programs.
 5703  Information used by the Department of Education or State Board
 5704  of Colleges to establish facility needs must include, but need
 5705  not be limited to, labor market data, needs analysis, and
 5706  information submitted by the school district or Florida College
 5707  System institution.
 5708         (a) Survey preparation and required data.—Each survey shall
 5709  be conducted by the board or an agency employed by the board.
 5710  Surveys shall be reviewed and approved by the board, and a file
 5711  copy shall be submitted to the Department of Education, the
 5712  Chancellor of the Florida College System, or the Chancellor of
 5713  the State University System, as appropriate. The survey report
 5714  shall include at least an inventory of existing educational and
 5715  ancillary plants, including safe access facilities;
 5716  recommendations for existing educational and ancillary plants;
 5717  recommendations for new educational or ancillary plants,
 5718  including the general location of each in coordination with the
 5719  land use plan and safe access facilities; campus master plan
 5720  update and detail for Florida College System institutions; the
 5721  use utilization of school plants based on an extended school day
 5722  or year-round operation; and such other information as may be
 5723  required by the Department of Education. This report may be
 5724  amended, if conditions warrant, at the request of the department
 5725  or commissioner.
 5726         (b) Required need assessment criteria for district, Florida
 5727  College System institution, state university, and Florida School
 5728  for the Deaf and the Blind plant surveys.—Educational plant
 5729  surveys must use uniform data sources and criteria specified in
 5730  this paragraph. Each revised educational plant survey and each
 5731  new educational plant survey supersedes previous surveys.
 5732         1. The school district’s survey must be submitted as a part
 5733  of the district educational facilities plan defined in s.
 5734  1013.35. To ensure that the data reported to the Department of
 5735  Education as required by this section is correct, the department
 5736  shall annually conduct an onsite review of 5 percent of the
 5737  facilities reported for each school district completing a new
 5738  survey that year. If the department’s review finds the data
 5739  reported by a district is less than 95 percent accurate, within
 5740  1 year from the time of notification by the department the
 5741  district must submit revised reports correcting its data. If a
 5742  district fails to correct its reports, the commissioner may
 5743  direct that future fixed capital outlay funds be withheld until
 5744  such time as the district has corrected its reports so that they
 5745  are not less than 95 percent accurate.
 5746         2. Each survey of a special facility, joint-use facility,
 5747  or cooperative career education facility must be based on
 5748  capital outlay full-time equivalent student enrollment data
 5749  prepared by the department for school districts and Florida
 5750  College System institutions and by the Chancellor of the State
 5751  University System for universities. A survey of space needs of a
 5752  joint-use facility shall be based upon the respective space
 5753  needs of the school districts, Florida College System
 5754  institutions, and universities, as appropriate. Projections of a
 5755  school district’s facility space needs may not exceed the norm
 5756  space and occupant design criteria established by the State
 5757  Requirements for Educational Facilities.
 5758         3. Each Florida College System institution’s survey must
 5759  reflect the capacity of existing facilities as specified in the
 5760  inventory maintained and validated by the Chancellor of the
 5761  Florida College System by the Department of Education.
 5762  Projections of facility space needs must comply with standards
 5763  for determining space needs as specified by rule of the State
 5764  Board of Colleges Education. The 5-year projection of capital
 5765  outlay student enrollment must be consistent with the annual
 5766  report of capital outlay full-time student enrollment prepared
 5767  by the Department of Education.
 5768         4. Each state university’s survey must reflect the capacity
 5769  of existing facilities as specified in the inventory maintained
 5770  and validated by the Chancellor of the State University System.
 5771  Projections of facility space needs must be consistent with
 5772  standards for determining space needs as specified by regulation
 5773  of the Board of Governors. The projected capital outlay full
 5774  time equivalent student enrollment must be consistent with the
 5775  5-year planned enrollment cycle for the State University System
 5776  approved by the Board of Governors.
 5777         5. The district educational facilities plan of a school
 5778  district and the educational plant survey of a Florida College
 5779  System institution, state university, or the Florida School for
 5780  the Deaf and the Blind may include space needs that deviate from
 5781  approved standards for determining space needs if the deviation
 5782  is justified by the district or institution and approved by the
 5783  department, the State Board of Colleges, or the Board of
 5784  Governors, as appropriate, as necessary for the delivery of an
 5785  approved educational program.
 5786         (c) Review and validation.—The Department of Education
 5787  shall review and validate the surveys of school districts, the
 5788  Chancellor of the Florida College System shall review and
 5789  validate the surveys of and Florida College System institutions,
 5790  and the Chancellor of the State University System shall review
 5791  and validate the surveys of universities, and any amendments
 5792  thereto for compliance with the requirements of this chapter and
 5793  shall recommend those in compliance for approval by the State
 5794  Board of Education, the State Board of Colleges, or the Board of
 5795  Governors, as appropriate. Annually, the department shall
 5796  perform an in-depth analysis of a representative sample of each
 5797  survey of recommended needs for five districts selected by the
 5798  commissioner from among districts with the largest need-to
 5799  revenue ratio. For the purpose of this subsection, the need-to
 5800  revenue ratio is determined by dividing the total 5-year cost of
 5801  projects listed on the district survey by the total 5-year fixed
 5802  capital outlay revenue projections from state and local sources
 5803  as determined by the department. The commissioner may direct
 5804  fixed capital outlay funds to be withheld from districts until
 5805  such time as the survey accurately projects facilities needs.
 5806         (d) Periodic update of Florida Inventory of School Houses.
 5807  School districts shall periodically update their inventory of
 5808  educational facilities as new capacity becomes available and as
 5809  unsatisfactory space is eliminated. The State Board of Education
 5810  shall adopt rules to determine the timeframe in which districts
 5811  must provide a periodic update.
 5812         Section 116. Subsection (3) of section 1013.36, Florida
 5813  Statutes, is amended to read:
 5814         1013.36 Site planning and selection.—
 5815         (3) Sites recommended for purchase or purchased must meet
 5816  standards prescribed in law and such supplementary standards as
 5817  the State Board of Education or State Board of Colleges, as
 5818  appropriate, prescribes to promote the educational interests of
 5819  the students. Each site must be well drained and suitable for
 5820  outdoor educational purposes as appropriate for the educational
 5821  program or collocated with facilities to serve this purpose. As
 5822  provided in s. 333.03, the site must not be located within any
 5823  path of flight approach of any airport. Insofar as is
 5824  practicable, the site must not adjoin a right-of-way of any
 5825  railroad or through highway and must not be adjacent to any
 5826  factory or other property from which noise, odors, or other
 5827  disturbances, or at which conditions, would be likely to
 5828  interfere with the educational program. To the extent
 5829  practicable, sites must be chosen which will provide safe access
 5830  from neighborhoods to schools.
 5831         Section 117. Subsections (3) and (4) of section 1013.37,
 5832  Florida Statutes, are amended to read:
 5833         1013.37 State uniform building code for public educational
 5834  facilities construction.—
 5835         (3) REVIEW PROCEDURE.—The Commissioner of Education and the
 5836  Chancellor of the Florida College System, as appropriate, shall
 5837  cooperate with the Florida Building Commission in addressing all
 5838  questions, disputes, or interpretations involving the provisions
 5839  of the Florida Building Code which govern the construction of
 5840  public educational and ancillary facilities, and any objections
 5841  to decisions made by the inspectors or the department must be
 5842  submitted in writing.
 5843         (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The
 5844  department, for school districts, and the State Board of
 5845  Colleges, for Florida College System institutions, shall
 5846  biennially review and recommend to the Florida Building
 5847  Commission updates and revisions to the provisions of the
 5848  Florida Building Code which govern the construction of public
 5849  educational and ancillary facilities. The department, for school
 5850  districts, and the State Board of Colleges, for Florida College
 5851  System institutions, shall publish and make available to each
 5852  board at no cost copies of the State Requirements for
 5853  Educational Facilities and each amendment and revision thereto.
 5854  The department and state board shall make additional copies
 5855  available to all interested persons at a price sufficient to
 5856  recover costs.
 5857         Section 118. Subsections (1), (2), and (3) of section
 5858  1013.40, Florida Statutes, are amended to read:
 5859         1013.40 Planning and construction of Florida College System
 5860  institution facilities; property acquisition.—
 5861         (1) The need for Florida College System institution
 5862  facilities shall be established by a survey conducted pursuant
 5863  to this chapter. The facilities recommended by such survey must
 5864  be approved by the State Board of Colleges Education, and the
 5865  projects must be constructed according to the provisions of this
 5866  chapter and State Board of Colleges Education rules.
 5867         (2) A No Florida College System institution may not expend
 5868  public funds for the acquisition of additional property without
 5869  the specific approval of the Legislature.
 5870         (3) A No facility may not be acquired or constructed by a
 5871  Florida College System institution or its direct-support
 5872  organization if such facility requires general revenue funds for
 5873  operation or maintenance upon project completion or in
 5874  subsequent years of operation, unless prior approval is received
 5875  from the Legislature.
 5876         Section 119. Section 1013.47, Florida Statutes, is amended
 5877  to read:
 5878         1013.47 Substance of contract; contractors to give bond;
 5879  penalties.—Each board shall develop contracts consistent with
 5880  this chapter and statutes governing public facilities. Such a
 5881  contract must contain the drawings and specifications of the
 5882  work to be done and the material to be furnished, the time limit
 5883  in which the construction is to be completed, the time and
 5884  method by which payments are to be made upon the contract, and
 5885  the penalty to be paid by the contractor for a failure to comply
 5886  with the terms of the contract. The board may require the
 5887  contractor to pay a penalty for any failure to comply with the
 5888  terms of the contract and may provide an incentive for early
 5889  completion. Upon accepting a satisfactory bid, the board shall
 5890  enter into a contract with the party or parties whose bid has
 5891  been accepted. The contractor shall furnish the board with a
 5892  performance and payment bond as set forth in s. 255.05. A board
 5893  or other public entity may not require a contractor to secure a
 5894  surety bond under s. 255.05 from a specific agent or bonding
 5895  company. A person, firm, or corporation that constructs any part
 5896  of any educational plant, or addition thereto, on the basis of
 5897  any unapproved plans or in violation of any plans approved in
 5898  accordance with the provisions of this chapter and rules of the
 5899  State Board of Education or State Board of Colleges or
 5900  regulations of the Board of Governors relating to building
 5901  standards or specifications is subject to forfeiture of the
 5902  surety bond and unpaid compensation in an amount sufficient to
 5903  reimburse the board for any costs that will need to be incurred
 5904  in making any changes necessary to assure that all requirements
 5905  are met and is also guilty of a misdemeanor of the second
 5906  degree, punishable as provided in s. 775.082 or s. 775.083, for
 5907  each separate violation.
 5908         Section 120. Section 1013.52, Florida Statutes, is amended
 5909  to read:
 5910         1013.52 Cooperative development and joint use of facilities
 5911  by two or more boards.—
 5912         (1) Two or more boards, including district school boards,
 5913  Florida College System institution boards of trustees, the Board
 5914  of Trustees for the Florida School for the Deaf and the Blind,
 5915  and university boards of trustees, desiring to cooperatively
 5916  establish a common educational facility to accommodate students
 5917  shall:
 5918         (a) Jointly request a formal assessment by the Commissioner
 5919  of Education, or the Chancellor of the State University System,
 5920  or the Chancellor of the State Board of Colleges, as
 5921  appropriate, of the academic program need and the need to build
 5922  new joint-use facilities to house approved programs. Completion
 5923  of the assessment and approval of the project by the State Board
 5924  of Education, the State Board of Colleges, the Chancellor of the
 5925  Florida College System, the Board of Governors, the Chancellor
 5926  of the State University System, or the Commissioner of
 5927  Education, as appropriate, should be done prior to conducting an
 5928  educational facilities survey.
 5929         (b) Demonstrate the need for construction of new joint-use
 5930  facilities involving postsecondary institutions by those
 5931  institutions presenting evidence of the presence of sufficient
 5932  actual full-time equivalent enrollments in the locale in leased,
 5933  rented, or borrowed spaces to justify the requested facility for
 5934  the programs identified in the formal assessment rather than
 5935  using projected or anticipated future full-time equivalent
 5936  enrollments as justification. If the decision is made to
 5937  construct new facilities to meet this demonstrated need, then
 5938  building plans should consider full-time equivalent enrollment
 5939  growth facilitated by this new construction and subsequent new
 5940  program offerings made possible by the existence of the new
 5941  facilities.
 5942         (c) Adopt and submit to the Commissioner of Education, the
 5943  Chancellor of the Florida College System, or and the Chancellor
 5944  of the State University System, as appropriate, if the joint
 5945  request involves a state university, a joint resolution of the
 5946  participating boards indicating their commitment to the
 5947  utilization of the requested facility and designating the locale
 5948  of the proposed facility. The joint resolution shall contain a
 5949  statement of determination by the participating boards that
 5950  alternate options, including the use of leased, rented, or
 5951  borrowed space, were considered and found less appropriate than
 5952  construction of the proposed facility. The joint resolution
 5953  shall contain assurance that the development of the proposed
 5954  facility has been examined in conjunction with the programs
 5955  offered by neighboring public educational facilities offering
 5956  instruction at the same level. The joint resolution also shall
 5957  contain assurance that each participating board shall provide
 5958  for continuity of educational progression. All joint resolutions
 5959  shall be submitted by August 1 for consideration of funding by
 5960  the subsequent Legislature.
 5961         (d) Submit requests for funding of joint-use facilities
 5962  projects involving state universities and Florida College System
 5963  institutions for approval by the Chancellor of the Florida
 5964  College System Commissioner of Education and the Chancellor of
 5965  the State University System. The Chancellor of the Florida
 5966  College System Commissioner of Education and the Chancellor of
 5967  the State University System shall jointly determine the priority
 5968  for funding these projects in relation to the priority of all
 5969  other capital outlay projects under their consideration. To be
 5970  eligible for funding from the Public Education Capital Outlay
 5971  and Debt Service Trust Fund under the provisions of this
 5972  section, projects involving both state universities and Florida
 5973  College System institutions shall appear on the 3-year capital
 5974  outlay priority lists of Florida College System institutions and
 5975  of universities required by s. 1013.64. Projects involving a
 5976  state university, a Florida College System institution, and a
 5977  public school, and in which the larger share of the proposed
 5978  facility is for the use of the state university or the Florida
 5979  College System institution, shall appear on the 3-year capital
 5980  outlay priority lists of the Florida College System institutions
 5981  or of the universities, as applicable.
 5982         (e) Include in their joint resolution for the joint-use
 5983  facilities, comprehensive plans for the operation and management
 5984  of the facility upon completion. Institutional responsibilities
 5985  for specific functions shall be identified, including
 5986  designation of one participating board as sole owner of the
 5987  facility. Operational funding arrangements shall be clearly
 5988  defined.
 5989         (2) An educational plant survey must be conducted within 90
 5990  days after submission of the joint resolution and substantiating
 5991  data describing the benefits to be obtained, the programs to be
 5992  offered, and the estimated cost of the proposed project. Upon
 5993  completion of the educational plant survey, the participating
 5994  boards may include the recommended projects in their plan as
 5995  provided in s. 1013.31. Upon approval of the project by the
 5996  commissioner, the Chancellor of the Florida College System, or
 5997  the Chancellor of the State University System, as appropriate,
 5998  25 percent of the total cost of the project, or the pro rata
 5999  share based on space utilization of 25 percent of the cost, must
 6000  be included in the department’s legislative capital outlay
 6001  budget request as provided in s. 1013.60 for educational plants.
 6002  The participating boards must include in their joint resolution
 6003  a commitment to finance the remaining funds necessary to
 6004  complete the planning, construction, and equipping of the
 6005  facility. Funds from the Public Education Capital Outlay and
 6006  Debt Service Trust Fund may not be expended on any project
 6007  unless specifically authorized by the Legislature.
 6008         (3) Included in all proposals for joint-use facilities must
 6009  be documentation that the proposed new campus or new joint-use
 6010  facility has been reviewed by the State Board of Education, the
 6011  State Board of Colleges, or the Board of Governors, as
 6012  appropriate, and has been formally requested for authorization
 6013  by the Legislature.
 6014         (4) A No district school board, Florida College System
 6015  institution, or state university may not shall receive funding
 6016  for more than one approved joint-use facility per campus in any
 6017  3-year period.
 6018         Section 121. Subsection (1) of section 1013.65, Florida
 6019  Statutes, is amended to read:
 6020         1013.65 Educational and ancillary plant construction funds;
 6021  Public Education Capital Outlay and Debt Service Trust Fund;
 6022  allocation of funds.—
 6023         (1) The commissioner, through the department, shall
 6024  administer the Public Education Capital Outlay and Debt Service
 6025  Trust Fund. The commissioner shall allocate or reallocate funds
 6026  as authorized by the Legislature. Copies of each allocation or
 6027  reallocation shall be provided to members of the State Board of
 6028  Education, the State Board of Colleges, and the Board of
 6029  Governors and to the chairs of the House of Representatives and
 6030  Senate appropriations committees. The commissioner shall provide
 6031  for timely encumbrances of funds for duly authorized projects.
 6032  Encumbrances may include proceeds to be received under a
 6033  resolution approved by the State Board of Education authorizing
 6034  the issuance of public education capital outlay bonds pursuant
 6035  to s. 9(a)(2), Art. XII of the State Constitution, s. 215.61,
 6036  and other applicable law. The commissioner shall provide for the
 6037  timely disbursement of moneys necessary to meet the encumbrance
 6038  authorizations of the boards. Records shall be maintained by the
 6039  department to identify legislative appropriations, allocations,
 6040  encumbrance authorizations, disbursements, transfers,
 6041  investments, sinking funds, and revenue receipts by source. The
 6042  Department of Education shall pay the administrative costs of
 6043  the Public Education Capital Outlay and Debt Service Trust Fund
 6044  from the funds which comprise the trust fund.
 6045         Section 122. Except as otherwise expressly provided in this
 6046  act and except for this section, which shall take effect upon
 6047  becoming a law, this act shall take effect October 1, 2018.
 6048  
 6049  ================= T I T L E  A M E N D M E N T ================
 6050  And the title is amended as follows:
 6051         Delete everything before the enacting clause
 6052  and insert:
 6053                        A bill to be entitled                      
 6054         An act relating to postsecondary education; providing
 6055         a short title; creating s. 1001.6001, F.S.; creating
 6056         the State Board of Colleges; requiring the Governor to
 6057         appoint the membership of the state board; providing
 6058         that the appointments are subject to confirmation by
 6059         the Senate; requiring the Division of Florida Colleges
 6060         to provide administrative support to the state board
 6061         until a specified date; transferring the Florida
 6062         College System and the Division of Florida Colleges to
 6063         the state board on a specified date; requiring the
 6064         state board to appoint a Chancellor of the Florida
 6065         College System by a specified date; amending s. 20.15,
 6066         F.S.; removing the Division of Florida Colleges from
 6067         within the Department of Education; requiring the
 6068         department to provide support to the State Board of
 6069         Colleges; creating s. 20.156, F.S.; creating the State
 6070         Board of Colleges; assigning the state board to, and
 6071         administratively housing the state board within, the
 6072         department; providing the personnel for and powers and
 6073         duties of the state board; requiring the state board
 6074         to conduct an organizational meeting by a specified
 6075         date; amending s. 112.313, F.S.; prohibiting citizen
 6076         members of the State Board of Colleges or Florida
 6077         College System institution boards of trustees from
 6078         having an employment or contractual relationship as
 6079         specified lobbyists; amending s. 112.3145, F.S.;
 6080         revising the term “state officer” to include certain
 6081         Florida College System personnel; amending s. 1000.03,
 6082         F.S.; revising the function and mission of the Florida
 6083         K-20 education system; requiring the State Board of
 6084         Colleges to oversee enforcement of Florida College
 6085         System laws and rules; amending s. 1000.05, F.S.;
 6086         requiring the Chancellor of the Florida College
 6087         System, instead of the Commissioner of Education, to
 6088         make certain determinations regarding equal
 6089         opportunities at Florida College System institutions;
 6090         requiring the State Board of Colleges to adopt rules;
 6091         amending s. 1001.02, F.S.; revising the general powers
 6092         of the State Board of Education to exempt the Florida
 6093         College System from certain provisions; deleting
 6094         duties of the State Board of Education regarding the
 6095         Florida College System; amending s. 1001.03, F.S.;
 6096         revising certain articulation accountability and
 6097         enforcement measures; requiring the State Board of
 6098         Education to collect information in conjunction with
 6099         the Board of Governors and the State Board of
 6100         Colleges; deleting duties of the State Board of
 6101         Education regarding the Florida College System;
 6102         amending ss. 1001.10 and 1001.11, F.S.; revising the
 6103         general powers and duties of the Commissioner of
 6104         Education to exempt the Florida College System from
 6105         certain powers and duties; amending s. 1001.20, F.S.;
 6106         revising duties of the Office of Inspector General
 6107         within the department regarding the Florida College
 6108         System; amending s. 1001.28, F.S.; providing that the
 6109         powers and duties of the State Board of Colleges are
 6110         not abrogated, superseded, altered, or amended by
 6111         certain provisions relating to the department’s duties
 6112         for distance learning; amending s. 1001.42, F.S.;
 6113         prohibiting a technical center governing board from
 6114         approving certain courses and programs; amending s.
 6115         1001.44, F.S.; providing the primary mission of a
 6116         career center operated by a district school board;
 6117         prohibiting specified career centers from offering
 6118         certain courses and programs; amending s. 1001.60,
 6119         F.S.; conforming provisions to changes made by the
 6120         act; creating s. 1001.601, F.S.; establishing the
 6121         State Board of Colleges; providing the membership of
 6122         the board; creating s. 1001.602, F.S.; providing the
 6123         responsibilities and duties of the State Board of
 6124         Colleges; requiring the state board to coordinate with
 6125         the State Board of Education; requiring the state
 6126         board, in collaboration with the State Board of
 6127         Education, to adopt specified definitions by rule;
 6128         amending ss. 1001.61, 1001.64, and 1001.65, F.S.;
 6129         conforming provisions to changes made by the act;
 6130         amending s. 1001.66, F.S.; revising requirements for
 6131         the performance-based metrics used to award Florida
 6132         College System institutions with performance-based
 6133         incentives; amending s. 1001.67, F.S.; revising the
 6134         Distinguished Florida College System Institution
 6135         Program excellence standards requirements; amending s.
 6136         1001.706, F.S.; revising cooperation duties of the
 6137         Board of Governors to include requirements for working
 6138         with the State Board of Colleges; amending s. 1002.34,
 6139         F.S.; providing the primary mission of a charter
 6140         technical career center; prohibiting specified charter
 6141         technical career centers from offering certain courses
 6142         and programs; providing for rulemaking; amending s.
 6143         1003.491, F.S.; revising the Florida Career and
 6144         Professional Education Act to require the State Board
 6145         of Colleges to recommend, jointly with the Board of
 6146         Governors and the Commissioner of Education, certain
 6147         deadlines for new core courses; amending s. 1003.493,
 6148         F.S.; revising department duties regarding
 6149         articulation and the transfer of credits to
 6150         postsecondary institutions to include consultation
 6151         with the State Board of Colleges; amending s.
 6152         1004.015, F.S.; providing that the Higher Education
 6153         Coordinating Council serves as an advisory board to,
 6154         in addition to other bodies, the State Board of
 6155         Colleges; revising council reporting requirements to
 6156         include a report to the state board; requiring the
 6157         state board to collaborate with the Office of K-20
 6158         Articulation to provide administrative support for the
 6159         council; amending ss. 1004.02 and 1004.03, F.S.;
 6160         conforming provisions to changes made by the act;
 6161         amending s. 1004.04, F.S.; revising department
 6162         reporting requirements regarding teacher preparation
 6163         programs to require a report to the State Board of
 6164         Colleges; amending s. 1004.07, F.S.; providing that
 6165         the State Board of Colleges, instead of the State
 6166         Board of Education, provide guidelines for Florida
 6167         College System institution boards of trustees’
 6168         policies; amending ss. 1004.084, 1004.085, 1004.096,
 6169         1004.0961, 1004.35, and 1004.6495, F.S.; conforming
 6170         provisions to changes made by the act; amending s.
 6171         1004.65, F.S.; revising Florida College System
 6172         institution governance, mission, and responsibilities,
 6173         to provide authority and duties to the State Board of
 6174         Colleges, instead of the State Board of Education;
 6175         providing that offering upper-level instruction and
 6176         awarding baccalaureate degrees are a secondary and not
 6177         a primary role of a Florida College System
 6178         institution; amending s. 1004.67, F.S.; conforming
 6179         provisions to changes made by the act; amending s.
 6180         1004.70, F.S.; revising requirements for appointments
 6181         to the board of directors; prohibiting a Florida
 6182         College System institution board of trustees from
 6183         authorizing a Florida College System institution
 6184         direct-support organization to use personal services
 6185         and state funds for travel expenses after a specified
 6186         date; deleting an exception to the prohibition on
 6187         gifts to a political committee from a Florida College
 6188         System institution direct-support organization;
 6189         conforming provisions to changes made by the act;
 6190         amending s. 1004.71, F.S.; conforming provisions to
 6191         changes made by the act; amending s. 1004.74, F.S.;
 6192         requiring the Chancellor of the Florida College
 6193         System, jointly with the Commissioner of Education, to
 6194         appoint members of the Council for the Florida School
 6195         for the Arts; amending ss. 1004.78 and 1004.80, F.S.;
 6196         conforming provisions to changes made by the act;
 6197         amending s. 1004.91, F.S.; requiring the State Board
 6198         of Colleges to collaborate with the State Board of
 6199         Education to provide certain rules for Florida College
 6200         System institutions regarding requirements for career
 6201         education program basic skills; amending s. 1004.92,
 6202         F.S.; providing accountability for career education
 6203         for the State Board of Colleges; revising the
 6204         department’s accountability for career education;
 6205         requiring the department and the State Board of
 6206         Colleges to collaborate to develop certain standards
 6207         and benchmarks; requiring the State Board of Education
 6208         and the State Board of Colleges to collaborate to
 6209         adopt rules; amending s. 1004.925, F.S.; revising
 6210         industry certification requirements for automotive
 6211         service technology education programs to include rules
 6212         adopted by the State Board of Colleges; amending s.
 6213         1004.93, F.S.; conforming provisions to changes made
 6214         by the act; amending s. 1006.60, F.S.; authorizing
 6215         sanctions for violations of certain rules of the State
 6216         Board of Colleges, instead of for violations of
 6217         certain rules of the State Board of Education;
 6218         amending ss. 1006.61, 1006.62, and 1006.71, F.S.;
 6219         conforming provisions to changes made by the act;
 6220         amending s. 1007.01, F.S.; revising the role of the
 6221         State Board of Education and the Board of Governors in
 6222         the statewide articulation system to include the State
 6223         Board of Colleges and the Chancellor of the Florida
 6224         College System; amending s. 1007.23, F.S.; requiring
 6225         each Florida College System institution and each state
 6226         university to execute at least one “2+2” targeted
 6227         pathway articulation agreement by a specified time;
 6228         providing requirements and student eligibility for the
 6229         agreements; requiring the State Board of Colleges and
 6230         the Board of Governors to collaborate to eliminate
 6231         barriers in executing the agreements; amending s.
 6232         1007.24, F.S.; revising the statewide course numbering
 6233         system to include participation by and input from the
 6234         State Board of Colleges and the Chancellor of the
 6235         Florida College System; amending ss. 1007.25,
 6236         1007.262, 1007.263, 1007.264, and 1007.265, F.S.;
 6237         conforming provisions to changes made by the act;
 6238         amending s. 1007.27, F.S.; requiring school districts
 6239         to notify students about certain lists and
 6240         equivalencies; amending s. 1007.271, F.S.; requiring
 6241         the State Board of Education to collaborate with the
 6242         State Board of Colleges regarding certain articulation
 6243         agreements; amending s. 1007.273, F.S.; requiring the
 6244         State Board of Colleges to enforce compliance with
 6245         certain provisions relating to the collegiate high
 6246         school program by a specified date each year; amending
 6247         s. 1007.33, F.S.; prohibiting Florida College System
 6248         institutions from offering bachelor of arts degree
 6249         programs; deleting provisions relating to an
 6250         authorization for the Board of Trustees of St.
 6251         Petersburg College to establish certain baccalaureate
 6252         degree programs; revising the approval process for
 6253         baccalaureate degree programs proposed by Florida
 6254         College System institutions; requiring a Florida
 6255         College System institution to annually report certain
 6256         information to the State Board of Colleges, the
 6257         Chancellor of the State University System, and the
 6258         Legislature; revising the circumstances under which a
 6259         baccalaureate degree program may be required to be
 6260         modified or terminated; requiring that a baccalaureate
 6261         degree program be terminated under certain
 6262         circumstances; restricting total upper-level,
 6263         undergraduate full-time equivalent enrollment at
 6264         Florida College System institutions and within the
 6265         Florida College System; amending s. 1008.30, F.S.;
 6266         requiring the State Board of Colleges, rather than the
 6267         State Board of Education, to develop and implement a
 6268         specified common placement test and approve a
 6269         specified series of meta-majors and academic pathways
 6270         with the Board of Governors; providing that certain
 6271         state universities may continue to provide
 6272         developmental education instruction; establishing the
 6273         Supporting Students for Academic Success Program;
 6274         providing the purpose, requirements, funding, and
 6275         reporting requirements of the program; amending s.
 6276         1008.31, F.S.; revising the legislative intent of
 6277         Florida’s K-20 education performance and
 6278         accountability system to include recommendations from
 6279         and reports to the State Board of Colleges; amending
 6280         s. 1008.32, F.S.; removing the oversight enforcement
 6281         authority of the State Board of Education relating to
 6282         the Florida College System; amending s. 1008.345,
 6283         F.S.; revising department responsibilities associated
 6284         with the system of educational accountability to
 6285         include duties for the State Board of Colleges;
 6286         amending s. 1008.37, F.S.; revising certain student
 6287         reporting requirements of the Commissioner of
 6288         Education to also require a report to the State Board
 6289         of Colleges; amending s. 1008.38, F.S.; revising the
 6290         articulation accountability process to include
 6291         participation by the State Board of Colleges; amending
 6292         s. 1008.405, F.S.; requiring the State Board of
 6293         Colleges to adopt rules for the maintenance of
 6294         specific information by Florida College System
 6295         institutions; amending ss. 1008.44, 1008.45, 1009.21,
 6296         1009.22, 1009.23, and 1009.25, F.S.; conforming
 6297         provisions to changes made by the act; amending s.
 6298         1009.26, F.S.; requiring that certain information
 6299         regarding fee waivers be reported to the State Board
 6300         of Colleges; requiring the State Board of Colleges to
 6301         adopt rules; amending s. 1009.28, F.S.; conforming
 6302         provisions to changes made by the act; amending ss.
 6303         1009.90 and 1009.91, F.S.; revising the duties of the
 6304         department to include reports to the State Board of
 6305         Colleges; amending s. 1009.971, F.S.; conforming
 6306         provisions to changes made by the act; amending s.
 6307         1010.01, F.S.; requiring the financial records and
 6308         accounts of Florida College System institutions to
 6309         follow rules of the State Board of Colleges, instead
 6310         of the State Board of Education; requiring each
 6311         Florida College System institution to annually file
 6312         specified financial statements with the State Board of
 6313         Colleges; amending ss. 1010.02 and 1010.04, F.S.;
 6314         requiring the funds accruing to and purchases and
 6315         leases by Florida College System institutions to
 6316         follow rules of the State Board of Colleges, instead
 6317         of the State Board of Education; amending s. 1010.07,
 6318         F.S.; requiring certain contractors to give bonds in
 6319         an amount set by the State Board of Colleges; amending
 6320         s. 1010.08, F.S.; authorizing Florida College System
 6321         boards of trustees to budget for promotion and public
 6322         relations from certain funds; amending ss. 1010.09,
 6323         1010.22, 1010.30, and 1010.58, F.S.; conforming
 6324         provisions to changes made by the act; amending s.
 6325         1011.01, F.S.; requiring each Florida College System
 6326         institution board of trustees to submit an annual
 6327         operating budget according to rules of the State Board
 6328         of Colleges; amending s. 1011.011, F.S.; requiring the
 6329         State Board of Education to collaborate with the State
 6330         Board of Colleges on legislative budget requests
 6331         relating to Florida College System institutions;
 6332         amending ss. 1011.30 and 1011.32, F.S.; conforming
 6333         provisions to changes made by the act; amending s.
 6334         1011.80, F.S.; conforming provisions to changes made
 6335         by the act; authorizing the State Board of Colleges to
 6336         adopt rules; amending s. 1011.801, F.S.; specifying
 6337         duties of the State Board of Colleges regarding funds
 6338         for the operation of workforce education programs and
 6339         the Workforce Development Capitalization Incentive
 6340         Grant Program; amending ss. 1011.81, 1011.82, 1011.83,
 6341         1011.84, and 1011.85, F.S.; conforming provisions to
 6342         changes made by the act; amending s. 1012.01, F.S.;
 6343         redefining the term “school officers”; amending ss.
 6344         1012.80, 1012.81, 1012.83, 1012.855, and 1012.86,
 6345         F.S.; conforming provisions to changes made by the
 6346         act; amending s. 1013.01, F.S.; providing that the
 6347         term “board” does not include the State Board of
 6348         Colleges when used in the context of certain
 6349         educational facilities provisions; amending ss.
 6350         1013.02 and 1013.03, F.S.; requiring the State Board
 6351         of Colleges to adopt rules for and provide functions
 6352         relating to educational facilities; amending s.
 6353         1013.28, F.S.; authorizing Florida College System
 6354         institution boards of trustees to dispose of land or
 6355         real property subject to rules of the State Board of
 6356         Colleges; amending s. 1013.31, F.S.; specifying the
 6357         role of the State Board of Colleges in educational
 6358         plant surveys for Florida College System institutions;
 6359         amending ss. 1013.36, 1013.37, and 1013.40, F.S.;
 6360         conforming provisions to changes made by the act;
 6361         amending s. 1013.47, F.S.; providing that certain
 6362         contractors are subject to rules of the State Board of
 6363         Colleges; amending s. 1013.52, F.S.; specifying duties
 6364         of the State Board of Colleges with regard to the
 6365         cooperative development and joint use of facilities;
 6366         amending s. 1013.65, F.S.; requiring the State Board
 6367         of Colleges to be provided with copies of authorized
 6368         allocations or reallocations for the Public Education
 6369         Capital Outlay and Debt Service Trust Fund; providing
 6370         effective dates.