Florida Senate - 2013                                    SB 1720
       
       
       
       By Senator Galvano
       
       
       
       
       26-00836C-13                                          20131720__
    1                        A bill to be entitled                      
    2         An act relating to college instruction; amending s.
    3         11.45, F.S.; revising actions to be taken by the
    4         Legislative Auditing Committee relating to audits of
    5         state universities and Florida College System
    6         institutions; amending s. 1001.02, F.S.; requiring the
    7         State Board of Education to specify the college credit
    8         courses that may be taken by Florida College System
    9         institution students who are concurrently
   10         participating in developmental education; requiring
   11         the State Board of Education to establish the tuition
   12         and out-of-state fees for certain credit instruction,
   13         rather than college-preparatory instruction; revising
   14         the minimum standards, definitions, and guidelines
   15         that the State Board of Education must prescribe by
   16         rule for Florida College System institutions; amending
   17         s. 1001.64, F.S.; authorizing a board of trustees at a
   18         Florida College System institution to contract with
   19         the board of trustees of a state university for the
   20         Florida College System institution to provide
   21         developmental education; creating s. 1001.7065, F.S.;
   22         establishing a collaborative partnership between the
   23         Board of Governors and the Legislature to elevate the
   24         academic and research preeminence of this state’s
   25         highest performing state research universities;
   26         specifying the academic and research excellence
   27         standards for the preeminent state research
   28         universities program; requiring the Board of Governors
   29         to designate each state research university that meets
   30         certain criteria as a preeminent state research
   31         university; requiring the state research university
   32         that has attained the highest level on the academic
   33         and research excellence standard to establish an
   34         online arm of the university; providing requirements
   35         for the online arm of the university; providing
   36         membership of the board of directors that oversees the
   37         business of the university’s online arm; providing for
   38         a quorum of the board of directors; requiring the
   39         board to develop a business plan and authorizing the
   40         board to contract with other entities and
   41         institutions; requiring the university to offer high
   42         quality online baccalaureate degree programs and a
   43         master’s degree in business administration;
   44         authorizing the university to offer online other
   45         master’s degree programs; authorizing the university
   46         to develop and offer degree programs and courses that
   47         are competency based; requiring the university to
   48         periodically expand its offering of online
   49         baccalaureate degree programs and establish a tuition
   50         structure for its online arm; providing requirements
   51         for the tuition structure; requiring the state
   52         research university that has attained the second
   53         highest level on the academic and research excellence
   54         standards to recruit National Academy members,
   55         expedite provision of a master’s degree in cloud
   56         virtualization, and institute an entrepreneurs-in
   57         residence program throughout its campus; authorizing a
   58         preeminent state research university to require
   59         incoming college students to take specified courses;
   60         requiring the Board of Governors to identify and grant
   61         all reasonable, feasible authority and flexibility to
   62         keep a designated preeminent state research university
   63         free from unnecessary restrictions; providing that the
   64         Board of Governors is encouraged to establish
   65         standards and measures to recognize excellent programs
   66         in other state universities; amending s. 1004.02,
   67         F.S.; defining the term “developmental education” as
   68         it relates to public postsecondary education;
   69         repealing s. 1004.58, F.S., relating to the Leadership
   70         Board for Applied Research and Public Service;
   71         amending s. 1004.93, F.S.; deleting provisions
   72         relating to the levels and courses of instruction to
   73         be funded through the college-preparatory program;
   74         amending s. 1006.735, F.S.; establishing the Complete
   75         Florida Degree Program to recruit, recover, and retain
   76         adult learners and assist them in completing degrees
   77         aligned to high-wage, high-skill workforce needs;
   78         specifying program components and the tuition and fee
   79         structure; requiring submission of a project plan to
   80         the Legislature; amending s. 1007.23, F.S.; revising
   81         the number of semester hours in which a student who is
   82         seeking an associate in arts degree is required to
   83         indicate a baccalaureate degree program; amending s.
   84         1007.25, F.S.; revising general education courses,
   85         common prerequisites, and degree requirements;
   86         conforming terminology to changes made by the act;
   87         amending s. 1007.263, F.S.; revising the rules that
   88         the board of trustees of a Florida College System
   89         institution may adopt with regard to admissions
   90         counseling; requiring each board of trustees to
   91         establish policies that notify students about options
   92         they may use to attain the communication and
   93         computation skills that are essential to perform
   94         college-level work; deleting a prohibition against a
   95         student’s enrollment in credit courses under certain
   96         circumstances; amending s. 1007.271, F.S.; conforming
   97         provisions to changes made by the act; creating s.
   98         1008.02, F.S.; providing definitions for the purpose
   99         of ch. 1008, F.S., relating to assessment and
  100         accountability for the K-20 education system; amending
  101         s. 1008.30, F.S.; providing that alternative
  102         assessments that may be accepted in lieu of the common
  103         placement test must be identified in rule; requiring
  104         the State Board of Education, in conjunction with the
  105         Board of Governors, to approve a series of meta
  106         majors, academic pathways, and degree maps that
  107         identify the gateway courses required for success in
  108         each meta-major; providing requirements for the common
  109         placement testing program; requiring the State Board
  110         of Education to adopt rules that require high schools
  111         to evaluate certain students for college readiness;
  112         requiring the State Board of Education to establish by
  113         rule the test scores a student must achieve to
  114         demonstrate readiness to perform college-level work;
  115         deleting provisions to conform to changes made by the
  116         act; conforming terminology; requiring the State Board
  117         of Education to adopt rules by a specified date to
  118         implement developmental education; requiring local
  119         policies and practices set by each Florida College
  120         System institution board of trustees to outline the
  121         student achievements considered by the institution for
  122         placement determinations, identify instructional
  123         options available to students, and describe student
  124         costs and financial aid opportunities associated with
  125         each instructional option; creating s. 1008.322, F.S.;
  126         requiring the Board of Governors of the State
  127         University System to oversee the performance of state
  128         university boards of trustees in the enforcement of
  129         laws, rules, and regulations; providing that state
  130         university presidents are responsible for the accuracy
  131         of the information and data reported to the Board of
  132         Governors; authorizing the Chancellor of the State
  133         University System to investigate allegations of
  134         noncompliance with law or Board of Governors’ rule or
  135         regulation and determine probable cause; requiring the
  136         chancellor to report determinations of probable cause
  137         to the Board of Governors; authorizing the Board of
  138         Governors to initiate specified actions if the board
  139         determines that the state university board of trustees
  140         is unwilling or unable to comply with the law, certain
  141         rules or regulations, or audit recommendations;
  142         amending ss. 1008.37, 1009.22, and 1009.23, F.S.;
  143         conforming provisions to changes made by the act;
  144         amending s. 1009.26, F.S.; authorizing certain Florida
  145         College System institutions to waive certain fees;
  146         repealing s. 1009.28, F.S., relating to fees for
  147         repeated enrollment in college-preparatory classes;
  148         amending s. 1009.285, F.S.; requiring a student
  149         enrolled in the same undergraduate college-credit
  150         course more than once, except for students enrolled in
  151         a gateway course for an extended period of time, to
  152         pay tuition at 100 percent of the full cost of
  153         instruction; reducing the number of times certain
  154         coursework, which is excluded for the reduction of
  155         fees, is repeated for certain purposes; amending s.
  156         1009.286, F.S.; excluding remedial courses from those
  157         courses that are counted when calculating credit hours
  158         earned toward a baccalaureate degree; amending s.
  159         1009.40, F.S.; providing that undergraduate students
  160         participating in developmental education are eligible
  161         to receive financial aid for a specified number of
  162         semesters or quarters; conforming provisions to
  163         changes made by the act; amending s. 1009.53, F.S.;
  164         conforming terminology to changes made by the act;
  165         repealing s. 1009.531(7), F.S., relating to the
  166         eligibility of a student for an initial reward or
  167         renewal reward under the Florida Bright Futures
  168         Scholarship Program; amending s. 1011.84, F.S.;
  169         conforming provisions to changes made by the act;
  170         providing an effective date.
  171  
  172  Be It Enacted by the Legislature of the State of Florida:
  173  
  174         Section 1. Paragraph (j) of subsection (7) of section
  175  11.45, Florida Statutes, is amended to read:
  176         11.45 Definitions; duties; authorities; reports; rules.—
  177         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  178         (j) The Auditor General shall notify the Legislative
  179  Auditing Committee of any financial or operational audit report
  180  prepared pursuant to this section which indicates that a state
  181  university or Florida College System institution has failed to
  182  take full corrective action in response to a recommendation that
  183  was included in the two preceding financial or operational audit
  184  reports.
  185         1. The committee may direct the governing body of the state
  186  university or Florida College System institution to provide a
  187  written statement to the committee explaining why full
  188  corrective action has not been taken or, if the governing body
  189  intends to take full corrective action, describing the
  190  corrective action to be taken and when it will occur.
  191         2. If the committee determines that the written statement
  192  is not sufficient, the committee may require the chair of the
  193  governing body of the state university or Florida College System
  194  institution, or the chair’s designee, to appear before the
  195  committee.
  196         3. If the committee determines that the state university or
  197  Florida College System institution has failed to take full
  198  corrective action for which there is no justifiable reason or
  199  has failed to comply with committee requests made pursuant to
  200  this section, the committee shall refer the matter to the State
  201  Board of Education or the Board of Governors, as appropriate, to
  202  proceed in accordance with ss. 1008.32 and 1008.322,
  203  respectively may proceed in accordance with s. 11.40(2).
  204         Section 2. Paragraph (g) of subsection (4), subsection (5),
  205  and paragraphs (c) and (d) of subsection (6) of section 1001.02,
  206  Florida Statutes, are amended to read:
  207         1001.02 General powers of State Board of Education.—
  208         (4) The State Board of Education shall:
  209         (g) Specify, by rule, the college credit courses that may
  210  be taken by Florida College System institution students who are
  211  concurrently participating in developmental education enrolled
  212  in college-preparatory instruction.
  213         (5) The State Board of Education is responsible for
  214  reviewing and administering the state program of support for the
  215  Florida College System institutions and, subject to existing
  216  law, shall establish the tuition and out-of-state fees for
  217  college-preparatory instruction and for credit instruction that
  218  may be counted toward an associate in arts degree, an associate
  219  in applied science degree, or an associate in science degree.
  220         (6) The State Board of Education shall prescribe minimum
  221  standards, definitions, and guidelines for Florida College
  222  System institutions that will ensure the quality of education,
  223  coordination among the Florida College System institutions and
  224  state universities, and efficient progress toward accomplishing
  225  the Florida College System institution mission. At a minimum,
  226  these rules must address:
  227         (c) Program offerings and classification, including
  228  college-level communication and computation skills associated
  229  with successful performance in college and with tests and other
  230  assessment procedures that measure student achievement of those
  231  skills. The performance measures must provide that students
  232  moving from one level of education to the next acquire the
  233  necessary competencies for that level.
  234         (d) Provisions for curriculum development, graduation
  235  requirements, college calendars, and program service areas.
  236  These provisions must include rules that:
  237         1. Provide for the award of an associate in arts degree to
  238  a student who successfully completes 60 semester credit hours at
  239  the Florida College System institution.
  240         2. Require all of the credits accepted for the associate in
  241  arts degree to be in the statewide course numbering system as
  242  credits toward a baccalaureate degree offered by a state
  243  university or a Florida College System institution.
  244         3. Beginning with students initially entering a Florida
  245  College System institution in 2014-2015 and thereafter, Require
  246  no more than 36 30 semester credit hours in general education
  247  courses in the subject areas of communication, mathematics,
  248  social sciences, humanities, and natural sciences.
  249  
  250  The rules should encourage Florida College System institutions
  251  to enter into agreements with state universities that allow
  252  Florida College System institution students to complete upper
  253  division-level courses at a Florida College System institution.
  254  An agreement may provide for concurrent enrollment at the
  255  Florida College System institution and the state university and
  256  may authorize the Florida College System institution to offer an
  257  upper-division-level course or distance learning.
  258         Section 3. Subsection (9) of section 1001.64, Florida
  259  Statutes, is amended to read:
  260         1001.64 Florida College System institution boards of
  261  trustees; powers and duties.—
  262         (9) A board of trustees may contract with the board of
  263  trustees of a state university for the Florida College System
  264  institution to provide developmental education college
  265  preparatory instruction on the state university campus.
  266         Section 4. Section 1001.7065, Florida Statutes, is created
  267  to read:
  268         1001.7065Preeminent state research universities program.—
  269         (1)STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
  270  COLLABORATION.—A collaborative partnership is established
  271  between the Board of Governors and the Legislature to elevate
  272  the academic and research preeminence of Florida’s highest
  273  performing state research universities in accordance with this
  274  section. The partnership stems from the State University System
  275  Governance Agreement executed on March 24, 2010, wherein the
  276  Board of Governors and leaders of the Legislature agreed to a
  277  framework for the collaborative exercise of their joint
  278  authority and shared responsibility for the State University
  279  System. The governance agreement confirmed the commitment of the
  280  Board of Governors and the Legislature to continue collaboration
  281  on accountability measures, the use of data, and recommendations
  282  derived from such data.
  283         (2)ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
  284  July 1, 2013, the following academic and research excellence
  285  standards are established for the Preeminent State Research
  286  Universities Program:
  287         (a)An average weighted grade point average of 4.0 or
  288  higher on a 4.0 scale and an average SAT score of 1800 or higher
  289  for fall-semester incoming freshmen, as reported annually.
  290         (b)A top-50 ranking on at least two well-known and highly
  291  respected national public university rankings, reflecting
  292  national preeminence, using most recent rankings.
  293         (c)A freshman retention rate of 90 percent or higher for
  294  full-time, first-time-in-college students, as reported annually
  295  to the Integrated Postsecondary Education Data System (IPEDS).
  296         (d)A 6-year graduation rate of 70 percent or higher for
  297  full-time, first-time-in-college students, as reported annually
  298  to the IPEDS.
  299         (e)Six or more faculty members at the state university who
  300  are members of a national academy, as reported by the Center for
  301  Measuring University Performance in the Top American Research
  302  Universities (TARU) annual report.
  303         (f)Total annual research expenditures, including federal
  304  research expenditures, of $200 million or more, as reported
  305  annually by the National Science Foundation (NSF).
  306         (g)Total annual research expenditures in diversified
  307  nonmedical sciences of $150 million or more, based on data
  308  reported annually by the NSF.
  309         (h)A top-100 university national ranking for research
  310  expenditures in five or more science, technology, engineering,
  311  or mathematics fields of study, as reported annually by the NSF.
  312         (i)One hundred or more total patents awarded by the United
  313  States Patent and Trademark Office for the most recent 3-year
  314  period.
  315         (j)Four hundred or more doctoral degrees awarded annually,
  316  as reported in the TARU annual report.
  317         (k)Two hundred or more postdoctoral appointees annually,
  318  as reported in the TARU annual report.
  319         (l)An endowment of $500 million or more, as reported in
  320  the Board of Governors annual accountability report.
  321         (3)PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—The
  322  Board of Governors shall designate each state research
  323  university that meets at least 11 of the 12 academic and
  324  research excellence standards identified in subsection (2) a
  325  preeminent state research university.
  326         (4)PREEMINENT STATE RESEARCH UNIVERSITY ONLINE ARM.—The
  327  state research university that has attained the highest level on
  328  the academic and research excellence standards identified in
  329  subsection (2), as verified by the Board of Governors, shall
  330  establish a fully online arm of the university in accordance
  331  with this subsection, subject to the appropriation of funds by
  332  the Legislature.
  333         (a)1.A board of directors shall develop, implement, and
  334  oversee the business aspects of the university’s online arm,
  335  while the university president and board of trustees, in
  336  conjunction with the Board of Governors, shall be responsible
  337  for academic quality, accreditation, and curricular standards.
  338  The university president and board of trustees, the board of
  339  directors, and the Board of Governors shall collaborate and
  340  cooperate in their respective roles to achieve the purpose of
  341  successfully providing fully online high-quality baccalaureate
  342  and master’s degree programs to the university’s enrolled online
  343  students in this state and around the world.
  344         2.The university president shall designate a center to
  345  help lead the university to global preeminence in the
  346  development of cutting-edge technology and instructional design
  347  for online programs. The center shall conduct research to enrich
  348  the university’s online degree program offerings and enhance the
  349  success of the university’s online students. The center shall
  350  provide academic and administrative support structures to
  351  undergird the delivery of content and degree programs by the
  352  various colleges and departments throughout the university. The
  353  center shall work jointly with the university president and the
  354  board of directors in their respective roles.
  355         (b)The board of directors is comprised of the following
  356  seven members:
  357         1.The university president, or the president’s permanent
  358  designee.
  359         2.The chair of the university board of trustees, or the
  360  chair’s permanent designee.
  361         3.A member with expertise in global marketing, appointed
  362  by the Governor.
  363         4.A member with expertise in cloud virtualization,
  364  appointed by the President of the Senate.
  365         5.A member with expertise in disruptive innovation in
  366  online learning, appointed by the Speaker of the House of
  367  Representatives.
  368         6.A member with expertise in online program accreditation,
  369  appointed by the chair of the Board of Governors.
  370         7.A member with expertise in creative technologies,
  371  appointed by the chair of the Florida Polytechnic University
  372  Board of Trustees.
  373         (c)A majority of the board of directors constitutes a
  374  quorum, elects the chair, and appoints an executive director.
  375         (d)The board of directors shall develop a business plan
  376  and may contract with other entities and institutions, public or
  377  private, to maximize the marketing, advertising, support
  378  services that include financial aid assistance and academic and
  379  career guidance, and degree programs and courses of the
  380  university’s online arm.
  381         (e)Beginning in January 2014, the university shall offer
  382  high-quality, fully online baccalaureate degree programs as
  383  directed by the board of directors which:
  384         1.Accept full-time, first-time-in-college students.
  385         2.Have the same rigorous admissions criteria as an
  386  equivalent on-campus degree program.
  387         3.Offer a curriculum of equivalent rigor to the on-campus
  388  degree program.
  389         4.Offer rolling enrollment or multiple windows of
  390  enrollment throughout the year.
  391         5.Do not require any on-campus courses. However, for
  392  courses or programs that require clinical training or
  393  laboratories which cannot be delivered online, the university
  394  shall offer convenient locational options to the student, which
  395  may include, but not be limited to, the option to complete such
  396  requirements at a summer-in-residence on the university campus.
  397  Additionally, for purposes of proctored assessments or testing,
  398  the university may provide a network of sites at convenient
  399  locations and contract with commercial testing centers or
  400  identify other secure testing services.
  401         6.Apply the university’s existing policy for accepting
  402  credits for both freshman applicants and transfer applicants.
  403         (f)The university must offer a fully online master of
  404  business administration degree program and may offer other
  405  master’s degree programs as recommended by the university
  406  president and board of trustees and authorized by the board of
  407  directors.
  408         (g)The university may develop and offer degree programs
  409  and courses that are competency based, as appropriate for the
  410  quality and success of the program and as recommended by the
  411  university president and board of trustees and authorized by the
  412  board of directors.
  413         (h)The university shall periodically expand its offering
  414  of online baccalaureate degree programs, as recommended by the
  415  university president and board of trustees and authorized by the
  416  board of directors, to meet student and market demands.
  417         (i)The university shall establish a tuition structure for
  418  its online arm in conjunction with the board of directors and in
  419  accordance with this paragraph, notwithstanding any other
  420  provision of law.
  421         1.For students classified as residents for tuition
  422  purposes, tuition for an online baccalaureate degree program
  423  shall be set at no more than 75 percent of tuition for the
  424  equivalent on-campus baccalaureate degree program. No distance
  425  learning fee or fee for campus facilities or on-campus services
  426  may be assessed, except that online students shall pay the
  427  university’s technology and financial aid fees and the Capital
  428  Improvement Trust Fund fee which shall be dedicated to the
  429  university’s online research center. The board of directors may
  430  recommend a fee structure for an offering of optional services,
  431  such as career placement services, which may be selected by the
  432  student.
  433         2.For students classified as nonresidents for tuition
  434  purposes, tuition may be set at market rates, as directed and
  435  authorized by the board of directors in accordance with the
  436  business plan.
  437         3.Tuition for the online degree programs must include all
  438  costs associated with the program, including, but not limited
  439  to, instruction, materials, and enrollment.
  440         4.Tuition may be differentiated by degree program, as
  441  appropriate to the instructional and other costs of the program,
  442  as recommended by the university president and board of trustees
  443  and authorized by the board of directors in accordance with the
  444  business plan.
  445         5.Pricing must incorporate innovative approaches that
  446  incentivize persistence and completion, including, but not
  447  limited to, fee for assessment, a bundled or all-inclusive rate,
  448  and sliding-scale features.
  449         6.The university must accept student financial aid,
  450  including Florida Bright Futures Scholarship Program awards,
  451  Pell Grants, and student loans.
  452         7.The board of directors shall ensure that 50 percent of
  453  the revenues generated from the online arm of the university is
  454  used to enhance and enrich the online arm of the university and
  455  50 percent of the revenues generated from the online arm of the
  456  university is used to enhance and enrich the university’s campus
  457  innovation hub, including state-of-the-art research programs and
  458  facilities.
  459         (5)PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
  460  INITIATIVE.—The state research university that has attained the
  461  second-highest level on the academic and research excellence
  462  standards identified in subsection (2), as verified by the Board
  463  of Governors, shall recruit National Academy members, expedite
  464  provision of a master’s degree in cloud virtualization, and
  465  institute an entrepreneurs-in-residence program throughout its
  466  campus, subject to funds appropriated by the Legislature.
  467         (6)PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  468  REQUIREMENTS AUTHORITY.—In order to provide a jointly shared
  469  educational experience, a state university that is designated a
  470  preeminent state research university may require its incoming
  471  first-time-in-college students to take a 9-credit to 12-credit
  472  set of courses specifically determined by the university. The
  473  state university may stipulate that credit for such courses may
  474  not be earned through any acceleration mechanism, pursuant to s.
  475  1007.27 or s. 1007.271, or other transfer credit. At the
  476  student’s request, all accelerated credits earned up to the
  477  limits specified in ss. 1007.27 and 1007.271 must be applied
  478  toward graduation.
  479         (7)PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  480  AUTHORITY.—The Board of Governors shall identify and grant all
  481  reasonable, feasible authority and flexibility to keep a
  482  designated preeminent state research university free from
  483  unnecessary restrictions.
  484         (8)PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE UNIVERSITY
  485  SYSTEM.—The Board of Governors is encouraged to establish
  486  standards and measures whereby individual programs in other
  487  state universities that objectively reflect national excellence
  488  can be identified and make recommendations to the Legislature as
  489  to how any such programs could be enhanced and promoted.
  490         Section 5. Subsection (11) of section 1004.02, Florida
  491  Statutes, is amended to read:
  492         1004.02 Definitions.—As used in this chapter:
  493         (11) Developmental education “College-preparatory
  494  instruction” means instruction courses through which a high
  495  school graduate who applies for and enrolls in any college
  496  credit program may attain the communication and computation
  497  skills necessary to perform college-level work while also
  498  enrolled enroll in college credit instruction.
  499         Section 6. Section 1004.58, Florida Statutes, is repealed.
  500         Section 7. Subsection (4) of section 1004.93, Florida
  501  Statutes, is amended to read:
  502         1004.93 Adult general education.—
  503         (4)(a) Adult general education shall be evaluated and
  504  funded as provided in s. 1011.80.
  505         (b) Fees for adult basic instruction are to be charged in
  506  accordance with chapter 1009.
  507         (c) The State Board of Education shall define, by rule, the
  508  levels and courses of instruction to be funded through the
  509  college-preparatory program. The state board shall coordinate
  510  the establishment of costs for college-preparatory courses, the
  511  establishment of statewide standards that define required levels
  512  of competence, acceptable rates of student progress, and the
  513  maximum amount of time to be allowed for completion of college
  514  preparatory instruction. College-preparatory instruction is part
  515  of an associate in arts degree program and may not be funded as
  516  an adult career education program.
  517         (d) Expenditures for college-preparatory and lifelong
  518  learning students shall be reported separately. Allocations for
  519  college-preparatory courses shall be based on proportional full
  520  time equivalent enrollment. Program review results shall be
  521  included in the determination of subsequent allocations. A
  522  student shall be funded to enroll in the same college
  523  preparatory class within a skill area only twice, after which
  524  time the student shall pay 100 percent of the full cost of
  525  instruction to support the continuous enrollment of that student
  526  in the same class; however, students who withdraw or fail a
  527  class due to extenuating circumstances may be granted an
  528  exception only once for each class, provided approval is granted
  529  according to policy established by the board of trustees. Each
  530  Florida College System institution shall have the authority to
  531  review and reduce payment for increased fees due to continued
  532  enrollment in a college-preparatory class on an individual basis
  533  contingent upon the student’s financial hardship, pursuant to
  534  definitions and fee levels established by the State Board of
  535  Education. College-preparatory and lifelong learning courses do
  536  not generate credit toward an associate or baccalaureate degree.
  537         (c)(e) A district school board or a Florida College System
  538  institution board of trustees may negotiate a contract with the
  539  regional workforce board for specialized services for
  540  participants in the welfare transition program, beyond what is
  541  routinely provided for the general public, to be funded by the
  542  regional workforce board.
  543         Section 8. Section 1006.735, Florida Statutes, is amended
  544  to read:
  545         1006.735 Complete Florida Degree Program Completion Pilot
  546  Project.—
  547         (1) The Complete Florida Degree Program Completion Pilot
  548  Project is established for the purpose of recruiting,
  549  recovering, and retaining the state’s adult learners and
  550  assisting them in completing an associate degree or a
  551  baccalaureate degree that is aligned to high-wage, high-skill
  552  workforce needs. As used in this section, the term “adult
  553  learner” means a student who has successfully completed college
  554  level coursework in multiple semesters but has left an
  555  institution in good standing before completing his or her
  556  degree. The program pilot project shall give priority to adult
  557  learners who are veterans or active duty members of the United
  558  States Armed Forces.
  559         (2) The Complete Florida Degree Program pilot project shall
  560  be implemented by the University of West Florida, acting as the
  561  lead institution, in coordination with; the University of South
  562  Florida; Florida State College System institutions, state
  563  universities, and private postsecondary institutions, as
  564  appropriate. The program must at Jacksonville; and St.
  565  Petersburg College and shall include the associate, applied
  566  baccalaureate, and baccalaureate degree programs that these
  567  institutions have selected. Other partnering public
  568  postsecondary education institutions shall provide areas of
  569  specialization or concentration.
  570         (3) For purposes of selecting the degree programs that will
  571  be given priority in the Complete Florida Degree Program pilot
  572  project, the institutions identified in subsection (2) shall
  573  partner with public and private job recruitment and placement
  574  agencies and use labor market data and projections to identify
  575  the specific workforce needs and targeted occupations of the
  576  state.
  577         (4) The Complete Florida Degree Program pilot project shall
  578  provide adult learners with a single point of access to
  579  information and links to innovative online and accelerated
  580  distance learning courses, student and library support services,
  581  and electronic resources that will guide the adult learner
  582  toward the successful completion of a postsecondary degree.
  583         (5) Beginning with the 2013-2014 2012-2013 academic year,
  584  the Complete Florida Degree Program pilot project shall be
  585  implemented and must:
  586         (a) Use the distance learning course catalog established
  587  pursuant to s. 1006.73 to communicate course availability to the
  588  adult learner.
  589         (b) Develop and implement an advising and student support
  590  system that includes the use of degree completion specialists,
  591  is based upon best practices and processes, and includes
  592  academic and career support services designed specifically for
  593  the adult learner. The program must identify proposed changes to
  594  the statewide computer-assisted student advising system
  595  established pursuant to s. 1006.73 to assist the adult learner
  596  in using the system.
  597         (c) Use the streamlined, automated, online admissions
  598  application process for transient students established pursuant
  599  to s. 1006.73. The Complete Florida Degree Program pilot project
  600  shall identify any additional admissions and registration
  601  policies and practices that could be further streamlined and
  602  automated for purposes of assisting the adult learner.
  603         (d) Use existing and, if necessary, develop new competency
  604  based instructional and evaluation tools to assess prior
  605  performance, experience, and education for the award of college
  606  credit in order to reduce the time required for adult learners
  607  to complete their degrees. The tools may include the use of the
  608  American Council on Education’s collaborative link between the
  609  United States Department of Defense and higher education through
  610  the review of military training and experiences for the award of
  611  equivalent college credit for members of the United States Armed
  612  Forces.
  613         (e) Develop and implement an evaluation process that
  614  collects, analyzes, and provides to the participating
  615  postsecondary education institutions, the chairs of the
  616  legislative appropriations committees, and the Executive Office
  617  of the Governor information on the effectiveness of the program
  618  pilot project and the attainment of its goals. Such a process
  619  must shall include a management information system that collects
  620  the appropriate student, programmatic, and fiscal data necessary
  621  to complete the evaluation of the program pilot project.
  622  Institutions involved in the program pilot project shall also
  623  collect job placement and employment data on the adult learners
  624  who have completed their degrees as a result of the program
  625  pilot project.
  626         (f) Develop and implement a statewide marketing campaign
  627  targeted toward recruiting adult learners, particularly veterans
  628  and active duty members of the United States Armed Forces, for
  629  enrollment in the degree programs offered through the program
  630  pilot project.
  631         (6) For purposes of the Complete Florida Degree Program
  632  pilot project, each institution’s current tuition and fee
  633  structure shall be used. However, all participating institutions
  634  shall collaboratively identify the applicable cost components
  635  involved in the development and delivery of distance learning
  636  courses, collect information on these cost components, and
  637  submit the information to the Florida Virtual Campus. The
  638  chancellors of the Florida College System. The chancellors and
  639  the State University System shall submit a report to the chairs
  640  of the legislative appropriations committees no later than
  641  December 31, 2014 2013, on the need for a differentiated tuition
  642  and fee structure for the development and delivery of distance
  643  learning courses.
  644         (7) The University of West Florida, in collaboration with
  645  its partners the University of South Florida, Florida State
  646  College at Jacksonville, and St. Petersburg College, shall
  647  submit to the chairs of the legislative appropriations
  648  committees no later than September 1, 2013 June 1, 2012, a
  649  detailed project plan that defines the major work activities,
  650  student eligibility criteria, timeline, and cost for
  651  implementing the Complete Florida Degree Program pilot project.
  652         (8) The University of West Florida, in collaboration with
  653  the University of South Florida, Florida State College at
  654  Jacksonville, and St. Petersburg College, shall develop and
  655  implement a transition plan that transfers the administration of
  656  the pilot project to the Florida Virtual Campus no later than
  657  June 30, 2013.
  658         Section 9. Subsection (3) of section 1007.23, Florida
  659  Statutes, is amended to read:
  660         1007.23 Statewide articulation agreement.—
  661         (3) To improve articulation and reduce excess credit hours,
  662  beginning with students initially entering a Florida College
  663  System institution in 2013-2014 and thereafter, the articulation
  664  agreement must require each student who is seeking an associate
  665  in arts degree to indicate a baccalaureate degree program
  666  offered by an institution of interest by the time the student
  667  earns 36 30 semester hours. The institution in which the student
  668  is enrolled shall inform the student of the prerequisites for
  669  the baccalaureate degree program offered by an institution of
  670  interest.
  671         Section 10. Subsections (3), (6), (7), (8), and (10) of
  672  section 1007.25, Florida Statutes, are amended to read:
  673         1007.25 General education courses; common prerequisites;
  674  other degree requirements.—
  675         (3) The chair of the State Board of Education and the chair
  676  of the Board of Governors, or their designees, shall jointly
  677  appoint faculty committees to identify statewide general
  678  education core course options. General education core course
  679  options must shall consist of a maximum of five courses within
  680  each of the subject areas of communication, mathematics, social
  681  sciences, humanities, and natural sciences. Each general
  682  education core course option must contain high-level academic
  683  and critical thinking skills and common competencies that
  684  students must demonstrate to successfully complete the course.
  685  Beginning with students initially entering a Florida College
  686  System institution or state university in 2015-2016 2014-2015
  687  and thereafter, each student must complete at least one
  688  identified core course in each subject area as part of the
  689  general education course requirements. All public postsecondary
  690  educational institutions shall offer and accept these courses as
  691  meeting general education core course requirements. The
  692  remaining general education course requirements shall be
  693  identified by each institution and reported to the department by
  694  their statewide course number. The general education core course
  695  options shall be adopted in rule by the State Board of Education
  696  and in regulation by the Board of Governors. Additional core
  697  course options may be approved by the State Board of Education
  698  and the Board of Governors if recommended by the subject area
  699  faculty committee and approved by the Articulation Coordinating
  700  Committee, as necessary for a subject area.
  701         (6) The universities and Florida College System
  702  institutions shall work with their respective school districts
  703  to ensure that high school curricula coordinate with the general
  704  education curricula and to prepare students for college-level
  705  work. General education curricula for associate in arts programs
  706  shall be identified by each institution and, beginning with
  707  students initially entering a Florida College System institution
  708  or state university in 2014-2015 and thereafter, shall include
  709  36 30 semester hours in the subject areas of communication,
  710  mathematics, social sciences, humanities, and natural sciences.
  711         (7) An associate in arts degree may not shall require no
  712  more than 60 semester hours of college credit and must,
  713  beginning with students initially entering a Florida College
  714  System institution or state university in 2014-2015 and
  715  thereafter, include 36 30 semester hours of general education
  716  coursework. Beginning with students initially entering a Florida
  717  College System institution or state university in 2014-2015 and
  718  thereafter, coursework for an associate in arts degree must
  719  include and demonstration of competency in a foreign language
  720  pursuant to s. 1007.262. Except for developmental education
  721  provided college-preparatory coursework required pursuant to s.
  722  1008.30, all required coursework counts shall count toward the
  723  associate in arts degree or the baccalaureate degree.
  724         (8) A baccalaureate degree program shall require no more
  725  than 120 semester hours of college credit and, beginning with
  726  students initially entering a Florida College System institution
  727  or state university in 2014-2015 and thereafter, include 36 30
  728  semester hours of general education coursework, unless prior
  729  approval has been granted by the Board of Governors for
  730  baccalaureate degree programs offered by state universities and
  731  by the State Board of Education for baccalaureate degree
  732  programs offered by Florida College System institutions.
  733         (10) Students at state universities may request associate
  734  in arts certificates if they have successfully completed the
  735  minimum requirements for the degree of associate in arts (A.A.).
  736  The university must grant the student an associate in arts
  737  degree if the student has successfully completed minimum
  738  requirements for college-level communication and computation
  739  skills adopted by the State Board of Education and 60 academic
  740  semester hours or the equivalent within a degree program area
  741  and including 36, beginning with students initially entering a
  742  Florida College System institution or state university in 2014
  743  2015 and thereafter, include 30 semester hours in general
  744  education courses in the subject areas of communication,
  745  mathematics, social sciences, humanities, and natural sciences,
  746  consistent with the general education requirements specified in
  747  the articulation agreement pursuant to s. 1007.23.
  748         Section 11. Section 1007.263, Florida Statutes, is amended
  749  to read:
  750         1007.263 Florida College System institutions; admissions of
  751  students.—Each Florida College System institution board of
  752  trustees may is authorized to adopt rules governing admissions
  753  of students subject to this section and rules of the State Board
  754  of Education. These rules must shall include the following:
  755         (1) Admissions counseling must shall be provided to all
  756  students entering college or career credit programs. Counseling
  757  must use shall utilize tests to measure achievement of college
  758  level communication and computation competencies by all students
  759  entering college credit programs or tests to measure achievement
  760  of basic skills for career education programs as prescribed in
  761  s. 1004.91. Counseling includes providing developmental
  762  education options for students whose assessment results,
  763  determined under s. 1008.30, indicate that they need to improve
  764  communication or computation skills that are essential to
  765  perform college-level work.
  766         (2) Admission to associate degree programs is subject to
  767  minimum standards adopted by the State Board of Education and
  768  requires shall require:
  769         (a) A standard high school diploma, a high school
  770  equivalency diploma as prescribed in s. 1003.435, previously
  771  demonstrated competency in college credit postsecondary
  772  coursework, or, in the case of a student who is home educated, a
  773  signed affidavit submitted by the student’s parent or legal
  774  guardian attesting that the student has completed a home
  775  education program pursuant to the requirements of s. 1002.41.
  776  Students who are enrolled in a dual enrollment or early
  777  admission program pursuant to s. 1007.271 are exempt from this
  778  requirement.
  779         (b) A demonstrated level of achievement of college-level
  780  communication and computation skills.
  781         (c) Any other requirements established by the board of
  782  trustees.
  783         (3) Admission to other programs within the Florida College
  784  System institution must shall include education requirements as
  785  established by the board of trustees.
  786         (4) A student who has been awarded a special diploma as
  787  defined in s. 1003.438 or a certificate of completion as defined
  788  in s. 1003.43(10) is eligible to enroll in certificate career
  789  education programs.
  790         (5) A student who has with a documented disability may be
  791  eligible for reasonable substitutions, as prescribed in ss.
  792  1007.264 and 1007.265.
  793  
  794  Each board of trustees shall establish policies that notify
  795  students about developmental education options for improving
  796  their communication or computation skills that are essential to
  797  performing college-level work, including tutoring, extended time
  798  in gateway courses, free online courses and place students into,
  799  adult basic education, adult secondary education, or other
  800  instructional programs that provide students with alternatives
  801  to traditional college-preparatory instruction, including
  802  private provider instruction. A student is prohibited from
  803  enrolling in additional college-level courses until the student
  804  scores above the cut-score on all sections of the common
  805  placement test.
  806         Section 12. Subsections (2) and (14) of section 1007.271,
  807  Florida Statutes, are amended to read:
  808         1007.271 Dual enrollment programs.—
  809         (2) For the purpose of this section, an eligible secondary
  810  student is a student who is enrolled in a Florida public
  811  secondary school or in a Florida private secondary school which
  812  is in compliance with s. 1002.42(2) and provides a secondary
  813  curriculum pursuant to s. 1003.428, s. 1003.429, or s. 1003.43.
  814  Students who are eligible for dual enrollment pursuant to this
  815  section may enroll in dual enrollment courses conducted during
  816  school hours, after school hours, and during the summer term.
  817  However, if the student is projected to graduate from high
  818  school before the scheduled completion date of a postsecondary
  819  course, the student may not register for that course through
  820  dual enrollment. The student may apply to the postsecondary
  821  institution and pay the required registration, tuition, and fees
  822  if the student meets the postsecondary institution’s admissions
  823  requirements under s. 1007.263. Instructional time for dual
  824  enrollment may vary from 900 hours; however, the school district
  825  may only report the student for a maximum of 1.0 FTE, as
  826  provided in s. 1011.61(4). Any student enrolled as a dual
  827  enrollment student is exempt from the payment of registration,
  828  tuition, and laboratory fees. Vocational-preparatory
  829  instruction, developmental education college-preparatory
  830  instruction, and other forms of precollegiate instruction, as
  831  well as physical education courses that focus on the physical
  832  execution of a skill rather than the intellectual attributes of
  833  the activity, are ineligible for inclusion in the dual
  834  enrollment program. Recreation and leisure studies courses shall
  835  be evaluated individually in the same manner as physical
  836  education courses for potential inclusion in the program.
  837         (14) The Department of Education shall approve any course
  838  for inclusion in the dual enrollment program that is contained
  839  within the statewide course numbering system. However,
  840  developmental education college-preparatory and other forms of
  841  precollegiate instruction, and physical education and other
  842  courses that focus on the physical execution of a skill rather
  843  than the intellectual attributes of the activity, may not be so
  844  approved but must be evaluated individually for potential
  845  inclusion in the dual enrollment program. This subsection may
  846  not be construed to mean that an independent postsecondary
  847  institution eligible for inclusion in a dual enrollment or early
  848  admission program pursuant to s. 1011.62 must participate in the
  849  statewide course numbering system developed pursuant to s.
  850  1007.24 to participate in a dual enrollment program.
  851         Section 13. Section 1008.02, Florida Statutes, is created
  852  to read:
  853         1008.02Definitions.—As used in this chapter, the term:
  854         (1)“Accelerated course structure” means a course or strand
  855  of study that accelerates the progress of students in
  856  developmental education through self-paced attainment of
  857  specific skills.
  858         (2)“Corequisite education” means developmental education
  859  that is deployed through a variety of classroom, online, or
  860  blended instructional strategies and offered concurrently with
  861  college credit instruction. The term includes, but is not
  862  limited to:
  863         (a)Compressed or modularized instruction or coaching that
  864  supplements credit instruction.
  865         (b)Embedded content in a modified or extended credit
  866  bearing course intended to contextualize or accelerate credit
  867  attainment.
  868         (3)“Developmental education” means instruction through
  869  which a high school graduate who applies for any college credit
  870  program may attain the communication and computation skills
  871  necessary to successfully complete college credit instruction.
  872  Developmental education may not be offered as a noncredit course
  873  for which a student pays tuition but must be offered corequisite
  874  to a gateway course.
  875         (4)“Gateway course” means the first course that provides
  876  transferable, college-level credit allowing students to progress
  877  in their program of study.
  878         (5)“Mastery-based education” means customized, targeted
  879  instruction that addresses specific skills gaps.
  880         (6)“Meta-major” means a collection of programs of study or
  881  academic discipline groupings that share common foundational
  882  skills.
  883         Section 14. Section 1008.30, Florida Statutes, is amended
  884  to read:
  885         1008.30 Common placement testing for public postsecondary
  886  education.—
  887         (1) The State Board of Education, in conjunction with the
  888  Board of Governors, shall develop and implement a common
  889  placement test for the purpose of assessing the basic
  890  computation and communication skills of students who intend to
  891  enter a degree program at any public postsecondary educational
  892  institution. Alternative assessments that may be accepted in
  893  lieu of the common placement test shall also be identified in
  894  rule. Public postsecondary educational institutions shall
  895  provide appropriate modifications of the test instruments or
  896  test procedures for students with disabilities.
  897         (2) By October 1, 2013, the State Board of Education in
  898  conjunction with the Board of Governors shall approve a series
  899  of meta-majors, academic pathways, and degree maps that identify
  900  the gateway courses required for success in each meta-major.
  901  Results from the common placement test, the alternative
  902  assessments that may be used in lieu of the common placement
  903  test, and achievements that may be considered by institutional
  904  boards of trustees, as adopted by state board rule, shall be
  905  used to diagnose a student’s readiness for his or her chosen
  906  meta-major and to provide academic counseling to the student
  907  concerning options for attaining the necessary skills through
  908  developmental education while enrolled in credit courses.
  909         (3)(2) The common placement testing program must shall
  910  include at a minimum the following: the capacity to diagnose
  911  basic competencies in the areas of English, reading, and
  912  mathematics which are essential for success in meta-majors and
  913  to provide to perform college-level work; prerequisite skills
  914  that relate to progressively advanced instruction in
  915  mathematics, such as algebra and geometry; prerequisite skills
  916  that relate to progressively advanced instruction in language
  917  arts, such as English composition and literature; and provision
  918  of test information to students on the specific skills the
  919  student needs to attain deficiencies.
  920         (4)(3) The State Board of Education shall adopt rules that
  921  require high schools to evaluate before the beginning of grade
  922  12 the college readiness of each student who scores at Level 2
  923  or Level 3 on the reading portion of the grade 10 FCAT Reading
  924  or Level 2, Level 3, or Level 4 on the Algebra I mathematics
  925  assessments under s. 1008.22 s. 1008.22(3)(c). High schools
  926  shall perform this evaluation using results from the
  927  corresponding component of the common placement test prescribed
  928  in this section, or an alternative equivalent test identified by
  929  the State Board of Education. The State Board of Education shall
  930  identify in rule the assessments necessary to perform the
  931  evaluations required by this subsection and shall work with the
  932  school districts to administer the assessments. The State Board
  933  of Education shall establish by rule the minimum test scores a
  934  student must achieve to demonstrate readiness. Students who
  935  demonstrate readiness by achieving the minimum test scores
  936  established by the state board and enroll in a Florida College
  937  System institution within 2 years of achieving such scores shall
  938  not be required to retest or enroll in remediation when admitted
  939  to any Florida College System institution. The high school shall
  940  use the results of the test to advise the students of any
  941  identified deficiencies and to provide 12th grade students, and
  942  require them to complete, appropriate postsecondary preparatory
  943  instruction prior to high school graduation. The curriculum
  944  provided under this subsection shall be identified in rule by
  945  the State Board of Education and encompass Florida’s
  946  Postsecondary Readiness Competencies. Other elective courses may
  947  not be substituted for the selected postsecondary reading,
  948  mathematics, or writing preparatory course unless the elective
  949  course covers the same competencies included in the
  950  postsecondary reading, mathematics, or writing, or English
  951  language arts preparatory course.
  952         (5)(4)(a)The State Board of Education shall establish by
  953  rule the test scores a student must achieve to demonstrate
  954  readiness to perform college-level work. Students who
  955  demonstrate readiness by achieving or exceeding the test scores
  956  established by the state board and enroll in a Florida College
  957  System institution within 2 years after achieving such scores
  958  may not be required to retest or complete developmental
  959  education when admitted to any Florida College System
  960  institution. Students who have been identified as requiring
  961  additional preparation pursuant to subsection (1) shall enroll
  962  in college-preparatory or other adult education pursuant to s.
  963  1004.93 in Florida College System institutions to develop needed
  964  college-entry skills. The State Board of Education shall specify
  965  by rule provisions for alternative remediation opportunities and
  966  retesting policies. These students shall be permitted to take
  967  courses within their degree program concurrently in other
  968  curriculum areas for which they are qualified while enrolled in
  969  college-preparatory instruction courses. A student enrolled in a
  970  college-preparatory course may concurrently enroll only in
  971  college credit courses that do not require the skills addressed
  972  in the college-preparatory course. A degree-seeking student who
  973  is required to complete a college-preparatory course must
  974  successfully complete the required college-preparatory studies
  975  by the time the student has accumulated 12 hours of lower
  976  division college credit degree coursework; however, a student
  977  may continue enrollment in degree-earning coursework provided
  978  the student maintains enrollment in college-preparatory
  979  coursework for each subsequent semester until college
  980  preparatory coursework requirements are completed, and provided
  981  the student demonstrates satisfactory performance in degree
  982  earning coursework. A student who has accumulated 12 college
  983  credit hours and has not yet demonstrated proficiency in the
  984  basic competency areas of reading, writing, and mathematics must
  985  be advised in writing of the requirements for associate degree
  986  completion and state university admission, including information
  987  about future financial aid eligibility and the potential costs
  988  of accumulating excessive college credit as described in s.
  989  1009.286. Before a student is considered to have met basic
  990  computation and communication skills requirements, the student
  991  must demonstrate successful mastery of the required
  992  developmental education competencies as defined in State Board
  993  of Education rule. Credit awarded for college-preparatory
  994  instruction may not be counted toward fulfilling the number of
  995  credits required for a degree.
  996         (6)(b) A university board of trustees may contract with a
  997  Florida College System institution board of trustees for the
  998  Florida College System institution to provide developmental
  999  education such instruction on the state university campus. Any
 1000  state university in which the percentage of incoming students
 1001  requiring developmental education college-preparatory
 1002  instruction equals or exceeds the average percentage of such
 1003  students for the Florida College System may offer such
 1004  developmental education college-preparatory instruction without
 1005  contracting with a Florida College System institution; however,
 1006  any state university offering college-preparatory instruction as
 1007  of January 1, 1996, may continue to provide such services.
 1008         (7)(a)(5)The State Board of Education shall adopt rules by
 1009  January 1, 2014, to implement developmental education. The rules
 1010  must include:
 1011         1.Student achievements that may be considered by
 1012  institutional boards, such as performance on college placement
 1013  tests, grade point averages, work history, military experience,
 1014  career interests, degree major declaration, or any combination
 1015  thereof.
 1016         2.Recommended options for students performing at levels
 1017  indicating adult education as an appropriate place for students
 1018  to develop needed college-entry academic skills.
 1019         3.Sufficient flexibility for local professional judgment
 1020  and determinations of appropriate student options for achieving
 1021  necessary skills.
 1022         4.Limits on credit course enrollment for students
 1023  indicating the need for preparatory assistance in two or more
 1024  content areas.
 1025         (b)Local policies and practices set by each Florida
 1026  College System institution board of trustees must outline the
 1027  student achievements considered by the institution for placement
 1028  determinations, identify instructional options available to
 1029  students, and describe student costs and financial aid
 1030  opportunities associated with each instructional option.
 1031  Instructional options must, at a minimum, provide for enrollment
 1032  of a student in a credit course either with or without
 1033  institutionally required corequisite education, mastery-based
 1034  instruction or accelerated pathways for developing skills, or
 1035  enrolling in adult education to attain needed skills, as chosen
 1036  by the student. Policies and practices must specify limits on
 1037  credit course enrollment for students indicating the need for
 1038  preparatory assistance, outline retesting requirements, and
 1039  identify options for students who choose to attain skills in
 1040  adult education when such instruction is not provided by the
 1041  Florida College System institution A student may not be enrolled
 1042  in a college credit mathematics or English course on a dual
 1043  enrollment basis unless the student has demonstrated adequate
 1044  precollegiate preparation on the section of the basic
 1045  computation and communication skills assessment required
 1046  pursuant to subsection (1) that is appropriate for successful
 1047  student participation in the course.
 1048         Section 15. Section 1008.322, Florida Statutes, is created
 1049  to read:
 1050         1008.322 Board of Governors oversight enforcement
 1051  authority.—
 1052         (1) The Board of Governors of the State University System
 1053  shall oversee the performance of state university boards of
 1054  trustees in the enforcement of laws, rules, and regulations.
 1055  State university boards of trustees shall be primarily
 1056  responsible for compliance with laws and Board of Governors’
 1057  rules and regulations.
 1058         (2)The Board of Governors’ constitutional authority to
 1059  operate, regulate, control, and be fully responsible for the
 1060  management of the State University System mandates that the
 1061  state universities comply with all requests by the Board of
 1062  Governors for information, data, and reports. State university
 1063  presidents are responsible for the accuracy of the information
 1064  and data reported to the Board of Governors.
 1065         (3)The Chancellor of the State University System may
 1066  investigate allegations of noncompliance with law or Board of
 1067  Governors’ rule or regulation and determine probable cause. The
 1068  chancellor shall report determinations of probable cause to the
 1069  Board of Governors, which may require the university board of
 1070  trustees to document compliance with law or Board of Governors’
 1071  rule or regulation.
 1072         (4)If the university board of trustees cannot
 1073  satisfactorily document compliance, the Board of Governors may
 1074  order compliance within a specified timeframe.
 1075         (5)If the Board of Governors determines that a state
 1076  university board of trustees is unwilling or unable to comply
 1077  with law or Board of Governors’ rule or regulation or an audit
 1078  recommendation within the specified time, the Board of
 1079  Governors, in addition to actions constitutionally authorized,
 1080  may initiate any of the following actions:
 1081         (a)Withhold the transfer of state funds, discretionary
 1082  grant funds, discretionary lottery funds, or any other funds
 1083  appropriated to the Board of Governors by the Legislature for
 1084  disbursement to the state university until the university
 1085  complies with the law or Board of Governors’ rule or regulation.
 1086         (b)Declare the state university ineligible for competitive
 1087  grants disbursed by the Board of Governors.
 1088         (c)Require monthly or periodic reporting on the situation
 1089  related to noncompliance until it is remedied.
 1090         (d)Report to the Legislature that the state university is
 1091  unwilling or unable to comply with law or Board of Governors’
 1092  rule or regulation and recommend action to be taken by the
 1093  Legislature.
 1094         (6) This section does not create a private cause of action
 1095  or create any rights for individuals or entities in addition to
 1096  those provided elsewhere in law, rule, or regulation.
 1097         Section 16. Subsection (2) of section 1008.37, Florida
 1098  Statutes, is amended to read:
 1099         1008.37 Postsecondary feedback of information to high
 1100  schools.—
 1101         (2) No later than November 30 of each year, the
 1102  Commissioner of Education shall report, by high school, to the
 1103  State Board of Education, the Board of Governors, and the
 1104  Legislature, no later than November 30 of each year, on the
 1105  number of prior-year prior year Florida high school graduates
 1106  who enrolled for the first time in public postsecondary
 1107  education in this state during the previous summer, fall, or
 1108  spring term. The report must include, indicating the number of
 1109  students whose scores on the common placement test that is
 1110  required under s. 1008.30, indicate indicated the need to attain
 1111  communication and computation skills through developmental
 1112  education options offered by a public postsecondary institution
 1113  or through for remediation through college-preparatory or
 1114  vocational-preparatory instruction pursuant to s. 1004.91 or s.
 1115  1008.30.
 1116         Section 17. Paragraph (a) of subsection (3) of section
 1117  1009.22, Florida Statutes, is amended to read:
 1118         1009.22 Workforce education postsecondary student fees.—
 1119         (3)(a) Except as otherwise provided by law, fees for
 1120  students who are nonresidents for tuition purposes must offset
 1121  the full cost of instruction. Residency of students shall be
 1122  determined as required in s. 1009.21. Fee-nonexempt students
 1123  enrolled in vocational-preparatory instruction shall be charged
 1124  fees equal to the fees charged for adult general education
 1125  programs. Each Florida College System institution that conducts
 1126  college-preparatory and vocational-preparatory instruction in
 1127  the same class section may charge a single fee for both types of
 1128  instruction.
 1129         Section 18. Subsection (1), paragraph (a) of subsection
 1130  (3), and subsection (10) of section 1009.23, Florida Statutes,
 1131  are amended to read:
 1132         1009.23 Florida College System institution student fees.—
 1133         (1) Unless otherwise provided, this section applies only to
 1134  fees charged for college credit instruction leading to an
 1135  associate in arts degree, an associate in applied science
 1136  degree, an associate in science degree, or a baccalaureate
 1137  degree authorized pursuant to s. 1007.33, for developmental
 1138  education noncollege credit college-preparatory courses defined
 1139  in s. 1004.02, and for educator preparation institute programs
 1140  defined in s. 1004.85.
 1141         (3)(a) Effective July 1, 2011, for advanced and
 1142  professional, postsecondary vocational, college preparatory, and
 1143  educator preparation institute programs, the standard tuition is
 1144  shall be $68.56 per credit hour for residents and nonresidents,
 1145  and the out-of-state fee is shall be $205.82 per credit hour.
 1146         (10) Each Florida College System institution board of
 1147  trustees is authorized to establish a separate fee for
 1148  technology, which may not exceed 5 percent of tuition per credit
 1149  hour or credit-hour equivalent for resident students and may not
 1150  exceed 5 percent of tuition and the out-of-state fee per credit
 1151  hour or credit-hour equivalent for nonresident students.
 1152  Revenues generated from the technology fee shall be used to
 1153  enhance instructional technology resources for students and
 1154  faculty. The technology fee may apply to both college credit and
 1155  college-preparatory instruction and shall not be included in any
 1156  award under the Florida Bright Futures Scholarship Program.
 1157  Fifty percent of technology fee revenues may be pledged by a
 1158  Florida College System institution board of trustees as a
 1159  dedicated revenue source for the repayment of debt, including
 1160  lease-purchase agreements, not to exceed the useful life of the
 1161  asset being financed. Revenues generated from the technology fee
 1162  may not be bonded.
 1163         Section 19. Subsection (11) is added to section 1009.26,
 1164  Florida Statutes, to read:
 1165         1009.26 Fee waivers.—
 1166         (11) A Florida College System institution that offers a
 1167  baccalaureate degree for state residents for which the cost of
 1168  tuition and specified fees does not exceed $10,000 for the
 1169  entire degree program may waive any portion or all of the
 1170  following fees for that degree: tuition, the activity and
 1171  service fee, the financial aid fee, the technology fee, the
 1172  capital improvement fee, and the distance-learning fee. The
 1173  Legislature encourages colleges to include at least one industry
 1174  certification from the Postsecondary Industry Certification
 1175  Funding List in a degree program for which such waivers are
 1176  granted.
 1177         Section 20. Section 1009.28, Florida Statutes, is repealed.
 1178         Section 21. Section 1009.285, Florida Statutes, is amended
 1179  to read:
 1180         1009.285 Fees for repeated enrollment in college-credit
 1181  courses.—A student enrolled in the same undergraduate college
 1182  credit course more than once, except for students enrolled in a
 1183  gateway course for an extended period of time under s. 1008.30,
 1184  must twice shall pay tuition at 100 percent of the full cost of
 1185  instruction, and may not be and shall not be included in
 1186  calculations of full-time equivalent enrollments for state
 1187  funding purposes. However, students who withdraw or fail a class
 1188  due to extenuating circumstances may be granted an exception
 1189  only once for each class if, provided that approval is granted
 1190  according to policy established by the Florida College System
 1191  institution board of trustees or the university board of
 1192  trustees. Each Florida College System institution and state
 1193  university may review and reduce fees paid by students due to
 1194  continued enrollment in a college-credit class on an individual
 1195  basis contingent upon the student’s financial hardship. For
 1196  purposes of this section, first-time enrollment in a class means
 1197  shall mean enrollment in a class beginning fall semester 1997,
 1198  and calculations of the full cost of instruction is shall be
 1199  based on the systemwide average of the prior year’s cost of
 1200  undergraduate programs for the Florida College System
 1201  institutions and the state universities. Boards of trustees may
 1202  make exceptions to this section for individualized study,
 1203  elective coursework, courses that are repeated as a requirement
 1204  of a major, and courses that are intended as continuing over
 1205  multiple semesters, excluding the repeat of coursework more than
 1206  once two times to increase grade point average or meet minimum
 1207  course grade requirements.
 1208         Section 22. Paragraph (g) of subsection (4) of section
 1209  1009.286, Florida Statutes, is amended to read:
 1210         1009.286 Additional student payment for hours exceeding
 1211  baccalaureate degree program completion requirements at state
 1212  universities.—
 1213         (4) For purposes of this section, credit hours earned under
 1214  the following circumstances are not calculated as hours required
 1215  to earn a baccalaureate degree:
 1216         (g) Remedial and English as a Second Language credit hours.
 1217         Section 23. Subsection (3) of section 1009.40, Florida
 1218  Statutes, is amended to read:
 1219         1009.40 General requirements for student eligibility for
 1220  state financial aid awards and tuition assistance grants.—
 1221         (3) Undergraduate students are eligible to receive
 1222  financial aid for a maximum of 8 semesters or 12 quarters.
 1223  However, undergraduate students participating in developmental
 1224  education and college-preparatory instruction, students
 1225  requiring additional time to complete the college-level
 1226  communication and computation skills testing programs, or
 1227  students enrolled in a 5-year undergraduate degree program are
 1228  eligible to receive financial aid for a maximum of 10 semesters
 1229  or 15 quarters.
 1230         Section 24. Subsection (10) of section 1009.53, Florida
 1231  Statutes, is amended to read:
 1232         1009.53 Florida Bright Futures Scholarship Program.—
 1233         (10) Funds from any scholarship within the Florida Bright
 1234  Futures Scholarship Program may not be used to pay for
 1235  developmental education remedial or college-preparatory
 1236  coursework.
 1237         Section 25. Subsection (7) of section 1009.531, Florida
 1238  Statutes, is repealed.
 1239         Section 26. Paragraph (b) of subsection (1) and subsection
 1240  (5) of section 1011.84, Florida Statutes, are amended to read:
 1241         1011.84 Procedure for determining state financial support
 1242  and annual apportionment of state funds to each Florida College
 1243  System institution district.—The procedure for determining state
 1244  financial support and the annual apportionment to each Florida
 1245  College System institution district authorized to operate a
 1246  Florida College System institution under the provisions of s.
 1247  1001.61 shall be as follows:
 1248         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 1249  COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
 1250         (b) The allocation of funds for Florida College System
 1251  institutions is shall be based on advanced and professional
 1252  disciplines, developmental education college-preparatory
 1253  programs, and other programs for adults funded pursuant to s.
 1254  1011.80.
 1255         (5) REPORT OF DEVELOPMENTAL REMEDIAL EDUCATION.—Each
 1256  Florida College System institution board of trustees shall
 1257  report, as a separate item in its annual cost accounting system,
 1258  the volume and cost of developmental education options provided
 1259  to help students attain the communication and computation skills
 1260  that are essential for college-level work pursuant to s. 1008.30
 1261  remedial education activities as a separate item in its annual
 1262  cost accounting system.
 1263         Section 27. This act shall take effect July 1, 2013.