Florida Senate - 2017                              CS for SB 374
       
       
        
       By the Committee on Education; and Senators Hukill, Galvano, and
       Simpson
       
       581-01712-17                                           2017374c1
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; providing
    3         a short title; renaming the Florida College System as
    4         the Florida Community College System; creating the
    5         State Board of Community Colleges; requiring the
    6         Governor to appoint the membership of the board;
    7         providing that the appointments are subject to
    8         confirmation by the Senate; requiring the Division of
    9         Florida Colleges to provide administrative support to
   10         the board until a specified date; transferring the
   11         Florida College System and the Division of Florida
   12         Colleges to the State Board of Community Colleges by a
   13         specified date; requiring the State Board of Community
   14         Colleges to appoint a Chancellor of the Florida
   15         Community College System by a specified date; amending
   16         s. 20.15, F.S.; removing the Division of Florida
   17         Colleges from within the Department of Education;
   18         requiring the department to provide support to the
   19         State Board of Community Colleges; creating s. 20.156,
   20         F.S.; creating the State Board of Community Colleges
   21         and assigning and housing it for administrative
   22         purposes, only, within the department; providing the
   23         personnel for the state board; providing the powers
   24         and duties of the state board; requiring the state
   25         board to conduct an organizational meeting by a
   26         specified date; amending s. 1000.03, F.S.; revising
   27         the function and mission of the Florida K-20 education
   28         system; requiring the State Board of Community
   29         Colleges to oversee enforcement of Florida Community
   30         College System laws and rules; amending s. 1000.05,
   31         F.S.; requiring the State Board of Community Colleges,
   32         instead of the Commissioner of Education, to make
   33         certain determinations regarding equal opportunities
   34         at Florida Community College System institutions;
   35         requiring the State Board of Community Colleges to
   36         adopt rules; amending s. 1001.02, F.S.; revising the
   37         general powers of the State Board of Education to
   38         exempt provisions relating to the Florida Community
   39         College System; amending s. 1001.03, F.S.; revising
   40         certain articulation accountability and enforcement
   41         measures; requiring the State Board of Education to
   42         collect information in conjunction with the Board of
   43         Governors and the State Board of Community Colleges;
   44         deleting duties of the State Board of Education
   45         regarding the Florida Community College System;
   46         amending ss. 1001.10 and 1001.11, F.S.; revising the
   47         general powers and duties of the Commissioner of
   48         Education to exempt certain powers and duties related
   49         to the Florida Community College System; amending s.
   50         1001.20, F.S.; revising duties of the Office of
   51         Inspector General within the department regarding the
   52         Florida Community College System; amending s. 1001.28,
   53         F.S.; providing that the powers and duties of the
   54         State Board of Community Colleges are not abrogated,
   55         superseded, altered, or amended by certain provisions
   56         relating to the department’s duties for distance
   57         learning; amending s. 1001.42, F.S.; prohibiting a
   58         technical center governing board from approving
   59         certain types of courses and programs; amending s.
   60         1001.44, F.S.; providing the primary mission of a
   61         career center operated by a district school board;
   62         prohibiting specified career centers from offering
   63         certain courses and programs; amending s. 1001.60,
   64         F.S.; conforming provisions to changes made by the
   65         act; creating s. 1001.601, F.S.; establishing the
   66         State Board of Community Colleges; providing the
   67         membership of the board; creating s. 1001.602, F.S.;
   68         providing the responsibilities and duties of the State
   69         Board of Community Colleges; requiring the board to
   70         coordinate with the State Board of Education; amending
   71         ss. 1001.61, 1001.64, 1001.65, 1001.66, and 1001.67,
   72         F.S.; conforming provisions to changes made by the
   73         act; amending s. 1001.706, F.S.; revising cooperation
   74         duties of the Board of Governors to include
   75         requirements for working with the State Board of
   76         Community Colleges; amending s. 1002.34, F.S.;
   77         providing the primary mission of a charter technical
   78         career center; prohibiting specified career centers or
   79         charter technical career centers from offering certain
   80         courses and programs; requiring the State Board of
   81         Education to adopt rules; amending s. 1003.491, F.S.;
   82         revising the Florida Career and Professional Education
   83         Act to require the State Board of Community Colleges
   84         to recommend, jointly with the Board of Governors and
   85         the Commissioner of Education, certain deadlines for
   86         new core courses; amending s. 1003.493, F.S.; revising
   87         department duties regarding articulation and the
   88         transfer of credits to postsecondary institutions to
   89         include consultation with the State Board of Community
   90         Colleges; amending s. 1004.015, F.S.; providing that
   91         the Higher Education Coordinating Council serves as an
   92         advisory board to, in addition to other bodies, the
   93         State Board of Community Colleges; revising council
   94         reporting requirements to include a report to the
   95         State Board of Community Colleges; requiring the State
   96         Board of Community Colleges, in addition to other
   97         entities, to provide administrative support for the
   98         council; amending ss. 1004.02 and 1004.03, F.S.;
   99         conforming provisions to changes made by the act;
  100         amending s. 1004.04, F.S.; revising department
  101         reporting requirements regarding teacher preparation
  102         programs to require a report to the State Board of
  103         Community Colleges; amending s. 1004.07, F.S.;
  104         providing that the State Board of Community Colleges,
  105         instead of the State Board of Education, provide
  106         guidelines for Florida Community College System
  107         institution boards of trustees’ policies; amending ss.
  108         1004.084, 1004.085, 1004.096, 1004.0961, 1004.35, and
  109         1004.6495, F.S.; conforming provisions to changes made
  110         by the act; amending s. 1004.65, F.S.; revising
  111         Florida Community College System institution
  112         governance, mission, and responsibilities to provide
  113         authority and duties to the State Board of Community
  114         Colleges, instead of the State Board of Education;
  115         providing that offering upper-level instruction and
  116         awarding baccalaureate degrees are a secondary and not
  117         a primary role of a Florida Community College System
  118         institution; amending ss. 1004.67, 1004.70, and
  119         1004.71, F.S.; conforming provisions to changes made
  120         by the act; amending s. 1004.74, F.S.; requiring the
  121         Chancellor of the Florida Community College System,
  122         jointly with the Commissioner of Education, to appoint
  123         members of the Council for the Florida School for the
  124         Arts; amending ss. 1004.78 and 1004.80, F.S.;
  125         conforming provisions to changes made by the act;
  126         amending s. 1004.91, F.S.; requiring the State Board
  127         of Community Colleges, instead of the State Board of
  128         Education, to provide certain rules for Florida
  129         Community College System institutions regarding
  130         requirements for career education program basic
  131         skills; amending s. 1004.92, F.S.; providing
  132         accountability for career education for the State
  133         Board of Community Colleges; revising the department’s
  134         accountability for career education; requiring the
  135         State Board of Education and the State Board of
  136         Community Colleges to adopt rules; amending s.
  137         1004.925, F.S.; revising industry certification
  138         requirements for automotive service technology
  139         education programs to include the State Board of
  140         Community Colleges; amending s. 1004.93, F.S.;
  141         conforming provisions to changes made by the act;
  142         amending s. 1006.60, F.S.; authorizing sanctions for
  143         violations of certain rules of the State Board of
  144         Community Colleges, instead of the State Board of
  145         Education; amending ss. 1006.61, 1006.62, and 1006.71,
  146         F.S.; conforming provisions to changes made by the
  147         act; amending s. 1007.01, F.S.; revising the role of
  148         the State Board of Education and the Board of
  149         Governors in the statewide articulation system to
  150         include the State Board of Community Colleges and the
  151         Chancellor of the Florida Community College System;
  152         amending s. 1007.23, F.S.; requiring each Florida
  153         Community College System institution to execute at
  154         least one “2+2” targeted pathway articulation
  155         agreement by a specified time; providing requirements
  156         and student eligibility for the agreements; requiring
  157         the State Board of Community Colleges and the Board of
  158         Governors to collaborate to eliminate barriers for the
  159         agreements; amending s. 1007.24, F.S.; revising the
  160         statewide course numbering system to include
  161         participation by and input from the State Board of
  162         Community Colleges and the Chancellor of the Florida
  163         Community College System; amending ss. 1007.25,
  164         1007.262, 1007.263, 1007.264, 1007.265, and 1007.27,
  165         F.S.; conforming provisions to changes made by the
  166         act; amending s. 1007.271, F.S.; requiring the State
  167         Board of Education to collaborate with the State Board
  168         of Community Colleges regarding certain articulation
  169         agreements; amending s. 1007.273, F.S.; requiring the
  170         State Board of Community Colleges to enforce
  171         compliance with certain provisions relating to the
  172         collegiate high school program by a specified date
  173         each year; amending s. 1007.33, F.S.; prohibiting
  174         Florida Community College System institutions from
  175         offering bachelor of arts degree programs; deleting
  176         provisions relating to an authorization for the Board
  177         of Trustees of St. Petersburg College to establish
  178         certain baccalaureate degree programs; revising the
  179         approval process for baccalaureate degree programs
  180         proposed by Florida Community College System
  181         institutions; requiring a Florida Community College
  182         System institution to annually report certain
  183         information to the State Board of Community Colleges,
  184         the Chancellor of the State University System, and the
  185         Legislature; revising the circumstances under which a
  186         baccalaureate degree program may be required to be
  187         modified or terminated; requiring the termination of a
  188         baccalaureate degree program under certain
  189         circumstances; restricting total upper-level,
  190         undergraduate full-time equivalent enrollment at
  191         Florida Community College System institutions under
  192         certain circumstances; amending s. 1008.30, F.S.;
  193         requiring the State Board of Community Colleges,
  194         rather than the State Board of Education, to develop
  195         and implement a specified common placement test and
  196         approve a specified series of meta-majors and academic
  197         pathways with the Board of Governors; amending s.
  198         1008.31, F.S.; revising the legislative intent of
  199         Florida’s K-20 education performance and
  200         accountability system to include recommendations from
  201         and reports to the State Board of Community Colleges;
  202         amending s. 1008.32, F.S.; removing the oversight
  203         enforcement authority of the State Board of Education
  204         relating to the Florida Community College System;
  205         amending s. 1008.345, F.S.; removing provisions
  206         requiring the department to maintain a listing of
  207         certain skills associated with the system of
  208         educational accountability; amending s. 1008.37, F.S.;
  209         revising certain student reporting requirements of the
  210         Commissioner of Education to also require a report to
  211         the State Board of Community Colleges; amending s.
  212         1008.38, F.S.; revising the articulation
  213         accountability process to include participation by the
  214         State Board of Community Colleges; amending s.
  215         1008.405, F.S.; requiring the State Board of Community
  216         Colleges to adopt rules for the maintaining of
  217         specific information by Florida Community College
  218         System institutions; amending ss. 1008.44, 1008.45,
  219         1009.21, 1009.22, 1009.23, and 1009.25, F.S.;
  220         conforming provisions to changes made by the act;
  221         amending s. 1009.26, F.S.; requiring that certain
  222         information regarding fee waivers be reported to the
  223         State Board of Community Colleges; requiring the State
  224         Board of Community Colleges to adopt rules; amending
  225         s. 1009.28, F.S.; conforming provisions to changes
  226         made by the act; amending ss. 1009.90 and 1009.91,
  227         F.S.; revising the duties of the department to include
  228         reports to the State Board of Community Colleges;
  229         amending s. 1009.971, F.S.; conforming provisions to
  230         changes made by the act; amending s. 1010.01, F.S.;
  231         requiring the financial records and accounts of
  232         Florida Community College System institutions to
  233         follow rules of the State Board of Community Colleges,
  234         instead of the State Board of Education; requiring
  235         each Florida Community College System institution to
  236         annually file specified financial statements with the
  237         State Board of Community Colleges; amending ss.
  238         1010.02 and 1010.04, F.S.; requiring the funds
  239         accruing to and purchases and leases by Florida
  240         Community College System institutions to follow rules
  241         of the State Board of Community Colleges, instead of
  242         the State Board of Education; amending s. 1010.07,
  243         F.S.; requiring certain contractors to give bonds in
  244         an amount set by the State Board of Community
  245         Colleges; amending s. 1010.08, F.S.; authorizing
  246         Florida Community College System board of trustees to
  247         budget for promotion and public relations from certain
  248         funds; amending ss. 1010.09, 1010.22, 1010.30, and
  249         1010.58, F.S.; conforming provisions to changes made
  250         by the act; amending s. 1011.01, F.S.; requiring each
  251         Florida Community College System institution board of
  252         trustees to submit an annual operating budget
  253         according to rules of the State Board of Community
  254         Colleges; amending s. 1011.011, F.S.; requiring the
  255         State Board of Education to collaborate with the State
  256         Board of Community Colleges for legislative budget
  257         requests relating to Florida Community College System
  258         institutions; amending ss. 1011.30 and 1011.32, F.S.;
  259         conforming provisions to changes made by the act;
  260         amending s. 1011.80, F.S.; conforming provisions to
  261         changes made by the act; authorizing the State Board
  262         of Community Colleges to adopt rules; amending s.
  263         1011.801, F.S.; specifying duties of the State Board
  264         of Community Colleges regarding funds for the
  265         operation of workforce education programs and the
  266         Workforce Development Capitalization Incentive Grant
  267         Program; amending ss. 1011.81, 1011.82, 1011.83,
  268         1011.84, and 1011.85, F.S.; conforming provisions to
  269         changes made by the act; amending s. 1012.01, F.S.;
  270         redefining the term “school officers”; amending ss.
  271         1012.80, 1012.81, 1012.83, 1012.855, and 1012.86,
  272         F.S.; conforming provisions to changes made by the
  273         act; amending s. 1013.01, F.S.; providing that the
  274         term “board” does not include the State Board of
  275         Community Colleges when used in the context of certain
  276         educational facilities provisions; amending ss.
  277         1013.02 and 1013.03, F.S.; requiring the State Board
  278         of Community Colleges to adopt rules for and provide
  279         functions relating to educational facilities; amending
  280         s. 1013.28, F.S.; authorizing Florida Community
  281         College System institution boards of trustees to
  282         dispose of land or real property subject to rules of
  283         the State Board of Community Colleges; amending s.
  284         1013.31, F.S.; specifying the role of the State Board
  285         of Community Colleges in educational plant surveys for
  286         Florida Community College System institutions;
  287         amending ss. 1013.36, 1013.37, and 1013.40, F.S.;
  288         conforming provisions to changes made by the act;
  289         amending s. 1013.47, F.S.; providing that certain
  290         contractors are subject to rules of the State Board of
  291         Community Colleges; amending s. 1013.52, F.S.;
  292         specifying duties of the State Board of Community
  293         Colleges with regard to the cooperative development
  294         and joint use of facilities; amending s. 1013.65,
  295         F.S.; requiring the State Board of Community Colleges
  296         to be provided with copies of authorized allocations
  297         or reallocations for the Public Education Capital
  298         Outlay and Debt Service Trust Fund; requiring the
  299         Board of Governors and the State Board of Community
  300         Colleges to submit a report to the Governor and the
  301         Legislature by a specified date; providing a directive
  302         to the Division of Law Revision and Information;
  303         providing effective dates.
  304          
  305  Be It Enacted by the Legislature of the State of Florida:
  306  
  307         Section 1. This act may be cited as the “College
  308  Competitiveness Act of 2017.”
  309         Section 2. Florida Community College System Governance.—
  310         (1) Effective July 1, 2017:
  311         (a) The Florida College System, established in s. 1001.60,
  312  Florida Statutes, is renamed as the Florida Community College
  313  System.
  314         (b) The State Board of Community Colleges is created,
  315  pursuant to s. 20.156, Florida Statutes, to oversee and
  316  coordinate the Florida Community College System. The Governor
  317  shall appoint the membership of the State Board of Community
  318  Colleges, subject to confirmation by the Senate, in time for the
  319  members to convene for the board’s organizational meeting
  320  pursuant to s. 20.156(5), Florida Statutes.
  321         (c) The Division of Florida Colleges shall provide
  322  administrative support to the State Board of Community Colleges
  323  until September 30, 2017.
  324         (2)(a) Effective October 1, 2017, powers, duties,
  325  functions, records, offices, personnel, property, pending issues
  326  and existing contracts, administrative authority, administrative
  327  rules, and unexpended balances of appropriations, allocations,
  328  and other funds related to the Florida College System and the
  329  Division of Florida Colleges are transferred by a type two
  330  transfer, as defined in s. 20.06(2), Florida Statutes, from the
  331  State Board of Education to the State Board of Community
  332  Colleges.
  333         (b) The State Board of Community Colleges shall appoint a
  334  Chancellor of the Florida Community College System by November
  335  1, 2017, to aid the board in the implementation of its
  336  responsibilities.
  337         (c) Any current State Board of Education approvals,
  338  policies, guidance, and appointments remain effective unless
  339  acted upon by the State Board of Community Colleges.
  340         Section 3. Subsections (3) and (8) of section 20.15,
  341  Florida Statutes, are amended to read:
  342         20.15 Department of Education.—There is created a
  343  Department of Education.
  344         (3) DIVISIONS.—The following divisions of the Department of
  345  Education are established:
  346         (a)Division of Florida Colleges.
  347         (a)(b) Division of Public Schools.
  348         (b)(c) Division of Career and Adult Education.
  349         (c)(d) Division of Vocational Rehabilitation.
  350         (d)(e) Division of Blind Services.
  351         (e)(f) Division of Accountability, Research, and
  352  Measurement.
  353         (f)(g) Division of Finance and Operations.
  354         (g)(h) Office of K-20 Articulation.
  355         (h)(i) The Office of Independent Education and Parental
  356  Choice, which must include the following offices:
  357         1. The Office of Early Learning, which shall be
  358  administered by an executive director who is fully accountable
  359  to the Commissioner of Education. The executive director shall,
  360  pursuant to s. 1001.213, administer the early learning programs,
  361  including the school readiness program and the Voluntary
  362  Prekindergarten Education Program at the state level.
  363         2. The Office of K-12 School Choice, which shall be
  364  administered by an executive director who is fully accountable
  365  to the Commissioner of Education.
  366         (8) SUPPORT SERVICES.—The Department of Education shall
  367  continue to provide support to the Board of Governors of the
  368  State University System and to the State Board of Community
  369  Colleges of the Florida Community College System. At a minimum,
  370  support services provided to the Board of Governors and the
  371  State Board of Community Colleges shall include accounting,
  372  printing, computer and Internet support, personnel and human
  373  resources support, support for accountability initiatives, and
  374  administrative support as needed for trust funds under the
  375  jurisdiction of the Board of Governors and the State Board of
  376  Community Colleges.
  377         Section 4. Effective July 1, 2017, section 20.156, Florida
  378  Statutes, is created to read:
  379         20.156 State Board of Community Colleges.—
  380         (1) GENERAL PROVISIONS.—The State Board of Community
  381  Colleges is created. For the purposes of s. 6, Art. IV of the
  382  State Constitution, the state board shall be assigned to and
  383  administratively housed within the Department of Education.
  384  However, the state board shall independently exercise the powers
  385  and duties in s. 1001.602; is a separate budget program; and is
  386  not subject to control, supervision, or direction by the
  387  department. For purposes of this section, the State Board of
  388  Community Colleges is referred to as the “state board.”
  389         (2) HEAD OF THE FLORIDA COMMUNITY COLLEGE SYSTEM.—The state
  390  board is the head of the Florida Community College System. The
  391  Governor shall appoint the board members, subject to
  392  confirmation by the Senate.
  393         (3) PERSONNEL.—The state board shall appoint a Chancellor
  394  of the Florida Community College System by November 1, 2017, to
  395  aid in carrying out the state board’s duties. The chancellor is
  396  the chief executive officer and secretary to the state board and
  397  directs the activities of the staff of the state board. The
  398  Chancellor of the Division of Florida Colleges shall serve as
  399  the Chancellor of the Florida Community College System until the
  400  state board selects a chancellor.
  401         (4) POWERS AND DUTIES.—Effective October 1, 2017, the state
  402  board shall regulate, control, and be responsible for the
  403  management of the Florida Community College System.
  404         (5) ORGANIZATION.—The state board shall, by September 30,
  405  2017, conduct an organizational meeting to adopt bylaws, elect a
  406  chair and vice chair from the membership, and fix dates and
  407  places for regular meetings.
  408         Section 5. Subsections (2) and (4) of section 1000.03,
  409  Florida Statutes, are amended to read:
  410         1000.03 Function, mission, and goals of the Florida K-20
  411  education system.—
  412         (2)(a) The Legislature shall establish education policy,
  413  enact education laws, and appropriate and allocate education
  414  resources.
  415         (b) With the exception of matters relating to the State
  416  University System and the Florida Community College System, the
  417  State Board of Education shall oversee the enforcement of all
  418  laws and rules, and the timely provision of direction,
  419  resources, assistance, intervention when needed, and strong
  420  incentives and disincentives to force accountability for
  421  results.
  422         (c) The Board of Governors shall oversee the enforcement of
  423  all state university laws and rules and regulations and the
  424  timely provision of direction, resources, assistance,
  425  intervention when needed, and strong incentives and
  426  disincentives to force accountability for results.
  427         (d) The State Board of Community Colleges shall oversee the
  428  enforcement of all Florida Community College System laws and
  429  rules and the timely provision of direction, resources,
  430  assistance, intervention when needed, and strong incentives and
  431  disincentives to force accountability for results.
  432         (4) The mission of Florida’s K-20 education system is to
  433  allow its students to increase their proficiency by allowing
  434  them the opportunity to expand their knowledge and skills
  435  through rigorous and relevant learning opportunities, in
  436  accordance with the mission of the applicable career center or
  437  system statement and the accountability requirements of s.
  438  1008.31, and to avoid wasteful duplication of programs offered
  439  by state universities, Florida Community College System
  440  institutions, and career centers and charter technical career
  441  centers that are operated by a district school board or a
  442  Florida Community College System institution board of trustees.
  443         Section 6. Paragraph (d) of subsection (3) and subsections
  444  (5) and (6) of section 1000.05, Florida Statutes, are amended to
  445  read:
  446         1000.05 Discrimination against students and employees in
  447  the Florida K-20 public education system prohibited; equality of
  448  access required.—
  449         (3)
  450         (d) A public K-20 educational institution which operates or
  451  sponsors interscholastic, intercollegiate, club, or intramural
  452  athletics shall provide equal athletic opportunity for members
  453  of both genders.
  454         1. The Board of Governors shall determine whether equal
  455  opportunities are available at state universities.
  456         2. The Commissioner of Education, for school districts, and
  457  the Chancellor of the Florida Community College System, for
  458  Florida Community College System institutions, shall determine
  459  whether equal opportunities are available in school districts
  460  and Florida Community College System institutions. In
  461  determining whether equal opportunities are available in school
  462  districts and Florida Community College System institutions, the
  463  Commissioner of Education and the Chancellor of the Florida
  464  Community College System shall consider, among other factors:
  465         a. Whether the selection of sports and levels of
  466  competition effectively accommodate the interests and abilities
  467  of members of both genders.
  468         b. The provision of equipment and supplies.
  469         c. Scheduling of games and practice times.
  470         d. Travel and per diem allowances.
  471         e. Opportunities to receive coaching and academic tutoring.
  472         f. Assignment and compensation of coaches and tutors.
  473         g. Provision of locker room, practice, and competitive
  474  facilities.
  475         h. Provision of medical and training facilities and
  476  services.
  477         i. Provision of housing and dining facilities and services.
  478         j. Publicity.
  479  
  480  Unequal aggregate expenditures for members of each gender or
  481  unequal expenditures for male and female teams if a public
  482  school or Florida Community College System institution operates
  483  or sponsors separate teams do not constitute nonimplementation
  484  of this subsection, but the Commissioner of Education shall
  485  consider the failure to provide necessary funds for teams for
  486  one gender in assessing equality of opportunity for members of
  487  each gender.
  488         (5)(a) The State Board of Education shall adopt rules to
  489  implement this section as it relates to school districts and
  490  Florida College System institutions.
  491         (b) The Board of Governors shall adopt regulations to
  492  implement this section as it relates to state universities.
  493         (c) The State Board of Community Colleges shall adopt rules
  494  to implement this section as it relates to Florida Community
  495  College System institutions.
  496         (6) The functions of the State Board of Community Colleges
  497  for Florida Community College System institutions and the Office
  498  of Equal Educational Opportunity of the Department of Education
  499  shall include, but are not limited to:
  500         (a) Requiring all district school boards and Florida
  501  Community College System institution boards of trustees to
  502  develop and submit plans for the implementation of this section
  503  to the Department of Education.
  504         (b) Conducting periodic reviews of school districts and
  505  Florida Community College System institutions to determine
  506  compliance with this section and, after a finding that a school
  507  district or a Florida Community College System institution is
  508  not in compliance with this section, notifying the entity of the
  509  steps that it must take to attain compliance and performing
  510  followup monitoring.
  511         (c) Providing technical assistance, including assisting
  512  school districts or Florida Community College System
  513  institutions in identifying unlawful discrimination and
  514  instructing them in remedies for correction and prevention of
  515  such discrimination and performing followup monitoring.
  516         (d) Conducting studies of the effectiveness of methods and
  517  strategies designed to increase the participation of students in
  518  programs and courses in which students of a particular race,
  519  ethnicity, national origin, gender, disability, or marital
  520  status have been traditionally underrepresented and monitoring
  521  the success of students in such programs or courses, including
  522  performing followup monitoring.
  523         (e) Requiring all district school boards and Florida
  524  Community College System institution boards of trustees to
  525  submit data and information necessary to determine compliance
  526  with this section. The Commissioner of Education, for school
  527  districts, and the Chancellor of the Florida Community College
  528  System, for Florida Community College System institutions, shall
  529  prescribe the format and the date for submission of such data
  530  and any other educational equity data. If any board does not
  531  submit the required compliance data or other required
  532  educational equity data by the prescribed date, the commissioner
  533  shall notify the board of this fact and, if the board does not
  534  take appropriate action to immediately submit the required
  535  report, the State Board of Education shall impose monetary
  536  sanctions.
  537         (f) Based upon rules of the State Board of Education, for
  538  school districts, and the State Board of Community Colleges, for
  539  Florida Community College System institutions, developing and
  540  implementing enforcement mechanisms with appropriate penalties
  541  to ensure that public K-12 schools and Florida Community College
  542  System institutions comply with Title IX of the Education
  543  Amendments of 1972 and subsection (3) of this section. However,
  544  the State Board of Education may not force a public school or
  545  Florida Community College System institution to conduct, nor
  546  penalize such entity for not conducting, a program of athletic
  547  activity or athletic scholarship for female athletes unless it
  548  is an athletic activity approved for women by a recognized
  549  association whose purpose is to promote athletics and a
  550  conference or league exists to promote interscholastic or
  551  intercollegiate competition for women in that athletic activity.
  552         (g) Reporting to the Commissioner of Education, for school
  553  districts, or to the Chancellor of the Florida Community College
  554  System, for Florida Community College System institutions, any
  555  district school board or Florida Community College System
  556  institution board of trustees found to be out of compliance with
  557  rules of the State Board of Education or the State Board of
  558  Community Colleges adopted as required by paragraph (f) or
  559  paragraph (3)(d). To penalize the respective board, the State
  560  Board of Education or the State Board of Community Colleges, as
  561  applicable, shall:
  562         1. Declare the school district or Florida Community College
  563  System institution ineligible for competitive state grants.
  564         2. Notwithstanding the provisions of s. 216.192, direct the
  565  Chief Financial Officer to withhold general revenue funds
  566  sufficient to obtain compliance from the school district or
  567  Florida Community College System institution.
  568  
  569  The school district or Florida Community College System
  570  institution shall remain ineligible and the funds may shall not
  571  be paid until the institution comes into compliance or the State
  572  Board of Education or the State Board of Community Colleges, as
  573  applicable, approves a plan for compliance.
  574         Section 7. Section 1001.02, Florida Statutes, is amended to
  575  read:
  576         1001.02 General powers of State Board of Education.—
  577         (1) The State Board of Education is the chief implementing
  578  and coordinating body of public education in Florida except for
  579  the State University System and the Florida Community College
  580  System, and it shall focus on high-level policy decisions. It
  581  has authority to adopt rules pursuant to ss. 120.536(1) and
  582  120.54 to implement the provisions of law conferring duties upon
  583  it for the improvement of the state system of K-20 public
  584  education except for the State University System and the Florida
  585  Community College System. Except as otherwise provided herein,
  586  it may, as it finds appropriate, delegate its general powers to
  587  the Commissioner of Education or the directors of the divisions
  588  of the department.
  589         (2) The State Board of Education has the following duties:
  590         (a) To adopt comprehensive educational objectives for
  591  public education except for the State University System and the
  592  Florida Community College System.
  593         (b) To adopt comprehensive long-range plans and short-range
  594  programs for the development of the state system of public
  595  education except for the State University System and the Florida
  596  Community College System.
  597         (c) To exercise general supervision over the divisions of
  598  the Department of Education as necessary to ensure coordination
  599  of educational plans and programs and resolve controversies and
  600  to minimize problems of articulation and student transfers, to
  601  ensure that students moving from one level of education to the
  602  next have acquired competencies necessary for satisfactory
  603  performance at that level, and to ensure maximum utilization of
  604  facilities.
  605         (d) To adopt, in consultation with the Board of Governors
  606  and the State Board of Community Colleges, and from time to time
  607  modify, minimum and uniform standards of college-level
  608  communication and computation skills generally associated with
  609  successful performance and progression through the baccalaureate
  610  level and to identify college-preparatory high school coursework
  611  and postsecondary-level coursework that prepares students with
  612  the academic skills necessary to succeed in postsecondary
  613  education.
  614         (e) To adopt and submit to the Governor and Legislature, as
  615  provided in s. 216.023, a coordinated K-20 education budget that
  616  estimates the expenditure requirements for the Board of
  617  Governors, as provided in s. 1001.706, the State Board of
  618  Education, including the Department of Education and the
  619  Commissioner of Education, and all of the boards, institutions,
  620  agencies, and services under the general supervision of the
  621  Board of Governors, as provided in s. 1001.706, the State Board
  622  of Community Colleges, as provided in s. 1001.602, or the State
  623  Board of Education for the ensuing fiscal year. The State Board
  624  of Education may not amend the budget request submitted by the
  625  Board of Governors or the State Board of Community Colleges. Any
  626  program recommended by the Board of Governors, the State Board
  627  of Community Colleges, or the State Board of Education which
  628  will require increases in state funding for more than 1 year
  629  must be presented in a multiyear budget plan.
  630         (f) To hold meetings, transact business, keep records,
  631  adopt a seal, and, except as otherwise provided by law, perform
  632  such other duties as may be necessary for the enforcement of
  633  laws and rules relating to the state system of public education.
  634         (g) To approve plans for cooperating with the Federal
  635  Government.
  636         (h) To approve plans for cooperating with other public
  637  agencies in the development of rules and in the enforcement of
  638  laws for which the state board and such agencies are jointly
  639  responsible.
  640         (i) To review plans for cooperating with appropriate
  641  nonpublic agencies for the improvement of conditions relating to
  642  the welfare of schools.
  643         (j) To create such subordinate advisory bodies as are
  644  required by law or as it finds necessary for the improvement of
  645  education.
  646         (k) To constitute any education bodies or other structures
  647  as required by federal law.
  648         (l) To assist in the economic development of the state by
  649  developing a state-level planning process to identify future
  650  training needs for industry, especially high-technology
  651  industry.
  652         (m) To assist in the planning and economic development of
  653  the state by establishing a clearinghouse for information on
  654  educational programs of value to economic development.
  655         (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
  656  120.54, within statutory authority.
  657         (o) To authorize the allocation of resources in accordance
  658  with law and rule.
  659         (p) To contract with independent institutions accredited by
  660  an agency whose standards are comparable to the minimum
  661  standards required to operate a postsecondary career center
  662  educational institution at that level in the state. The purpose
  663  of the contract is to provide those educational programs and
  664  facilities which will meet needs unfulfilled by the state system
  665  of public postsecondary education.
  666         (q) To recommend that a district school board take action
  667  consistent with the state board’s decision relating to an appeal
  668  of a charter school application.
  669         (r) To enforce systemwide education goals and policies
  670  except as otherwise provided by law.
  671         (s) To establish a detailed procedure for the
  672  implementation and operation of a systemwide K-20 technology
  673  plan that is based on a common set of data definitions.
  674         (t) To establish accountability standards for existing
  675  legislative performance goals, standards, and measures, and
  676  order the development of mechanisms to implement new legislative
  677  goals, standards, and measures.
  678         (u) To adopt criteria and implementation plans for future
  679  growth issues, such as new Florida College System institutions
  680  and Florida College System institution campus mergers, and to
  681  provide for cooperative agreements between and within public and
  682  private education sectors.
  683         (v) To develop, in conjunction with the Board of Governors
  684  and the State Board of Community Colleges, and periodically
  685  review for adjustment, a coordinated 5-year plan for
  686  postsecondary enrollment, identifying enrollment and graduation
  687  expectations by baccalaureate degree program, and annually
  688  submit the plan to the Legislature as part of its legislative
  689  budget request.
  690         (w) Beginning in the 2014-2015 academic year and annually
  691  thereafter, to require each Florida College System institution
  692  prior to registration to provide each enrolled student
  693  electronic access to the economic security report of employment
  694  and earning outcomes prepared by the Department of Economic
  695  Opportunity pursuant to s. 445.07.
  696         (3)(a) The State Board of Education shall adopt a strategic
  697  plan that specifies goals and objectives for the state’s public
  698  schools and Florida College System institutions. The plan shall
  699  be formulated in conjunction with plans of the Board of
  700  Governors and the State Board of Community Colleges in order to
  701  provide for the roles of the universities and Florida Community
  702  College System institutions to be coordinated to best meet state
  703  needs and reflect cost-effective use of state resources. The
  704  strategic plan must clarify the mission statements of each
  705  Florida Community College System institution and the system as a
  706  whole and identify degree programs, including baccalaureate
  707  degree programs, to be offered at each Florida Community College
  708  System institution in accordance with the objectives provided in
  709  this subsection and the coordinated 5-year plan pursuant to
  710  paragraph (2)(v). The strategic plan must cover a period of 5
  711  years, with modification of the program lists after 2 years.
  712  Development of each 5-year plan must be coordinated with and
  713  initiated after completion of the master plan. The strategic
  714  plans must specifically include programs and procedures for
  715  responding to the educational needs of teachers and students in
  716  the public schools of this state and consider reports and
  717  recommendations of the Higher Education Coordinating Council
  718  pursuant to s. 1004.015 and the Articulation Coordinating
  719  Committee pursuant to s. 1007.01. The state board shall submit a
  720  report to the President of the Senate and the Speaker of the
  721  House of Representatives upon modification of the plan and as
  722  part of its legislative budget request.
  723         (b) The State Board of Education, and the Board of
  724  Governors, and the State Board of Community Colleges shall
  725  jointly develop long-range plans and annual reports for
  726  financial aid in this state. The long-range plans shall
  727  establish goals and objectives for a comprehensive program of
  728  financial aid for Florida students and shall be updated every 5
  729  years. The annual report shall include programs administered by
  730  the department as well as awards made from financial aid fee
  731  revenues, any other funds appropriated by the Legislature for
  732  financial assistance, and the value of tuition and fees waived
  733  for students enrolled in a dual enrollment course at a public
  734  postsecondary educational institution. The annual report shall
  735  include an assessment of progress made in achieving goals and
  736  objectives established in the long-range plans and
  737  recommendations for repealing or modifying existing financial
  738  aid programs or establishing new programs. A long-range plan
  739  shall be submitted by January 1, 2004, and every 5 years
  740  thereafter. An annual report shall be submitted on January 1,
  741  2004, and in each successive year that a long-range plan is not
  742  submitted, to the President of the Senate and the Speaker of the
  743  House of Representatives.
  744         (4) The State Board of Education shall:
  745         (a) Provide for each Florida College System institution to
  746  offer educational training and service programs designed to meet
  747  the needs of both students and the communities served.
  748         (b) Specify, by rule, procedures to be used by the Florida
  749  College System institution boards of trustees in the annual
  750  evaluations of presidents and review the evaluations of
  751  presidents by the boards of trustees, including the extent to
  752  which presidents serve both institutional and system goals.
  753         (c) Establish, in conjunction with the Board of Governors,
  754  an effective information system that will provide composite data
  755  concerning the Florida College System institutions and state
  756  universities and ensure that special analyses and studies
  757  concerning the institutions are conducted, as necessary, for
  758  provision of accurate and cost-effective information concerning
  759  the institutions.
  760         (d) Establish criteria for making recommendations for
  761  modifying district boundary lines for Florida College System
  762  institutions, including criteria for service delivery areas of
  763  Florida College System institutions authorized to grant
  764  baccalaureate degrees.
  765         (e) Establish criteria for making recommendations
  766  concerning all proposals for the establishment of additional
  767  centers or campuses for Florida College System institutions.
  768         (f) Examine the annual administrative review of each
  769  Florida College System institution.
  770         (g) adopt and submit to the Legislature a 3-year list of
  771  priorities for fixed-capital-outlay projects. The State Board of
  772  Education may not amend the 3-year list of priorities of the
  773  Board of Governors or the State Board of Community Colleges.
  774         (5) The State Board of Education is responsible for
  775  reviewing and administering the state program of support for the
  776  Florida College System institutions and, subject to existing
  777  law, shall establish the tuition and out-of-state fees for
  778  developmental education and for credit instruction that may be
  779  counted toward an associate in arts degree, an associate in
  780  applied science degree, or an associate in science degree.
  781         (6) The State Board of Education shall prescribe minimum
  782  standards, definitions, and guidelines for Florida College
  783  System institutions that will ensure the quality of education,
  784  coordination among the Florida College System institutions and
  785  state universities, and efficient progress toward accomplishing
  786  the Florida College System institution mission. At a minimum,
  787  these rules must address:
  788         (a) Personnel.
  789         (b) Contracting.
  790         (c) Program offerings and classification, including
  791  college-level communication and computation skills associated
  792  with successful performance in college and with tests and other
  793  assessment procedures that measure student achievement of those
  794  skills. The performance measures must provide that students
  795  moving from one level of education to the next acquire the
  796  necessary competencies for that level.
  797         (d) Provisions for curriculum development, graduation
  798  requirements, college calendars, and program service areas.
  799  These provisions must include rules that:
  800         1. Provide for the award of an associate in arts degree to
  801  a student who successfully completes 60 semester credit hours at
  802  the Florida College System institution.
  803         2. Require all of the credits accepted for the associate in
  804  arts degree to be in the statewide course numbering system as
  805  credits toward a baccalaureate degree offered by a state
  806  university or a Florida College System institution.
  807         3. Require no more than 36 semester credit hours in general
  808  education courses in the subject areas of communication,
  809  mathematics, social sciences, humanities, and natural sciences.
  810  
  811  The rules should encourage Florida College System institutions
  812  to enter into agreements with state universities that allow
  813  Florida College System institution students to complete upper
  814  division-level courses at a Florida College System institution.
  815  An agreement may provide for concurrent enrollment at the
  816  Florida College System institution and the state university and
  817  may authorize the Florida College System institution to offer an
  818  upper-division-level course or distance learning.
  819         (e) Student admissions, conduct and discipline,
  820  nonclassroom activities, and fees.
  821         (f) Budgeting.
  822         (g) Business and financial matters.
  823         (h) Student services.
  824         (i) Reports, surveys, and information systems, including
  825  forms and dates of submission.
  826         Section 8. Subsections (7) through (17) of section 1001.03,
  827  Florida Statutes, are amended to read:
  828         1001.03 Specific powers of State Board of Education.—
  829         (7) ARTICULATION ACCOUNTABILITY.—The State Board of
  830  Education shall develop articulation accountability measures
  831  that assess the status of systemwide articulation processes, in
  832  conjunction with the Board of Governors regarding the State
  833  University System and the State Board of Community Colleges
  834  regarding the Florida Community College System, and shall
  835  establish an articulation accountability process in accordance
  836  with the provisions of chapter 1008, in conjunction with the
  837  Board of Governors regarding the State University System and the
  838  State Board of Community Colleges regarding the Florida
  839  Community College System.
  840         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  841  shall enforce compliance with law and state board rule by all
  842  school districts and public postsecondary educational
  843  institutions, except for institutions within the State
  844  University System and the Florida Community College System, in
  845  accordance with the provisions of s. 1008.32.
  846         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
  847  Education, in conjunction with the Board of Governors regarding
  848  the State University System and the State Board of Community
  849  Colleges regarding the Florida Community College System, shall
  850  continue to collect and maintain, at a minimum, the management
  851  information databases for state universities, community
  852  colleges, and all other components of the public K-20 education
  853  system as such databases existed on June 30, 2002.
  854         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
  855  EDUCATION.—The State Board of Education, in conjunction with the
  856  Board of Governors, shall develop and implement a common
  857  placement test to assess the basic computation and communication
  858  skills of students who intend to enter a degree program at any
  859  Florida College System institution or state university.
  860         (10)(11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
  861  EDUCATION.—The State Board of Education shall adopt minimum
  862  standards relating to nonpublic postsecondary education and
  863  institutions, in accordance with the provisions of chapter 1005.
  864         (12) COMMON POSTSECONDARY DEFINITIONS.—The State Board of
  865  Education shall adopt, by rule, common definitions for associate
  866  in science degrees and for certificates.
  867         (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The
  868  State Board of Education shall provide for the cyclic review of
  869  all academic programs in Florida College System institutions at
  870  least every 7 years. Program reviews shall document how
  871  individual academic programs are achieving stated student
  872  learning and program objectives within the context of the
  873  institution’s mission. The results of the program reviews shall
  874  inform strategic planning, program development, and budgeting
  875  decisions at the institutional level.
  876         (11)(14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
  877  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of
  878  Education shall maintain a uniform classification system for
  879  school district administrative and management personnel that
  880  will facilitate the uniform coding of administrative and
  881  management personnel to total district employees.
  882         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
  883  DEGREE PROGRAMS.—The State Board of Education shall provide for
  884  the review and approval of proposals by Florida College System
  885  institutions to offer baccalaureate degree programs pursuant to
  886  s. 1007.33. A Florida College System institution, as defined in
  887  s. 1000.21, that is approved to offer baccalaureate degrees
  888  pursuant to s. 1007.33 remains under the authority of the State
  889  Board of Education and the Florida College System institution’s
  890  board of trustees. The State Board of Education may not approve
  891  Florida College System institution baccalaureate degree program
  892  proposals from March 31, 2014, through May 31, 2015.
  893         (16) PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
  894  the State Board of Education shall identify performance metrics
  895  for the Florida College System and develop a plan that specifies
  896  goals and objectives for each Florida College System
  897  institution. The plan must include:
  898         (a) Performance metrics and standards common for all
  899  institutions and metrics and standards unique to institutions
  900  depending on institutional core missions, including, but not
  901  limited to, remediation success, retention, graduation,
  902  employment, transfer rates, licensure passage, excess hours,
  903  student loan burden and default rates, job placement, faculty
  904  awards, and highly respected rankings for institution and
  905  program achievements.
  906         (b) Student enrollment and performance data delineated by
  907  method of instruction, including, but not limited to,
  908  traditional, online, and distance learning instruction.
  909         (12)(17) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
  910  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
  911  Education, in consultation with the Board of Governors, the
  912  State Board of Community Colleges, and the Department of
  913  Economic Opportunity, shall adopt a unified state plan to
  914  improve K-20 STEM education and prepare students for high-skill,
  915  high-wage, and high-demand employment in STEM and STEM-related
  916  fields.
  917         Section 9. Subsection (1), paragraphs (g) and (j) of
  918  subsection (6), and subsection (7) of section 1001.10, Florida
  919  Statutes, are amended to read:
  920         1001.10 Commissioner of Education; general powers and
  921  duties.—
  922         (1) The Commissioner of Education is the chief educational
  923  officer of the state and the sole custodian of the K-20 data
  924  warehouse, and is responsible for giving full assistance to the
  925  State Board of Education in enforcing compliance with the
  926  mission and goals of the K-20 education system except for the
  927  State University System and the Florida Community College
  928  System.
  929         (6) Additionally, the commissioner has the following
  930  general powers and duties:
  931         (g) To submit to the State Board of Education, on or before
  932  October 1 of each year, recommendations for a coordinated K-20
  933  education budget that estimates the expenditures for the Board
  934  of Governors, the State Board of Community Colleges, the State
  935  Board of Education, including the Department of Education and
  936  the Commissioner of Education, and all of the boards,
  937  institutions, agencies, and services under the general
  938  supervision of the Board of Governors, the State Board of
  939  Community Colleges, or the State Board of Education for the
  940  ensuing fiscal year. Any program recommended to the State Board
  941  of Education that will require increases in state funding for
  942  more than 1 year must be presented in a multiyear budget plan.
  943         (j) To implement a program of school improvement and
  944  education accountability designed to provide all students the
  945  opportunity to make adequate learning gains in each year of
  946  school as provided by statute and State Board of Education rule
  947  based upon the achievement of the state education goals,
  948  recognizing the following:
  949         1. The district school board is responsible for school and
  950  student performance.
  951         2. The individual school is the unit for education
  952  accountability.
  953         3. The Florida College System institution board of trustees
  954  is responsible for Florida College System institution
  955  performance and student performance.
  956         (7) The commissioner, or the commissioner’s designee, may
  957  conduct a review or investigation of practices, procedures, or
  958  actions at any Florida College System institution which appear
  959  to be inconsistent with sound financial, management, or academic
  960  practice.
  961         Section 10. Paragraphs (c) through (f) of subsection (1)
  962  and subsection (3) of section 1001.11, Florida Statutes, are
  963  amended to read:
  964         1001.11 Commissioner of Education; other duties.—
  965         (1) The Commissioner of Education must independently
  966  perform the following duties:
  967         (c) In cooperation with the Board of Governors and the
  968  State Board of Community Colleges, develop and implement a
  969  process for receiving and processing requests, in conjunction
  970  with the Legislature, for the allocation of PECO funds for
  971  qualified postsecondary education projects.
  972         (d) Integrally work with the boards of trustees of the
  973  Florida College System institutions.
  974         (d)(e) Monitor the activities of the State Board of
  975  Education and provide information related to current and pending
  976  policies to the members of the boards of trustees of the Florida
  977  Community College System institutions and state universities.
  978         (e)(f) Ensure the timely provision of information requested
  979  by the Legislature from the State Board of Education, the
  980  commissioner’s office, and the Department of Education.
  981         (3) Notwithstanding any other provision of law to the
  982  contrary, the Commissioner of Education, in conjunction with the
  983  Legislature, and the Board of Governors regarding the State
  984  University System, and the State Board of Community Colleges
  985  regarding the Florida Community College System, must recommend
  986  funding priorities for the distribution of capital outlay funds
  987  for public postsecondary educational institutions, based on
  988  priorities that include, but are not limited to, the following
  989  criteria:
  990         (a) Growth at the institutions.
  991         (b) Need for specific skills statewide.
  992         (c) Need for maintaining and repairing existing facilities.
  993         Section 11. Paragraph (e) of subsection (4) of section
  994  1001.20, Florida Statutes, is amended to read:
  995         1001.20 Department under direction of state board.—
  996         (4) The Department of Education shall establish the
  997  following offices within the Office of the Commissioner of
  998  Education which shall coordinate their activities with all other
  999  divisions and offices:
 1000         (e) Office of Inspector General.—Organized using existing
 1001  resources and funds and responsible for promoting
 1002  accountability, efficiency, and effectiveness and detecting
 1003  fraud and abuse within school districts and, the Florida School
 1004  for the Deaf and the Blind, and Florida College System
 1005  institutions in Florida. If the Commissioner of Education
 1006  determines that a district school board or, the Board of
 1007  Trustees for the Florida School for the Deaf and the Blind, or a
 1008  Florida College System institution board of trustees is
 1009  unwilling or unable to address substantiated allegations made by
 1010  any person relating to waste, fraud, or financial mismanagement
 1011  within the school district or, the Florida School for the Deaf
 1012  and the Blind, or the Florida College System institution, the
 1013  office shall conduct, coordinate, or request investigations into
 1014  such substantiated allegations. The office shall have access to
 1015  all information and personnel necessary to perform its duties
 1016  and shall have all of its current powers, duties, and
 1017  responsibilities authorized in s. 20.055.
 1018         Section 12. Section 1001.28, Florida Statutes, is amended
 1019  to read:
 1020         1001.28 Distance learning duties.—The duties of the
 1021  Department of Education concerning distance learning include,
 1022  but are not limited to, the duty to:
 1023         (1) Facilitate the implementation of a statewide
 1024  coordinated system and resource system for cost-efficient
 1025  advanced telecommunications services and distance education
 1026  which will increase overall student access to education.
 1027         (2) Coordinate the use of existing resources, including,
 1028  but not limited to, the state’s satellite transponders, the
 1029  Florida Information Resource Network (FIRN), and distance
 1030  learning initiatives.
 1031         (3) Assist in the coordination of the utilization of the
 1032  production and uplink capabilities available through Florida’s
 1033  public television stations, eligible facilities, independent
 1034  colleges and universities, private firms, and others as needed.
 1035         (4) Seek the assistance and cooperation of Florida’s cable
 1036  television providers in the implementation of the statewide
 1037  advanced telecommunications services and distance learning
 1038  network.
 1039         (5) Seek the assistance and cooperation of Florida’s
 1040  telecommunications carriers to provide affordable student access
 1041  to advanced telecommunications services and to distance
 1042  learning.
 1043         (6) Coordinate partnerships for development, acquisition,
 1044  use, and distribution of distance learning.
 1045         (7) Secure and administer funding for programs and
 1046  activities for distance learning from federal, state, local, and
 1047  private sources and from fees derived from services and
 1048  materials.
 1049         (8) Hire appropriate staff which may include a position
 1050  that shall be exempt from part II of chapter 110 and is included
 1051  in the Senior Management Service in accordance with s. 110.205.
 1052  
 1053  Nothing in this section shall be construed to abrogate,
 1054  supersede, alter, or amend the powers and duties of any state
 1055  agency, district school board, Florida Community College System
 1056  institution board of trustees, university board of trustees, the
 1057  Board of Governors, the State Board of Community Colleges, or
 1058  the State Board of Education.
 1059         Section 13. Effective July 1, 2017, subsection (26) of
 1060  section 1001.42, Florida Statutes, is amended to read:
 1061         1001.42 Powers and duties of district school board.—The
 1062  district school board, acting as a board, shall exercise all
 1063  powers and perform all duties listed below:
 1064         (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a
 1065  governing board for a school district technical center or a
 1066  system of technical centers for the purpose of aligning the
 1067  educational programs of the technical center with the needs of
 1068  local businesses and responding quickly to the needs of local
 1069  businesses for employees holding industry certifications. A
 1070  technical center governing board shall be comprised of seven
 1071  members, three of whom must be members of the district school
 1072  board or their designees and four of whom must be local business
 1073  leaders. The district school board shall delegate to the
 1074  technical center governing board decisions regarding entrance
 1075  requirements for students, curriculum, program development,
 1076  budget and funding allocations, and the development with local
 1077  businesses of partnership agreements and appropriate industry
 1078  certifications in order to meet local and regional economic
 1079  needs. A technical center governing board may approve only
 1080  courses and programs that contain industry certifications. A
 1081  course may be continued if at least 25 percent of the students
 1082  enrolled in the course attain an industry certification. If
 1083  fewer than 25 percent of the students enrolled in a course
 1084  attain an industry certification, the course must be
 1085  discontinued the following year. However, notwithstanding the
 1086  authority to approve courses and programs under this subsection,
 1087  a technical center governing board may not approve a college
 1088  credit course or a college credit certificate or an associate
 1089  degree or baccalaureate degree program.
 1090         Section 14. Effective July 1, 2017, section 1001.44,
 1091  Florida Statutes, is amended to read:
 1092         1001.44 Career centers; governance, mission, and
 1093  responsibilities.—
 1094         (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
 1095  CENTERS.—Any district school board, after first obtaining the
 1096  approval of the Department of Education, may, as a part of the
 1097  district school system, organize, establish and operate a career
 1098  center, or acquire and operate a career center previously
 1099  established.
 1100         (a) The primary mission of a career center that is operated
 1101  by a district school board is to promote advances and
 1102  innovations in workforce preparation and economic development. A
 1103  career center may provide a learning environment that serves the
 1104  needs of a specific population group or group of occupations,
 1105  thus promoting diversity and choices within the public technical
 1106  education community in this state.
 1107         (b) A career center that is operated by a district school
 1108  board may not offer a college credit course or a college credit
 1109  certificate or an associate degree or baccalaureate degree
 1110  program.
 1111         (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
 1112  ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
 1113  of any two or more contiguous districts may, upon first
 1114  obtaining the approval of the department, enter into an
 1115  agreement to organize, establish and operate, or acquire and
 1116  operate, a career center under this section.
 1117         (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
 1118  BY A DIRECTOR.—
 1119         (a) A career center established or acquired under
 1120  provisions of law and minimum standards prescribed by the
 1121  commissioner shall comprise a part of the district school system
 1122  and shall mean an educational institution offering terminal
 1123  courses of a technical nature which are not for college credit,
 1124  and courses for out-of-school youth and adults; shall be subject
 1125  to all applicable provisions of this code; shall be under the
 1126  control of the district school board of the school district in
 1127  which it is located; and shall be directed by a director
 1128  responsible through the district school superintendent to the
 1129  district school board of the school district in which the center
 1130  is located.
 1131         (b) Each career center shall maintain an academic
 1132  transcript for each student enrolled in the center. Such
 1133  transcript shall delineate each course completed by the student.
 1134  Courses shall be delineated by the course prefix and title
 1135  assigned pursuant to s. 1007.24. The center shall make a copy of
 1136  a student’s transcript available to any student who requests it.
 1137         Section 15. Section 1001.60, Florida Statutes, is amended
 1138  to read:
 1139         1001.60 Florida Community College System.—
 1140         (1) PURPOSES.—In order to maximize open access for
 1141  students, respond to community needs for postsecondary academic
 1142  education and career degree education, and provide associate and
 1143  baccalaureate degrees that will best meet the state’s employment
 1144  needs, the Legislature establishes a system of governance for
 1145  the Florida Community College System.
 1146         (2) FLORIDA COMMUNITY COLLEGE SYSTEM.—There shall be a
 1147  single Florida Community College System comprised of the Florida
 1148  Community College System institutions identified in s.
 1149  1000.21(3). A Florida Community College System institution may
 1150  not offer graduate degree programs.
 1151         (a) The programs and services offered by Florida Community
 1152  College System institutions in providing associate and
 1153  baccalaureate degrees shall be delivered in a cost-effective
 1154  manner that demonstrates substantial savings to the student and
 1155  to the state over the cost of providing the degree at a state
 1156  university.
 1157         (b)1. With the approval of its district board of trustees,
 1158  a Florida Community College System institution may change the
 1159  institution’s name set forth in s. 1000.21(3) and use the
 1160  designation “college” or “state college” if it has been
 1161  authorized to grant baccalaureate degrees pursuant to s. 1007.33
 1162  and has been accredited as a baccalaureate-degree-granting
 1163  institution by the Commission on Colleges of the Southern
 1164  Association of Colleges and Schools.
 1165         2. With the approval of its district board of trustees, a
 1166  Florida Community College System institution that does not meet
 1167  the criteria in subparagraph 1. may request approval from the
 1168  State Board of Education to change the institution’s name set
 1169  forth in s. 1000.21(3) and use the designation “college.” The
 1170  State Board of Community Colleges Education may approve the
 1171  request if the Florida Community College System institution
 1172  enters into an agreement with the State Board of Community
 1173  Colleges Education to do the following:
 1174         a. Maintain as its primary mission responsibility for
 1175  responding to community needs for postsecondary academic
 1176  education and career degree education as prescribed in s.
 1177  1004.65(5).
 1178         b. Maintain an open-door admissions policy for associate
 1179  level degree programs and workforce education programs.
 1180         c. Continue to provide outreach to underserved populations.
 1181         d. Continue to provide remedial education.
 1182         e. Comply with all provisions of the statewide articulation
 1183  agreement that relate to 2-year and 4-year public degree
 1184  granting institutions as adopted by the State Board of Community
 1185  Colleges Education pursuant to s. 1007.23.
 1186         (c) A district board of trustees that approves a change to
 1187  the name of an institution under paragraph (b) must seek
 1188  statutory codification of such name change in s. 1000.21(3)
 1189  during the next regular legislative session.
 1190         (d) A Florida Community College System institution may not
 1191  use the designation “university.”
 1192         (3) LOCAL BOARDS OF TRUSTEES.—Each institution within the
 1193  Florida Community College System shall be governed by a local
 1194  board of trustees as provided in s. 1001.64. The membership of
 1195  each local board of trustees shall be as provided in s. 1001.61.
 1196         Section 16. Effective July 1, 2017, section 1001.601,
 1197  Florida Statutes, is created to read:
 1198         1001.601 State Board of Community Colleges of the Florida
 1199  Community College System.—
 1200         (1) The State Board of Community Colleges is established as
 1201  a body corporate consisting of 13 members as follows: 12 citizen
 1202  members appointed by the Governor, one of whom must be a student
 1203  currently enrolled in a Florida Community College System
 1204  institution, and the Commissioner of Education. Appointed
 1205  members shall serve staggered 4-year terms. In order to achieve
 1206  staggered terms, beginning September 1, 2017, 4 members shall
 1207  serve a 2-year term, 4 members shall serve a 3-year term, and 4
 1208  members shall serve a 4-year term. Members may be reappointed to
 1209  one additional 4-year term.
 1210         (2) Members of the State Board of Community Colleges may
 1211  not receive compensation but may be reimbursed for travel and
 1212  per diem expenses as provided in s. 112.061.
 1213         Section 17. Section 1001.602, Florida Statutes, is created
 1214  to read:
 1215         1001.602 Powers and duties of the State Board of Community
 1216  Colleges.—
 1217         (1)RESPONSIBILITIES.—The State Board of Community Colleges
 1218  is responsible for the efficient and effective operation and
 1219  maintenance of the Florida Community College System, as defined
 1220  in s. 1001.60. The State Board of Community Colleges may adopt
 1221  rules pursuant to ss. 120.536(1) and 120.54 to implement
 1222  provisions of law for the Florida Community College System. For
 1223  the purposes of this section, the State Board of Community
 1224  Colleges is referred to as the “state board.”
 1225         (2) DUTIES.—The state board has the following duties:
 1226         (a) Ensure Florida Community College System institutions
 1227  operate consistent with the mission of the system, pursuant to
 1228  s. 1004.65.
 1229         (b) Oversee the Florida Community College System and
 1230  coordinate with the Board of Governors and the State Board of
 1231  Education to avoid wasteful duplication of facilities or
 1232  programs.
 1233         (c) Provide for each Florida Community College System
 1234  institution to offer educational training and service programs
 1235  designed to meet the needs of both students and the communities
 1236  served.
 1237         (d) Hold meetings, transact business, keep records, and,
 1238  except as otherwise provided by law, perform such other duties
 1239  as may be necessary for the enforcement of laws and rules
 1240  relating to the Florida Community College System.
 1241         (e) Provide for the coordination of educational plans and
 1242  programs to resolve controversies, minimize problems of
 1243  articulation and student transfers, ensure that students moving
 1244  from one level of education to the next have acquired
 1245  competencies necessary for satisfactory performance at that
 1246  level, and ensure maximum utilization of facilities.
 1247         (f) Establish and review, in consultation with the State
 1248  Board of Education and the Board of Governors, minimum and
 1249  uniform standards of college-level communication and computation
 1250  skills generally associated with successful performance and
 1251  progression through the baccalaureate level, to identify
 1252  college-preparatory high school coursework and postsecondary
 1253  level coursework that prepares students with the academic skills
 1254  necessary to succeed in postsecondary education.
 1255         (g) Approve plans for cooperating with the Federal
 1256  Government.
 1257         (h) Approve plans for cooperating with other public
 1258  agencies in the development of rules and in the enforcement of
 1259  laws for which the state board and the agencies are jointly
 1260  responsible.
 1261         (i) Create subordinate advisory bodies if required by law
 1262  or as necessary for the improvement of the Florida Community
 1263  College System.
 1264         (j) Coordinate with the State Board of Education to collect
 1265  and maintain data for the Florida Community College System.
 1266         (k) Establish, in conjunction with the State Board of
 1267  Education and the Board of Governors, an effective information
 1268  system that will provide composite data concerning the Florida
 1269  Community College System institutions and state universities and
 1270  that will ensure that special analyses and studies concerning
 1271  the institutions are conducted, as necessary, for provision of
 1272  accurate and cost-effective information concerning the
 1273  institutions.
 1274         (l) Establish accountability standards for existing
 1275  legislative performance goals, standards, and measures, and
 1276  order the development of mechanisms to implement new legislative
 1277  goals, standards, and measures.
 1278         (m) Require each Florida Community College System
 1279  institution, before registration, to provide each enrolled
 1280  student electronic access to the economic security report of
 1281  employment and earning outcomes prepared by the Department of
 1282  Economic Opportunity pursuant to s. 445.07.
 1283         (n) Specify, by rule, procedures to be used by Florida
 1284  Community College System institution boards of trustees in the
 1285  annual evaluation of presidents, and review the evaluations of
 1286  presidents by the boards of trustees, including the extent to
 1287  which presidents serve both institutional and system goals.
 1288         (o) Establish, subject to existing law, the tuition and
 1289  out-of-state fees for developmental education and for credit
 1290  instruction that may be counted toward an associate in arts
 1291  degree, an associate in applied science degree, or an associate
 1292  in science degree.
 1293         (p) Develop, in conjunction with the Board of Governors and
 1294  the State Board of Education, and implement a common placement
 1295  test to assess the basic computation and communication skills of
 1296  students who intend to enter a degree program at a Florida
 1297  Community College System institution or state university.
 1298         (q) May direct the Chancellor of the Florida Community
 1299  College System to conduct investigations of practices,
 1300  procedures, or actions at a Florida Community College System
 1301  institution which appear to be inconsistent with sound
 1302  financial, management, or academic practice.
 1303         (r) Examine the annual administrative review of each
 1304  Florida Community College System institution.
 1305         (s) Through the Chancellor of the Florida Community College
 1306  System, integrally work with the boards of trustees of the
 1307  Florida Community College System institutions.
 1308         (t) Establish criteria for making recommendations
 1309  concerning all proposals to establish additional centers or
 1310  campuses for a Florida Community College System institution.
 1311         (3) PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with
 1312  the requirements under subsection (4) and the performance
 1313  metrics and standards adopted under ss. 1001.66 and 1001.67, the
 1314  state board shall identify performance metrics for the Florida
 1315  Community College System and develop a plan that specifies goals
 1316  and objectives for each Florida Community College System
 1317  institution. The plan must include:
 1318         (a) Performance metrics and standards common for all
 1319  institutions and metrics and standards unique to institutions
 1320  depending on institutional core missions, including, but not
 1321  limited to, remediation success, retention, graduation,
 1322  employment, transfer rates, licensure passage, excess hours,
 1323  student loan burden and default rates, job placement, faculty
 1324  awards, and highly respected rankings for institution and
 1325  program achievements.
 1326         (b) Student enrollment and performance data delineated by
 1327  method of instruction, including, but not limited to,
 1328  traditional, online, and distance learning instruction.
 1329         (4) STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.—
 1330         (a) The state board shall adopt a strategic plan that
 1331  specifies goals and objectives for the Florida Community College
 1332  System. The plan must be formulated in conjunction with plans of
 1333  the State Board of Education and the Board of Governors in order
 1334  to coordinate the roles of the school districts and universities
 1335  to best meet state needs and reflect cost-effective use of state
 1336  resources. The strategic plan must clarify the mission
 1337  statements of the Florida Community College System and each
 1338  Florida Community College System institution and identify degree
 1339  programs, including baccalaureate degree programs, to be offered
 1340  at each Florida Community College System institution in
 1341  accordance with the objectives provided in this subsection and
 1342  the coordinated 5-year plan pursuant to s. 1001.02(2)(v). The
 1343  strategic plan must cover a period of 5 years, with modification
 1344  of the program lists after 2 years. Development of each 5-year
 1345  plan must be coordinated with and initiated after completion of
 1346  the master plan. The strategic plan must consider reports and
 1347  recommendations of the Higher Education Coordinating Council
 1348  pursuant to s. 1004.015 and the Articulation Coordinating
 1349  Committee pursuant to s. 1007.01. Upon modification of the plan,
 1350  the state board shall submit a report to the President of the
 1351  Senate and the Speaker of the House of Representatives as part
 1352  of its legislative budget request.
 1353         (b) The state board, the State Board of Education, and the
 1354  Board of Governors shall jointly develop long-range plans and
 1355  annual reports for financial aid in this state. The long-range
 1356  plans must establish goals and objectives for a comprehensive
 1357  program of financial aid for students and shall be updated every
 1358  5 years. The annual report must include programs administered by
 1359  the department as well as awards made from financial aid fee
 1360  revenues, other funds appropriated by the Legislature for
 1361  financial assistance, and the value of tuition and fees waived
 1362  for students enrolled in a dual enrollment course at a public
 1363  postsecondary educational institution. The annual report must
 1364  include an assessment of the progress made in achieving goals
 1365  and objectives established in the long-range plans and must
 1366  include recommendations for repealing or modifying existing
 1367  financial aid programs or establishing new programs. The state
 1368  board, the State Board of Education, and the Board of Governors
 1369  shall submit their long-range plans by July 1, 2018, and every 5
 1370  years thereafter and shall submit their annual reports on July
 1371  1, 2018, and in each successive year that a long-range plan is
 1372  not submitted, to the President of the Senate and the Speaker of
 1373  the House of Representatives.
 1374         (c) The state board shall also:
 1375         1. Adopt comprehensive long-range plans and short-range
 1376  programs for the development of the Florida Community College
 1377  System.
 1378         2. Assist in the economic development of the state by
 1379  developing a state-level planning process to identify future
 1380  training needs for industry, especially high-technology
 1381  industry.
 1382         3. Adopt criteria and implementation plans for future
 1383  growth issues, such as new Florida Community College System
 1384  institutions and Florida Community College System institution
 1385  campus mergers, and provide for cooperative agreements between
 1386  and within public and private education sectors.
 1387         (5) MINIMUM STANDARDS AND GUIDELINES.—The state board shall
 1388  prescribe minimum standards, definitions, and guidelines for
 1389  Florida Community College System institutions which will ensure
 1390  the quality of education, coordination among the Florida
 1391  Community College System institutions and state universities,
 1392  and efficient progress toward accomplishing the Florida
 1393  Community College System institution’s mission. At a minimum,
 1394  these rules must address all of the following:
 1395         (a) Personnel.
 1396         (b) Contracting.
 1397         (c) Program offerings and classification, including
 1398  college-level communication and computation skills associated
 1399  with successful performance in college and with tests and other
 1400  assessment procedures that measure student achievement of those
 1401  skills. The performance measures must provide that students
 1402  moving from one level of education to the next acquire the
 1403  necessary competencies for that level.
 1404         (d) Provisions for curriculum development, graduation
 1405  requirements, college calendars, and program service areas.
 1406  These provisions must include rules that:
 1407         1. Provide for the award of an associate in arts degree to
 1408  a student who successfully completes 60 semester credit hours at
 1409  the Florida Community College System institution.
 1410         2. Require all of the credits accepted for the associate in
 1411  arts degree to be in the statewide course numbering system as
 1412  credits toward a baccalaureate degree offered by a state
 1413  university or a Florida Community College System institution.
 1414         3. Require no more than 36 semester credit hours in general
 1415  education courses in the subject areas of communication,
 1416  mathematics, social sciences, humanities, and natural sciences.
 1417  
 1418  The rules under this paragraph should encourage Florida
 1419  Community College System institutions to enter into agreements
 1420  with state universities which allow a Florida Community College
 1421  System institution student to complete upper-division-level
 1422  courses at a Florida Community College System institution. An
 1423  agreement may provide for concurrent enrollment at the Florida
 1424  Community College System institution and the state university
 1425  and may authorize the Florida Community College System
 1426  institution to offer an upper-division-level course or distance
 1427  learning.
 1428         (e) Student admissions, conduct and discipline;
 1429  nonclassroom activities; and fees.
 1430         (f) Budgeting.
 1431         (g) Business and financial matters.
 1432         (h) Student services.
 1433         (i) Reports, surveys, and information systems, including
 1434  forms and dates of submission.
 1435         (6) CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board
 1436  shall provide for the cyclic review of all academic programs in
 1437  Florida Community College System institutions at least every 7
 1438  years. Program reviews must document how individual academic
 1439  programs are achieving stated student learning and program
 1440  objectives within the context of the institution’s mission. The
 1441  results of the program reviews must inform strategic planning,
 1442  program development, and budgeting decisions at the
 1443  institutional level.
 1444         (7) FLORIDA COMMUNITY COLLEGE SYSTEM INSTITUTION
 1445  BACCALAUREATE DEGREE PROGRAMS.—The state board shall provide for
 1446  the review and approval of proposals by Florida Community
 1447  College System institutions to offer baccalaureate degree
 1448  programs pursuant to s. 1007.33. A Florida Community College
 1449  System institution, as defined in s. 1000.21, which is approved
 1450  to offer baccalaureate degrees pursuant to s. 1007.33 remains
 1451  under the authority of the state board and the Florida Community
 1452  College System institution’s board of trustees.
 1453         (8) MODIFICATIONS TO SERVICE AREA.—The state board shall
 1454  establish criteria for making recommendations for modifying
 1455  district boundary lines for a Florida Community College System
 1456  institution, including criteria for service delivery areas of a
 1457  Florida Community College System institution authorized to grant
 1458  baccalaureate degrees.
 1459         (9) PERFORMANCE OVERSIGHT.—The state board shall oversee
 1460  the performance of Florida Community College System institution
 1461  boards of trustees in enforcement of all laws and rules. Florida
 1462  Community College System institution boards of trustees are
 1463  primarily responsible for compliance with law and state board
 1464  rule.
 1465         (a) In order to ensure compliance with law or state board
 1466  rule, the state board has the authority to request and receive
 1467  information, data, and reports from Florida Community College
 1468  System institutions. The Florida Community College System
 1469  institution president is responsible for the accuracy of the
 1470  information and data reported to the state board.
 1471         (b) The Chancellor of the Florida Community College System
 1472  may investigate allegations of noncompliance with law or state
 1473  board rule and determine probable cause. The Chancellor shall
 1474  report determinations of probable cause to the State Board of
 1475  Community Colleges who shall require the Florida Community
 1476  College System institution board of trustees to document
 1477  compliance with law or state board rule.
 1478         (c) If the Florida Community College System institution
 1479  board of trustees cannot satisfactorily document compliance, the
 1480  state board may order compliance within a specified timeframe.
 1481         (d) If the state board determines that a Florida Community
 1482  College System institution board of trustees is unwilling or
 1483  unable to comply with law or state board rule within the
 1484  specified time, the state board has the authority to initiate
 1485  any of the following actions:
 1486         1. Report to the Legislature that the Florida Community
 1487  College System institution is unwilling or unable to comply with
 1488  law or state board rule and recommend that the Legislature take
 1489  action against the institution;
 1490         2. Withhold the transfer of state funds, discretionary
 1491  grant funds, discretionary lottery funds, or any other funds
 1492  specified as eligible for this purpose by the Legislature until
 1493  the Florida Community College System institution complies with
 1494  the law or state board rule;
 1495         3. Declare the Florida Community College System institution
 1496  ineligible for competitive grants; or
 1497         4. Require monthly or periodic reporting on the situation
 1498  related to noncompliance until it is remedied.
 1499         (e) This section may not be construed to create a private
 1500  cause of action or create any rights for individuals or entities
 1501  in addition to those provided elsewhere in law or rule.
 1502         (10) INSPECTOR GENERAL.—The inspector general is
 1503  responsible for promoting accountability, efficiency, and
 1504  effectiveness and detecting fraud and abuse within Florida
 1505  Community College System institutions. If the Chancellor of the
 1506  Florida Community College System determines that a Florida
 1507  Community College System institution board of trustees is
 1508  unwilling or unable to address substantiated allegations made by
 1509  any person relating to waste, fraud, or financial mismanagement
 1510  within the Florida Community College System institution, the
 1511  inspector general shall conduct, coordinate, or request
 1512  investigations into such substantiated allegations. The
 1513  inspector general shall have access to all information and
 1514  personnel necessary to perform its duties and shall have all of
 1515  his or her current powers, duties, and responsibilities
 1516  authorized in s. 20.055.
 1517         (11) COORDINATION WITH THE STATE BOARD OF EDUCATION.—The
 1518  state board shall coordinate with the State Board of Education:
 1519         (a) Pursuant to s. 1001.02(2)(e), in the adoption of a K-20
 1520  education budget.
 1521         (b) Pursuant to s. 1001.02(4)(g), to adopt and submit to
 1522  the Legislature a 3-year list of priorities for fixed-capital
 1523  outlay projects.
 1524         (12) COMMON POSTSECONDARY DEFINITIONS.—Adopt in
 1525  collaboration with the State Board of Education, by rule,
 1526  definitions for associate in science degrees and for
 1527  certificates offered by Florida Community College System
 1528  institutions.
 1529         Section 18. Section 1001.61, Florida Statutes, is amended
 1530  to read:
 1531         1001.61 Florida Community College System institution boards
 1532  of trustees; membership.—
 1533         (1)  Florida Community College System institution boards of
 1534  trustees shall be comprised of five members when a Florida
 1535  Community College System institution district is confined to one
 1536  school board district; seven members when a Florida Community
 1537  College System institution district is confined to one school
 1538  board district and the board of trustees so elects; and not more
 1539  than nine members when the district contains two or more school
 1540  board districts, as provided by rules of the State Board of
 1541  Community Colleges Education. However, Florida State College at
 1542  Jacksonville shall have an odd number of trustees, and St. Johns
 1543  River State College shall have seven trustees from the three
 1544  county area that the college serves.
 1545         (2) Trustees shall be appointed by the Governor to
 1546  staggered 4-year terms, subject to confirmation by the Senate in
 1547  regular session.
 1548         (3) Members of the board of trustees shall receive no
 1549  compensation but may receive reimbursement for expenses as
 1550  provided in s. 112.061.
 1551         (4) At its first regular meeting after July 1 of each year,
 1552  each Florida Community College System institution board of
 1553  trustees shall organize by electing a chair, whose duty as such
 1554  is to preside at all meetings of the board, to call special
 1555  meetings thereof, and to attest to actions of the board, and a
 1556  vice chair, whose duty as such is to act as chair during the
 1557  absence or disability of the elected chair. It is the further
 1558  duty of the chair of each board of trustees to notify the
 1559  Governor, in writing, whenever a board member fails to attend
 1560  three consecutive regular board meetings in any one fiscal year,
 1561  which absences may be grounds for removal.
 1562         (5) A Florida Community College System institution
 1563  president shall serve as the executive officer and corporate
 1564  secretary of the board of trustees and shall be responsible to
 1565  the board of trustees for setting the agenda for meetings of the
 1566  board of trustees in consultation with the chair. The president
 1567  also serves as the chief administrative officer of the Florida
 1568  Community College System institution, and all the components of
 1569  the institution and all aspects of its operation are responsible
 1570  to the board of trustees through the president.
 1571         Section 19. Section 1001.64, Florida Statutes, is amended
 1572  to read:
 1573         1001.64  Florida Community College System institution
 1574  boards of trustees; powers and duties.—
 1575         (1) The boards of trustees shall be responsible for cost
 1576  effective policy decisions appropriate to the Florida Community
 1577  College System institution’s mission, the implementation and
 1578  maintenance of high-quality education programs within law and
 1579  rules of the State Board of Community Colleges Education, the
 1580  measurement of performance, the reporting of information, and
 1581  the provision of input regarding state policy, budgeting, and
 1582  education standards.
 1583         (2) Each board of trustees is vested with the
 1584  responsibility to govern its respective Florida Community
 1585  College System institution and with such necessary authority as
 1586  is needed for the proper operation and improvement thereof in
 1587  accordance with rules of the State Board of Community Colleges
 1588  Education.
 1589         (3) A board of trustees shall have the power to take action
 1590  without a recommendation from the president and shall have the
 1591  power to require the president to deliver to the board of
 1592  trustees all data and information required by the board of
 1593  trustees in the performance of its duties. A board of trustees
 1594  shall ask the Chancellor of the Florida Community College System
 1595  Commissioner of Education to authorize an investigation of the
 1596  president’s actions by the State Board of Community College’s
 1597  department’s inspector general if the board considers such
 1598  investigation necessary. The inspector general shall provide a
 1599  report detailing each issue under investigation and shall
 1600  recommend corrective action. If the inspector general identifies
 1601  potential legal violations, he or she shall refer the potential
 1602  legal violations to the Commission on Ethics, the Department of
 1603  Law Enforcement, the Attorney General, or another appropriate
 1604  authority.
 1605         (4)(a) The board of trustees, after considering
 1606  recommendations submitted by the Florida Community College
 1607  System institution president, may adopt rules pursuant to ss.
 1608  120.536(1) and 120.54 to implement the provisions of law
 1609  conferring duties upon it. These rules may supplement those
 1610  prescribed by the State Board of Community Colleges Education if
 1611  they will contribute to the more orderly and efficient operation
 1612  of Florida Community College System institutions.
 1613         (b) Each board of trustees is specifically authorized to
 1614  adopt rules, procedures, and policies, consistent with law and
 1615  rules of the State Board of Community Colleges Education,
 1616  related to its mission and responsibilities as set forth in s.
 1617  1004.65, its governance, personnel, budget and finance,
 1618  administration, programs, curriculum and instruction, buildings
 1619  and grounds, travel and purchasing, technology, students,
 1620  contracts and grants, or college property.
 1621         (5) Each board of trustees shall have responsibility for
 1622  the use, maintenance, protection, and control of Florida
 1623  Community College System institution owned or Florida Community
 1624  College System institution controlled buildings and grounds,
 1625  property and equipment, name, trademarks and other proprietary
 1626  marks, and the financial and other resources of the Florida
 1627  Community College System institution. Such authority may include
 1628  placing restrictions on activities and on access to facilities,
 1629  firearms, food, tobacco, alcoholic beverages, distribution of
 1630  printed materials, commercial solicitation, animals, and sound.
 1631         (6) Each board of trustees has responsibility for the
 1632  establishment and discontinuance of program and course offerings
 1633  in accordance with law and rule; provision for instructional and
 1634  noninstructional community services, location of classes, and
 1635  services provided; and dissemination of information concerning
 1636  such programs and services. New programs must be approved
 1637  pursuant to s. 1004.03.
 1638         (7) Each board of trustees has responsibility for: ensuring
 1639  that students have access to general education courses as
 1640  identified in rule; requiring no more than 60 semester hours of
 1641  degree program coursework, including 36 semester hours of
 1642  general education coursework, for an associate in arts degree;
 1643  notifying students that earned hours in excess of 60 semester
 1644  hours may not be accepted by state universities; notifying
 1645  students of unique program prerequisites; and ensuring that
 1646  degree program coursework beyond general education coursework is
 1647  consistent with degree program prerequisite requirements adopted
 1648  pursuant to s. 1007.25(5).
 1649         (8) Each board of trustees has authority for policies
 1650  related to students, enrollment of students, student records,
 1651  student activities, financial assistance, and other student
 1652  services.
 1653         (a) Each board of trustees shall govern admission of
 1654  students pursuant to s. 1007.263 and rules of the State Board of
 1655  Community Colleges Education. A board of trustees may establish
 1656  additional admissions criteria, which shall be included in the
 1657  dual enrollment articulation agreement developed according to s.
 1658  1007.271(21), to ensure student readiness for postsecondary
 1659  instruction. Each board of trustees may consider the past
 1660  actions of any person applying for admission or enrollment and
 1661  may deny admission or enrollment to an applicant because of
 1662  misconduct if determined to be in the best interest of the
 1663  Florida Community College System institution.
 1664         (b) Each board of trustees shall adopt rules establishing
 1665  student performance standards for the award of degrees and
 1666  certificates pursuant to s. 1004.68.
 1667         (c) Boards of trustees are authorized to establish
 1668  intrainstitutional and interinstitutional programs to maximize
 1669  articulation pursuant to s. 1007.22.
 1670         (d) Boards of trustees shall identify their general
 1671  education curricula pursuant to s. 1007.25(6).
 1672         (e) Each board of trustees must adopt a written antihazing
 1673  policy, provide a program for the enforcement of such rules, and
 1674  adopt appropriate penalties for violations of such rules
 1675  pursuant to the provisions of s. 1006.63.
 1676         (f) Each board of trustees may establish a uniform code of
 1677  conduct and appropriate penalties for violation of its rules by
 1678  students and student organizations, including rules governing
 1679  student academic honesty. Such penalties, unless otherwise
 1680  provided by law, may include fines, the withholding of diplomas
 1681  or transcripts pending compliance with rules or payment of
 1682  fines, and the imposition of probation, suspension, or
 1683  dismissal.
 1684         (g) Each board of trustees pursuant to s. 1006.53 shall
 1685  adopt a policy in accordance with rules of the State Board of
 1686  Community Colleges Education that reasonably accommodates the
 1687  religious observance, practice, and belief of individual
 1688  students in regard to admissions, class attendance, and the
 1689  scheduling of examinations and work assignments.
 1690         (9) A board of trustees may contract with the board of
 1691  trustees of a state university for the Florida Community College
 1692  System institution to provide developmental education on the
 1693  state university campus.
 1694         (10) Each board of trustees shall establish fees pursuant
 1695  to ss. 1009.22, 1009.23, 1009.25, 1009.26, and 1009.27.
 1696         (11) Each board of trustees shall submit an institutional
 1697  budget request, including a request for fixed capital outlay,
 1698  and an operating budget to the State Board of Community Colleges
 1699  Education for review in accordance with guidelines established
 1700  by the State Board of Community Colleges Education.
 1701         (12) Each board of trustees shall account for expenditures
 1702  of all state, local, federal, and other funds in the manner
 1703  described by the State Board of Community Colleges Department of
 1704  Education.
 1705         (13) Each board of trustees is responsible for the uses for
 1706  the proceeds of academic improvement trust funds pursuant to s.
 1707  1011.85.
 1708         (14) Each board of trustees shall develop a strategic plan
 1709  specifying institutional goals and objectives for the Florida
 1710  Community College System institution for recommendation to the
 1711  State Board of Community Colleges Education.
 1712         (15) Each board of trustees shall develop an accountability
 1713  plan pursuant to s. 1008.45.
 1714         (16) Each board of trustees must expend performance funds
 1715  provided for workforce education pursuant to the provisions of
 1716  s. 1011.80.
 1717         (17) Each board of trustees is accountable for performance
 1718  in certificate career education and diploma programs pursuant to
 1719  s. 1008.43.
 1720         (18) Each board of trustees shall establish the personnel
 1721  program for all employees of the Florida Community College
 1722  System institution, including the president, pursuant to the
 1723  provisions of chapter 1012 and rules and guidelines of the State
 1724  Board of Community Colleges Education, including: compensation
 1725  and other conditions of employment; recruitment and selection;
 1726  nonreappointment; standards for performance and conduct;
 1727  evaluation; benefits and hours of work; leave policies;
 1728  recognition; inventions and work products; travel; learning
 1729  opportunities; exchange programs; academic freedom and
 1730  responsibility; promotion; assignment; demotion; transfer;
 1731  ethical obligations and conflict of interest; restrictive
 1732  covenants; disciplinary actions; complaints; appeals and
 1733  grievance procedures; and separation and termination from
 1734  employment.
 1735         (19) Each board of trustees shall appoint, suspend, or
 1736  remove the president of the Florida Community College System
 1737  institution. The board of trustees may appoint a search
 1738  committee. The board of trustees shall conduct annual
 1739  evaluations of the president in accordance with rules of the
 1740  State Board of Community Colleges Education and submit such
 1741  evaluations to the State Board of Community Colleges Education
 1742  for review. The evaluation must address the achievement of the
 1743  performance goals established by the accountability process
 1744  implemented pursuant to s. 1008.45 and the performance of the
 1745  president in achieving the annual and long-term goals and
 1746  objectives established in the Florida Community College System
 1747  institution’s employment accountability program implemented
 1748  pursuant to s. 1012.86.
 1749         (20) Each board of trustees is authorized to enter into
 1750  contracts to provide a State Community College System Optional
 1751  Retirement Program pursuant to s. 1012.875 and to enter into
 1752  consortia with other boards of trustees for this purpose.
 1753         (21) Each board of trustees is authorized to purchase
 1754  annuities for its Florida Community College System institution
 1755  personnel who have 25 or more years of creditable service and
 1756  who have reached age 55 and have applied for retirement under
 1757  the Florida Retirement System pursuant to the provisions of s.
 1758  1012.87.
 1759         (22) A board of trustees may defray all costs of defending
 1760  civil actions against officers, employees, or agents of the
 1761  board of trustees pursuant to s. 1012.85.
 1762         (23) Each board of trustees has authority for risk
 1763  management, safety, security, and law enforcement operations.
 1764  Each board of trustees is authorized to employ personnel,
 1765  including police officers pursuant to s. 1012.88, to carry out
 1766  the duties imposed by this subsection.
 1767         (24) Each board of trustees shall provide rules governing
 1768  parking and the direction and flow of traffic within campus
 1769  boundaries. Except for sworn law enforcement personnel, persons
 1770  employed to enforce campus parking rules have no authority to
 1771  arrest or issue citations for moving traffic violations. The
 1772  board of trustees may adopt a uniform code of appropriate
 1773  penalties for violations. Such penalties, unless otherwise
 1774  provided by law, may include the levying of fines, the
 1775  withholding of diplomas or transcripts pending compliance with
 1776  rules or payment of fines, and the imposition of probation,
 1777  suspension, or dismissal. Moneys collected from parking rule
 1778  infractions shall be deposited in appropriate funds at each
 1779  Florida Community College System institution for student
 1780  financial aid purposes.
 1781         (25) Each board of trustees constitutes the contracting
 1782  agent of the Florida Community College System institution. It
 1783  may when acting as a body make contracts, sue, and be sued in
 1784  the name of the board of trustees. In any suit, a change in
 1785  personnel of the board of trustees shall not abate the suit,
 1786  which shall proceed as if such change had not taken place.
 1787         (26) Each board of trustees is authorized to contract for
 1788  the purchase, sale, lease, license, or acquisition in any
 1789  manner, including purchase by installment or lease-purchase
 1790  contract which may provide for the payment of interest on the
 1791  unpaid portion of the purchase price and for the granting of a
 1792  security interest in the items purchased, subject to the
 1793  provisions of subsection (38) and ss. 1009.22 and 1009.23, of
 1794  goods, materials, equipment, and services required by the
 1795  Florida Community College System institution. The board of
 1796  trustees may choose to consolidate equipment contracts under
 1797  master equipment financing agreements made pursuant to s.
 1798  287.064.
 1799         (27) Each board of trustees shall be responsible for
 1800  managing and protecting real and personal property acquired or
 1801  held in trust for use by and for the benefit of such Florida
 1802  Community College System institution. To that end, any board of
 1803  trustees is authorized to be self-insured, to enter into risk
 1804  management programs, or to purchase insurance for whatever
 1805  coverage it may choose, or to have any combination thereof, in
 1806  anticipation of any loss, damage, or destruction. A board of
 1807  trustees may contract for self-insurance services pursuant to s.
 1808  1004.725.
 1809         (28) Each board of trustees is authorized to enter into
 1810  agreements for, and accept, credit card, charge card, and debit
 1811  card payments as compensation for goods, services, tuition, and
 1812  fees. Each Florida Community College System institution is
 1813  further authorized to establish accounts in credit card, charge
 1814  card, and debit card banks for the deposit of sales invoices.
 1815         (29) Each board of trustees may provide incubator
 1816  facilities to eligible small business concerns pursuant to s.
 1817  1004.79.
 1818         (30) Each board of trustees may establish a technology
 1819  transfer center for the purpose of providing institutional
 1820  support to local business and industry and governmental agencies
 1821  in the application of new research in technology pursuant to the
 1822  provisions of s. 1004.78.
 1823         (31) Each board of trustees may establish economic
 1824  development centers for the purpose of serving as liaisons
 1825  between Florida Community College System institutions and the
 1826  business sector pursuant to the provisions of s. 1004.80.
 1827         (32) Each board of trustees may establish a child
 1828  development training center pursuant to s. 1004.81.
 1829         (33) Each board of trustees is authorized to develop and
 1830  produce work products relating to educational endeavors that are
 1831  subject to trademark, copyright, or patent statutes pursuant to
 1832  chapter 1004.
 1833         (34) Each board of trustees shall administer the facilities
 1834  program pursuant to chapter 1013, including but not limited to:
 1835  the construction of public educational and ancillary plants; the
 1836  acquisition and disposal of property; compliance with building
 1837  and life safety codes; submission of data and information
 1838  relating to facilities and construction; use of buildings and
 1839  grounds; establishment of safety and sanitation programs for the
 1840  protection of building occupants; and site planning and
 1841  selection.
 1842         (35) Each board of trustees may exercise the right of
 1843  eminent domain pursuant to the provisions of chapter 1013.
 1844         (36) Each board of trustees may enter into lease-purchase
 1845  arrangements with private individuals or corporations for
 1846  necessary grounds and buildings for Florida Community College
 1847  System institution purposes, other than dormitories, or for
 1848  buildings other than dormitories to be erected for Florida
 1849  Community College System institution purposes. Such arrangements
 1850  shall be paid from capital outlay and debt service funds as
 1851  provided by s. 1011.84(2), with terms not to exceed 30 years at
 1852  a stipulated rate. The provisions of such contracts, including
 1853  building plans, are subject to approval by the Department of
 1854  Education, and no such contract may be entered into without such
 1855  approval.
 1856         (37) Each board of trustees may purchase, acquire, receive,
 1857  hold, own, manage, lease, sell, dispose of, and convey title to
 1858  real property, in the best interests of the Florida Community
 1859  College System institution.
 1860         (38) Each board of trustees is authorized to enter into
 1861  short-term loans and installment, lease-purchase, and other
 1862  financing contracts for a term of not more than 5 years,
 1863  including renewals, extensions, and refundings. Payments on
 1864  short-term loans and installment, lease-purchase, and other
 1865  financing contracts pursuant to this subsection shall be subject
 1866  to annual appropriation by the board of trustees. Each board of
 1867  trustees is authorized to borrow funds and incur long-term debt,
 1868  including promissory notes, installment sales agreements, lease
 1869  purchase agreements, certificates of participation, and other
 1870  similar long-term financing arrangements, only as specifically
 1871  provided in ss. 1009.22(6) and (9) and 1009.23(11) and (12). At
 1872  the option of the board of trustees, bonds issued pursuant to
 1873  ss. 1009.22(6) and (9) and 1009.23(11) and (12) may be secured
 1874  by a combination of revenues authorized to be pledged to bonds
 1875  pursuant to such subsections. Revenue bonds may not be secured
 1876  by or paid from, directly or indirectly, tuition, financial aid
 1877  fees, the Florida Community College System Program Fund, or any
 1878  other operating revenues of a Florida Community College System
 1879  institution. Lease-purchase agreements may be secured by a
 1880  combination of revenues as specifically authorized pursuant to
 1881  ss. 1009.22(7) and 1009.23(10).
 1882         (39) Each board of trustees shall prescribe conditions for
 1883  direct-support organizations to be certified and to use Florida
 1884  Community College System institution property and services.
 1885  Conditions relating to certification must provide for audit
 1886  review and oversight by the board of trustees.
 1887         (40) Each board of trustees may adopt policies pursuant to
 1888  s. 1010.02 that provide procedures for transferring to the
 1889  direct-support organization of that Florida Community College
 1890  System institution for administration by such organization
 1891  contributions made to the Florida Community College System
 1892  institution.
 1893         (41) The board of trustees shall exert every effort to
 1894  collect all delinquent accounts pursuant to s. 1010.03.
 1895         (42) Each board of trustees shall implement a plan, in
 1896  accordance with guidelines of the State Board of Community
 1897  Colleges Education, for working on a regular basis with the
 1898  other Florida Community College System institution boards of
 1899  trustees, representatives of the university boards of trustees,
 1900  and representatives of the district school boards to achieve the
 1901  goals of the seamless education system.
 1902         (43) Each board of trustees has responsibility for
 1903  compliance with state and federal laws, rules, regulations, and
 1904  requirements.
 1905         (44) Each board of trustees may adopt rules, procedures,
 1906  and policies related to institutional governance,
 1907  administration, and management in order to promote orderly and
 1908  efficient operation, including, but not limited to, financial
 1909  management, budget management, physical plant management, and
 1910  property management.
 1911         (45) Each board of trustees may adopt rules and procedures
 1912  related to data or technology, including, but not limited to,
 1913  information systems, communications systems, computer hardware
 1914  and software, and networks.
 1915         (46) Each board of trustees may consider the past actions
 1916  of any person applying for employment and may deny employment to
 1917  a person because of misconduct if determined to be in the best
 1918  interest of the Florida Community College System institution.
 1919         (47) Each contract or employment agreement, or renewal or
 1920  renegotiation of an existing contract or employment agreement,
 1921  containing a provision for severance pay with an officer, agent,
 1922  employee, or contractor must include the provisions required in
 1923  s. 215.425.
 1924         (48) Each board of trustees shall use purchasing agreements
 1925  and state term contracts pursuant to s. 287.056 or enter into
 1926  consortia and cooperative agreements to maximize the purchasing
 1927  power for goods and services. A consortium or cooperative
 1928  agreement may be statewide, regional, or a combination of
 1929  institutions, as appropriate to achieve the lowest cost, with
 1930  the goal of achieving a 5-percent savings on existing contract
 1931  prices through the use of new cooperative arrangements or new
 1932  consortium contracts.
 1933         Section 20. Section 1001.65, Florida Statutes, is amended
 1934  to read:
 1935         1001.65 Florida Community College System institution
 1936  presidents; powers and duties.—The president is the chief
 1937  executive officer of the Florida Community College System
 1938  institution, shall be corporate secretary of the Florida
 1939  Community College System institution board of trustees, and is
 1940  responsible for the operation and administration of the Florida
 1941  Community College System institution. Each Florida Community
 1942  College System institution president shall:
 1943         (1) Recommend the adoption of rules, as appropriate, to the
 1944  Florida Community College System institution board of trustees
 1945  to implement provisions of law governing the operation and
 1946  administration of the Florida Community College System
 1947  institution, which shall include the specific powers and duties
 1948  enumerated in this section. Such rules shall be consistent with
 1949  law, the mission of the Florida Community College System
 1950  institution, and the rules and policies of the State Board of
 1951  Community Colleges Education.
 1952         (2) Prepare a budget request and an operating budget
 1953  pursuant to s. 1011.30 for approval by the Florida Community
 1954  College System institution board of trustees at such time and in
 1955  such format as the State Board of Community Colleges Education
 1956  may prescribe.
 1957         (3) Establish and implement policies and procedures to
 1958  recruit, appoint, transfer, promote, compensate, evaluate,
 1959  reward, demote, discipline, and remove personnel, within law and
 1960  rules of the State Board of Community College Education and in
 1961  accordance with rules or policies approved by the Florida
 1962  Community College System institution board of trustees.
 1963         (4) Govern admissions, subject to law and rules or policies
 1964  of the Florida Community College System institution board of
 1965  trustees and the State Board of Community Colleges Education.
 1966         (5) Approve, execute, and administer contracts for and on
 1967  behalf of the Florida Community College System institution board
 1968  of trustees for licenses; the acquisition or provision of
 1969  commodities, goods, equipment, and services; leases of real and
 1970  personal property; and planning and construction to be rendered
 1971  to or by the Florida Community College System institution,
 1972  provided such contracts are within law and guidelines of the
 1973  State Board of Community Colleges Education and in conformance
 1974  with policies of the Florida Community College System
 1975  institution board of trustees, and are for the implementation of
 1976  approved programs of the Florida Community College System
 1977  institution.
 1978         (6) Act for the Florida Community College System
 1979  institution board of trustees as custodian of all Florida
 1980  Community College System institution property and financial
 1981  resources. The authority vested in the Florida Community College
 1982  System institution president under this subsection includes the
 1983  authority to prioritize the use of Florida Community College
 1984  System institution space, property, equipment, and resources and
 1985  the authority to impose charges for the use of those items.
 1986         (7) Establish the internal academic calendar of the Florida
 1987  Community College System institution within general guidelines
 1988  of the State Board of Community Colleges Education.
 1989         (8) Administer the Florida Community College System
 1990  institution’s program of intercollegiate athletics.
 1991         (9) Recommend to the board of trustees the establishment
 1992  and termination of programs within the approved role and scope
 1993  of the Florida Community College System institution.
 1994         (10) Award degrees.
 1995         (11) Recommend to the board of trustees a schedule of
 1996  tuition and fees to be charged by the Florida Community College
 1997  System institution, within law and rules of the State Board of
 1998  Community Colleges Education.
 1999         (12) Organize the Florida Community College System
 2000  institution to efficiently and effectively achieve the goals of
 2001  the Florida Community College System institution.
 2002         (13) Review periodically the operations of the Florida
 2003  Community College System institution in order to determine how
 2004  effectively and efficiently the Florida Community College System
 2005  institution is being administered and whether it is meeting the
 2006  goals of its strategic plan adopted by the State Board of
 2007  Community Colleges Education.
 2008         (14) Enter into agreements for student exchange programs
 2009  that involve students at the Florida Community College System
 2010  institution and students in other institutions of higher
 2011  learning.
 2012         (15) Approve the internal procedures of student government
 2013  organizations and provide purchasing, contracting, and budgetary
 2014  review processes for these organizations.
 2015         (16) Ensure compliance with federal and state laws, rules,
 2016  regulations, and other requirements that are applicable to the
 2017  Florida Community College System institution.
 2018         (17) Maintain all data and information pertaining to the
 2019  operation of the Florida Community College System institution,
 2020  and report on the attainment by the Florida Community College
 2021  System institution of institutional and statewide performance
 2022  accountability goals.
 2023         (18) Certify to the department a project’s compliance with
 2024  the requirements for expenditure of PECO funds prior to release
 2025  of funds pursuant to the provisions of chapter 1013.
 2026         (19) Provide to the law enforcement agency and fire
 2027  department that has jurisdiction over the Florida Community
 2028  College System institution a copy of the floor plans and other
 2029  relevant documents for each educational facility as defined in
 2030  s. 1013.01(6). After the initial submission of the floor plans
 2031  and other relevant documents, the Florida Community College
 2032  System institution president shall submit, by October 1 of each
 2033  year, revised floor plans and other relevant documents for each
 2034  educational facility that was modified during the preceding
 2035  year.
 2036         (20) Develop and implement jointly with school
 2037  superintendents a comprehensive dual enrollment articulation
 2038  agreement for the students enrolled in their respective school
 2039  districts and service areas pursuant to s. 1007.271(21).
 2040         (21) Have authority, after notice to the student of the
 2041  charges and after a hearing thereon, to expel, suspend, or
 2042  otherwise discipline any student who is found to have violated
 2043  any law, ordinance, or rule or regulation of the State Board of
 2044  Community Colleges Education or of the board of trustees of the
 2045  Florida Community College System institution pursuant to the
 2046  provisions of s. 1006.62.
 2047         (22) Submit an annual employment accountability plan to the
 2048  State Board of Community Colleges Department of Education
 2049  pursuant to the provisions of s. 1012.86.
 2050         (23) Annually evaluate, or have a designee annually
 2051  evaluate, each department chairperson, dean, provost, and vice
 2052  president in achieving the annual and long-term goals and
 2053  objectives of the Florida Community College System institution’s
 2054  employment accountability plan.
 2055         (24) Have vested with the president or the president’s
 2056  designee the authority that is vested with the Florida Community
 2057  College System institution.
 2058         Section 21. Section 1001.66, Florida Statutes, is amended
 2059  to read:
 2060         1001.66  Florida Community College System Performance-Based
 2061  Incentive.—
 2062         (1) A Florida Community College System Performance-Based
 2063  Incentive shall be awarded to Florida Community College System
 2064  institutions using performance-based metrics adopted by the
 2065  State Board of Community Colleges Education. The performance
 2066  based metrics must include retention rates; program completion
 2067  and graduation rates; postgraduation employment, salaries, and
 2068  continuing education for workforce education and baccalaureate
 2069  programs, with wage thresholds that reflect the added value of
 2070  the certificate or degree; and outcome measures appropriate for
 2071  associate of arts degree recipients. The state board shall adopt
 2072  benchmarks to evaluate each institution’s performance on the
 2073  metrics to measure the institution’s achievement of
 2074  institutional excellence or need for improvement and the minimum
 2075  requirements for eligibility to receive performance funding.
 2076         (2) Each fiscal year, the amount of funds available for
 2077  allocation to the Florida Community College System institutions
 2078  based on the performance-based funding model shall consist of
 2079  the state’s investment in performance funding plus institutional
 2080  investments consisting of funds to be redistributed from the
 2081  base funding of the Florida Community College System Program
 2082  Fund as determined in the General Appropriations Act. The State
 2083  Board of Community Colleges Education shall establish minimum
 2084  performance funding eligibility thresholds for the state’s
 2085  investment and the institutional investments. An institution
 2086  that meets the minimum institutional investment eligibility
 2087  threshold, but fails to meet the minimum state investment
 2088  eligibility threshold, shall have its institutional investment
 2089  restored but is ineligible for a share of the state’s investment
 2090  in performance funding. The institutional investment shall be
 2091  restored for all institutions eligible for the state’s
 2092  investment under the performance-based funding model.
 2093         (3)(a) Each Florida Community College System institution’s
 2094  share of the performance funding shall be calculated based on
 2095  its relative performance on the established metrics in
 2096  conjunction with the institutional size and scope.
 2097         (b) A Florida Community College System institution that
 2098  fails to meet the State Board of Community Colleges’ Education’s
 2099  minimum institutional investment performance funding eligibility
 2100  threshold shall have a portion of its institutional investment
 2101  withheld by the state board and must submit an improvement plan
 2102  to the state board which specifies the activities and strategies
 2103  for improving the institution’s performance. The state board
 2104  must review and approve the improvement plan and, if the plan is
 2105  approved, must monitor the institution’s progress in
 2106  implementing the activities and strategies specified in the
 2107  improvement plan. The institution shall submit monitoring
 2108  reports to the state board by December 31 and May 31 of each
 2109  year in which an improvement plan is in place. Beginning in the
 2110  2017-2018 fiscal year, the ability of an institution to submit
 2111  an improvement plan to the state board is limited to 1 fiscal
 2112  year.
 2113         (c) The Chancellor of the Florida Community College System
 2114  Commissioner of Education shall withhold disbursement of the
 2115  institutional investment until the monitoring report is approved
 2116  by the State Board of Community Colleges Education. A Florida
 2117  Community College System institution determined by the state
 2118  board to be making satisfactory progress on implementing the
 2119  improvement plan shall receive no more than one-half of the
 2120  withheld institutional investment in January and the balance of
 2121  the withheld institutional investment in June. An institution
 2122  that fails to make satisfactory progress may not have its full
 2123  institutional investment restored. Any institutional investment
 2124  funds that are not restored shall be redistributed in accordance
 2125  with the state board’s performance-based metrics.
 2126         (4) Distributions of performance funding, as provided in
 2127  this section, shall be made to each of the Florida Community
 2128  College System institutions listed in the Florida Community
 2129  Colleges category in the General Appropriations Act.
 2130         (5) By October 1 of each year, the State Board of Community
 2131  Colleges Education shall submit to the Governor, the President
 2132  of the Senate, and the Speaker of the House of Representatives a
 2133  report on the previous fiscal year’s performance funding
 2134  allocation, which must reflect the rankings and award
 2135  distributions.
 2136         (6) The State Board of Community Colleges Education shall
 2137  adopt rules to administer this section.
 2138         Section 22. Section 1001.67, Florida Statutes, is amended
 2139  to read:
 2140         1001.67 Distinguished Florida Community College System
 2141  Institution Program.—A collaborative partnership is established
 2142  between the State Board of Community Colleges Education and the
 2143  Legislature to recognize the excellence of Florida’s highest
 2144  performing Florida Community College System institutions.
 2145         (1) EXCELLENCE STANDARDS.—The following excellence
 2146  standards are established for the program:
 2147         (a) A 150 percent-of-normal-time completion rate of 50
 2148  percent or higher, as calculated by the Division of Florida
 2149  Colleges.
 2150         (b) A 150 percent-of-normal-time completion rate for Pell
 2151  Grant recipients of 40 percent or higher, as calculated by the
 2152  State Board of Community Division of Florida Colleges.
 2153         (c) A retention rate of 70 percent or higher, as calculated
 2154  by the State Board of Community Division of Florida Colleges.
 2155         (d) A continuing education, or transfer, rate of 72 percent
 2156  or higher for students graduating with an associate of arts
 2157  degree, as reported by the Florida Education and Training
 2158  Placement Information Program (FETPIP).
 2159         (e) A licensure passage rate on the National Council
 2160  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 2161  percent or higher for first-time exam takers, as reported by the
 2162  Board of Nursing.
 2163         (f) A job placement or continuing education rate of 88
 2164  percent or higher for workforce programs, as reported by FETPIP.
 2165         (g) A time-to-degree for students graduating with an
 2166  associate of arts degree of 2.25 years or less for first-time
 2167  in-college students with accelerated college credits, as
 2168  reported by the Southern Regional Education Board.
 2169         (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 2170  Community Colleges Education shall designate each Florida
 2171  Community College System institution that meets five of the
 2172  seven standards identified in subsection (1) as a distinguished
 2173  college.
 2174         (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida Community
 2175  College System institution designated as a distinguished college
 2176  by the State Board of Community Colleges Education is eligible
 2177  for funding as specified in the General Appropriations Act.
 2178         Section 23. Subsection (9) of section 1001.706, Florida
 2179  Statutes, is amended to read:
 2180         1001.706 Powers and duties of the Board of Governors.—
 2181         (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
 2182  shall implement a plan for working on a regular basis with the
 2183  State Board of Education, the State Board of Community Colleges,
 2184  the Commission for Independent Education, the Higher Education
 2185  Coordinating Council, the Articulation Coordinating Committee,
 2186  the university boards of trustees, representatives of the
 2187  Florida Community College System institution boards of trustees,
 2188  representatives of the private colleges and universities, and
 2189  representatives of the district school boards to achieve a
 2190  seamless education system.
 2191         Section 24. Subsections (1) and (18) of section 1002.34,
 2192  Florida Statutes, are amended to read:
 2193         1002.34 Charter technical career centers; governance,
 2194  mission, and responsibilities.—
 2195         (1) MISSION AND AUTHORIZATION.—
 2196         (a) The primary mission of a charter technical career
 2197  center is to promote The Legislature finds that the
 2198  establishment of charter technical career centers can assist in
 2199  promoting advances and innovations in workforce preparation and
 2200  economic development. A charter technical career center may
 2201  provide a learning environment that better serves the needs of a
 2202  specific population group or a group of occupations, thus
 2203  promoting diversity and choices within the public education and
 2204  public postsecondary technical education community in this
 2205  state. Therefore, the creation of such centers is authorized as
 2206  part of the state’s program of public education. A charter
 2207  technical career center may be formed by creating a new school
 2208  or converting an existing school district or Florida Community
 2209  College System institution program to charter technical status.
 2210         (b) A charter technical career center that is operated by a
 2211  district school board may not offer a college credit course or a
 2212  college credit certificate or an associate degree or
 2213  baccalaureate degree program.
 2214         (18) RULES.—The State Board of Education, for technical
 2215  centers operated by school districts, and the State Board of
 2216  Community Colleges, for technical centers operated by Florida
 2217  Community College System institutions, shall adopt rules,
 2218  pursuant to ss. 120.536(1) and 120.54, relating to the
 2219  implementation of charter technical career centers, including
 2220  rules to implement a charter model application form and an
 2221  evaluation instrument in accordance with this section.
 2222         Section 25. Paragraph (b) of subsection (4) of section
 2223  1003.491, Florida Statutes, is amended to read:
 2224         1003.491 Florida Career and Professional Education Act.—The
 2225  Florida Career and Professional Education Act is created to
 2226  provide a statewide planning partnership between the business
 2227  and education communities in order to attract, expand, and
 2228  retain targeted, high-value industry and to sustain a strong,
 2229  knowledge-based economy.
 2230         (4) The State Board of Education shall establish a process
 2231  for the continual and uninterrupted review of newly proposed
 2232  core secondary courses and existing courses requested to be
 2233  considered as core courses to ensure that sufficient rigor and
 2234  relevance is provided for workforce skills and postsecondary
 2235  education and aligned to state curriculum standards.
 2236         (b) The curriculum review committee shall review newly
 2237  proposed core courses electronically. Each proposed core course
 2238  shall be approved or denied within 30 days after submission by a
 2239  district school board or local workforce development board. All
 2240  courses approved as core courses for purposes of middle school
 2241  promotion and high school graduation shall be immediately added
 2242  to the Course Code Directory. Approved core courses shall also
 2243  be reviewed and considered for approval for dual enrollment
 2244  credit. The Board of Governors, the State Board of Community
 2245  Colleges, and the Commissioner of Education shall jointly
 2246  recommend an annual deadline for approval of new core courses to
 2247  be included for purposes of postsecondary admissions and dual
 2248  enrollment credit the following academic year. The State Board
 2249  of Education shall establish an appeals process in the event
 2250  that a proposed course is denied which shall require a consensus
 2251  ruling by the Department of Economic Opportunity and the
 2252  Commissioner of Education within 15 days.
 2253         Section 26. Paragraph (b) of subsection (4) of section
 2254  1003.493, Florida Statutes, is amended to read:
 2255         1003.493 Career and professional academies and career
 2256  themed courses.—
 2257         (4) Each career and professional academy and secondary
 2258  school providing a career-themed course must:
 2259         (b) Include one or more partnerships with postsecondary
 2260  institutions, businesses, industry, employers, economic
 2261  development organizations, or other appropriate partners from
 2262  the local community. Such partnerships with postsecondary
 2263  institutions shall be delineated in articulation agreements and
 2264  include any career and professional academy courses or career
 2265  themed courses that earn postsecondary credit. Such agreements
 2266  may include articulation between the secondary school and public
 2267  or private 2-year and 4-year postsecondary institutions and
 2268  technical centers. The Department of Education, in consultation
 2269  with the Board of Governors and the State Board of Community
 2270  Colleges, shall establish a mechanism to ensure articulation and
 2271  transfer of credits to postsecondary institutions in this state.
 2272  Such partnerships must provide opportunities for:
 2273         1. Instruction from highly skilled professionals who
 2274  possess industry-certification credentials for courses they are
 2275  teaching.
 2276         2. Internships, externships, and on-the-job training.
 2277         3. A postsecondary degree, diploma, or certificate.
 2278         4. The highest available level of industry certification.
 2279         5. Maximum articulation of credits pursuant to s. 1007.23
 2280  upon program completion.
 2281         Section 27. Subsections (4), (5), and (6) of section
 2282  1004.015, Florida Statutes, are amended to read:
 2283         1004.015 Higher Education Coordinating Council.—
 2284         (4) The council shall serve as an advisory board to the
 2285  Legislature, the State Board of Education, and the Board of
 2286  Governors, and the State Board of Community Colleges.
 2287  Recommendations of the council shall be consistent with the
 2288  following guiding principles:
 2289         (a) To achieve within existing resources a seamless
 2290  academic educational system that fosters an integrated continuum
 2291  of kindergarten through graduate school education for Florida’s
 2292  students.
 2293         (b) To promote consistent education policy across all
 2294  educational delivery systems, focusing on students.
 2295         (c) To promote substantially improved articulation across
 2296  all educational delivery systems.
 2297         (d) To promote a system that maximizes educational access
 2298  and allows the opportunity for a high-quality education for all
 2299  Floridians.
 2300         (e) To promote a system of coordinated and consistent
 2301  transfer of credit and data collection for improved
 2302  accountability purposes between the educational delivery
 2303  systems.
 2304         (5) The council shall annually by December 31 submit to the
 2305  Governor, the President of the Senate, the Speaker of the House
 2306  of Representatives, the Board of Governors, the State Board of
 2307  Community Colleges, and the State Board of Education a report
 2308  outlining its recommendations relating to:
 2309         (a) The primary core mission of public and nonpublic
 2310  postsecondary education institutions in the context of state
 2311  access demands and economic development goals.
 2312         (b) Performance outputs and outcomes designed to meet
 2313  annual and long-term state goals, including, but not limited to,
 2314  increased student access, preparedness, retention, transfer, and
 2315  completion. Performance measures must be consistent across
 2316  sectors and allow for a comparison of the state’s performance to
 2317  that of other states.
 2318         (c) The state’s articulation policies and practices to
 2319  ensure that cost benefits to the state are maximized without
 2320  jeopardizing quality. The recommendations shall consider return
 2321  on investment for both the state and students and propose
 2322  systems to facilitate and ensure institutional compliance with
 2323  state articulation policies.
 2324         (d) Workforce development education, specifically
 2325  recommending improvements to the consistency of workforce
 2326  education data collected and reported by Florida Community
 2327  College System institutions and school districts, including the
 2328  establishment of common elements and definitions for any data
 2329  that is used for state and federal funding and program
 2330  accountability.
 2331         (6) The Office of K-20 Articulation, in collaboration with
 2332  the Board of Governors and the State Board of Community Division
 2333  of Florida Colleges, shall provide administrative support for
 2334  the council.
 2335         Section 28. Subsection (7) of section 1004.02, Florida
 2336  Statutes, is amended to read:
 2337         1004.02 Definitions.—As used in this chapter:
 2338         (7) “Applied technology diploma program” means a course of
 2339  study that is part of a technical degree program, is less than
 2340  60 credit hours, and leads to employment in a specific
 2341  occupation. An applied technology diploma program may consist of
 2342  either technical credit or college credit. A public school
 2343  district may offer an applied technology diploma program only as
 2344  technical credit, with college credit awarded to a student upon
 2345  articulation to a Florida Community College System institution.
 2346  Statewide articulation among public schools and Florida
 2347  Community College System institutions is guaranteed by s.
 2348  1007.23, and is subject to guidelines and standards adopted by
 2349  the State Board of Community Colleges Education pursuant to ss.
 2350  1007.24 and 1007.25.
 2351         Section 29. Subsection (2) of section 1004.03, Florida
 2352  Statutes, is amended to read:
 2353         1004.03 Program approval.—
 2354         (2) The State Board of Community Colleges Education shall
 2355  establish criteria for the approval of new programs at Florida
 2356  Community College System institutions, which criteria include,
 2357  but are not limited to, the following:
 2358         (a) New programs may not be approved unless the same
 2359  objectives cannot be met through use of educational technology.
 2360         (b) Unnecessary duplication of programs offered by
 2361  independent institutions shall be avoided.
 2362         (c) Cooperative programs, particularly within regions,
 2363  should be encouraged.
 2364         (d) New programs may be approved only if they are
 2365  consistent with the state master plan adopted by the State Board
 2366  of Community Colleges Education.
 2367         Section 30. Paragraph (f) of subsection (4) of section
 2368  1004.04, Florida Statutes, is amended to read:
 2369         1004.04 Public accountability and state approval for
 2370  teacher preparation programs.—
 2371         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2372  teacher preparation program shall be based upon evidence that
 2373  the program continues to implement the requirements for initial
 2374  approval and upon significant, objective, and quantifiable
 2375  measures of the program and the performance of the program
 2376  completers.
 2377         (f) By January 1 of each year, the Department of Education
 2378  shall report the results of each approved program’s annual
 2379  progress on the performance measures in paragraph (a) as well as
 2380  the current approval status of each program to:
 2381         1. The Governor.
 2382         2. The President of the Senate.
 2383         3. The Speaker of the House of Representatives.
 2384         4. The State Board of Education.
 2385         5. The Board of Governors.
 2386         6. The State Board of Community Colleges.
 2387         7. The Commissioner of Education.
 2388         8.7. Each Florida postsecondary teacher preparation
 2389  program.
 2390         9.8. Each district school superintendent.
 2391         10.9. The public.
 2392  
 2393  This report may include the results of other continued approval
 2394  requirements provided by State Board of Education rule and
 2395  recommendations for improving teacher preparation programs in
 2396  the state.
 2397         Section 31. Section 1004.07, Florida Statutes, is amended
 2398  to read:
 2399         1004.07 Student withdrawal from courses due to military
 2400  service; effect.—
 2401         (1) Each district school board, Florida Community College
 2402  System institution board of trustees, and state university board
 2403  of trustees shall establish policies regarding currently
 2404  enrolled students who are called to, or enlist in, active
 2405  military service.
 2406         (2) Such policies must shall provide that any student
 2407  enrolled in a postsecondary course or courses at a career
 2408  center, a Florida Community College System institution, or a
 2409  state university may shall not incur academic or financial
 2410  penalties by virtue of performing military service on behalf of
 2411  our country. Such student shall be permitted the option of
 2412  either completing the course or courses at a later date without
 2413  penalty or withdrawing from the course or courses with a full
 2414  refund of fees paid. If the student chooses to withdraw, the
 2415  student’s record shall reflect that the withdrawal is due to
 2416  active military service.
 2417         (3) Policies of district school boards must and Florida
 2418  College System institution boards of trustees shall be
 2419  established by rule and pursuant to guidelines of the State
 2420  Board of Education.
 2421         (4) Policies of state university boards of trustees must
 2422  shall be established by regulation and pursuant to guidelines of
 2423  the Board of Governors.
 2424         (5) Policies of Florida Community College System
 2425  institution boards of trustees must be established by rule and
 2426  pursuant to guidelines of the State Board of Community Colleges.
 2427         Section 32. Section 1004.084, Florida Statutes, is amended
 2428  to read:
 2429         1004.084 College affordability.—
 2430         (1) The Board of Governors and the State Board of Community
 2431  Colleges Education shall annually identify strategies to promote
 2432  college affordability for all Floridians by evaluating, at a
 2433  minimum, the impact of:
 2434         (a) Tuition and fees on undergraduate, graduate, and
 2435  professional students at public colleges and universities and
 2436  graduate assistants employed by public universities.
 2437         (b) Federal, state, and institutional financial aid
 2438  policies on the actual cost of attendance for students and their
 2439  families.
 2440         (c) The costs of textbooks and instructional materials.
 2441         (2) By December 31 of each year, beginning in 2016, the
 2442  Board of Governors and the State Board of Community Colleges
 2443  Education shall submit a report on their respective college
 2444  affordability initiatives to the Governor, the President of the
 2445  Senate, and the Speaker of the House of Representatives.
 2446         Section 33. Paragraph (d) of subsection (3) and subsections
 2447  (6), (7), and (8) of section 1004.085, Florida Statutes, are
 2448  amended to read:
 2449         1004.085 Textbook and instructional materials
 2450  affordability.—
 2451         (3) An employee may receive:
 2452         (d) Fees associated with activities such as reviewing,
 2453  critiquing, or preparing support materials for textbooks or
 2454  instructional materials pursuant to guidelines adopted by the
 2455  State Board of Community Colleges Education or the Board of
 2456  Governors.
 2457         (6) Each Florida Community College System institution and
 2458  state university shall post prominently in the course
 2459  registration system and on its website, as early as is feasible,
 2460  but at least 45 days before the first day of class for each
 2461  term, a hyperlink to lists of required and recommended textbooks
 2462  and instructional materials for at least 95 percent of all
 2463  courses and course sections offered at the institution during
 2464  the upcoming term. The lists must include the International
 2465  Standard Book Number (ISBN) for each required and recommended
 2466  textbook and instructional material or other identifying
 2467  information, which must include, at a minimum, all of the
 2468  following: the title, all authors listed, publishers, edition
 2469  number, copyright date, published date, and other relevant
 2470  information necessary to identify the specific textbooks or
 2471  instructional materials required and recommended for each
 2472  course. The State Board of Community Colleges Education and the
 2473  Board of Governors shall include in the policies, procedures,
 2474  and guidelines adopted under subsection (7) certain limited
 2475  exceptions to this notification requirement for classes added
 2476  after the notification deadline.
 2477         (7) After receiving input from students, faculty,
 2478  bookstores, and publishers, the State Board of Community
 2479  Colleges Education and the Board of Governors each shall adopt
 2480  textbook and instructional materials affordability policies,
 2481  procedures, and guidelines for implementation by Florida
 2482  Community College System institutions and state universities,
 2483  respectively, that further efforts to minimize the cost of
 2484  textbooks and instructional materials for students attending
 2485  such institutions while maintaining the quality of education and
 2486  academic freedom. The policies, procedures, and guidelines shall
 2487  address:
 2488         (a) The establishment of deadlines for an instructor or
 2489  department to notify the bookstore of required and recommended
 2490  textbooks and instructional materials so that the bookstore may
 2491  verify availability, source lower cost options when practicable,
 2492  explore alternatives with faculty when academically appropriate,
 2493  and maximize the availability of used textbooks and
 2494  instructional materials.
 2495         (b) Confirmation by the course instructor or academic
 2496  department offering the course, before the textbook or
 2497  instructional materials adoption is finalized, of the intent to
 2498  use all items ordered, particularly each individual item sold as
 2499  part of a bundled package.
 2500         (c) Determination by a course instructor or the academic
 2501  department offering the course, before a textbook or
 2502  instructional material is adopted, of the extent to which a new
 2503  edition differs significantly and substantively from earlier
 2504  versions and the value to the student of changing to a new
 2505  edition or the extent to which an open-access textbook or
 2506  instructional material is available.
 2507         (d) The availability of required and recommended textbooks
 2508  and instructional materials to students otherwise unable to
 2509  afford the cost, including consideration of the extent to which
 2510  an open-access textbook or instructional material may be used.
 2511         (e) Participation by course instructors and academic
 2512  departments in the development, adaptation, and review of open
 2513  access textbooks and instructional materials and, in particular,
 2514  open-access textbooks and instructional materials for high
 2515  demand general education courses.
 2516         (f) Consultation with school districts to identify
 2517  practices that impact the cost of dual enrollment textbooks and
 2518  instructional materials to school districts, including, but not
 2519  limited to, the length of time that textbooks and instructional
 2520  materials remain in use.
 2521         (g) Selection of textbooks and instructional materials
 2522  through cost-benefit analyses that enable students to obtain the
 2523  highest-quality product at the lowest available price, by
 2524  considering:
 2525         1. Purchasing digital textbooks in bulk.
 2526         2. Expanding the use of open-access textbooks and
 2527  instructional materials.
 2528         3. Providing rental options for textbooks and instructional
 2529  materials.
 2530         4. Increasing the availability and use of affordable
 2531  digital textbooks and learning objects.
 2532         5. Developing mechanisms to assist in buying, renting,
 2533  selling, and sharing textbooks and instructional materials.
 2534         6. The length of time that textbooks and instructional
 2535  materials remain in use.
 2536         7. An evaluation of cost savings for textbooks and
 2537  instructional materials which a student may realize if
 2538  individual students are able to exercise opt-in provisions for
 2539  the purchase of the materials.
 2540         (8) The board of trustees of each Florida Community College
 2541  System institution and state university shall report, by
 2542  September 30 of each year, beginning in 2016, to the Chancellor
 2543  of the Florida Community College System or the Chancellor of the
 2544  State University System, as applicable, the textbook and
 2545  instructional materials selection process for general education
 2546  courses with a wide cost variance identified pursuant to
 2547  subsection (4) and high-enrollment courses; specific initiatives
 2548  of the institution designed to reduce the costs of textbooks and
 2549  instructional materials; policies implemented in accordance with
 2550  subsection (6); the number of courses and course sections that
 2551  were not able to meet the textbook and instructional materials
 2552  posting deadline for the previous academic year; and any
 2553  additional information determined by the chancellors. By
 2554  November 1 of each year, beginning in 2016, each chancellor
 2555  shall provide a summary of the information provided by
 2556  institutions to the State Board of Community Colleges Education
 2557  and the Board of Governors, as applicable.
 2558         Section 34. Section 1004.096, Florida Statutes, is amended
 2559  to read:
 2560         1004.096 College credit for military training and education
 2561  courses.—The Board of Governors shall adopt regulations and the
 2562  State Board of Community Colleges Education shall adopt rules
 2563  that enable eligible servicemembers or veterans of the United
 2564  States Armed Forces to earn academic college credit at public
 2565  postsecondary educational institutions for college-level
 2566  training and education acquired in the military. The regulations
 2567  and rules shall include procedures for credential evaluation and
 2568  the award of academic college credit, including, but not limited
 2569  to, equivalency and alignment of military coursework with
 2570  appropriate college courses, course descriptions, type and
 2571  amount of college credit that may be awarded, and transfer of
 2572  credit.
 2573         Section 35. Section 1004.0961, Florida Statutes, is amended
 2574  to read:
 2575         1004.0961 Credit for online courses.—Beginning in the 2015
 2576  2016 school year, The State Board of Community Colleges
 2577  Education shall adopt rules and the Board of Governors shall
 2578  adopt regulations that enable students to earn academic credit
 2579  for online courses, including massive open online courses,
 2580  before initial enrollment at a postsecondary institution. The
 2581  rules of the State Board of Community Colleges Education and
 2582  regulations of the Board of Governors must include procedures
 2583  for credential evaluation and the award of credit, including,
 2584  but not limited to, recommendations for credit by the American
 2585  Council on Education; equivalency and alignment of coursework
 2586  with appropriate courses; course descriptions; type and amount
 2587  of credit that may be awarded; and transfer of credit.
 2588         Section 36. Section 1004.35, Florida Statutes, is amended
 2589  to read:
 2590         1004.35 Broward County campuses of Florida Atlantic
 2591  University; coordination with other institutions.—The State
 2592  Board of Community Colleges Education, the Board of Governors,
 2593  and Florida Atlantic University shall consult with Broward
 2594  College and Florida International University in coordinating
 2595  course offerings at the postsecondary level in Broward County.
 2596  Florida Atlantic University may contract with the Board of
 2597  Trustees of Broward College and with Florida International
 2598  University to provide instruction in courses offered at the
 2599  Southeast Campus. Florida Atlantic University shall increase
 2600  course offerings at the Southeast Campus as facilities become
 2601  available.
 2602         Section 37. Paragraphs (c) and (d) of subsection (5) and
 2603  subsections (8) and (9) of section 1004.6495, Florida Statutes,
 2604  are amended to read:
 2605         1004.6495 Florida Postsecondary Comprehensive Transition
 2606  Program and Florida Center for Students with Unique Abilities.—
 2607         (5) CENTER RESPONSIBILITIES.—The Florida Center for
 2608  Students with Unique Abilities is established within the
 2609  University of Central Florida. At a minimum, the center shall:
 2610         (c) Create the application for the initial approval and
 2611  renewal of approval as an FPCTP for use by an eligible
 2612  institution which, at a minimum, must align with the federal
 2613  comprehensive transition and postsecondary program application
 2614  requirements. Notwithstanding the program approval requirements
 2615  of s. 1004.03, the director shall review applications for the
 2616  initial approval of an application for, or renewal of approval
 2617  of, an FPCTP.
 2618         1. Within 30 days after receipt of an application, the
 2619  director shall issue his or her recommendation regarding
 2620  approval to the Chancellor of the State University System, or
 2621  the Chancellor of the Florida Community College System, or the
 2622  Commissioner of Education, as applicable, or shall give written
 2623  notice to the applicant of any deficiencies in the application,
 2624  which the eligible institution must be given an opportunity to
 2625  correct. Within 15 days after receipt of a notice of
 2626  deficiencies, an eligible institution that chooses to continue
 2627  to seek program approval shall correct the application
 2628  deficiencies and return the application to the center. Within 30
 2629  days after receipt of a revised application, the director shall
 2630  recommend approval or disapproval of the revised application to
 2631  the applicable chancellor or the commissioner, as applicable.
 2632  Within 15 days after receipt of the director’s recommendation,
 2633  the applicable chancellor or the commissioner shall approve or
 2634  disapprove the recommendation. If the applicable chancellor or
 2635  the commissioner does not act on the director’s recommendation
 2636  within 15 days after receipt of such recommendation, the
 2637  comprehensive transition program proposed by the institution
 2638  shall be considered approved.
 2639         2. Initial approval of an application for an FPCTP that
 2640  meets the requirements of this section is valid for the 3
 2641  academic years immediately following the academic year during
 2642  which the approval is granted. An eligible institution may
 2643  submit an application to the center requesting that the initial
 2644  approval be renewed. If the approval is granted and the FPCTP
 2645  continues to meet the requirements of this section, including,
 2646  but not limited to, program and student performance outcomes,
 2647  and federal requirements, a renewal is valid for the 5 academic
 2648  years immediately following the academic year during which the
 2649  renewal is granted.
 2650         3. An application must, at a minimum:
 2651         a. Identify a credential associated with the proposed
 2652  program which will be awarded to eligible students upon
 2653  completion of the FPCTP.
 2654         b. Outline the program length and design, including, at a
 2655  minimum, inclusive and successful experiential education
 2656  practices relating to curricular, assessment, and advising
 2657  structure and internship and employment opportunities, which
 2658  must support students with intellectual disabilities who are
 2659  seeking to continue academic, career and technical, and
 2660  independent living instruction at an eligible institution,
 2661  including, but not limited to, opportunities to earn industry
 2662  certifications, to prepare students for gainful employment. If
 2663  an eligible institution offers a credit-bearing degree program,
 2664  the institution is responsible for maintaining the rigor and
 2665  effectiveness of a comprehensive transition degree program at
 2666  the same level as other comparable degree programs offered by
 2667  the institution pursuant to applicable accreditation standards.
 2668         c. Outline a plan for students with intellectual
 2669  disabilities to be integrated socially and academically with
 2670  nondisabled students, to the maximum extent possible, and to
 2671  participate on not less than a half-time basis, as determined by
 2672  the eligible institution, with such participation focusing on
 2673  academic components and occurring through one or more of the
 2674  following activities with nondisabled students:
 2675         (I) Regular enrollment in credit-bearing courses offered by
 2676  the institution.
 2677         (II) Auditing or participating in courses offered by the
 2678  institution for which the student does not receive academic
 2679  credit.
 2680         (III) Enrollment in noncredit-bearing, nondegree courses.
 2681         (IV) Participation in internships or work-based training.
 2682         d. Outline a plan for partnerships with businesses to
 2683  promote experiential training and employment opportunities for
 2684  students with intellectual disabilities.
 2685         e. Identify performance indicators pursuant to subsection
 2686  (8) and other requirements identified by the center.
 2687         f. Outline a 5-year plan incorporating enrollment and
 2688  operational expectations for the program.
 2689         (d) Provide technical assistance regarding programs and
 2690  services for students with intellectual disabilities to
 2691  administrators, instructors, staff, and others, as applicable,
 2692  at eligible institutions by:
 2693         1. Holding meetings and annual workshops to share
 2694  successful practices and to address issues or concerns.
 2695         2. Facilitating collaboration between eligible institutions
 2696  and school districts, private schools operating pursuant to s.
 2697  1002.42, and parents of students enrolled in home education
 2698  programs operating pursuant to s. 1002.41 in assisting students
 2699  with intellectual disabilities and their parents to plan for the
 2700  transition of such students into an FPCTP or another program at
 2701  an eligible institution.
 2702         3. Assisting eligible institutions with FPCTP and federal
 2703  comprehensive transition and postsecondary program applications.
 2704         4. Assisting eligible institutions with the identification
 2705  of funding sources for an FPCTP and for student financial
 2706  assistance for students enrolled in an FPCTP.
 2707         5. Monitoring federal and state law relating to the
 2708  comprehensive transition program and notifying the Legislature,
 2709  the Governor, the Board of Governors, the State Board of
 2710  Community Colleges, and the State Board of Education of any
 2711  change in law which may impact the implementation of this
 2712  section.
 2713         (8) ACCOUNTABILITY.—
 2714         (a) The center, in collaboration with the Board of
 2715  Governors and the State Board of Community Colleges Education,
 2716  shall identify indicators for the satisfactory progress of a
 2717  student in an FPCTP and for the performance of such programs.
 2718  Each eligible institution must address the indicators identified
 2719  by the center in its application for the approval of a proposed
 2720  program and for the renewal of an FPCTP and in the annual report
 2721  that the institution submits to the center.
 2722         (b) By October 1 of each year, the center shall provide to
 2723  the Governor, the President of the Senate, the Speaker of the
 2724  House of Representatives, the Chancellor of the State University
 2725  System, and the Chancellor of the Florida Community College
 2726  System Commissioner of Education a report summarizing
 2727  information including, but not limited to:
 2728         1. The status of the statewide coordination of FPCTPs and
 2729  the implementation of FPCTPs at eligible institutions including,
 2730  but not limited to:
 2731         a. The number of applications approved and disapproved and
 2732  the reasons for each disapproval and no action taken by the
 2733  chancellor or the commissioner.
 2734         b. The number and value of all scholarships awarded to
 2735  students and undisbursed advances remitted to the center
 2736  pursuant to subsection (7).
 2737         2. Indicators identified by the center pursuant to
 2738  paragraph (a) and the performance of each eligible institution
 2739  based on the indicators identified in paragraph (6)(c).
 2740         3. The projected number of students with intellectual
 2741  disabilities who may be eligible to enroll in the FPCTPs within
 2742  the next academic year.
 2743         4. Education programs and services for students with
 2744  intellectual disabilities which are available at eligible
 2745  institutions.
 2746         (c) Beginning in the 2016-2017 fiscal year, the center, in
 2747  collaboration with the Board of Governors, State Board of
 2748  Community Colleges Education, Higher Education Coordinating
 2749  Council, and other stakeholders, by December 1 of each year,
 2750  shall submit to the Governor, the President of the Senate, and
 2751  the Speaker of the House of Representatives statutory and budget
 2752  recommendations for improving the implementation and delivery of
 2753  FPCTPs and other education programs and services for students
 2754  with disabilities.
 2755         (9) RULES.—The Board of Governors and the State Board of
 2756  Community Colleges Education, in consultation with the center,
 2757  shall expeditiously adopt any necessary regulations and rules,
 2758  as applicable, to allow the center to perform its
 2759  responsibilities pursuant to this section beginning in the 2016
 2760  2017 fiscal year.
 2761         Section 38. Section 1004.65, Florida Statutes, is amended
 2762  to read:
 2763         1004.65 Florida Community College System institutions;
 2764  governance, mission, and responsibilities.—
 2765         (1) Each Florida Community College System institution shall
 2766  be governed by a district board of trustees under statutory
 2767  authority and rules of the State Board of Community Colleges
 2768  Education.
 2769         (2) Each Florida Community College System institution
 2770  district shall:
 2771         (a) Consist of the county or counties served by the Florida
 2772  Community College System institution pursuant to s. 1000.21(3).
 2773         (b) Be an independent, separate, legal entity created for
 2774  the operation of a Florida Community College System institution.
 2775         (3) Florida Community College System institutions are
 2776  locally based and governed entities with statutory and funding
 2777  ties to state government. As such, the mission for Florida
 2778  Community College System institutions reflects a commitment to
 2779  be responsive to local educational needs and challenges. In
 2780  achieving this mission, Florida Community College System
 2781  institutions strive to maintain sufficient local authority and
 2782  flexibility while preserving appropriate legal accountability to
 2783  the state.
 2784         (4) As comprehensive institutions, Florida Community
 2785  College System institutions shall provide high-quality,
 2786  affordable education and training opportunities, shall foster a
 2787  climate of excellence, and shall provide opportunities to all
 2788  while combining high standards with an open-door admission
 2789  policy for lower-division programs. Florida Community College
 2790  System institutions shall, as open-access institutions, serve
 2791  all who can benefit, without regard to age, race, gender, creed,
 2792  or ethnic or economic background, while emphasizing the
 2793  achievement of social and educational equity so that all can be
 2794  prepared for full participation in society.
 2795         (5) The primary mission and responsibility of Florida
 2796  Community College System institutions is responding to community
 2797  needs for postsecondary academic education and career degree
 2798  education. This mission and responsibility includes being
 2799  responsible for:
 2800         (a) Providing lower-level lower level undergraduate
 2801  instruction and awarding associate degrees.
 2802         (b) Preparing students directly for careers requiring less
 2803  than baccalaureate degrees. This may include preparing for job
 2804  entry, supplementing of skills and knowledge, and responding to
 2805  needs in new areas of technology. Career education in a Florida
 2806  Community College System institution consists shall consist of
 2807  career certificates, nationally recognized industry
 2808  certifications, credit courses leading to associate in science
 2809  degrees and associate in applied science degrees, and other
 2810  programs in fields requiring substantial academic work,
 2811  background, or qualifications. A Florida Community College
 2812  System institution may offer career education programs in fields
 2813  having lesser academic or technical requirements.
 2814         (c) Providing student development services, including
 2815  assessment, student tracking, support for disabled students,
 2816  advisement, counseling, financial aid, career development, and
 2817  remedial and tutorial services, to ensure student success.
 2818         (d) Promoting economic development for the state within
 2819  each Florida Community College System institution district
 2820  through the provision of special programs, including, but not
 2821  limited to, the:
 2822         1. Enterprise Florida-related programs.
 2823         2. Technology transfer centers.
 2824         3. Economic development centers.
 2825         4. Workforce literacy programs.
 2826         (e) Providing dual enrollment instruction.
 2827         (f) Providing upper level instruction and awarding
 2828  baccalaureate degrees as specifically authorized by law.
 2829         (6) A separate and secondary role for Florida Community
 2830  College System institutions includes the offering of programs
 2831  in:
 2832         (a) Programs in community services that are not directly
 2833  related to academic or occupational advancement.
 2834         (b) Programs in adult education services, including adult
 2835  basic education, adult general education, adult secondary
 2836  education, and high school equivalency examination instruction.
 2837         (c) Programs in recreational and leisure services.
 2838         (d) Upper-level instruction and awarding baccalaureate
 2839  degrees as specifically authorized by law.
 2840         (7) Funding for Florida Community College System
 2841  institutions must shall reflect their mission as follows:
 2842         (a) Postsecondary academic and career education programs
 2843  and adult general education programs must shall have first
 2844  priority in Florida Community College System institution
 2845  funding.
 2846         (b) Community service programs shall be presented to the
 2847  Legislature with rationale for state funding. The Legislature
 2848  may identify priority areas for use of these funds.
 2849         (c) The resources of a Florida Community College System
 2850  institution, including staff, faculty, land, and facilities, may
 2851  shall not be used to support the establishment of a new
 2852  independent nonpublic educational institution. If any
 2853  institution uses resources for such purpose, the State Board of
 2854  Community Division of Florida Colleges shall notify the
 2855  President of the Senate and the Speaker of the House of
 2856  Representatives.
 2857         (8) Florida Community College System institutions are
 2858  authorized to:
 2859         (a) Offer such programs and courses as are necessary to
 2860  fulfill their mission.
 2861         (b) Grant associate in arts degrees, associate in science
 2862  degrees, associate in applied science degrees, certificates,
 2863  awards, and diplomas.
 2864         (c) Make provisions for the high school equivalency
 2865  examination.
 2866         (d) Provide access to and award baccalaureate degrees in
 2867  accordance with law.
 2868  
 2869  Authority to offer one or more baccalaureate degree programs
 2870  does not alter the governance relationship of the Florida
 2871  Community College System institution with its district board of
 2872  trustees or the State Board of Community Colleges Education.
 2873         Section 39. Section 1004.67, Florida Statutes, is amended
 2874  to read:
 2875         1004.67 Florida Community College System institutions;
 2876  legislative intent.—It is The legislative intent that Florida
 2877  Community College System institutions, constituted as political
 2878  subdivisions of the state, continue to be operated by Florida
 2879  Community College System institution boards of trustees as
 2880  provided in s. 1001.63 and that no department, bureau, division,
 2881  agency, or subdivision of the state exercise any responsibility
 2882  and authority to operate any Florida Community College System
 2883  institution of the state except as specifically provided by law
 2884  or rules of the State Board of Community Colleges Education.
 2885         Section 40. Section 1004.70, Florida Statutes, is amended
 2886  to read:
 2887         1004.70 Florida Community College System institution
 2888  direct-support organizations.—
 2889         (1) DEFINITIONS.—For the purposes of this section:
 2890         (a) “Florida Community College System institution direct
 2891  support organization” means an organization that is:
 2892         1. A Florida corporation not for profit, incorporated under
 2893  the provisions of chapter 617 and approved by the Department of
 2894  State.
 2895         2. Organized and operated exclusively to receive, hold,
 2896  invest, and administer property and to make expenditures to, or
 2897  for the benefit of, a Florida Community College System
 2898  institution in this state.
 2899         3. An organization that the Florida Community College
 2900  System institution board of trustees, after review, has
 2901  certified to be operating in a manner consistent with the goals
 2902  of the Florida Community College System institution and in the
 2903  best interest of the state. Any organization that is denied
 2904  certification by the board of trustees may not use the name of
 2905  the Florida Community College System institution that it serves.
 2906         (b) “Personal services” includes full-time or part-time
 2907  personnel as well as payroll processing.
 2908         (2) BOARD OF DIRECTORS.—The chair of the board of trustees
 2909  shall appoint a representative to the board of directors and the
 2910  executive committee of each direct-support organization
 2911  established under this section, including those established
 2912  before July 1, 1998. The president of the Florida Community
 2913  College System institution for which the direct-support
 2914  organization is established, or the president’s designee, shall
 2915  also serve on the board of directors and the executive committee
 2916  of the direct-support organization, including any direct-support
 2917  organization established before July 1, 1998.
 2918         (3) USE OF PROPERTY.—
 2919         (a) The board of trustees is authorized to permit the use
 2920  of property, facilities, and personal services at any Florida
 2921  Community College System institution by any Florida Community
 2922  College System institution direct-support organization, subject
 2923  to the provisions of this section.
 2924         (b) The board of trustees is authorized to prescribe by
 2925  rule any condition with which a Florida Community College System
 2926  institution direct-support organization must comply in order to
 2927  use property, facilities, or personal services at any Florida
 2928  Community College System institution.
 2929         (c) The board of trustees may not permit the use of
 2930  property, facilities, or personal services at any Florida
 2931  Community College System institution by any Florida Community
 2932  College System institution direct-support organization that does
 2933  not provide equal employment opportunities to all persons
 2934  regardless of race, color, national origin, gender, age, or
 2935  religion.
 2936         (4) ACTIVITIES; RESTRICTIONS.—
 2937         (a) A direct-support organization may, at the request of
 2938  the board of trustees, provide residency opportunities on or
 2939  near campus for students.
 2940         (b) A direct-support organization that constructs
 2941  facilities for use by a Florida Community College System
 2942  institution or its students must comply with all requirements of
 2943  law relating to the construction of facilities by a Florida
 2944  Community College System institution, including requirements for
 2945  competitive bidding.
 2946         (c) Any transaction or agreement between one direct-support
 2947  organization and another direct-support organization must be
 2948  approved by the board of trustees.
 2949         (d) A Florida Community College System institution direct
 2950  support organization is prohibited from giving, either directly
 2951  or indirectly, any gift to a political committee as defined in
 2952  s. 106.011 for any purpose other than those certified by a
 2953  majority roll call vote of the governing board of the direct
 2954  support organization at a regularly scheduled meeting as being
 2955  directly related to the educational mission of the Florida
 2956  Community College System institution.
 2957         (e) A Florida Community College System institution board of
 2958  trustees must authorize all debt, including lease-purchase
 2959  agreements, incurred by a direct-support organization.
 2960  Authorization for approval of short-term loans and lease
 2961  purchase agreements for a term of not more than 5 years,
 2962  including renewals, extensions, and refundings, for goods,
 2963  materials, equipment, and services may be delegated by the board
 2964  of trustees to the board of directors of the direct-support
 2965  organization. Trustees shall evaluate proposals for debt
 2966  according to guidelines issued by the State Board of Community
 2967  Division of Florida Colleges. Revenues of the Florida Community
 2968  College System institution may not be pledged to debt issued by
 2969  direct-support organizations.
 2970         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 2971  organization shall submit to the board of trustees its federal
 2972  Internal Revenue Service Application for Recognition of
 2973  Exemption form (Form 1023) and its federal Internal Revenue
 2974  Service Return of Organization Exempt from Income Tax form (Form
 2975  990).
 2976         (6) ANNUAL AUDIT.—Each direct-support organization shall
 2977  provide for an annual financial audit in accordance with rules
 2978  adopted by the Auditor General pursuant to s. 11.45(8). The
 2979  annual audit report must be submitted, within 9 months after the
 2980  end of the fiscal year, to the Auditor General, the State Board
 2981  of Community Colleges Education, and the board of trustees for
 2982  review. The board of trustees, the Auditor General, and the
 2983  Office of Program Policy Analysis and Government Accountability
 2984  may require and receive from the organization or from its
 2985  independent auditor any detail or supplemental data relative to
 2986  the operation of the organization. The identity of donors who
 2987  desire to remain anonymous shall be protected, and that
 2988  anonymity shall be maintained in the auditor’s report. All
 2989  records of the organization, other than the auditor’s report,
 2990  any information necessary for the auditor’s report, any
 2991  information related to the expenditure of funds, and any
 2992  supplemental data requested by the board of trustees, the
 2993  Auditor General, and the Office of Program Policy Analysis and
 2994  Government Accountability, shall be confidential and exempt from
 2995  the provisions of s. 119.07(1).
 2996         Section 41. Section 1004.71, Florida Statutes, is amended
 2997  to read:
 2998         1004.71 Statewide Florida Community College System
 2999  institution direct-support organizations.—
 3000         (1) DEFINITIONS.—For the purposes of this section:
 3001         (a) “Statewide Florida Community College System institution
 3002  direct-support organization” means an organization that is:
 3003         1. A Florida corporation not for profit, incorporated under
 3004  the provisions of chapter 617 and approved by the Department of
 3005  State.
 3006         2. Organized and operated exclusively to receive, hold,
 3007  invest, and administer property and to make expenditures to, or
 3008  for the benefit of, the Florida Community College System
 3009  institutions in this state.
 3010         3. An organization that the State Board of Community
 3011  Colleges Education, after review, has certified to be operating
 3012  in a manner consistent with the goals of the Florida Community
 3013  College System institutions and in the best interest of the
 3014  state.
 3015         (b) “Personal services” includes full-time or part-time
 3016  personnel as well as payroll processing.
 3017         (2) BOARD OF DIRECTORS.—The chair of the State Board of
 3018  Community Colleges Education may appoint a representative to the
 3019  board of directors and the executive committee of any statewide,
 3020  direct-support organization established under this section or s.
 3021  1004.70. The chair of the State Board of Community Colleges
 3022  Education, or the chair’s designee, shall also serve on the
 3023  board of directors and the executive committee of any direct
 3024  support organization established to benefit Florida Community
 3025  College System institutions.
 3026         (3) USE OF PROPERTY.—
 3027         (a) The State Board of Education may permit the use of
 3028  property, facilities, and personal services of the Department of
 3029  Education by any statewide Florida Community College System
 3030  institution direct-support organization, subject to the
 3031  provisions of this section.
 3032         (b) The State Board of Education may prescribe by rule any
 3033  condition with which a statewide Florida Community College
 3034  System institution direct-support organization must comply in
 3035  order to use property, facilities, or personal services of the
 3036  Department of Education.
 3037         (c) The State Board of Education may not permit the use of
 3038  property, facilities, or personal services of the Department of
 3039  Education by any statewide Florida Community College System
 3040  institution direct-support organization that does not provide
 3041  equal employment opportunities to all persons regardless of
 3042  race, color, national origin, gender, age, or religion.
 3043         (4) RESTRICTIONS.—
 3044         (a) A statewide, direct-support organization may not use
 3045  public funds to acquire, construct, maintain, or operate any
 3046  facilities.
 3047         (b) Any transaction or agreement between a statewide,
 3048  direct-support organization and any other direct-support
 3049  organization must be approved by the State Board of Community
 3050  Colleges Education.
 3051         (c) A statewide Florida Community College System
 3052  institution direct-support organization is prohibited from
 3053  giving, either directly or indirectly, any gift to a political
 3054  committee as defined in s. 106.011 for any purpose other than
 3055  those certified by a majority roll call vote of the governing
 3056  board of the direct-support organization at a regularly
 3057  scheduled meeting as being directly related to the educational
 3058  mission of the State Board of Community Colleges Education.
 3059         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3060  organization shall submit to the State Board of Community
 3061  Colleges Education its federal Internal Revenue Service
 3062  Application for Recognition of Exemption form (Form 1023) and
 3063  its federal Internal Revenue Service Return of Organization
 3064  Exempt from Income Tax form (Form 990).
 3065         (6) ANNUAL AUDIT.—A statewide Florida Community College
 3066  System institution direct-support organization shall provide for
 3067  an annual financial audit in accordance with s. 1004.70. The
 3068  identity of a donor or prospective donor who desires to remain
 3069  anonymous and all information identifying such donor or
 3070  prospective donor are confidential and exempt from the
 3071  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 3072  Constitution. Such anonymity shall be maintained in the
 3073  auditor’s report.
 3074         Section 42. Subsection (4) of section 1004.74, Florida
 3075  Statutes, is amended to read:
 3076         1004.74 Florida School of the Arts.—
 3077         (4) The Council for the Florida School of the Arts shall be
 3078  established to advise the Florida Community College System
 3079  institution district board of trustees on matters pertaining to
 3080  the operation of the school. The council shall consist of nine
 3081  members, appointed jointly by the Chancellor of the Florida
 3082  Community College System and the Commissioner of Education for
 3083  4-year terms. A member may serve three terms and may serve until
 3084  replaced.
 3085         Section 43. Section 1004.78, Florida Statutes, is amended
 3086  to read:
 3087         1004.78 Technology transfer centers at Florida Community
 3088  College System institutions.—
 3089         (1) Each Florida Community College System institution may
 3090  establish a technology transfer center for the purpose of
 3091  providing institutional support to local business and industry
 3092  and governmental agencies in the application of new research in
 3093  technology. The primary responsibilities of such centers may
 3094  include: identifying technology research developed by
 3095  universities, research institutions, businesses, industries, the
 3096  United States Armed Forces, and other state or federal
 3097  governmental agencies; determining and demonstrating the
 3098  application of technologies; training workers to integrate
 3099  advanced equipment and production processes; and determining for
 3100  business and industry the feasibility and efficiency of
 3101  accommodating advanced technologies.
 3102         (2) The Florida Community College System institution board
 3103  of trustees shall set such policies to regulate the activities
 3104  of the technology transfer center as it may consider necessary
 3105  to effectuate the purposes of this section and to administer the
 3106  programs of the center in a manner which assures efficiency and
 3107  effectiveness, producing the maximum benefit for the educational
 3108  programs and maximum service to the state. To this end,
 3109  materials that relate to methods of manufacture or production,
 3110  potential trade secrets, potentially patentable material, actual
 3111  trade secrets, business transactions, or proprietary information
 3112  received, generated, ascertained, or discovered during the
 3113  course of activities conducted within the Florida Community
 3114  College System institutions shall be confidential and exempt
 3115  from the provisions of s. 119.07(1), except that a Florida
 3116  Community College System institution shall make available upon
 3117  request the title and description of a project, the name of the
 3118  investigator, and the amount and source of funding provided for
 3119  such project.
 3120         (3) A technology transfer center created under the
 3121  provisions of this section shall be under the supervision of the
 3122  board of trustees of that Florida Community College System
 3123  institution, which is authorized to appoint a director; to
 3124  employ full-time and part-time staff, research personnel, and
 3125  professional services; to employ on a part-time basis personnel
 3126  of the Florida Community College System institution; and to
 3127  employ temporary employees whose salaries are paid entirely from
 3128  the permanent technology transfer fund or from that fund in
 3129  combination with other nonstate sources, with such positions
 3130  being exempt from the requirements of the Florida Statutes
 3131  relating to salaries, except that no such appointment shall be
 3132  made for a total period of longer than 1 year.
 3133         (4) The board of trustees of the Florida Community College
 3134  System institution in which a technology transfer center is
 3135  created, or its designee, may negotiate, enter into, and execute
 3136  contracts; solicit and accept grants and donations; and fix and
 3137  collect fees, other payments, and donations that may accrue by
 3138  reason thereof for technology transfer activities. The board of
 3139  trustees or its designee may negotiate, enter into, and execute
 3140  contracts on a cost-reimbursement basis and may provide
 3141  temporary financing of such costs prior to reimbursement from
 3142  moneys on deposit in the technology transfer fund, except as may
 3143  be prohibited elsewhere by law.
 3144         (5) A technology transfer center shall be financed from the
 3145  Academic Improvement Program or from moneys of a Florida
 3146  Community College System institution which are on deposit or
 3147  received for use in the activities conducted in the center. Such
 3148  moneys shall be deposited by the Florida Community College
 3149  System institution in a permanent technology transfer fund in a
 3150  depository or depositories approved for the deposit of state
 3151  funds and shall be accounted for and disbursed subject to audit
 3152  by the Auditor General.
 3153         (6) The fund balance in any existing research trust fund of
 3154  a Florida Community College System institution at the time a
 3155  technology transfer center is created shall be transferred to a
 3156  permanent technology transfer fund established for the Florida
 3157  Community College System institution, and thereafter the fund
 3158  balance of the technology transfer fund at the end of any fiscal
 3159  period may be used during any succeeding period pursuant to this
 3160  section.
 3161         (7) Moneys deposited in the permanent technology transfer
 3162  fund of a Florida Community College System institution shall be
 3163  disbursed in accordance with the terms of the contract, grant,
 3164  or donation under which they are received. Moneys received for
 3165  overhead or indirect costs and other moneys not required for the
 3166  payment of direct costs shall be applied to the cost of
 3167  operating the technology transfer center.
 3168         (8) All purchases of a technology transfer center shall be
 3169  made in accordance with the policies and procedures of the
 3170  Florida Community College System institution.
 3171         (9) The Florida Community College System institution board
 3172  of trustees may authorize the construction, alteration, or
 3173  remodeling of buildings when the funds used are derived entirely
 3174  from the technology transfer fund of a Florida Community College
 3175  System institution or from that fund in combination with other
 3176  nonstate sources, provided that such construction, alteration,
 3177  or remodeling is for use exclusively by the center. It also may
 3178  authorize the acquisition of real property when the cost is
 3179  entirely from said funds. Title to all real property shall vest
 3180  in the board of trustees.
 3181         (10) The State Board of Community Colleges Education may
 3182  award grants to Florida Community College System institutions,
 3183  or consortia of public and private colleges and universities and
 3184  other public and private entities, for the purpose of supporting
 3185  the objectives of this section. Grants awarded pursuant to this
 3186  subsection shall be in accordance with rules of the State Board
 3187  of Community Colleges Education. Such rules shall include the
 3188  following provisions:
 3189         (a) The number of centers established with state funds
 3190  provided expressly for the purpose of technology transfer shall
 3191  be limited, but shall be geographically located to maximize
 3192  public access to center resources and services.
 3193         (b) Grants to centers funded with state revenues
 3194  appropriated specifically for technology transfer activities
 3195  shall be reviewed and approved by the State Board of Community
 3196  Colleges Education using proposal solicitation, evaluation, and
 3197  selection procedures established by the state board in
 3198  consultation with Enterprise Florida, Inc. Such procedures may
 3199  include designation of specific areas or applications of
 3200  technology as priorities for the receipt of funding.
 3201         (c) Priority for the receipt of state funds appropriated
 3202  specifically for the purpose of technology transfer shall be
 3203  given to grant proposals developed jointly by Florida Community
 3204  College System institutions and public and private colleges and
 3205  universities.
 3206         (11) Each technology transfer center established under the
 3207  provisions of this section shall establish a technology transfer
 3208  center advisory committee. Each committee shall include
 3209  representatives of a university or universities conducting
 3210  research in the area of specialty of the center. Other members
 3211  shall be determined by the Florida Community College System
 3212  institution board of trustees.
 3213         Section 44. Subsection (4) of section 1004.80, Florida
 3214  Statutes, is amended to read:
 3215         1004.80 Economic development centers.—
 3216         (4) The State Board of Community Colleges Education may
 3217  award grants to economic development centers for the purposes of
 3218  this section. Grants awarded pursuant to this subsection shall
 3219  be in accordance with rules established by the State Board of
 3220  Community Colleges Education.
 3221         Section 45. Section 1004.91, Florida Statutes, is amended
 3222  to read:
 3223         1004.91 Requirements for career education program basic
 3224  skills.—
 3225         (1) The State Board of Education, for career centers
 3226  operated by district school boards, and the State Board of
 3227  Community Colleges, for charter technical career centers
 3228  operated by Florida Community College System institutions, shall
 3229  adopt, by rule, standards of basic skill mastery for completion
 3230  of certificate career education programs. Each school district
 3231  and Florida Community College System institution that conducts
 3232  programs that confer career and technical certificates shall
 3233  provide applied academics instruction through which students
 3234  receive the basic skills instruction required pursuant to this
 3235  section.
 3236         (2) Students who enroll in a program offered for career
 3237  credit of 450 hours or more shall complete an entry-level
 3238  examination within the first 6 weeks after admission into the
 3239  program. The State Board of Education and the State Board of
 3240  Community Colleges shall collaborate to designate examinations
 3241  that are currently in existence, the results of which are
 3242  comparable across institutions, to assess student mastery of
 3243  basic skills. Any student found to lack the required level of
 3244  basic skills for such program shall be referred to applied
 3245  academics instruction or another adult general education program
 3246  for a structured program of basic skills instruction. Such
 3247  instruction may include English for speakers of other languages.
 3248  A student may not receive a career or technical certificate of
 3249  completion without first demonstrating the basic skills required
 3250  in the state curriculum frameworks for the career education
 3251  program.
 3252         (3)(a) An adult student with a disability may be exempted
 3253  from this section.
 3254         (b) The following students are exempt from this section:
 3255         1. A student who possesses a college degree at the
 3256  associate in applied science level or higher.
 3257         2. A student who demonstrates readiness for public
 3258  postsecondary education pursuant to s. 1008.30 and applicable
 3259  rules adopted by the State Board of Education and State Board of
 3260  Community Colleges.
 3261         3. A student who passes a state or national industry
 3262  certification or licensure examination that is identified in
 3263  State Board of Education or State Board of Community Colleges
 3264  rules and aligned to the career education program in which the
 3265  student is enrolled.
 3266         4. An adult student who is enrolled in an apprenticeship
 3267  program that is registered with the Department of Education in
 3268  accordance with chapter 446.
 3269         Section 46. Paragraph (b) of subsection (2) of section
 3270  1004.92, Florida Statutes, is amended, and subsection (4) is
 3271  added to that section, to read:
 3272         1004.92 Purpose and responsibilities for career education.—
 3273         (2)
 3274         (b) Department of Education, for school districts, and the
 3275  State Board of Community Colleges, for Florida Community College
 3276  System institutions, have the following responsibilities related
 3277  to accountability for career education includes, but is not
 3278  limited to:
 3279         1. The provision of timely, accurate technical assistance
 3280  to school districts and Florida Community College System
 3281  institutions.
 3282         2. The provision of timely, accurate information to the
 3283  State Board of Education, the Legislature, and the public.
 3284         3. The development of policies, rules, and procedures that
 3285  facilitate institutional attainment of the accountability
 3286  standards and coordinate the efforts of all divisions within the
 3287  department.
 3288         4. The development of program standards and industry-driven
 3289  benchmarks for career, adult, and community education programs,
 3290  which must be updated every 3 years. The standards must include
 3291  career, academic, and workplace skills; viability of distance
 3292  learning for instruction; and work/learn cycles that are
 3293  responsive to business and industry; and provisions that reflect
 3294  the quality components of career and technical education
 3295  programs.
 3296         5. Overseeing school district and Florida Community College
 3297  System institution compliance with the provisions of this
 3298  chapter.
 3299         6. Ensuring that the educational outcomes for the technical
 3300  component of career programs are uniform and designed to provide
 3301  a graduate who is capable of entering the workforce on an
 3302  equally competitive basis regardless of the institution of
 3303  choice.
 3304         (4) The State Board of Education, for career education
 3305  provided by school districts, and the State Board of Community
 3306  Colleges, for career education provided by Florida Community
 3307  College System institutions, shall adopt rules to administer
 3308  this section.
 3309         Section 47. Subsection (1) of section 1004.925, Florida
 3310  Statutes, is amended to read:
 3311         1004.925 Automotive service technology education programs;
 3312  certification.—
 3313         (1) All automotive service technology education programs
 3314  shall be industry certified in accordance with rules adopted by
 3315  the State Board of Education and the State Board of Community
 3316  Colleges.
 3317         Section 48. Paragraphs (c) and (d) of subsection (4) and
 3318  subsections (6) and (9) of section 1004.93, Florida Statutes,
 3319  are amended to read:
 3320         1004.93 Adult general education.—
 3321         (4)
 3322         (c) The State Board of Community Colleges Education shall
 3323  define, by rule, the levels and courses of instruction to be
 3324  funded through the developmental education program. The State
 3325  Board of Community Colleges shall coordinate the establishment
 3326  of costs for developmental education courses, the establishment
 3327  of statewide standards that define required levels of
 3328  competence, acceptable rates of student progress, and the
 3329  maximum amount of time to be allowed for completion of
 3330  developmental education. Developmental education is part of an
 3331  associate in arts degree program and may not be funded as an
 3332  adult career education program.
 3333         (d) Expenditures for developmental education and lifelong
 3334  learning students shall be reported separately. Allocations for
 3335  developmental education shall be based on proportional full-time
 3336  equivalent enrollment. Program review results shall be included
 3337  in the determination of subsequent allocations. A student shall
 3338  be funded to enroll in the same developmental education class
 3339  within a skill area only twice, after which time the student
 3340  shall pay 100 percent of the full cost of instruction to support
 3341  the continuous enrollment of that student in the same class;
 3342  however, students who withdraw or fail a class due to
 3343  extenuating circumstances may be granted an exception only once
 3344  for each class, provided approval is granted according to policy
 3345  established by the board of trustees. Each Florida Community
 3346  College System institution shall have the authority to review
 3347  and reduce payment for increased fees due to continued
 3348  enrollment in a developmental education class on an individual
 3349  basis contingent upon the student’s financial hardship, pursuant
 3350  to definitions and fee levels established by the State Board of
 3351  Community Colleges Education. Developmental education and
 3352  lifelong learning courses do not generate credit toward an
 3353  associate or baccalaureate degree.
 3354         (6) The commissioner, for school districts, and the
 3355  Chancellor of the Florida Community College System, for Florida
 3356  Community College System institutions, shall recommend the level
 3357  of funding for public school and Florida Community College
 3358  System institution adult education within the legislative budget
 3359  request and make other recommendations and reports considered
 3360  necessary or required by rules of the State Board of Education.
 3361         (9) The State Board of Education and the State Board of
 3362  Community Colleges may adopt rules necessary for the
 3363  implementation of this section.
 3364         Section 49. Subsection (3) of section 1006.60, Florida
 3365  Statutes, is amended to read:
 3366         1006.60 Codes of conduct; disciplinary measures; authority
 3367  to adopt rules or regulations.—
 3368         (3) Sanctions authorized by such codes of conduct may be
 3369  imposed only for acts or omissions in violation of rules or
 3370  regulations adopted by the institution, including rules or
 3371  regulations adopted under this section, rules of the State Board
 3372  of Community Colleges regarding the Florida Community College
 3373  System Education, rules or regulations of the Board of Governors
 3374  regarding the State University System, county and municipal
 3375  ordinances, and the laws of this state, the United States, or
 3376  any other state.
 3377         Section 50. Subsection (1) of section 1006.61, Florida
 3378  Statutes, is amended to read:
 3379         1006.61 Participation by students in disruptive activities
 3380  at public postsecondary educational institution; penalties.—
 3381         (1) Any person who accepts the privilege extended by the
 3382  laws of this state of attendance at any public postsecondary
 3383  educational institution shall, by attending such institution, be
 3384  deemed to have given his or her consent to the policies of that
 3385  institution, the State Board of Community Colleges regarding the
 3386  Florida Community College System Education, and the Board of
 3387  Governors regarding the State University System, and the laws of
 3388  this state. Such policies shall include prohibition against
 3389  disruptive activities at public postsecondary educational
 3390  institutions.
 3391         Section 51. Section 1006.62, Florida Statutes, is amended
 3392  to read:
 3393         1006.62 Expulsion and discipline of students of Florida
 3394  Community College System institutions and state universities.—
 3395         (1) Each student in a Florida Community College System
 3396  institution or state university is subject to federal and state
 3397  law, respective county and municipal ordinances, and all rules
 3398  and regulations of the State Board of Community Colleges
 3399  regarding the Florida Community College System Education, the
 3400  Board of Governors regarding the State University System, or the
 3401  board of trustees of the institution.
 3402         (2) Violation of these published laws, ordinances, or rules
 3403  and regulations may subject the violator to appropriate action
 3404  by the institution’s authorities.
 3405         (3) Each president of a Florida Community College System
 3406  institution or state university may, after notice to the student
 3407  of the charges and after a hearing thereon, expel, suspend, or
 3408  otherwise discipline any student who is found to have violated
 3409  any law, ordinance, or rule or regulation of the State Board of
 3410  Community Colleges regarding the Florida Community College
 3411  System Education, the Board of Governors regarding the State
 3412  University System, or the board of trustees of the institution.
 3413  A student may be entitled to waiver of expulsion:
 3414         (a) If the student provides substantial assistance in the
 3415  identification, arrest, or conviction of any of his or her
 3416  accomplices, accessories, coconspirators, or principals or of
 3417  any other person engaged in violations of chapter 893 within a
 3418  state university or Florida Community College System
 3419  institution;
 3420         (b) If the student voluntarily discloses his or her
 3421  violations of chapter 893 prior to his or her arrest; or
 3422         (c) If the student commits himself or herself, or is
 3423  referred by the court in lieu of sentence, to a state-licensed
 3424  drug abuse program and successfully completes the program.
 3425         Section 52. Paragraphs (c) and (g) of subsection (1),
 3426  paragraph (b) of subsection (2), and subsection (3) of section
 3427  1006.71, Florida Statutes, are amended to read:
 3428         1006.71 Gender equity in intercollegiate athletics.—
 3429         (1) GENDER EQUITY PLAN.—
 3430         (c) The Chancellor of the Florida Community College System
 3431  Commissioner of Education shall annually assess the progress of
 3432  each Florida Community College System institution’s plan and
 3433  advise the State Board of Community Colleges Education and the
 3434  Legislature regarding compliance.
 3435         (g)1. If a Florida Community College System institution is
 3436  not in compliance with Title IX of the Education Amendments of
 3437  1972 and the Florida Educational Equity Act, the State Board of
 3438  Community Colleges Education shall:
 3439         a. Declare the Florida Community College System institution
 3440  ineligible for competitive state grants.
 3441         b. Withhold funds sufficient to obtain compliance.
 3442  
 3443  The Florida Community College System institution shall remain
 3444  ineligible and the funds may shall not be paid until the Florida
 3445  Community College System institution comes into compliance or
 3446  the Chancellor of the Florida Community College System
 3447  Commissioner of Education approves a plan for compliance.
 3448         2. If a state university is not in compliance with Title IX
 3449  of the Education Amendments of 1972 and the Florida Educational
 3450  Equity Act, the Board of Governors shall:
 3451         a. Declare the state university ineligible for competitive
 3452  state grants.
 3453         b. Withhold funds sufficient to obtain compliance.
 3454  
 3455  The state university shall remain ineligible and the funds may
 3456  shall not be paid until the state university comes into
 3457  compliance or the Board of Governors approves a plan for
 3458  compliance.
 3459         (2) FUNDING.—
 3460         (b) The level of funding and percentage share of support
 3461  for women’s intercollegiate athletics for Florida Community
 3462  College System institutions shall be determined by the State
 3463  Board of Community Colleges Education. The level of funding and
 3464  percentage share of support for women’s intercollegiate
 3465  athletics for state universities shall be determined by the
 3466  Board of Governors. The level of funding and percentage share
 3467  attained in the 1980-1981 fiscal year shall be the minimum level
 3468  and percentage maintained by each institution, except as the
 3469  State Board of Community Colleges Education or the Board of
 3470  Governors otherwise directs its respective institutions for the
 3471  purpose of assuring equity. Consideration shall be given by the
 3472  State Board of Community Colleges Education or the Board of
 3473  Governors to emerging athletic programs at institutions which
 3474  may not have the resources to secure external funds to provide
 3475  athletic opportunities for women. It is the intent that the
 3476  effect of any redistribution of funds among institutions may
 3477  shall not negate the requirements as set forth in this section.
 3478         (3) STATE BOARD OF COMMUNITY COLLEGES EDUCATION.—The State
 3479  Board of Community Colleges Education shall assure equal
 3480  opportunity for female athletes at Florida Community College
 3481  System institutions and establish:
 3482         (a) In conjunction with the State Board of Education,
 3483  guidelines for reporting of intercollegiate athletics data
 3484  concerning financial, program, and facilities information for
 3485  review by the State Board of Community Colleges Education
 3486  annually.
 3487         (b) Systematic audits for the evaluation of such data.
 3488         (c) Criteria for determining and assuring equity.
 3489         Section 53. Section 1007.01, Florida Statutes, is amended
 3490  to read:
 3491         1007.01 Articulation; legislative intent; purpose; role of
 3492  the State Board of Education, the State Board of Community
 3493  Colleges, and the Board of Governors; Articulation Coordinating
 3494  Committee.—
 3495         (1) It is the intent of the Legislature to facilitate
 3496  articulation and seamless integration of the K-20 education
 3497  system by building, sustaining, and strengthening relationships
 3498  among K-20 public organizations, between public and private
 3499  organizations, and between the education system as a whole and
 3500  Florida’s communities. The purpose of building, sustaining, and
 3501  strengthening these relationships is to provide for the
 3502  efficient and effective progression and transfer of students
 3503  within the education system and to allow students to proceed
 3504  toward their educational objectives as rapidly as their
 3505  circumstances permit. The Legislature further intends that
 3506  articulation policies and budget actions be implemented
 3507  consistently in the practices of the Department of Education and
 3508  postsecondary educational institutions and expressed in the
 3509  collaborative policy efforts of the State Board of Education,
 3510  and the Board of Governors, and the State Board of Community
 3511  Colleges.
 3512         (2) To preserve Florida’s “2+2” system of articulation and
 3513  improve and facilitate articulation systemwide, the State Board
 3514  of Education, and the Board of Governors, and the State Board of
 3515  Community Colleges shall collaboratively establish and adopt
 3516  policies with input from statewide K-20 advisory groups
 3517  established by the Commissioner of Education, the Chancellor of
 3518  the Florida Community College System, and the Chancellor of the
 3519  State University System and shall recommend the policies to the
 3520  Legislature. The policies shall relate to:
 3521         (a) The alignment between the exit requirements of one
 3522  education system and the admissions requirements of another
 3523  education system into which students typically transfer.
 3524         (b) The identification of common courses, the level of
 3525  courses, institutional participation in a statewide course
 3526  numbering system, and the transferability of credits among such
 3527  institutions.
 3528         (c) Identification of courses that meet general education
 3529  or common degree program prerequisite requirements at public
 3530  postsecondary educational institutions.
 3531         (d) Dual enrollment course equivalencies.
 3532         (e) Articulation agreements.
 3533         (3) The Commissioner of Education, in consultation with the
 3534  Chancellor of the Florida Community College System and the
 3535  Chancellor of the State University System, shall establish the
 3536  Articulation Coordinating Committee, which shall make
 3537  recommendations related to statewide articulation policies and
 3538  issues regarding access, quality, and reporting of data
 3539  maintained by the K-20 data warehouse, established pursuant to
 3540  ss. 1001.10 and 1008.31, to the Higher Education Coordination
 3541  Council, the State Board of Education, and the Board of
 3542  Governors, and the State Board of Community Colleges. The
 3543  committee shall consist of two members each representing the
 3544  State University System, the Florida Community College System,
 3545  public career and technical education, K-12 education, and
 3546  nonpublic postsecondary education and one member representing
 3547  students. The chair shall be elected from the membership. The
 3548  Office of K-20 Articulation shall provide administrative support
 3549  for the committee. The committee shall:
 3550         (a) Monitor the alignment between the exit requirements of
 3551  one education system and the admissions requirements of another
 3552  education system into which students typically transfer and make
 3553  recommendations for improvement.
 3554         (b) Propose guidelines for interinstitutional agreements
 3555  between and among public schools, career and technical education
 3556  centers, Florida Community College System institutions, state
 3557  universities, and nonpublic postsecondary institutions.
 3558         (c) Annually recommend dual enrollment course and high
 3559  school subject area equivalencies for approval by the State
 3560  Board of Education, and the Board of Governors, and the State
 3561  Board of Community Colleges.
 3562         (d) Annually review the statewide articulation agreement
 3563  pursuant to s. 1007.23 and make recommendations for revisions.
 3564         (e) Annually review the statewide course numbering system,
 3565  the levels of courses, and the application of transfer credit
 3566  requirements among public and nonpublic institutions
 3567  participating in the statewide course numbering system and
 3568  identify instances of student transfer and admissions
 3569  difficulties.
 3570         (f) Annually publish a list of courses that meet common
 3571  general education and common degree program prerequisite
 3572  requirements at public postsecondary institutions identified
 3573  pursuant to s. 1007.25.
 3574         (g) Foster timely collection and reporting of statewide
 3575  education data to improve the K-20 education performance
 3576  accountability system pursuant to ss. 1001.10 and 1008.31,
 3577  including, but not limited to, data quality, accessibility, and
 3578  protection of student records.
 3579         (h) Recommend roles and responsibilities of public
 3580  education entities in interfacing with the single, statewide
 3581  computer-assisted student advising system established pursuant
 3582  to s. 1006.735.
 3583         (i) Make recommendations regarding the cost and
 3584  requirements to develop and implement an online system for
 3585  collecting and analyzing data regarding requests for transfer of
 3586  credit by postsecondary education students. The online system,
 3587  at a minimum, must collect information regarding the total
 3588  number of credit transfer requests denied and the reason for
 3589  each denial. Recommendations shall be reported to the President
 3590  of the Senate and the Speaker of the House of Representatives on
 3591  or before January 31, 2015.
 3592         Section 54. Subsections (1) and (6) of section 1007.23,
 3593  Florida Statutes, are amended, and subsection (7) is added to
 3594  that section, to read:
 3595         1007.23 Statewide articulation agreement.—
 3596         (1) The State Board of Education, and the Board of
 3597  Governors, and the State Board of Community Colleges shall enter
 3598  into a statewide articulation agreement which the State Board of
 3599  Education and the State Board of Community Colleges shall adopt
 3600  by rule. The agreement must preserve Florida’s “2+2” system of
 3601  articulation, facilitate the seamless articulation of student
 3602  credit across and among Florida’s educational entities, and
 3603  reinforce the provisions of this chapter by governing:
 3604         (a) Articulation between secondary and postsecondary
 3605  education;
 3606         (b) Admission of associate in arts degree graduates from
 3607  Florida Community College System institutions and state
 3608  universities;
 3609         (c) Admission of applied technology diploma program
 3610  graduates from Florida Community College System institutions or
 3611  career centers;
 3612         (d) Admission of associate in science degree and associate
 3613  in applied science degree graduates from Florida Community
 3614  College System institutions;
 3615         (e) The use of acceleration mechanisms, including
 3616  nationally standardized examinations through which students may
 3617  earn credit;
 3618         (f) General education requirements and statewide course
 3619  numbers as provided for in ss. 1007.24 and 1007.25; and
 3620         (g) Articulation among programs in nursing.
 3621         (6) The articulation agreement must guarantee the
 3622  articulation of 9 credit hours toward a postsecondary degree in
 3623  early childhood education for programs approved by the State
 3624  Board of Community Colleges Education and the Board of Governors
 3625  which:
 3626         (a) Award a child development associate credential issued
 3627  by the National Credentialing Program of the Council for
 3628  Professional Recognition or award a credential approved under s.
 3629  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
 3630  child development associate credential; and
 3631         (b) Include training in emergent literacy which meets or
 3632  exceeds the minimum standards for training courses for
 3633  prekindergarten instructors of the Voluntary Prekindergarten
 3634  Education Program in s. 1002.59.
 3635         (7) To strengthen Florida’s “2+2” system of articulation
 3636  and improve student retention and on-time graduation, by the
 3637  2018-2019 academic year, each Florida Community College System
 3638  institution shall execute at least one “2+2” targeted pathway
 3639  articulation agreement with one or more state universities to
 3640  establish “2+2” targeted pathway programs. The agreement must
 3641  provide students who graduate with an associate in arts degree
 3642  and who meet specified requirements guaranteed access to the
 3643  state university and a degree program at that university, in
 3644  accordance with the terms of the “2+2” targeted pathway
 3645  articulation agreement.
 3646         (a) To participate in a “2+2” targeted pathway program, a
 3647  student must:
 3648         1. Enroll in the program before completing 30 credit hours,
 3649  including, but not limited to, college credits earned through
 3650  articulated acceleration mechanisms pursuant to s. 1007.27;
 3651         2. Complete an associate in arts degree; and
 3652         3. Meet the university’s transfer requirements.
 3653         (b) A state university that executes a “2+2” targeted
 3654  pathway articulation agreement must meet the following
 3655  requirements in order to implement a “2+2” targeted pathway
 3656  program in collaboration with its partner Florida Community
 3657  College System institution:
 3658         1. Establish a 4-year on-time graduation plan for a
 3659  baccalaureate degree program, including, but not limited to, a
 3660  plan for students to complete associate in arts degree programs,
 3661  general education courses, common prerequisite courses, and
 3662  elective courses;
 3663         2. Advise students enrolled in the program about the
 3664  university’s transfer and degree program requirements; and
 3665         3. Provide students who meet the requirements under this
 3666  paragraph with access to academic advisors and campus events and
 3667  with guaranteed admittance to the state university and a degree
 3668  program of the state university, in accordance with the terms of
 3669  the agreement.
 3670         (c)To assist the state universities and Florida Community
 3671  College System institutions with implementing the “2+2” targeted
 3672  pathway programs effectively, the State Board of Community
 3673  Colleges and the Board of Governors shall collaborate to
 3674  eliminate barriers in executing “2+2” targeted pathway
 3675  articulation agreements.
 3676         Section 55. Subsections (1), (2), and (3) of section
 3677  1007.24, Florida Statutes, are amended to read:
 3678         1007.24 Statewide course numbering system.—
 3679         (1) The Department of Education, in conjunction with the
 3680  Board of Governors and the State Board of Community Colleges,
 3681  shall develop, coordinate, and maintain a statewide course
 3682  numbering system for postsecondary and dual enrollment education
 3683  in school districts, public postsecondary educational
 3684  institutions, and participating nonpublic postsecondary
 3685  educational institutions that will improve program planning,
 3686  increase communication among all delivery systems, and
 3687  facilitate student acceleration and the transfer of students and
 3688  credits between public school districts, public postsecondary
 3689  educational institutions, and participating nonpublic
 3690  educational institutions. The continuing maintenance of the
 3691  system shall be accomplished with the assistance of appropriate
 3692  faculty committees representing public and participating
 3693  nonpublic educational institutions.
 3694         (2) The Commissioner of Education, in conjunction with the
 3695  Chancellor of the Florida Community College System and the
 3696  Chancellor of the State University System, shall appoint faculty
 3697  committees representing faculties of participating institutions
 3698  to recommend a single level for each course, including
 3699  postsecondary career education courses, included in the
 3700  statewide course numbering system.
 3701         (a) Any course designated as an upper-division-level course
 3702  must be characterized by a need for advanced academic
 3703  preparation and skills that a student would be unlikely to
 3704  achieve without significant prior coursework.
 3705         (b) A course that is offered as part of an associate in
 3706  science degree program and as an upper-division course for a
 3707  baccalaureate degree shall be designated for both the lower and
 3708  upper division.
 3709         (c) A course designated as lower-division may be offered by
 3710  any Florida Community College System institution.
 3711         (3) The Commissioner of Education shall recommend to the
 3712  State Board of Education the levels for the courses. The State
 3713  Board of Education, with input from the Board of Governors and
 3714  the State Board of Community Colleges, shall approve the levels
 3715  for the courses.
 3716         Section 56. Subsections (3), (5), and (8) through (11) of
 3717  section 1007.25, Florida Statutes, are amended to read:
 3718         1007.25 General education courses; common prerequisites;
 3719  other degree requirements.—
 3720         (3) The chair of the State Board of Community Colleges
 3721  Education and the chair of the Board of Governors, or their
 3722  designees, shall jointly appoint faculty committees to identify
 3723  statewide general education core course options. General
 3724  education core course options shall consist of a maximum of five
 3725  courses within each of the subject areas of communication,
 3726  mathematics, social sciences, humanities, and natural sciences.
 3727  The core courses may be revised, or the five-course maximum
 3728  within each subject area may be exceeded, if approved by the
 3729  State Board of Community Colleges Education and the Board of
 3730  Governors, as recommended by the subject area faculty committee
 3731  and approved by the Articulation Coordinating Committee as
 3732  necessary for a subject area. Each general education core course
 3733  option must contain high-level academic and critical thinking
 3734  skills and common competencies that students must demonstrate to
 3735  successfully complete the course. Beginning with students
 3736  initially entering a Florida Community College System
 3737  institution or state university in 2015-2016 and thereafter,
 3738  each student must complete at least one identified core course
 3739  in each subject area as part of the general education course
 3740  requirements. All public postsecondary educational institutions
 3741  shall accept these courses as meeting general education core
 3742  course requirements. The remaining general education course
 3743  requirements shall be identified by each institution and
 3744  reported to the department by their statewide course number. The
 3745  general education core course options shall be adopted in rule
 3746  by the State Board of Community Colleges Education and in
 3747  regulation by the Board of Governors.
 3748         (5) The department shall identify common prerequisite
 3749  courses and course substitutions for degree programs across all
 3750  institutions. Common degree program prerequisites shall be
 3751  offered and accepted by all state universities and Florida
 3752  Community College System institutions, except in cases approved
 3753  by the State Board of Community Colleges, Education for Florida
 3754  Community College System institutions, and the Board of
 3755  Governors, for state universities. The department shall develop
 3756  a centralized database containing the list of courses and course
 3757  substitutions that meet the prerequisite requirements for each
 3758  baccalaureate degree program.
 3759         (8) A baccalaureate degree program shall require no more
 3760  than 120 semester hours of college credit and include 36
 3761  semester hours of general education coursework, unless prior
 3762  approval has been granted by the Board of Governors for
 3763  baccalaureate degree programs offered by state universities and
 3764  by the State Board of Community Colleges Education for
 3765  baccalaureate degree programs offered by Florida Community
 3766  College System institutions.
 3767         (9) A student who received an associate in arts degree for
 3768  successfully completing 60 semester credit hours may continue to
 3769  earn additional credits at a Florida Community College System
 3770  institution. The university must provide credit toward the
 3771  student’s baccalaureate degree for a an additional Florida
 3772  Community College System institution course if, according to the
 3773  statewide course numbering, the Florida Community College System
 3774  institution course is a course listed in the university catalog
 3775  as required for the degree or as prerequisite to a course
 3776  required for the degree. Of the courses required for the degree,
 3777  at least half of the credit hours required for the degree shall
 3778  be achievable through courses designated as lower division,
 3779  except in degree programs approved by the State Board of
 3780  Community Colleges Education for programs offered by Florida
 3781  Community College System institutions and by the Board of
 3782  Governors for programs offered by state universities.
 3783         (10) Students at state universities may request associate
 3784  in arts certificates if they have successfully completed the
 3785  minimum requirements for the degree of associate in arts (A.A.).
 3786  The university must grant the student an associate in arts
 3787  degree if the student has successfully completed minimum
 3788  requirements for college-level communication and computation
 3789  skills adopted by the State Board of Community Colleges
 3790  Education and 60 academic semester hours or the equivalent
 3791  within a degree program area, including 36 semester hours in
 3792  general education courses in the subject areas of communication,
 3793  mathematics, social sciences, humanities, and natural sciences,
 3794  consistent with the general education requirements specified in
 3795  the articulation agreement pursuant to s. 1007.23.
 3796         (11) The Commissioner of Education and the Chancellor of
 3797  the Florida Community College System shall jointly appoint
 3798  faculty committees representing both Florida Community College
 3799  System institution and public school faculties to recommend to
 3800  the commissioner, or the Chancellor of the Florida Community
 3801  College System, as applicable, for approval by the State Board
 3802  of Education and the State Board of Community Colleges, as
 3803  applicable, a standard program length and appropriate
 3804  occupational completion points for each postsecondary career
 3805  certificate program, diploma, and degree offered by a school
 3806  district or a Florida Community College System institution.
 3807         Section 57. Section 1007.262, Florida Statutes, is amended
 3808  to read:
 3809         1007.262 Foreign language competence; equivalence
 3810  determinations.—The Department of Education shall identify the
 3811  competencies demonstrated by students upon the successful
 3812  completion of 2 credits of sequential high school foreign
 3813  language instruction. For the purpose of determining
 3814  postsecondary equivalence, the State Board of Community Colleges
 3815  department shall develop rules through which Florida Community
 3816  College System institutions correlate such competencies to the
 3817  competencies required of students in the colleges’ respective
 3818  courses. Based on this correlation, each Florida Community
 3819  College System institution shall identify the minimum number of
 3820  postsecondary credits that students must earn in order to
 3821  demonstrate a level of competence in a foreign language at least
 3822  equivalent to that of students who have completed 2 credits of
 3823  such instruction in high school. The department may also specify
 3824  alternative means by which students can demonstrate equivalent
 3825  foreign language competence, including means by which a student
 3826  whose native language is not English may demonstrate proficiency
 3827  in the native language. A student who demonstrates proficiency
 3828  in a native language other than English is exempt from a
 3829  requirement of completing foreign language courses at the
 3830  secondary or Florida Community College System level.
 3831         Section 58. Section 1007.263, Florida Statutes, is amended
 3832  to read:
 3833         1007.263 Florida Community College System institutions;
 3834  admissions of students.—Each Florida Community College System
 3835  institution board of trustees is authorized to adopt rules
 3836  governing admissions of students subject to this section and
 3837  rules of the State Board of Community Colleges Education. These
 3838  rules shall include the following:
 3839         (1) Admissions counseling shall be provided to all students
 3840  entering college or career credit programs. For students who are
 3841  not otherwise exempt from testing under s. 1008.30, counseling
 3842  must use tests to measure achievement of college-level
 3843  communication and computation competencies by students entering
 3844  college credit programs or tests to measure achievement of basic
 3845  skills for career education programs as prescribed in s.
 3846  1004.91. Counseling includes providing developmental education
 3847  options for students whose assessment results, determined under
 3848  s. 1008.30, indicate that they need to improve communication or
 3849  computation skills that are essential to perform college-level
 3850  work.
 3851         (2) Admission to associate degree programs is subject to
 3852  minimum standards adopted by the State Board of Community
 3853  Colleges Education and shall require:
 3854         (a) A standard high school diploma, a high school
 3855  equivalency diploma as prescribed in s. 1003.435, previously
 3856  demonstrated competency in college credit postsecondary
 3857  coursework, or, in the case of a student who is home educated, a
 3858  signed affidavit submitted by the student’s parent or legal
 3859  guardian attesting that the student has completed a home
 3860  education program pursuant to the requirements of s. 1002.41.
 3861  Students who are enrolled in a dual enrollment or early
 3862  admission program pursuant to s. 1007.271 are exempt from this
 3863  requirement.
 3864         (b) A demonstrated level of achievement of college-level
 3865  communication and computation skills.
 3866         (c) Any other requirements established by the board of
 3867  trustees.
 3868         (3) Admission to other programs within the Florida
 3869  Community College System institution shall include education
 3870  requirements as established by the board of trustees.
 3871         (4) A student who has been awarded a certificate of
 3872  completion under s. 1003.4282 is eligible to enroll in
 3873  certificate career education programs.
 3874         (5) A student with a documented disability may be eligible
 3875  for reasonable substitutions, as prescribed in ss. 1007.264 and
 3876  1007.265.
 3877  
 3878  Each board of trustees shall establish policies that notify
 3879  students about developmental education options for improving
 3880  their communication or computation skills that are essential to
 3881  performing college-level work, including tutoring, extended time
 3882  in gateway courses, free online courses, adult basic education,
 3883  adult secondary education, or private provider instruction.
 3884         Section 59. Subsection (2) of section 1007.264, Florida
 3885  Statutes, is amended to read:
 3886         1007.264 Persons with disabilities; admission to
 3887  postsecondary educational institutions; substitute requirements;
 3888  rules and regulations.—
 3889         (2) The State Board of Community Colleges Education, in
 3890  consultation with the Board of Governors, shall adopt rules to
 3891  implement this section for Florida Community College System
 3892  institutions and shall develop substitute admission requirements
 3893  where appropriate.
 3894         Section 60. Subsections (2) and (3) of section 1007.265,
 3895  Florida Statutes, are amended to read:
 3896         1007.265 Persons with disabilities; graduation, study
 3897  program admission, and upper-division entry; substitute
 3898  requirements; rules and regulations.—
 3899         (2) The State Board of Community Colleges Education, in
 3900  consultation with the Board of Governors, shall adopt rules to
 3901  implement this section for Florida Community College System
 3902  institutions and shall develop substitute requirements where
 3903  appropriate.
 3904         (3) The Board of Governors, in consultation with the State
 3905  Board of Community Colleges Education, shall adopt regulations
 3906  to implement this section for state universities and shall
 3907  develop substitute requirements where appropriate.
 3908         Section 61. Subsections (6), (7), and (8) of section
 3909  1007.27, Florida Statutes, are amended to read:
 3910         1007.27 Articulated acceleration mechanisms.—
 3911         (6) Credit by examination shall be the program through
 3912  which secondary and postsecondary students generate
 3913  postsecondary credit based on the receipt of a specified minimum
 3914  score on nationally standardized general or subject-area
 3915  examinations. For the purpose of statewide application, such
 3916  examinations and the corresponding minimum scores required for
 3917  an award of credit shall be delineated by the State Board of
 3918  Education, and the Board of Governors, and the State Board of
 3919  Community Colleges in the statewide articulation agreement
 3920  required by s. 1007.23(1). The maximum credit generated by a
 3921  student pursuant to this subsection shall be mitigated by any
 3922  related postsecondary credit earned by the student prior to the
 3923  administration of the examination. This subsection shall not
 3924  preclude Florida Community College System institutions and
 3925  universities from awarding credit by examination based on
 3926  student performance on examinations developed within and
 3927  recognized by the individual postsecondary institutions.
 3928         (7) The International Baccalaureate Program shall be the
 3929  curriculum in which eligible secondary students are enrolled in
 3930  a program of studies offered through the International
 3931  Baccalaureate Program administered by the International
 3932  Baccalaureate Office. The State Board of Community Colleges
 3933  Education and the Board of Governors shall specify in the
 3934  statewide articulation agreement required by s. 1007.23(1) the
 3935  cutoff scores and International Baccalaureate Examinations which
 3936  will be used to grant postsecondary credit at Florida Community
 3937  College System institutions and universities. Any changes to the
 3938  articulation agreement, which have the effect of raising the
 3939  required cutoff score or of changing the International
 3940  Baccalaureate Examinations which will be used to grant
 3941  postsecondary credit, shall only apply to students taking
 3942  International Baccalaureate Examinations after such changes are
 3943  adopted by the State Board of Community Colleges Education and
 3944  the Board of Governors. Students shall be awarded a maximum of
 3945  30 semester credit hours pursuant to this subsection. The
 3946  specific course for which a student may receive such credit
 3947  shall be specified in the statewide articulation agreement
 3948  required by s. 1007.23(1). Students enrolled pursuant to this
 3949  subsection shall be exempt from the payment of any fees for
 3950  administration of the examinations regardless of whether or not
 3951  the student achieves a passing score on the examination.
 3952         (8) The Advanced International Certificate of Education
 3953  Program and the International General Certificate of Secondary
 3954  Education (pre-AICE) Program shall be the curricula in which
 3955  eligible secondary students are enrolled in programs of study
 3956  offered through the Advanced International Certificate of
 3957  Education Program or the International General Certificate of
 3958  Secondary Education (pre-AICE) Program administered by the
 3959  University of Cambridge Local Examinations Syndicate. The State
 3960  Board of Community Colleges Education and the Board of Governors
 3961  shall specify in the statewide articulation agreement required
 3962  by s. 1007.23(1) the cutoff scores and Advanced International
 3963  Certificate of Education examinations which will be used to
 3964  grant postsecondary credit at Florida Community College System
 3965  institutions and universities. Any changes to the cutoff scores,
 3966  which changes have the effect of raising the required cutoff
 3967  score or of changing the Advanced International Certification of
 3968  Education examinations which will be used to grant postsecondary
 3969  credit, shall apply to students taking Advanced International
 3970  Certificate of Education examinations after such changes are
 3971  adopted by the State Board of Community Colleges Education and
 3972  the Board of Governors. Students shall be awarded a maximum of
 3973  30 semester credit hours pursuant to this subsection. The
 3974  specific course for which a student may receive such credit
 3975  shall be determined by the Florida Community College System
 3976  institution or university that accepts the student for
 3977  admission. Students enrolled in either program of study pursuant
 3978  to this subsection shall be exempt from the payment of any fees
 3979  for administration of the examinations regardless of whether the
 3980  student achieves a passing score on the examination.
 3981         Section 62. Subsections (3) and (22) of section 1007.271,
 3982  Florida Statutes, are amended to read:
 3983         1007.271 Dual enrollment programs.—
 3984         (3) Student eligibility requirements for initial enrollment
 3985  in college credit dual enrollment courses must include a 3.0
 3986  unweighted high school grade point average and the minimum score
 3987  on a common placement test adopted by the State Board of
 3988  Education which indicates that the student is ready for college
 3989  level coursework. Student eligibility requirements for continued
 3990  enrollment in college credit dual enrollment courses must
 3991  include the maintenance of a 3.0 unweighted high school grade
 3992  point average and the minimum postsecondary grade point average
 3993  established by the postsecondary institution. Regardless of
 3994  meeting student eligibility requirements for continued
 3995  enrollment, a student may lose the opportunity to participate in
 3996  a dual enrollment course if the student is disruptive to the
 3997  learning process such that the progress of other students or the
 3998  efficient administration of the course is hindered. Student
 3999  eligibility requirements for initial and continued enrollment in
 4000  career certificate dual enrollment courses must include a 2.0
 4001  unweighted high school grade point average. Exceptions to the
 4002  required grade point averages may be granted on an individual
 4003  student basis if the educational entities agree and the terms of
 4004  the agreement are contained within the dual enrollment
 4005  articulation agreement established pursuant to subsection (21).
 4006  Florida Community College System institution boards of trustees
 4007  may establish additional initial student eligibility
 4008  requirements, which shall be included in the dual enrollment
 4009  articulation agreement, to ensure student readiness for
 4010  postsecondary instruction. Additional requirements included in
 4011  the agreement may not arbitrarily prohibit students who have
 4012  demonstrated the ability to master advanced courses from
 4013  participating in dual enrollment courses.
 4014         (22) The Department of Education shall develop an
 4015  electronic submission system for dual enrollment articulation
 4016  agreements and shall review, for compliance, each dual
 4017  enrollment articulation agreement submitted pursuant to
 4018  subsections (13), (21), and (24). The Commissioner of Education
 4019  shall notify the district school superintendent and the Florida
 4020  Community College System institution president if the dual
 4021  enrollment articulation agreement does not comply with statutory
 4022  requirements and shall submit any dual enrollment articulation
 4023  agreement with unresolved issues of noncompliance to the State
 4024  Board of Education. The State Board of Education shall
 4025  collaborate with the State Board of Community Colleges to
 4026  resolve unresolved issues of noncompliance.
 4027         Section 63. Subsection (6) of section 1007.273, Florida
 4028  Statutes, is amended to read:
 4029         1007.273 Collegiate high school program.—
 4030         (6) The collegiate high school program shall be funded
 4031  pursuant to ss. 1007.271 and 1011.62. The State Board of
 4032  Education shall enforce compliance with this section by
 4033  withholding the transfer of funds for the school districts and
 4034  the Florida College System institutions in accordance with s.
 4035  1008.32. Annually by December 31, the State Board of Community
 4036  Colleges shall enforce compliance with this section by
 4037  withholding the transfer of funds for the Florida Community
 4038  College System institutions in accordance with s. 1001.602.
 4039         Section 64. Section 1007.33, Florida Statutes, is amended
 4040  to read:
 4041         1007.33 Site-determined baccalaureate degree access.—
 4042         (1)(a) The Legislature recognizes that public and private
 4043  postsecondary educational institutions play an essential role in
 4044  improving the quality of life and economic well-being of the
 4045  state and its residents. The Legislature also recognizes that
 4046  economic development needs and the educational needs of place
 4047  bound, nontraditional students have increased the demand for
 4048  local access to baccalaureate degree programs. It is therefore
 4049  the intent of the Legislature to further expand access to
 4050  baccalaureate degree programs through the use of Florida
 4051  Community College System institutions.
 4052         (b) For purposes of this section, the term “district”
 4053  refers to the county or counties served by a Florida Community
 4054  College System institution pursuant to s. 1000.21(3).
 4055         (2) Any Florida Community College System institution that
 4056  offers one or more baccalaureate degree programs must:
 4057         (a) Maintain as its primary mission:
 4058         1. Responsibility for responding to community needs for
 4059  postsecondary academic education and career degree education as
 4060  prescribed in s. 1004.65(5).
 4061         2. The provision of associate degrees that provide access
 4062  to a university.
 4063         (b) Maintain an open-door admission policy for associate
 4064  level degree programs and workforce education programs.
 4065         (c) Continue to provide outreach to underserved
 4066  populations.
 4067         (d) Continue to provide remedial education pursuant to s.
 4068  1008.30.
 4069         (e) Comply with all provisions of the statewide
 4070  articulation agreement which relate to 2-year and 4-year public
 4071  degree-granting institutions as adopted by the State Board of
 4072  Education or the State Board of Community Colleges, as
 4073  applicable, pursuant to s. 1007.23.
 4074         (f) Not award graduate credit.
 4075         (g) Not participate in intercollegiate athletics beyond the
 4076  2-year level.
 4077         (3) A Florida Community College System institution may not
 4078  terminate its associate in arts or associate in science degree
 4079  programs as a result of being authorized to offer one or more
 4080  baccalaureate degree programs. The Legislature intends that the
 4081  primary responsibility of a Florida Community College System
 4082  institution, including a Florida Community College System
 4083  institution that offers baccalaureate degree programs, continues
 4084  to be the provision of associate degrees that provide access to
 4085  a university.
 4086         (4) A Florida Community College System institution may:
 4087         (a) Offer specified baccalaureate degree programs through
 4088  formal agreements between the Florida Community College System
 4089  institution and other regionally accredited postsecondary
 4090  educational institutions pursuant to s. 1007.22.
 4091         (b) Offer baccalaureate degree programs that are were
 4092  authorized by law prior to July 1, 2009.
 4093         (c) Beginning July 1, 2009, establish a first or subsequent
 4094  baccalaureate degree program for purposes of meeting district,
 4095  regional, or statewide workforce needs if approved by the State
 4096  Board of Community Colleges Education under this section.
 4097  However, a Florida Community College System institution may not
 4098  offer a bachelor of arts degree program.
 4099  
 4100  Beginning July 1, 2009, the Board of Trustees of St. Petersburg
 4101  College is authorized to establish one or more bachelor of
 4102  applied science degree programs based on an analysis of
 4103  workforce needs in Pinellas, Pasco, and Hernando Counties and
 4104  other counties approved by the Department of Education. For each
 4105  program selected, St. Petersburg College must offer a related
 4106  associate in science or associate in applied science degree
 4107  program, and the baccalaureate degree level program must be
 4108  designed to articulate fully with at least one associate in
 4109  science degree program. The college is encouraged to develop
 4110  articulation agreements for enrollment of graduates of related
 4111  associate in applied science degree programs. The Board of
 4112  Trustees of St. Petersburg College is authorized to establish
 4113  additional baccalaureate degree programs if it determines a
 4114  program is warranted and feasible based on each of the factors
 4115  in paragraph (5)(d). However, the Board of Trustees of St.
 4116  Petersburg College may not establish any new baccalaureate
 4117  degree programs from March 31, 2014, through May 31, 2015. Prior
 4118  to developing or proposing a new baccalaureate degree program,
 4119  St. Petersburg College shall engage in need, demand, and impact
 4120  discussions with the state university in its service district
 4121  and other local and regional, accredited postsecondary providers
 4122  in its region. Documentation, data, and other information from
 4123  inter-institutional discussions regarding program need, demand,
 4124  and impact shall be provided to the college’s board of trustees
 4125  to inform the program approval process. Employment at St.
 4126  Petersburg College is governed by the same laws that govern
 4127  Florida College System institutions, except that upper-division
 4128  faculty are eligible for continuing contracts upon the
 4129  completion of the fifth year of teaching. Employee records for
 4130  all personnel shall be maintained as required by s. 1012.81.
 4131         (5) The approval process for baccalaureate degree programs
 4132  requires shall require:
 4133         (a) Each Florida Community College System institution to
 4134  submit a notice of its intent to propose a baccalaureate degree
 4135  program to the State Board of Community Division of Florida
 4136  Colleges at least 1 year 100 days before the submission of its
 4137  proposal under paragraph (c) (d). The notice must include a
 4138  brief description of the program, the workforce demand and unmet
 4139  need for graduates of the program to include evidence from
 4140  entities independent of the institution, the geographic region
 4141  to be served, and an estimated timeframe for implementation.
 4142  Notices of intent may be submitted by a Florida Community
 4143  College System institution at any time throughout the year. The
 4144  notice must also include evidence that the Florida Community
 4145  College System institution engaged in need, demand, and impact
 4146  discussions with the state university and other regionally
 4147  accredited postsecondary education providers in its service
 4148  district.
 4149         (b) The State Board of Community Division of Florida
 4150  Colleges to forward the notice of intent submitted pursuant to
 4151  paragraph (a) and the justification for the proposed
 4152  baccalaureate degree program submitted pursuant to paragraph (c)
 4153  within 10 business days after receiving such notice and
 4154  justification to the Chancellor of the State University System,
 4155  the president of the Independent Colleges and Universities of
 4156  Florida, and the Executive Director of the Commission for
 4157  Independent Education. State universities shall have 180 60 days
 4158  following receipt of the notice and justification by the
 4159  Chancellor of the State University System to submit an
 4160  objection, including a reason for the objection, objections to
 4161  the proposed new program or submit an alternative proposal to
 4162  offer the baccalaureate degree program. The Chancellor of the
 4163  State University System shall review the objection raised by a
 4164  state university and inform the Board of Governors of the
 4165  objection before a state university submits its objection to the
 4166  State Board of Community Colleges. The State Board of Community
 4167  Colleges must consult with the Chancellor of the State
 4168  University System to consider the objection raised by the state
 4169  university before approving or denying a Florida Community
 4170  College System institution’s proposal submitted pursuant to
 4171  paragraph (c). If a proposal from a state university is not
 4172  received within the 60-day period, The State Board of Community
 4173  Colleges Education shall also provide regionally accredited
 4174  private colleges and universities 180 30 days to submit
 4175  objections to the proposed new program or submit an alternative
 4176  proposal. Objections by a regionally accredited private college
 4177  or university or alternative proposals shall be submitted to the
 4178  State Board of Community Division of Florida Colleges, and the
 4179  state board must consider such objections before and must be
 4180  considered by the State Board of Education in making its
 4181  decision to approve or deny a Florida Community College System
 4182  institution’s proposal submitted pursuant to paragraph (c).
 4183         (c) An alternative proposal submitted by a state university
 4184  or private college or university to adequately address:
 4185         1. The extent to which the workforce demand and unmet need
 4186  described in the notice of intent will be met.
 4187         2. The extent to which students will be able to complete
 4188  the degree in the geographic region proposed to be served by the
 4189  Florida College System institution.
 4190         3. The level of financial commitment of the college or
 4191  university to the development, implementation, and maintenance
 4192  of the specified degree program, including timelines.
 4193         4. The extent to which faculty at both the Florida College
 4194  System institution and the college or university will
 4195  collaborate in the development and offering of the curriculum.
 4196         5. The ability of the Florida College System institution
 4197  and the college or university to develop and approve the
 4198  curriculum for the specified degree program within 6 months
 4199  after an agreement between the Florida College System
 4200  institution and the college or university is signed.
 4201         6. The extent to which the student may incur additional
 4202  costs above what the student would expect to incur if the
 4203  program were offered by the Florida College System institution.
 4204         (c)(d) Each proposal submitted by a Florida Community
 4205  College System institution to, at a minimum, include:
 4206         1. A description of the planning process and timeline for
 4207  implementation.
 4208         2. A justification for the proposed baccalaureate degree
 4209  program, including, at a minimum, a data-driven An analysis of
 4210  workforce demand and unmet need for graduates of the program on
 4211  a district, regional, or statewide basis, as appropriate, and
 4212  the extent to which the proposed program will meet the workforce
 4213  demand and unmet need. The analysis must include workforce and
 4214  employment data for the most recent 5 years and projections for
 4215  the next 3 years, and a summary of degree programs similar to
 4216  the proposed degree program which are currently offered by state
 4217  universities or by independent nonprofit colleges or
 4218  universities that are eligible to participate in a grant program
 4219  pursuant to s. 1009.89 and which are located in the Florida
 4220  Community College System institution’s regional service area.
 4221  The analysis must be verified by more than one third-party
 4222  professional entity that is including evidence from entities
 4223  independent of the Florida Community College System institution.
 4224  A Florida Community College System institution must submit the
 4225  justification to the State Board of Community Colleges within 90
 4226  days after forwarding the institution’s notice of intent to
 4227  propose a baccalaureate degree program. The State Board of
 4228  Community Colleges must forward the justification for the
 4229  proposed baccalaureate degree program within 10 business days
 4230  after receiving the justification to the Chancellor of the State
 4231  University System, the president of the Independent Colleges and
 4232  Universities of Florida, and the Executive Director of the
 4233  Commission for Independent Education.
 4234         3. Identification of the facilities, equipment, and library
 4235  and academic resources that will be used to deliver the program.
 4236         4. The program cost analysis of creating a new
 4237  baccalaureate degree when compared to alternative proposals and
 4238  other program delivery options.
 4239         5. The program’s admission requirements, academic content,
 4240  curriculum, faculty credentials, student-to-teacher ratios, and
 4241  accreditation plan.
 4242         6. The program’s enrollment projections and funding
 4243  requirements, including:
 4244         a. The impact of the program’s enrollment projections on
 4245  compliance with the upper-level enrollment provisions under
 4246  subsection (6); and
 4247         b. The institution’s efforts to sustain the program at the
 4248  cost of tuition and fees for students who are classified as
 4249  residents for tuition purposes under s. 1009.21, not to exceed
 4250  $10,000 for the entire degree program, including flexible
 4251  tuition and fee rates, and the use of waivers pursuant to s.
 4252  1009.26(11).
 4253         7. A plan of action if the program is terminated.
 4254         (d)(e) The State Board of Community Division of Florida
 4255  Colleges to review the proposal, notify the Florida Community
 4256  College System institution of any deficiencies in writing within
 4257  30 days following receipt of the proposal, and provide the
 4258  Florida Community College System institution with an opportunity
 4259  to correct the deficiencies. Within 45 days following receipt of
 4260  a completed proposal by the State Board of Community Division of
 4261  Florida Colleges, the Chancellor of the Florida Community
 4262  College System Commissioner of Education shall recommend
 4263  approval or disapproval of the proposal to the State Board of
 4264  Community Colleges Education. The State Board of Community
 4265  Colleges Education shall consider such recommendation, the
 4266  proposal, input from the Chancellor of the State University
 4267  System and the president of the Independent Colleges and
 4268  Universities of Florida, and any objections or alternative
 4269  proposals at its next meeting. If the State Board of Community
 4270  Colleges Education disapproves the Florida Community College
 4271  System institution’s proposal, it shall provide the Florida
 4272  Community College System institution with written reasons for
 4273  that determination.
 4274         (e)(f) The Florida Community College System institution to
 4275  obtain from the Commission on Colleges of the Southern
 4276  Association of Colleges and Schools accreditation as a
 4277  baccalaureate-degree-granting institution if approved by the
 4278  State Board of Community Colleges Education to offer its first
 4279  baccalaureate degree program.
 4280         (f)(g) The Florida Community College System institution to
 4281  notify the Commission on Colleges of the Southern Association of
 4282  Colleges and Schools of subsequent degree programs that are
 4283  approved by the State Board of Community Colleges Education and
 4284  to comply with the association’s required substantive change
 4285  protocols for accreditation purposes.
 4286         (g)(h) The Florida Community College System institution to
 4287  annually report to the State Board of Community Colleges, the
 4288  Chancellor of the State University System, and upon request of
 4289  the State Board of Education, the Commissioner of Education, the
 4290  Chancellor of the Florida College System, or the Legislature,
 4291  report its status using the following performance and compliance
 4292  indicators:
 4293         1. Obtaining and maintaining appropriate Southern
 4294  Association of Colleges and Schools accreditation;
 4295         2. Maintaining qualified faculty and institutional
 4296  resources;
 4297         3. Maintaining enrollment in previously approved programs;
 4298         4. Managing fiscal resources appropriately;
 4299         5. Complying with the primary mission and responsibility
 4300  requirements in subsections (2) and (3); and
 4301         6. Other indicators of success, including program
 4302  completions, employment and earnings outcomes, student
 4303  acceptance into and performance in graduate programs placements,
 4304  and surveys of graduates and employers; and.
 4305         7. Continuing to meet workforce demand, as provided in
 4306  subparagraph (c)2., as demonstrated through a data-driven needs
 4307  assessment by the Florida Community College System institution
 4308  which is verified by more than one third-party professional
 4309  entity that is independent of the institution.
 4310         8. Complying with the upper-level enrollment provisions
 4311  under subsection (6).
 4312  
 4313  The State Board of Community Colleges Education, upon annual
 4314  review of the baccalaureate degree program performance and
 4315  compliance indicators and needs assessment, may require a
 4316  Florida Community College System institution’s board of trustees
 4317  to modify or terminate a baccalaureate degree program authorized
 4318  under this section. If the annual review indicates negative
 4319  program performance and compliance results, and if the needs
 4320  assessment fails to demonstrate a need for the program, the
 4321  State Board of Community Colleges must require a Florida
 4322  Community College System institution’s board of trustees to
 4323  terminate that baccalaureate degree program.
 4324         (6)(a) If the 2015-2016 total upper-level, undergraduate
 4325  full-time equivalent enrollment at a Florida Community College
 4326  System institution is at or above 8 percent of the 2015-2016
 4327  combined total lower-level and upper-level full-time equivalent
 4328  enrollment at that institution, the total upper-level
 4329  enrollment, as a percentage of the combined enrollment, may not
 4330  increase by more than 2 percentage points unless the institution
 4331  obtains prior legislative approval.
 4332         (b) If the 2015-2016 total upper-level, undergraduate full
 4333  time equivalent enrollment at a Florida Community College System
 4334  institution is below 8 percent of the 2015-2016 combined total
 4335  lower-level and upper-level full-time equivalent enrollment at
 4336  that institution, the total upper-level enrollment, as a
 4337  percentage of the combined enrollment, may not increase by more
 4338  than 4 percentage points unless the institution obtains prior
 4339  legislative approval.
 4340         (c) Within the 2 percent or 4 percent growth authorized
 4341  under paragraphs (a) or (b), for any planned and purposeful
 4342  expansion of existing baccalaureate degree programs or creation
 4343  of a new baccalaureate program, a community college must
 4344  demonstrate satisfactory performance in fulfilling its primary
 4345  mission pursuant to s. 1004.65, executing at least one “2+2”
 4346  targeted pathway articulation agreement pursuant to s. 1007.23,
 4347  and meeting or exceeding the performance standards related to
 4348  on-time graduation rates under s. 1001.66 for students earning
 4349  associate of arts or baccalaureate degrees. The State Board of
 4350  Community Colleges may not approve a new baccalaureate degree
 4351  program proposal for a community college that does not meet the
 4352  conditions specified in this subsection in addition to the other
 4353  requirements for approval under this section. Each community
 4354  college that offers a baccalaureate degree must annually review
 4355  each baccalaureate degree program and annually report to the
 4356  State Board of Community Colleges, in a format prescribed by the
 4357  state board, current and projected student enrollment for such
 4358  program, justification for continuation of each baccalaureate
 4359  degree program, and a plan to comply with the upper-level
 4360  enrollment provisions of this subsection. A Florida Community
 4361  College System institution that does not comply with the
 4362  requirements of this section is subject to s. 1001.602(9) and
 4363  may not report for funding, the upper-level, undergraduate full
 4364  time equivalent enrollment that exceeds the upper-level
 4365  enrollment percent provision of this subsection.
 4366         (7)(6) The State Board of Community Colleges Education
 4367  shall adopt rules to prescribe format and content requirements
 4368  and submission procedures for notices of intent, proposals,
 4369  alternative proposals, and compliance reviews under subsection
 4370  (5).
 4371         Section 65. Subsections (1), (3), (4), and (5) of section
 4372  1008.30, Florida Statutes, are amended to read:
 4373         1008.30 Common placement testing for public postsecondary
 4374  education.—
 4375         (1) The State Board of Community Colleges Education, in
 4376  conjunction with the Board of Governors and the State Board of
 4377  Education, shall develop and implement a common placement test
 4378  for the purpose of assessing the basic computation and
 4379  communication skills of students who intend to enter a degree
 4380  program at any public postsecondary educational institution.
 4381  Alternative assessments that may be accepted in lieu of the
 4382  common placement test shall also be identified in rule. Public
 4383  postsecondary educational institutions shall provide appropriate
 4384  modifications of the test instruments or test procedures for
 4385  students with disabilities.
 4386         (3) By October 31, 2013, The State Board of Community
 4387  Colleges, in conjunction with the Board of Governors and the
 4388  State Board of Education, Education shall establish by rule the
 4389  test scores a student must achieve to demonstrate readiness to
 4390  perform college-level work, and the rules must specify the
 4391  following:
 4392         (a) A student who entered 9th grade in a Florida public
 4393  school in the 2003-2004 school year, or any year thereafter, and
 4394  earned a Florida standard high school diploma or a student who
 4395  is serving as an active duty member of any branch of the United
 4396  States Armed Services shall not be required to take the common
 4397  placement test and shall not be required to enroll in
 4398  developmental education instruction in a Florida Community
 4399  College System institution. However, a student who is not
 4400  required to take the common placement test and is not required
 4401  to enroll in developmental education under this paragraph may
 4402  opt to be assessed and to enroll in developmental education
 4403  instruction, and the college shall provide such assessment and
 4404  instruction upon the student’s request.
 4405         (b) A student who takes the common placement test and whose
 4406  score on the test indicates a need for developmental education
 4407  must be advised of all the developmental education options
 4408  offered at the institution and, after advisement, shall be
 4409  allowed to enroll in the developmental education option of his
 4410  or her choice.
 4411         (c) A student who demonstrates readiness by achieving or
 4412  exceeding the test scores established by the state board and
 4413  enrolls in a Florida Community College System institution within
 4414  2 years after achieving such scores shall not be required to
 4415  retest or complete developmental education when admitted to any
 4416  Florida Community College System institution.
 4417         (4) By December 31, 2013, The State Board of Community
 4418  Colleges Education, in consultation with the Board of Governors,
 4419  shall approve a series of meta-majors and the academic pathways
 4420  that identify the gateway courses associated with each meta
 4421  major. Florida Community College System institutions shall use
 4422  placement test results to determine the extent to which each
 4423  student demonstrates sufficient communication and computation
 4424  skills to indicate readiness for his or her chosen meta-major.
 4425  Florida Community College System institutions shall counsel
 4426  students into college credit courses as quickly as possible,
 4427  with developmental education limited to that content needed for
 4428  success in the meta-major.
 4429         (5)(a) Each Florida Community College System institution
 4430  board of trustees shall develop a plan to implement the
 4431  developmental education strategies defined in s. 1008.02 and
 4432  rules established by the State Board of Community Colleges
 4433  Education. The plan must be submitted to the Chancellor of the
 4434  Florida Community College System for approval no later than
 4435  March 1, 2014, for implementation no later than the fall
 4436  semester 2014. Each plan must include, at a minimum, local
 4437  policies that outline:
 4438         1. Documented student achievements such as grade point
 4439  averages, work history, military experience, participation in
 4440  juried competitions, career interests, degree major declaration,
 4441  or any combination of such achievements that the institution may
 4442  consider, in addition to common placement test scores, for
 4443  advising students regarding enrollment options.
 4444         2. Developmental education strategies available to
 4445  students.
 4446         3. A description of student costs and financial aid
 4447  opportunities associated with each option.
 4448         4. Provisions for the collection of student success data.
 4449         5. A comprehensive plan for advising students into
 4450  appropriate developmental education strategies based on student
 4451  success data.
 4452         (b) Beginning October 31, 2015, each Florida Community
 4453  College System institution shall annually prepare an
 4454  accountability report that includes student success data
 4455  relating to each developmental education strategy implemented by
 4456  the institution. The report shall be submitted to the State
 4457  Board of Community Division of Florida Colleges by October 31 in
 4458  a format determined by the Chancellor of the Florida Community
 4459  College System. By December 31, the chancellor shall compile and
 4460  submit the institutional reports to the Governor, the President
 4461  of the Senate, the Speaker of the House of Representatives, and
 4462  the State Board of Community Colleges and the State Board of
 4463  Education.
 4464         (c) A university board of trustees may contract with a
 4465  Florida Community College System institution board of trustees
 4466  for the Florida Community College System institution to provide
 4467  developmental education on the state university campus. Any
 4468  state university in which the percentage of incoming students
 4469  requiring developmental education equals or exceeds the average
 4470  percentage of such students for the Florida Community College
 4471  System may offer developmental education without contracting
 4472  with a Florida Community College System institution; however,
 4473  any state university offering college-preparatory instruction as
 4474  of January 1, 1996, may continue to provide such services.
 4475         Section 66. Paragraphs (d) and (e) of subsection (1) and
 4476  paragraphs (a) and (c) of subsection (3) of section 1008.31,
 4477  Florida Statutes, are amended to read:
 4478         1008.31 Florida’s K-20 education performance accountability
 4479  system; legislative intent; mission, goals, and systemwide
 4480  measures; data quality improvements.—
 4481         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4482  that:
 4483         (d) The State Board of Education, and the Board of
 4484  Governors of the State University System, and the State Board of
 4485  Community Colleges of the Florida Community College System
 4486  recommend to the Legislature systemwide performance standards;
 4487  the Legislature establish systemwide performance measures and
 4488  standards; and the systemwide measures and standards provide
 4489  Floridians with information on what the public is receiving in
 4490  return for the funds it invests in education and how well the K
 4491  20 system educates its students.
 4492         (e)1. The State Board of Education establish performance
 4493  measures and set performance standards for individual public
 4494  schools and Florida College System institutions, with measures
 4495  and standards based primarily on student achievement.
 4496         2. The Board of Governors of the State University System
 4497  establish performance measures and set performance standards for
 4498  individual state universities, including actual completion
 4499  rates.
 4500         3. The State Board of Community Colleges establish
 4501  performance measures and set performance standards for
 4502  individual Florida Community College System institutions.
 4503         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4504  data required to implement education performance accountability
 4505  measures in state and federal law, the Commissioner of Education
 4506  shall initiate and maintain strategies to improve data quality
 4507  and timeliness. The Board of Governors shall make available to
 4508  the department all data within the State University Database
 4509  System to be integrated into the K-20 data warehouse. The
 4510  commissioner shall have unlimited access to such data for the
 4511  purposes of conducting studies, reporting annual and
 4512  longitudinal student outcomes, and improving college readiness
 4513  and articulation. All public educational institutions shall
 4514  annually provide data from the prior year to the K-20 data
 4515  warehouse in a format based on data elements identified by the
 4516  commissioner.
 4517         (a) School districts and public postsecondary educational
 4518  institutions shall maintain information systems that will
 4519  provide the State Board of Education, the Board of Governors of
 4520  the State University System, the State Board of Community
 4521  Colleges of the Florida Community College System, and the
 4522  Legislature with information and reports necessary to address
 4523  the specifications of the accountability system. The level of
 4524  comprehensiveness and quality must be no less than that which
 4525  was available as of June 30, 2001.
 4526         (c) The Commissioner of Education shall determine the
 4527  standards for the required data, monitor data quality, and
 4528  measure improvements. The commissioner shall report annually to
 4529  the State Board of Education, the Board of Governors of the
 4530  State University System, the State Board of Community Colleges
 4531  of the Florida Community College System, the President of the
 4532  Senate, and the Speaker of the House of Representatives data
 4533  quality indicators and ratings for all school districts and
 4534  public postsecondary educational institutions.
 4535         Section 67. Section 1008.32, Florida Statutes, is amended
 4536  to read:
 4537         1008.32 State Board of Education oversight enforcement
 4538  authority.—The State Board of Education shall oversee the
 4539  performance of district school boards and Florida College System
 4540  institution boards of trustees in enforcement of all laws and
 4541  rules. District school boards and Florida College System
 4542  institution boards of trustees shall be primarily responsible
 4543  for compliance with law and state board rule.
 4544         (1) In order to ensure compliance with law or state board
 4545  rule, the State Board of Education shall have the authority to
 4546  request and receive information, data, and reports from school
 4547  districts and Florida College System institutions. District
 4548  school superintendents and Florida College System institution
 4549  presidents are responsible for the accuracy of the information
 4550  and data reported to the state board.
 4551         (2) The Commissioner of Education may investigate
 4552  allegations of noncompliance with law or state board rule and
 4553  determine probable cause. The commissioner shall report
 4554  determinations of probable cause to the State Board of Education
 4555  which shall require the district school board or Florida College
 4556  System institution board of trustees to document compliance with
 4557  law or state board rule.
 4558         (3) If the district school board or Florida College System
 4559  institution board of trustees cannot satisfactorily document
 4560  compliance, the State Board of Education may order compliance
 4561  within a specified timeframe.
 4562         (4) If the State Board of Education determines that a
 4563  district school board or Florida College System institution
 4564  board of trustees is unwilling or unable to comply with law or
 4565  state board rule within the specified time, the state board
 4566  shall have the authority to initiate any of the following
 4567  actions:
 4568         (a) Report to the Legislature that the school district or
 4569  Florida College System institution is unwilling or unable to
 4570  comply with law or state board rule and recommend action to be
 4571  taken by the Legislature.
 4572         (b) Withhold the transfer of state funds, discretionary
 4573  grant funds, discretionary lottery funds, or any other funds
 4574  specified as eligible for this purpose by the Legislature until
 4575  the school district or Florida College System institution
 4576  complies with the law or state board rule.
 4577         (c) Declare the school district or Florida College System
 4578  institution ineligible for competitive grants.
 4579         (d) Require monthly or periodic reporting on the situation
 4580  related to noncompliance until it is remedied.
 4581         (5) Nothing in this section shall be construed to create a
 4582  private cause of action or create any rights for individuals or
 4583  entities in addition to those provided elsewhere in law or rule.
 4584         Section 68. Paragraphs (e) and (f) of subsection (7) of
 4585  section 1008.345, Florida Statutes, are amended to read:
 4586         1008.345 Implementation of state system of school
 4587  improvement and education accountability.—
 4588         (7) As a part of the system of educational accountability,
 4589  the Department of Education shall:
 4590         (e) Maintain a listing of college-level communication and
 4591  mathematics skills associated with successful student
 4592  performance through the baccalaureate level and submit it to the
 4593  State Board of Education, and the Board of Governors, and the
 4594  State Board of Community Colleges for approval.
 4595         (f) Perform any other functions that may be involved in
 4596  educational planning, research, and evaluation or that may be
 4597  required by the commissioner, the State Board of Education, the
 4598  State Board of Community Colleges, the Board of Governors, or
 4599  law.
 4600         Section 69. Subsections (1) and (2) of section 1008.37,
 4601  Florida Statutes, are amended to read:
 4602         1008.37 Postsecondary feedback of information to high
 4603  schools.—
 4604         (1) The Commissioner of Education shall report to the State
 4605  Board of Education, the Board of Governors, the State Board of
 4606  Community Colleges, the Legislature, and the district school
 4607  boards on the performance of each first-time-in-postsecondary
 4608  education student from each public high school in this state who
 4609  is enrolled in a public postsecondary institution or public
 4610  career center. Such reports must be based on information
 4611  databases maintained by the Department of Education. In
 4612  addition, the public postsecondary educational institutions and
 4613  career centers shall provide district school boards access to
 4614  information on student performance in regular and preparatory
 4615  courses and shall indicate students referred for remediation
 4616  pursuant to s. 1004.91 or s. 1008.30.
 4617         (2) The Commissioner of Education shall report, by high
 4618  school, to the State Board of Education, the Board of Governors,
 4619  the State Board of Community Colleges, and the Legislature, no
 4620  later than November 30 of each year, on the number of prior year
 4621  Florida high school graduates who enrolled for the first time in
 4622  public postsecondary education in this state during the previous
 4623  summer, fall, or spring term, indicating the number of students
 4624  whose scores on the common placement test indicated the need for
 4625  developmental education under s. 1008.30 or for applied
 4626  academics for adult education under s. 1004.91.
 4627         Section 70. Section 1008.38, Florida Statutes, is amended
 4628  to read:
 4629         1008.38 Articulation accountability process.—The State
 4630  Board of Education, in conjunction with the Board of Governors
 4631  and the State Board of Community Colleges, shall develop
 4632  articulation accountability measures which assess the status of
 4633  systemwide articulation processes authorized under s. 1007.23
 4634  and establish an articulation accountability process which at a
 4635  minimum shall address:
 4636         (1) The impact of articulation processes on ensuring
 4637  educational continuity and the orderly and unobstructed
 4638  transition of students between public secondary and
 4639  postsecondary education systems and facilitating the transition
 4640  of students between the public and private sectors.
 4641         (2) The adequacy of preparation of public secondary
 4642  students to smoothly articulate to a public postsecondary
 4643  institution.
 4644         (3) The effectiveness of articulated acceleration
 4645  mechanisms available to secondary students.
 4646         (4) The smooth transfer of Florida Community College System
 4647  associate degree graduates to a Florida Community College System
 4648  institution or a state university.
 4649         (5) An examination of degree requirements that exceed the
 4650  parameters of 60 credit hours for an associate degree and 120
 4651  hours for a baccalaureate degree in public postsecondary
 4652  programs.
 4653         (6) The relationship between student attainment of college
 4654  level academic skills and articulation to the upper division in
 4655  public postsecondary institutions.
 4656         Section 71. Section 1008.405, Florida Statutes, is amended
 4657  to read:
 4658         1008.405 Adult student information.—Each school district
 4659  and Florida Community College System institution shall maintain
 4660  sufficient information for each student enrolled in workforce
 4661  education to allow local and state administrators to locate such
 4662  student upon the termination of instruction and to determine the
 4663  appropriateness of student placement in specific instructional
 4664  programs. The State Board of Education and the State Board of
 4665  Community Colleges shall adopt, by rule, specific information
 4666  that must be maintained and acceptable means of maintaining that
 4667  information.
 4668         Section 72. Subsection (2) of section 1008.44, Florida
 4669  Statutes, is amended to read:
 4670         1008.44 CAPE Industry Certification Funding List and CAPE
 4671  Postsecondary Industry Certification Funding List.—
 4672         (2) The State Board of Education, for school districts, and
 4673  the State Board of Community Colleges, for Florida Community
 4674  College System institutions, shall approve, at least annually,
 4675  the CAPE Postsecondary Industry Certification Funding List
 4676  pursuant to this section. The Commissioner of Education and the
 4677  Chancellor of the Florida Community College System shall
 4678  recommend, at least annually, the CAPE Postsecondary Industry
 4679  Certification Funding List to the State Board of Education and
 4680  the State Board of Community Colleges, respectively, and may at
 4681  any time recommend adding certifications. The Chancellor of the
 4682  State University System, the Chancellor of the Florida Community
 4683  College System, and the Chancellor of Career and Adult Education
 4684  shall work with local workforce boards, other postsecondary
 4685  institutions, businesses, and industry to identify, create, and
 4686  recommend to the Commissioner of Education industry
 4687  certifications to be placed on the funding list. The list shall
 4688  be used to determine annual performance funding distributions to
 4689  school districts or Florida Community College System
 4690  institutions as specified in ss. 1011.80 and 1011.81,
 4691  respectively. The chancellors shall review results of the
 4692  economic security report of employment and earning outcomes
 4693  produced annually pursuant to s. 445.07 when determining
 4694  recommended certifications for the list, as well as other
 4695  reports and indicators available regarding certification needs.
 4696         Section 73. Section 1008.45, Florida Statutes, is amended
 4697  to read:
 4698         1008.45 Florida Community College System institution
 4699  accountability process.—
 4700         (1) It is the intent of the Legislature that a management
 4701  and accountability process be implemented which provides for the
 4702  systematic, ongoing improvement and assessment of the
 4703  improvement of the quality and efficiency of the Florida
 4704  Community College System institutions. Accordingly, the State
 4705  Board of Community Colleges Education and the Florida Community
 4706  College System institution boards of trustees shall develop and
 4707  implement an accountability plan to improve and evaluate the
 4708  instructional and administrative efficiency and effectiveness of
 4709  the Florida Community College System. This plan shall be
 4710  designed in consultation with staff of the Governor and the
 4711  Legislature and must address the following issues:
 4712         (a) Graduation rates of A.A. and A.S. degree-seeking
 4713  students compared to first-time-enrolled students seeking the
 4714  associate degree.
 4715         (b) Minority student enrollment and retention rates.
 4716         (c) Student performance, including student performance in
 4717  college-level academic skills, mean grade point averages for
 4718  Florida Community College System institution A.A. transfer
 4719  students, and Florida Community College System institution
 4720  student performance on state licensure examinations.
 4721         (d) Job placement rates of Florida Community College System
 4722  institution career students.
 4723         (e) Student progression by admission status and program.
 4724         (f) Career accountability standards identified in s.
 4725  1008.42.
 4726         (g) Institutional assessment efforts related to the
 4727  requirements of s. III in the Criteria for Accreditation of the
 4728  Commission on Colleges of the Southern Association of Colleges
 4729  and Schools.
 4730         (h) Other measures approved by the State Board of Community
 4731  Colleges Education.
 4732         (2) The State Board of Community Colleges Education shall
 4733  submit an annual report, to coincide with the submission of the
 4734  state board’s agency strategic plan required by law, providing
 4735  the results of initiatives taken during the prior year and the
 4736  initiatives and related objective performance measures proposed
 4737  for the next year.
 4738         (3) The State Board of Community Colleges Education shall
 4739  address within the annual evaluation of the performance of the
 4740  chancellor executive director, and the Florida Community College
 4741  System institution boards of trustees shall address within the
 4742  annual evaluation of the presidents, the achievement of the
 4743  performance goals established by the accountability process.
 4744         Section 74. Section 1009.21, Florida Statutes, is amended
 4745  to read:
 4746         1009.21 Determination of resident status for tuition
 4747  purposes.—Students shall be classified as residents or
 4748  nonresidents for the purpose of assessing tuition in
 4749  postsecondary educational programs offered by charter technical
 4750  career centers or career centers operated by school districts,
 4751  in Florida Community College System institutions, and in state
 4752  universities.
 4753         (1) As used in this section, the term:
 4754         (a) “Dependent child” means any person, whether or not
 4755  living with his or her parent, who is eligible to be claimed by
 4756  his or her parent as a dependent under the federal income tax
 4757  code.
 4758         (b) “Initial enrollment” means the first day of class at an
 4759  institution of higher education.
 4760         (c) “Institution of higher education” means any charter
 4761  technical career center as defined in s. 1002.34, career center
 4762  operated by a school district as defined in s. 1001.44, Florida
 4763  Community College System institution as defined in s.
 4764  1000.21(3), or state university as defined in s. 1000.21(6).
 4765         (d) “Legal resident” or “resident” means a person who has
 4766  maintained his or her residence in this state for the preceding
 4767  year, has purchased a home which is occupied by him or her as
 4768  his or her residence, or has established a domicile in this
 4769  state pursuant to s. 222.17.
 4770         (e) “Nonresident for tuition purposes” means a person who
 4771  does not qualify for the in-state tuition rate.
 4772         (f) “Parent” means either or both parents of a student, any
 4773  guardian of a student, or any person in a parental relationship
 4774  to a student.
 4775         (g) “Resident for tuition purposes” means a person who
 4776  qualifies as provided in this section for the in-state tuition
 4777  rate.
 4778         (2)(a) To qualify as a resident for tuition purposes:
 4779         1. A person or, if that person is a dependent child, his or
 4780  her parent or parents must have established legal residence in
 4781  this state and must have maintained legal residence in this
 4782  state for at least 12 consecutive months immediately prior to
 4783  his or her initial enrollment in an institution of higher
 4784  education.
 4785         2. Every applicant for admission to an institution of
 4786  higher education shall be required to make a statement as to his
 4787  or her length of residence in the state and, further, shall
 4788  establish that his or her presence or, if the applicant is a
 4789  dependent child, the presence of his or her parent or parents in
 4790  the state currently is, and during the requisite 12-month
 4791  qualifying period was, for the purpose of maintaining a bona
 4792  fide domicile, rather than for the purpose of maintaining a mere
 4793  temporary residence or abode incident to enrollment in an
 4794  institution of higher education.
 4795         (b) However, with respect to a dependent child living with
 4796  an adult relative other than the child’s parent, such child may
 4797  qualify as a resident for tuition purposes if the adult relative
 4798  is a legal resident who has maintained legal residence in this
 4799  state for at least 12 consecutive months immediately before the
 4800  child’s initial enrollment in an institution of higher
 4801  education, provided the child has resided continuously with such
 4802  relative for the 3 years immediately before the child’s initial
 4803  enrollment in an institution of higher education, during which
 4804  time the adult relative has exercised day-to-day care,
 4805  supervision, and control of the child.
 4806         (c) The legal residence of a dependent child whose parents
 4807  are divorced, separated, or otherwise living apart will be
 4808  deemed to be this state if either parent is a legal resident of
 4809  this state, regardless of which parent is entitled to claim, and
 4810  does in fact claim, the minor as a dependent pursuant to federal
 4811  individual income tax provisions.
 4812         (d) A dependent child who is a United States citizen may
 4813  not be denied classification as a resident for tuition purposes
 4814  based solely upon the immigration status of his or her parent.
 4815         (3)(a) An individual shall not be classified as a resident
 4816  for tuition purposes and, thus, shall not be eligible to receive
 4817  the in-state tuition rate until he or she has provided such
 4818  evidence related to legal residence and its duration or, if that
 4819  individual is a dependent child, evidence of his or her parent’s
 4820  legal residence and its duration, as may be required by law and
 4821  by officials of the institution of higher education from which
 4822  he or she seeks the in-state tuition rate.
 4823         (b) Except as otherwise provided in this section, evidence
 4824  of legal residence and its duration shall include clear and
 4825  convincing documentation that residency in this state was for a
 4826  minimum of 12 consecutive months prior to a student’s initial
 4827  enrollment in an institution of higher education.
 4828         (c) Each institution of higher education shall
 4829  affirmatively determine that an applicant who has been granted
 4830  admission to that institution as a Florida resident meets the
 4831  residency requirements of this section at the time of initial
 4832  enrollment. The residency determination must be documented by
 4833  the submission of written or electronic verification that
 4834  includes two or more of the documents identified in this
 4835  paragraph. No single piece of evidence shall be conclusive.
 4836         1. The documents must include at least one of the
 4837  following:
 4838         a. A Florida voter’s registration card.
 4839         b. A Florida driver license.
 4840         c. A State of Florida identification card.
 4841         d. A Florida vehicle registration.
 4842         e. Proof of a permanent home in Florida which is occupied
 4843  as a primary residence by the individual or by the individual’s
 4844  parent if the individual is a dependent child.
 4845         f. Proof of a homestead exemption in Florida.
 4846         g. Transcripts from a Florida high school for multiple
 4847  years if the Florida high school diploma or high school
 4848  equivalency diploma was earned within the last 12 months.
 4849         h. Proof of permanent full-time employment in Florida for
 4850  at least 30 hours per week for a 12-month period.
 4851         2. The documents may include one or more of the following:
 4852         a. A declaration of domicile in Florida.
 4853         b. A Florida professional or occupational license.
 4854         c. Florida incorporation.
 4855         d. A document evidencing family ties in Florida.
 4856         e. Proof of membership in a Florida-based charitable or
 4857  professional organization.
 4858         f. Any other documentation that supports the student’s
 4859  request for resident status, including, but not limited to,
 4860  utility bills and proof of 12 consecutive months of payments; a
 4861  lease agreement and proof of 12 consecutive months of payments;
 4862  or an official state, federal, or court document evidencing
 4863  legal ties to Florida.
 4864         (4) With respect to a dependent child, the legal residence
 4865  of the dependent child’s parent or parents is prima facie
 4866  evidence of the dependent child’s legal residence, which
 4867  evidence may be reinforced or rebutted, relative to the age and
 4868  general circumstances of the dependent child, by the other
 4869  evidence of legal residence required of or presented by the
 4870  dependent child. However, the legal residence of a dependent
 4871  child’s parent or parents who are domiciled outside this state
 4872  is not prima facie evidence of the dependent child’s legal
 4873  residence if that dependent child has lived in this state for 5
 4874  consecutive years prior to enrolling or reregistering at the
 4875  institution of higher education at which resident status for
 4876  tuition purposes is sought.
 4877         (5) A person who physically resides in this state may be
 4878  classified as a resident for tuition purposes if he or she
 4879  marries a person who meets the 12-month residency requirement
 4880  under subsection (2) and who is a legal resident of this state.
 4881         (6)(a) Except as otherwise provided in this section, a
 4882  person who is classified as a nonresident for tuition purposes
 4883  may become eligible for reclassification as a resident for
 4884  tuition purposes if that person or, if that person is a
 4885  dependent child, his or her parent presents clear and convincing
 4886  documentation that supports permanent legal residency in this
 4887  state for at least 12 consecutive months rather than temporary
 4888  residency for the purpose of pursuing an education, such as
 4889  documentation of full-time permanent employment for the prior 12
 4890  months or the purchase of a home in this state and residence
 4891  therein for the prior 12 months while not enrolled in an
 4892  institution of higher education.
 4893         (b) If a person who is a dependent child and his or her
 4894  parent move to this state while such child is a high school
 4895  student and the child graduates from a high school in this
 4896  state, the child may become eligible for reclassification as a
 4897  resident for tuition purposes when the parent submits evidence
 4898  that the parent qualifies for permanent residency.
 4899         (c) If a person who is a dependent child and his or her
 4900  parent move to this state after such child graduates from high
 4901  school, the child may become eligible for reclassification as a
 4902  resident for tuition purposes after the parent submits evidence
 4903  that he or she has established legal residence in the state and
 4904  has maintained legal residence in the state for at least 12
 4905  consecutive months.
 4906         (d) A person who is classified as a nonresident for tuition
 4907  purposes and who marries a legal resident of the state or
 4908  marries a person who becomes a legal resident of the state may,
 4909  upon becoming a legal resident of the state, become eligible for
 4910  reclassification as a resident for tuition purposes upon
 4911  submitting evidence of his or her own legal residency in the
 4912  state, evidence of his or her marriage to a person who is a
 4913  legal resident of the state, and evidence of the spouse’s legal
 4914  residence in the state for at least 12 consecutive months
 4915  immediately preceding the application for reclassification.
 4916         (7) A person shall not lose his or her resident status for
 4917  tuition purposes solely by reason of serving, or, if such person
 4918  is a dependent child, by reason of his or her parent’s or
 4919  parents’ serving, in the Armed Forces outside this state.
 4920         (8) A person who has been properly classified as a resident
 4921  for tuition purposes but who, while enrolled in an institution
 4922  of higher education in this state, loses his or her resident
 4923  tuition status because the person or, if he or she is a
 4924  dependent child, the person’s parent or parents establish
 4925  domicile or legal residence elsewhere shall continue to enjoy
 4926  the in-state tuition rate for a statutory grace period, which
 4927  period shall be measured from the date on which the
 4928  circumstances arose that culminated in the loss of resident
 4929  tuition status and shall continue for 12 months. However, if the
 4930  12-month grace period ends during a semester or academic term
 4931  for which such former resident is enrolled, such grace period
 4932  shall be extended to the end of that semester or academic term.
 4933         (9) Any person who ceases to be enrolled at or who
 4934  graduates from an institution of higher education while
 4935  classified as a resident for tuition purposes and who
 4936  subsequently abandons his or her domicile in this state shall be
 4937  permitted to reenroll at an institution of higher education in
 4938  this state as a resident for tuition purposes without the
 4939  necessity of meeting the 12-month durational requirement of this
 4940  section if that person has reestablished his or her domicile in
 4941  this state within 12 months of such abandonment and continuously
 4942  maintains the reestablished domicile during the period of
 4943  enrollment. The benefit of this subsection shall not be accorded
 4944  more than once to any one person.
 4945         (10) The following persons shall be classified as residents
 4946  for tuition purposes:
 4947         (a) Active duty members of the Armed Services of the United
 4948  States residing or stationed in this state, their spouses, and
 4949  dependent children, and active drilling members of the Florida
 4950  National Guard.
 4951         (b) Active duty members of the Armed Services of the United
 4952  States and their spouses and dependents attending a Florida
 4953  Community College System institution or state university within
 4954  50 miles of the military establishment where they are stationed,
 4955  if such military establishment is within a county contiguous to
 4956  Florida.
 4957         (c) United States citizens living on the Isthmus of Panama,
 4958  who have completed 12 consecutive months of college work at the
 4959  Florida State University Panama Canal Branch, and their spouses
 4960  and dependent children.
 4961         (d) Full-time instructional and administrative personnel
 4962  employed by state public schools and institutions of higher
 4963  education and their spouses and dependent children.
 4964         (e) Students from Latin America and the Caribbean who
 4965  receive scholarships from the federal or state government. Any
 4966  student classified pursuant to this paragraph shall attend, on a
 4967  full-time basis, a Florida institution of higher education.
 4968         (f) Southern Regional Education Board’s Academic Common
 4969  Market graduate students attending Florida’s state universities.
 4970         (g) Full-time employees of state agencies or political
 4971  subdivisions of the state when the student fees are paid by the
 4972  state agency or political subdivision for the purpose of job
 4973  related law enforcement or corrections training.
 4974         (h) McKnight Doctoral Fellows and Finalists who are United
 4975  States citizens.
 4976         (i) United States citizens living outside the United States
 4977  who are teaching at a Department of Defense Dependent School or
 4978  in an American International School and who enroll in a graduate
 4979  level education program which leads to a Florida teaching
 4980  certificate.
 4981         (j) Active duty members of the Canadian military residing
 4982  or stationed in this state under the North American Air Defense
 4983  (NORAD) agreement, and their spouses and dependent children,
 4984  attending a Florida Community College System institution or
 4985  state university within 50 miles of the military establishment
 4986  where they are stationed.
 4987         (k) Active duty members of a foreign nation’s military who
 4988  are serving as liaison officers and are residing or stationed in
 4989  this state, and their spouses and dependent children, attending
 4990  a Florida Community College System institution or state
 4991  university within 50 miles of the military establishment where
 4992  the foreign liaison officer is stationed.
 4993         (11) Once a student has been classified as a resident for
 4994  tuition purposes, an institution of higher education to which
 4995  the student transfers is not required to reevaluate the
 4996  classification unless inconsistent information suggests that an
 4997  erroneous classification was made or the student’s situation has
 4998  changed. However, the student must have attended the institution
 4999  making the initial classification within the prior 12 months,
 5000  and the residency classification must be noted on the student’s
 5001  transcript. The Higher Education Coordinating Council shall
 5002  consider issues related to residency determinations and make
 5003  recommendations relating to efficiency and effectiveness of
 5004  current law.
 5005         (12) Each institution of higher education shall establish a
 5006  residency appeal committee comprised of at least three members
 5007  to consider student appeals of residency determinations, in
 5008  accordance with the institution’s official appeal process. The
 5009  residency appeal committee must render to the student the final
 5010  residency determination in writing. The institution must advise
 5011  the student of the reasons for the determination.
 5012         (13) The State Board of Education, and the Board of
 5013  Governors, and the State Board of Community Colleges shall adopt
 5014  rules to implement this section.
 5015         Section 75. Paragraph (e) of subsection (3) of section
 5016  1009.22, Florida Statutes, is amended to read:
 5017         1009.22 Workforce education postsecondary student fees.—
 5018         (3)
 5019         (e) The State Board of Education and the State Board of
 5020  Community Colleges may adopt, by rule, the definitions and
 5021  procedures that district school boards and Florida Community
 5022  College System institution boards of trustees shall use in the
 5023  calculation of cost borne by students.
 5024         Section 76. Section 1009.23, Florida Statutes, is amended
 5025  to read:
 5026         1009.23 Florida Community College System institution
 5027  student fees.—
 5028         (1) Unless otherwise provided, this section applies only to
 5029  fees charged for college credit instruction leading to an
 5030  associate in arts degree, an associate in applied science
 5031  degree, an associate in science degree, or a baccalaureate
 5032  degree authorized pursuant to s. 1007.33, for noncollege credit
 5033  developmental education defined in s. 1004.02, and for educator
 5034  preparation institute programs defined in s. 1004.85.
 5035         (2)(a) All students shall be charged fees except students
 5036  who are exempt from fees or students whose fees are waived.
 5037         (b) Tuition and out-of-state fees for upper-division
 5038  courses must reflect the fact that the Florida Community College
 5039  System institution has a less expensive cost structure than that
 5040  of a state university. Therefore, the board of trustees shall
 5041  establish tuition and out-of-state fees for upper-division
 5042  courses in baccalaureate degree programs approved pursuant to s.
 5043  1007.33 consistent with law and proviso language in the General
 5044  Appropriations Act. However, the board of trustees may vary
 5045  tuition and out-of-state fees only as provided in subsection (6)
 5046  and s. 1009.26(11).
 5047         (3)(a) Effective July 1, 2014, for advanced and
 5048  professional, postsecondary vocational, developmental education,
 5049  and educator preparation institute programs, the standard
 5050  tuition shall be $71.98 per credit hour for residents and
 5051  nonresidents, and the out-of-state fee shall be $215.94 per
 5052  credit hour.
 5053         (b) Effective July 1, 2014, for baccalaureate degree
 5054  programs, the following tuition and fee rates shall apply:
 5055         1. The tuition shall be $91.79 per credit hour for students
 5056  who are residents for tuition purposes.
 5057         2. The sum of the tuition and he out-of-state fee per
 5058  credit hour for students who are nonresidents for tuition
 5059  purposes shall be no more than 85 percent of the sum of the
 5060  tuition and the out-of-state fee at the state university nearest
 5061  the Florida Community College System institution.
 5062         (4) Each Florida Community College System institution board
 5063  of trustees shall establish tuition and out-of-state fees, which
 5064  may vary no more than 10 percent below and 15 percent above the
 5065  combined total of the standard tuition and fees established in
 5066  subsection (3).
 5067         (5) Except as otherwise provided in law, the sum of
 5068  nonresident student tuition and out-of-state fees must be
 5069  sufficient to defray the full cost of each program.
 5070         (6)(a) A Florida Community College System institution board
 5071  of trustees that has a service area that borders another state
 5072  may implement a plan for a differential out-of-state fee.
 5073         (b) A Florida Community College System institution board of
 5074  trustees may establish a differential out-of-state fee for a
 5075  student who has been determined to be a nonresident for tuition
 5076  purposes pursuant to s. 1009.21 and is enrolled in a distance
 5077  learning course offered by the institution. A differential out
 5078  of-state fee established pursuant to this paragraph shall be
 5079  applicable only to distance learning courses and must be
 5080  established such that the sum of tuition and the differential
 5081  out-of-state fee is sufficient to defray the full cost of
 5082  instruction.
 5083         (7) Each Florida Community College System institution board
 5084  of trustees may establish a separate activity and service fee
 5085  not to exceed 10 percent of the tuition fee, according to rules
 5086  of the State Board of Community Colleges Education. The student
 5087  activity and service fee shall be collected as a component part
 5088  of the tuition and fees. The student activity and service fees
 5089  shall be paid into a student activity and service fund at the
 5090  Florida Community College System institution and shall be
 5091  expended for lawful purposes to benefit the student body in
 5092  general. These purposes include, but are not limited to, student
 5093  publications and grants to duly recognized student
 5094  organizations, the membership of which is open to all students
 5095  at the Florida Community College System institution without
 5096  regard to race, sex, or religion. No Florida Community College
 5097  System institution shall be required to lower any activity and
 5098  service fee approved by the board of trustees of the Florida
 5099  Community College System institution and in effect prior to
 5100  October 26, 2007, in order to comply with the provisions of this
 5101  subsection.
 5102         (8)(a) Each Florida Community College System institution
 5103  board of trustees is authorized to establish a separate fee for
 5104  financial aid purposes in an additional amount up to, but not to
 5105  exceed, 5 percent of the total student tuition or out-of-state
 5106  fees collected. Each Florida Community College System
 5107  institution board of trustees may collect up to an additional 2
 5108  percent if the amount generated by the total financial aid fee
 5109  is less than $500,000. If the amount generated is less than
 5110  $500,000, a Florida Community College System institution that
 5111  charges tuition and out-of-state fees at least equal to the
 5112  average fees established by rule may transfer from the general
 5113  current fund to the scholarship fund an amount equal to the
 5114  difference between $500,000 and the amount generated by the
 5115  total financial aid fee assessment. No other transfer from the
 5116  general current fund to the loan, endowment, or scholarship
 5117  fund, by whatever name known, is authorized.
 5118         (b) All funds collected under this program shall be placed
 5119  in the loan and endowment fund or scholarship fund of the
 5120  college, by whatever name known. Such funds shall be disbursed
 5121  to students as quickly as possible. An amount not greater than
 5122  40 percent of the fees collected in a fiscal year may be carried
 5123  forward unexpended to the following fiscal year. However, funds
 5124  collected prior to July 1, 1989, and placed in an endowment fund
 5125  may not be considered part of the balance of funds carried
 5126  forward unexpended to the following fiscal year.
 5127         (c) Up to 25 percent or $600,000, whichever is greater, of
 5128  the financial aid fees collected may be used to assist students
 5129  who demonstrate academic merit; who participate in athletics,
 5130  public service, cultural arts, and other extracurricular
 5131  programs as determined by the institution; or who are identified
 5132  as members of a targeted gender or ethnic minority population.
 5133  The financial aid fee revenues allocated for athletic
 5134  scholarships and any fee exemptions provided to athletes
 5135  pursuant to s. 1009.25(2) must be distributed equitably as
 5136  required by s. 1000.05(3)(d). A minimum of 75 percent of the
 5137  balance of these funds for new awards shall be used to provide
 5138  financial aid based on absolute need, and the remainder of the
 5139  funds shall be used for academic merit purposes and other
 5140  purposes approved by the boards of trustees. Such other purposes
 5141  shall include the payment of child care fees for students with
 5142  financial need. The State Board of Education shall develop
 5143  criteria for making financial aid awards. Each college shall
 5144  report annually to the Department of Education on the revenue
 5145  collected pursuant to this paragraph, the amount carried
 5146  forward, the criteria used to make awards, the amount and number
 5147  of awards for each criterion, and a delineation of the
 5148  distribution of such awards. The report shall include an
 5149  assessment by category of the financial need of every student
 5150  who receives an award, regardless of the purpose for which the
 5151  award is received. Awards that are based on financial need shall
 5152  be distributed in accordance with a nationally recognized system
 5153  of need analysis approved by the State Board of Education. An
 5154  award for academic merit requires a minimum overall grade point
 5155  average of 3.0 on a 4.0 scale or the equivalent for both initial
 5156  receipt of the award and renewal of the award.
 5157         (d) These funds may not be used for direct or indirect
 5158  administrative purposes or salaries.
 5159         (9) Any Florida Community College System institution that
 5160  reports students who have not paid fees in an approved manner in
 5161  calculations of full-time equivalent enrollments for state
 5162  funding purposes shall be penalized at a rate equal to two times
 5163  the value of such enrollments. Such penalty shall be charged
 5164  against the following year’s allocation from the Florida
 5165  Community College System Program Fund and shall revert to the
 5166  General Revenue Fund.
 5167         (10) Each Florida Community College System institution
 5168  board of trustees is authorized to establish a separate fee for
 5169  technology, which may not exceed 5 percent of tuition per credit
 5170  hour or credit-hour equivalent for resident students and may not
 5171  exceed 5 percent of tuition and the out-of-state fee per credit
 5172  hour or credit-hour equivalent for nonresident students.
 5173  Revenues generated from the technology fee shall be used to
 5174  enhance instructional technology resources for students and
 5175  faculty. The technology fee may apply to both college credit and
 5176  developmental education and shall not be included in any award
 5177  under the Florida Bright Futures Scholarship Program. Fifty
 5178  percent of technology fee revenues may be pledged by a Florida
 5179  Community College System institution board of trustees as a
 5180  dedicated revenue source for the repayment of debt, including
 5181  lease-purchase agreements, not to exceed the useful life of the
 5182  asset being financed. Revenues generated from the technology fee
 5183  may not be bonded.
 5184         (11)(a) Each Florida Community College System institution
 5185  board of trustees may establish a separate fee for capital
 5186  improvements, technology enhancements, equipping student
 5187  buildings, or the acquisition of improved real property which
 5188  may not exceed 20 percent of tuition for resident students or 20
 5189  percent of the sum of tuition and out-of-state fees for
 5190  nonresident students. The fee for resident students shall be
 5191  limited to an increase of $2 per credit hour over the prior
 5192  year. Funds collected by Florida Community College System
 5193  institutions through the fee may be bonded only as provided in
 5194  this subsection for the purpose of financing or refinancing new
 5195  construction and equipment, renovation, remodeling of
 5196  educational facilities, or the acquisition and renovation or
 5197  remodeling of improved real property for use as educational
 5198  facilities. The fee shall be collected as a component part of
 5199  the tuition and fees, paid into a separate account, and expended
 5200  only to acquire improved real property or construct and equip,
 5201  maintain, improve, or enhance the educational facilities of the
 5202  Florida Community College System institution. Projects and
 5203  acquisitions of improved real property funded through the use of
 5204  the capital improvement fee shall meet the survey and
 5205  construction requirements of chapter 1013. Pursuant to s.
 5206  216.0158, each Florida Community College System institution
 5207  shall identify each project, including maintenance projects,
 5208  proposed to be funded in whole or in part by such fee.
 5209         (b) Capital improvement fee revenues may be pledged by a
 5210  board of trustees as a dedicated revenue source to the repayment
 5211  of debt, including lease-purchase agreements, with an overall
 5212  term of not more than 7 years, including renewals, extensions,
 5213  and refundings, and revenue bonds with a term not exceeding 20
 5214  annual maturities and not exceeding the useful life of the asset
 5215  being financed, only for financing or refinancing of the new
 5216  construction and equipment, renovation, or remodeling of
 5217  educational facilities. Bonds authorized pursuant to this
 5218  subsection shall be requested by the Florida Community College
 5219  System institution board of trustees and shall be issued by the
 5220  Division of Bond Finance in compliance with s. 11(d), Art. VII
 5221  of the State Constitution and the State Bond Act. The Division
 5222  of Bond Finance may pledge fees collected by one or more Florida
 5223  Community College System institutions to secure such bonds. Any
 5224  project included in the approved educational plant survey
 5225  pursuant to chapter 1013 is approved pursuant to s. 11(f), Art.
 5226  VII of the State Constitution.
 5227         (c) Bonds issued pursuant to this subsection may be
 5228  validated in the manner provided by chapter 75. Only the initial
 5229  series of bonds is required to be validated. The complaint for
 5230  such validation shall be filed in the circuit court of the
 5231  county where the seat of state government is situated, the
 5232  notice required to be published by s. 75.06 shall be published
 5233  only in the county where the complaint is filed, and the
 5234  complaint and order of the circuit court shall be served only on
 5235  the state attorney of the circuit in which the action is
 5236  pending.
 5237         (d) A maximum of 15 percent may be allocated from the
 5238  capital improvement fee for child care centers conducted by the
 5239  Florida Community College System institution. The use of capital
 5240  improvement fees for such purpose shall be subordinate to the
 5241  payment of any bonds secured by the fees.
 5242         (e) The state does hereby covenant with the holders of the
 5243  bonds issued under this subsection that it will not take any
 5244  action that will materially and adversely affect the rights of
 5245  such holders so long as the bonds authorized by this subsection
 5246  are outstanding.
 5247         (12)(a) In addition to tuition, out-of-state, financial
 5248  aid, capital improvement, student activity and service, and
 5249  technology fees authorized in this section, each Florida
 5250  Community College System institution board of trustees is
 5251  authorized to establish fee schedules for the following user
 5252  fees and fines: laboratory fees, which do not apply to a
 5253  distance learning course; parking fees and fines; library fees
 5254  and fines; fees and fines relating to facilities and equipment
 5255  use or damage; access or identification card fees; duplicating,
 5256  photocopying, binding, or microfilming fees; standardized
 5257  testing fees; diploma replacement fees; transcript fees;
 5258  application fees; graduation fees; and late fees related to
 5259  registration and payment. Such user fees and fines shall not
 5260  exceed the cost of the services provided and shall only be
 5261  charged to persons receiving the service. A Florida Community
 5262  College System institution may not charge any fee except as
 5263  authorized by law. Parking fee revenues may be pledged by a
 5264  Florida Community College System institution board of trustees
 5265  as a dedicated revenue source for the repayment of debt,
 5266  including lease-purchase agreements, with an overall term of not
 5267  more than 7 years, including renewals, extensions, and
 5268  refundings, and revenue bonds with a term not exceeding 20 years
 5269  and not exceeding the useful life of the asset being financed.
 5270  Florida Community College System institutions shall use the
 5271  services of the Division of Bond Finance of the State Board of
 5272  Administration to issue any revenue bonds authorized by this
 5273  subsection. Any such bonds issued by the Division of Bond
 5274  Finance shall be in compliance with the provisions of the State
 5275  Bond Act. Bonds issued pursuant to the State Bond Act may be
 5276  validated in the manner established in chapter 75. The complaint
 5277  for such validation shall be filed in the circuit court of the
 5278  county where the seat of state government is situated, the
 5279  notice required to be published by s. 75.06 shall be published
 5280  only in the county where the complaint is filed, and the
 5281  complaint and order of the circuit court shall be served only on
 5282  the state attorney of the circuit in which the action is
 5283  pending.
 5284         (b) The State Board of Community Colleges Education may
 5285  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
 5286  this subsection.
 5287         (13) The State Board of Community Colleges Education shall
 5288  specify, as necessary, by rule, approved methods of student fee
 5289  payment. Such methods shall include, but not be limited to,
 5290  student fee payment; payment through federal, state, or
 5291  institutional financial aid; and employer fee payments.
 5292         (14) Each Florida Community College System institution
 5293  board of trustees shall report only those students who have
 5294  actually enrolled in instruction provided or supervised by
 5295  instructional personnel under contract with the Florida
 5296  Community College System institution in calculations of actual
 5297  full-time equivalent enrollments for state funding purposes. No
 5298  student who has been exempted from taking a course or who has
 5299  been granted academic or career credit through means other than
 5300  actual coursework completed at the granting institution shall be
 5301  calculated for enrollment in the course from which he or she has
 5302  been exempted or granted credit. Florida Community College
 5303  System institutions that report enrollments in violation of this
 5304  subsection shall be penalized at a rate equal to two times the
 5305  value of such enrollments. Such penalty shall be charged against
 5306  the following year’s allocation from the Florida Community
 5307  College System Program Fund and shall revert to the General
 5308  Revenue Fund.
 5309         (15) Each Florida Community College System institution may
 5310  assess a service charge for the payment of tuition and fees in
 5311  installments and a convenience fee for the processing of
 5312  automated or online credit card payments. However, the amount of
 5313  the convenience fee may not exceed the total cost charged by the
 5314  credit card company to the Florida Community College System
 5315  institution. Such service charge or convenience fee must be
 5316  approved by the Florida Community College System institution
 5317  board of trustees.
 5318         (16)(a) Each Florida Community College System institution
 5319  may assess a student who enrolls in a course listed in the
 5320  distance learning catalog, established pursuant to s. 1006.735,
 5321  a per-credit-hour distance learning course user fee. For
 5322  purposes of assessing this fee, a distance learning course is a
 5323  course in which at least 80 percent of the direct instruction of
 5324  the course is delivered using some form of technology when the
 5325  student and instructor are separated by time or space, or both.
 5326         (b) The amount of the distance learning course user fee may
 5327  not exceed the additional costs of the services provided which
 5328  are attributable to the development and delivery of the distance
 5329  learning course. If a Florida Community College System
 5330  institution assesses the distance learning course user fee, the
 5331  institution may not assess any other fees to cover the
 5332  additional costs. By September 1 of each year, each board of
 5333  trustees shall report to the State Board of Community Colleges
 5334  Division of Florida Colleges the total amount of revenue
 5335  generated by the distance learning course user fee for the prior
 5336  fiscal year and how the revenue was expended.
 5337         (c) If an institution assesses the distance learning fee,
 5338  the institution must provide a link to the catalog within the
 5339  advising and distance learning sections of the institution’s
 5340  website, using a graphic and description provided by the
 5341  Complete Florida Plus Program, to inform students of the
 5342  catalog.
 5343         (17) Each Florida Community College System institution that
 5344  accepts transient students, pursuant to s. 1006.735, may
 5345  establish a transient student fee not to exceed $5 per course
 5346  for processing the transient student admissions application.
 5347         (18)(a) The Board of Trustees of Santa Fe College may
 5348  establish a transportation access fee. Revenue from the fee may
 5349  be used only to provide or improve access to transportation
 5350  services for students enrolled at Santa Fe College. The fee may
 5351  not exceed $6 per credit hour. An increase in the transportation
 5352  access fee may occur only once each fiscal year and must be
 5353  implemented beginning with the fall term. A referendum must be
 5354  held by the student government to approve the application of the
 5355  fee.
 5356         (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536,
 5357  the transportation access fee authorized under paragraph (a) may
 5358  not be included in calculating the amount a student receives for
 5359  a Florida Academic Scholars award, a Florida Medallion Scholars
 5360  award, or a Florida Gold Seal Vocational Scholars award.
 5361         (19) The State Board of Community Colleges Education shall
 5362  adopt a rule specifying the definitions and procedures to be
 5363  used in the calculation of the percentage of cost paid by
 5364  students. The rule must provide for the calculation of the full
 5365  cost of educational programs based on the allocation of all
 5366  funds provided through the general current fund to programs of
 5367  instruction, and other activities as provided in the annual
 5368  expenditure analysis. The rule shall be developed in
 5369  consultation with the Legislature.
 5370         (20) Each Florida Community College System institution
 5371  shall publicly notice and notify all enrolled students of any
 5372  proposal to increase tuition or fees at least 28 days before its
 5373  consideration at a board of trustees meeting. The notice must:
 5374         (a) Include the date and time of the meeting at which the
 5375  proposal will be considered.
 5376         (b) Specifically outline the details of existing tuition
 5377  and fees, the rationale for the proposed increase, and how the
 5378  funds from the proposed increase will be used.
 5379         (c) Be posted on the institution’s website and issued in a
 5380  press release.
 5381         Section 77. Subsection (2) of section 1009.25, Florida
 5382  Statutes, is amended to read:
 5383         1009.25 Fee exemptions.—
 5384         (2) Each Florida Community College System institution is
 5385  authorized to grant student fee exemptions from all fees adopted
 5386  by the State Board of Community Colleges Education and the
 5387  Florida Community College System institution board of trustees
 5388  for up to 54 full-time equivalent students or 1 percent of the
 5389  institution’s total full-time equivalent enrollment, whichever
 5390  is greater, at each institution.
 5391         Section 78. Paragraph (b) of subsection (12), paragraphs
 5392  (c) and (d) of subsection (13), and paragraph (d) of subsection
 5393  (14) of section 1009.26, Florida Statutes, are amended, to read:
 5394         1009.26 Fee waivers.—
 5395         (12) 
 5396         (b) Tuition and fees charged to a student who qualifies for
 5397  the out-of-state fee waiver under this subsection may not exceed
 5398  the tuition and fees charged to a resident student. The waiver
 5399  is applicable for 110 percent of the required credit hours of
 5400  the degree or certificate program for which the student is
 5401  enrolled. Each state university, Florida Community College
 5402  System institution, career center operated by a school district
 5403  under s. 1001.44, and charter technical career center shall
 5404  report to the Board of Governors, the State Board of Community
 5405  Colleges, and the State Board of Education, respectively, the
 5406  number and value of all fee waivers granted annually under this
 5407  subsection. By October 1 of each year, the Board of Governors,
 5408  for the state universities; and the State Board of Community
 5409  Colleges, Education for Florida Community College System
 5410  institutions;, career centers operated by a school district
 5411  under s. 1001.44;, and charter technical career centers shall
 5412  annually report for the previous academic year the percentage of
 5413  resident and nonresident students enrolled systemwide.
 5414         (13) 
 5415         (c) Each state university, Florida Community College System
 5416  institution, career center operated by a school district under
 5417  s. 1001.44, and charter technical career center shall report to
 5418  the Board of Governors, the State Board of Community, and the
 5419  State Board of Education, respectively, the number and value of
 5420  all fee waivers granted annually under this subsection.
 5421         (d) The Board of Governors, the State Board of Community
 5422  Colleges, and the State Board of Education shall respectively
 5423  adopt regulations and rules to administer this subsection.
 5424         (14)
 5425         (d) The Board of Governors, the State Board of Community
 5426  Colleges, and the State Board of Education shall respectively
 5427  adopt regulations and rules to administer this subsection.
 5428         Section 79. Section 1009.28, Florida Statutes, is amended
 5429  to read:
 5430         1009.28 Fees for repeated enrollment in developmental
 5431  education classes.—A student enrolled in the same developmental
 5432  education class more than twice shall pay 100 percent of the
 5433  full cost of instruction to support continuous enrollment of
 5434  that student in the same class, and the student shall not be
 5435  included in calculations of full-time equivalent enrollments for
 5436  state funding purposes; however, students who withdraw or fail a
 5437  class due to extenuating circumstances may be granted an
 5438  exception only once for each class, provided approval is granted
 5439  according to policy established by the board of trustees. Each
 5440  Florida Community College System institution may review and
 5441  reduce fees paid by students due to continued enrollment in a
 5442  developmental education class on an individual basis contingent
 5443  upon the student’s financial hardship, pursuant to definitions
 5444  and fee levels established by the State Board of Community
 5445  Colleges Education.
 5446         Section 80. Subsections (9) and (12) of section 1009.90,
 5447  Florida Statutes, are amended to read:
 5448         1009.90 Duties of the Department of Education.—The duties
 5449  of the department shall include:
 5450         (9) Development and submission of a report, annually, to
 5451  the State Board of Education, the Board of Governors, the State
 5452  Board of Community Colleges, the President of the Senate, and
 5453  the Speaker of the House of Representatives, which shall
 5454  include, but not be limited to, recommendations for the
 5455  distribution of state financial aid funds.
 5456         (12) Calculation of the amount of need-based student
 5457  financial aid required to offset fee increases recommended by
 5458  the State Board of Education, and the Board of Governors, and
 5459  the State Board of Community Colleges, and inclusion of such
 5460  amount within the legislative budget request for student
 5461  assistance grant programs.
 5462         Section 81. Subsection (4) of section 1009.91, Florida
 5463  Statutes, is amended to read:
 5464         1009.91 Assistance programs and activities of the
 5465  department.—
 5466         (4) The department shall maintain records on the student
 5467  loan default rate of each Florida postsecondary institution and
 5468  report that information annually to both the institution and the
 5469  State Board of Education. Information relating to state
 5470  universities shall also be reported annually to the Board of
 5471  Governors. Information relating to Florida Community College
 5472  System institutions shall be reported annually to the State
 5473  Board of Community Colleges.
 5474         Section 82. Subsection (2) of section 1009.971, Florida
 5475  Statutes, is amended to read:
 5476         1009.971 Florida Prepaid College Board.—
 5477         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 5478  shall consist of seven members to be composed of the Attorney
 5479  General, the Chief Financial Officer, the Chancellor of the
 5480  State University System, the Chancellor of the Florida Community
 5481  College System Division of Florida Colleges, and three members
 5482  appointed by the Governor and subject to confirmation by the
 5483  Senate. Each member appointed by the Governor shall possess
 5484  knowledge, skill, and experience in the areas of accounting,
 5485  actuary, risk management, or investment management. Each member
 5486  of the board not appointed by the Governor may name a designee
 5487  to serve on the board on behalf of the member; however, any
 5488  designee so named shall meet the qualifications required of
 5489  gubernatorial appointees to the board. Members appointed by the
 5490  Governor shall serve terms of 3 years. Any person appointed to
 5491  fill a vacancy on the board shall be appointed in a like manner
 5492  and shall serve for only the unexpired term. Any member shall be
 5493  eligible for reappointment and shall serve until a successor
 5494  qualifies. Members of the board shall serve without compensation
 5495  but shall be reimbursed for per diem and travel in accordance
 5496  with s. 112.061. Each member of the board shall file a full and
 5497  public disclosure of his or her financial interests pursuant to
 5498  s. 8, Art. II of the State Constitution and corresponding
 5499  statute.
 5500         Section 83. Section 1010.01, Florida Statutes, is amended
 5501  to read:
 5502         1010.01 Uniform records and accounts.—
 5503         (1)(a) The financial records and accounts of each school
 5504  district, Florida College System institution, and other
 5505  institution or agency under the supervision of the State Board
 5506  of Education shall be prepared and maintained as prescribed by
 5507  law and rules of the State Board of Education.
 5508         (b) The financial records and accounts of each state
 5509  university under the supervision of the Board of Governors shall
 5510  be prepared and maintained as prescribed by law and rules of the
 5511  Board of Governors.
 5512         (c) The financial records and accounts of each Florida
 5513  Community College System institution under the supervision of
 5514  the State Board of Community Colleges shall be prepared and
 5515  maintained as prescribed by law and rules of the State Board of
 5516  Community Colleges.
 5517         (2) Rules of the State Board of Education, and rules of the
 5518  Board of Governors, and the State Board of Community Colleges
 5519  shall incorporate the requirements of law and accounting
 5520  principles generally accepted in the United States. Such rules
 5521  shall include a uniform classification of accounts.
 5522         (3) Each state university shall annually file with the
 5523  Board of Governors financial statements prepared in conformity
 5524  with accounting principles generally accepted by the United
 5525  States and the uniform classification of accounts prescribed by
 5526  the Board of Governors. The Board of Governors’ rules shall
 5527  prescribe the filing deadline for the financial statements.
 5528         (4) Required financial accounts and reports shall include
 5529  provisions that are unique to each of the following: K-12 school
 5530  districts, Florida Community College System institutions, and
 5531  state universities, and shall provide for the data to be
 5532  reported to the National Center of Educational Statistics and
 5533  other governmental and professional educational data information
 5534  services as appropriate.
 5535         (5) Each Florida Community College System institution shall
 5536  annually file with the State Board of Community Colleges
 5537  financial statements prepared in conformity with accounting
 5538  principles generally accepted by the United States and the
 5539  uniform classification of accounts prescribed by the State Board
 5540  of Community Colleges. The State Board of Community Colleges’
 5541  rules shall prescribe the filing deadline for the financial
 5542  statements.
 5543         Section 84. Subsection (1) of section 1010.02, Florida
 5544  Statutes, is amended, and subsection (3) is added to that
 5545  section, to read:
 5546         1010.02 Financial accounting and expenditures.—
 5547         (1) All funds accruing to a school district or a Florida
 5548  College System institution must be received, accounted for, and
 5549  expended in accordance with law and rules of the State Board of
 5550  Education.
 5551         (3) All funds accruing to a Florida Community College
 5552  System institution must be received, accounted for, and expended
 5553  in accordance with law and rules of the State Board of Community
 5554  Colleges.
 5555         Section 85. Section 1010.04, Florida Statutes, is amended
 5556  to read:
 5557         1010.04 Purchasing.—
 5558         (1)(a) Purchases and leases by school districts must and
 5559  Florida College System institutions shall comply with the
 5560  requirements of law and rules of the State Board of Education.
 5561         (b) Before purchasing nonacademic commodities and
 5562  contractual services, each district school board and Florida
 5563  Community College System institution board of trustees shall
 5564  review the purchasing agreements and state term contracts
 5565  available under s. 287.056 to determine whether it is in the
 5566  school board’s or the board of trustees’ economic advantage to
 5567  use the agreements and contracts. Each bid specification for
 5568  nonacademic commodities and contractual services must include a
 5569  statement indicating that the purchasing agreements and state
 5570  term contracts available under s. 287.056 have been reviewed.
 5571  Each district school board may also use the cooperative state
 5572  purchasing programs managed through the regional consortium
 5573  service organizations pursuant to their authority under s.
 5574  1001.451(3). This paragraph does not apply to services that are
 5575  eligible for reimbursement under the federal E-rate program
 5576  administered by the Universal Service Administrative Company.
 5577         (c) Purchases and leases by state universities must shall
 5578  comply with the requirements of law and regulations of the Board
 5579  of Governors.
 5580         (d) Purchases and leases by Florida Community College
 5581  System institutions must comply with the requirements of law and
 5582  rules of the State Board of Community Colleges.
 5583         (2) Each district school board and Florida Community
 5584  College System institution board of trustees shall adopt rules,
 5585  and each university board of trustees shall adopt regulations,
 5586  to be followed in making purchases. Purchases may be made
 5587  through an online procurement system, an electronic auction
 5588  service, or other efficient procurement tool.
 5589         (3) In districts in which the county purchasing agent is
 5590  authorized by law to make purchases for the benefit of other
 5591  governmental agencies within the county, the district school
 5592  board and Florida Community College System institution board of
 5593  trustees shall have the option to purchase from the current
 5594  county contracts at the unit price stated therein if such
 5595  purchase is to the economic advantage of the district school
 5596  board or the Florida Community College System institution board
 5597  of trustees; subject to confirmation of the items of purchase to
 5598  the standards and specifications prescribed by the school
 5599  district or Florida Community College System institution.
 5600         (4)(a) The State Board of Education may, by rule, provide
 5601  for alternative procedures for school districts and Florida
 5602  College System institutions for bidding or purchasing in cases
 5603  in which the character of the item requested renders competitive
 5604  bidding impractical.
 5605         (b) The Board of Governors may, by regulation, provide for
 5606  alternative procedures for state universities for bidding or
 5607  purchasing in cases in which the character of the item requested
 5608  renders competitive bidding impractical.
 5609         (c) The State Board of Community Colleges may, by rule,
 5610  provide for alternative procedures for Florida Community College
 5611  System institutions for bidding or purchasing in cases in which
 5612  the character of the item requested renders competitive bidding
 5613  impractical.
 5614         Section 86. Section 1010.07, Florida Statutes, is amended
 5615  to read:
 5616         1010.07 Bonds or insurance required.—
 5617         (1) Each district school board, Florida Community College
 5618  System institution board of trustees, and university board of
 5619  trustees shall ensure that each official and employee
 5620  responsible for handling, expending, or authorizing the
 5621  expenditure of funds shall be appropriately bonded or insured to
 5622  protect the board and the funds involved.
 5623         (2)(a) Contractors paid from school district or Florida
 5624  College System institution funds shall give bond for the
 5625  faithful performance of their contracts in such amount and for
 5626  such purposes as prescribed by s. 255.05 or by rules of the
 5627  State Board of Education relating to the type of contract
 5628  involved. It shall be the duty of the district school board or
 5629  Florida College System institution board of trustees to require
 5630  from construction contractors a bond adequate to protect the
 5631  board and the board’s funds involved.
 5632         (b) Contractors paid from university funds shall give bond
 5633  for the faithful performance of their contracts in such amount
 5634  and for such purposes as prescribed by s. 255.05 or by
 5635  regulations of the Board of Governors relating to the type of
 5636  contract involved. It shall be the duty of the university board
 5637  of trustees to require from construction contractors a bond
 5638  adequate to protect the board and the board’s funds involved.
 5639         (c)Contractors paid from Florida Community College System
 5640  institution funds shall give bonds for the faithful performance
 5641  of their contracts in such amount and for such purposes as
 5642  prescribed by s. 255.05 or by rules of the State Board of
 5643  Community Colleges relating to the type of contract involved. It
 5644  is the duty of the Florida Community College System institution
 5645  board of trustees to require construction contractors to provide
 5646  a bond adequate to protect the board and the board’s funds
 5647  involved.
 5648         Section 87. Section 1010.08, Florida Statutes, is amended
 5649  to read:
 5650         1010.08 Promotion and public relations; funding.—
 5651         (1) Each district school board and Florida College System
 5652  institution board of trustees may budget and use a portion of
 5653  the funds accruing to it from auxiliary enterprises and
 5654  undesignated gifts for promotion and public relations as
 5655  prescribed by rules of the State Board of Education. Such funds
 5656  may be used to provide hospitality to business guests in the
 5657  district or elsewhere. However, such hospitality expenses may
 5658  not exceed the amount authorized for such contingency funds as
 5659  prescribed by rules of the State Board of Education.
 5660         (2) Each Florida Community College System institution board
 5661  of trustees may budget and use a portion of the funds accruing
 5662  to it from auxiliary enterprises and undesignated gifts for
 5663  promotion and public relations as prescribed by rules of the
 5664  State Board of Community Colleges. Such funds may be used to
 5665  provide hospitality to business guests in the district or
 5666  elsewhere. However, such hospitality expenses may not exceed the
 5667  amount authorized for such contingency funds as prescribed by
 5668  rules of the State Board of Community Colleges.
 5669         Section 88. Subsection (1) of section 1010.09, Florida
 5670  Statutes, is amended and subsection (3) is added to that
 5671  section, to read:
 5672         1010.09 Direct-support organizations.—
 5673         (1) School district and Florida College System institution
 5674  direct-support organizations shall be organized and conducted
 5675  under the provisions of ss. 1001.453 and 1004.70 and rules of
 5676  the State Board of Education, as applicable.
 5677         (3) Florida Community College System institution direct
 5678  support organizations shall be organized and conducted under the
 5679  provisions of s. 1004.70 and rules of the State Board of
 5680  Community Colleges.
 5681         Section 89. Section 1010.22, Florida Statutes, is amended
 5682  to read:
 5683         1010.22 Cost accounting and reporting for workforce
 5684  education.—
 5685         (1)(a) Each school district and each Florida College System
 5686  institution shall account for expenditures of all state, local,
 5687  federal, and other funds in the manner prescribed by the State
 5688  Board of Education.
 5689         (b) Each Florida Community College System institution shall
 5690  account for expenditures of all state, local, federal, and other
 5691  funds in the manner prescribed by the State Board of Community
 5692  Colleges.
 5693         (2)(a) Each school district and each Florida College System
 5694  institution shall report expenditures for workforce education in
 5695  accordance with requirements prescribed by the State Board of
 5696  Education.
 5697         (b)Each Florida Community College System institution shall
 5698  report expenditures for workforce education in accordance with
 5699  requirements prescribed by the State Board of Community
 5700  Colleges.
 5701         (3) The Department of Education, in cooperation with school
 5702  districts and Florida Community College System institutions,
 5703  shall develop and maintain a database of valid comparable
 5704  information on workforce education which will meet both state
 5705  and local needs.
 5706         Section 90. Subsection (1) of section 1010.30, Florida
 5707  Statutes, is amended to read:
 5708         1010.30 Audits required.—
 5709         (1) School districts, Florida College System institutions,
 5710  and other institutions and agencies under the supervision of the
 5711  State Board of Education, Florida Community College System
 5712  institutions under the supervision of the State Board of
 5713  Community Colleges, and state universities under the supervision
 5714  of the Board of Governors are subject to the audit provisions of
 5715  ss. 11.45 and 218.39.
 5716         Section 91. Section 1010.58, Florida Statutes, is amended
 5717  to read:
 5718         1010.58 Procedure for determining number of instruction
 5719  units for Florida Community College System institutions.—The
 5720  number of instruction units for Florida Community College System
 5721  institutions shall be determined from the full-time equivalent
 5722  students in the Florida Community College System institution,
 5723  provided that full-time equivalent students may not be counted
 5724  more than once in determining instruction units. Instruction
 5725  units for Florida Community College System institutions shall be
 5726  computed as follows:
 5727         (1) One unit for each 12 full-time equivalent students at a
 5728  Florida Community College System institution for the first 420
 5729  students and one unit for each 15 full-time equivalent students
 5730  for all over 420 students, in other than career education
 5731  programs as defined by rules of the State Board of Community
 5732  Colleges Education, and one unit for each 10 full-time
 5733  equivalent students in career education programs and
 5734  compensatory education programs as defined by rules of the State
 5735  Board of Community Colleges Education. Full-time equivalent
 5736  students enrolled in a Florida Community College System
 5737  institution shall be defined by rules of the State Board of
 5738  Community Colleges Education.
 5739         (2) For each 8 instruction units in a Florida Community
 5740  College System institution, 1 instruction unit or proportionate
 5741  fraction of a unit shall be allowed for administrative and
 5742  special instructional services, and for each 20 instruction
 5743  units, 1 instruction unit or proportionate fraction of a unit
 5744  shall be allowed for student personnel services.
 5745         Section 92. Section 1011.01, Florida Statutes, is amended
 5746  to read:
 5747         1011.01 Budget system established.—
 5748         (1) The State Board of Education shall prepare and submit a
 5749  coordinated K-20 education annual legislative budget request to
 5750  the Governor and the Legislature on or before the date provided
 5751  by the Governor and the Legislature. The board’s legislative
 5752  budget request must clearly define the needs of school
 5753  districts, Florida Community College System institutions,
 5754  universities, other institutions, organizations, programs, and
 5755  activities under the supervision of the board and that are
 5756  assigned by law or the General Appropriations Act to the
 5757  Department of Education.
 5758         (2)(a) There is shall be established in each school
 5759  district and Florida College System institution a budget system
 5760  as prescribed by law and rules of the State Board of Education.
 5761         (b) There is shall be established in each state university
 5762  a budget system as prescribed by law and rules of the Board of
 5763  Governors.
 5764         (c) There is established in each Florida Community College
 5765  System institution a budget system as prescribed by law and
 5766  rules of the State Board of Community Colleges.
 5767         (3)(a) Each district school board and each Florida College
 5768  System institution board of trustees shall prepare, adopt, and
 5769  submit to the Commissioner of Education an annual operating
 5770  budget. Operating budgets must shall be prepared and submitted
 5771  in accordance with the provisions of law, rules of the State
 5772  Board of Education, the General Appropriations Act, and for
 5773  district school boards in accordance with the provisions of ss.
 5774  200.065 and 1011.64.
 5775         (b) Each state university board of trustees shall prepare,
 5776  adopt, and submit to the Chancellor of the State University
 5777  System for review an annual operating budget in accordance with
 5778  provisions of law, rules of the Board of Governors, and the
 5779  General Appropriations Act.
 5780         (c) Each Florida Community College System institution board
 5781  of trustees shall prepare, adopt, and submit to the State Board
 5782  of Community Colleges an annual operating budget in accordance
 5783  with provisions of law, rules of the State Board of Community
 5784  Colleges, and the General Appropriations Act.
 5785         (4) The State Board of Education shall coordinate with the
 5786  Board of Governors and the State Board of Community Colleges to
 5787  facilitate the budget system requirements of this section. The
 5788  State Board of Community College exclusively retains the review
 5789  and approval powers of this section for Florida Community
 5790  College System institutions. The Board of Governors exclusively
 5791  retains the review and approval powers of this section for state
 5792  universities.
 5793         Section 93. Section 1011.011, Florida Statutes, is amended
 5794  to read:
 5795         1011.011 Legislative capital outlay budget request.—The
 5796  State Board of Education shall submit an integrated,
 5797  comprehensive budget request for educational facilities
 5798  construction and fixed capital outlay needs for school
 5799  districts, and, in conjunction with the State Board of Community
 5800  Colleges for Florida Community College System institutions, and,
 5801  in conjunction with the Board of Governors for state,
 5802  universities, pursuant to this section and s. 1013.46 and
 5803  applicable provisions of chapter 216.
 5804         Section 94. Section 1011.30, Florida Statutes, is amended
 5805  to read:
 5806         1011.30 Budgets for Florida Community College System
 5807  institutions.—Each Florida Community College System institution
 5808  president shall recommend to the Florida Community College
 5809  System institution board of trustees a budget of income and
 5810  expenditures at such time and in such form as the State Board of
 5811  Community Colleges Education may prescribe. Upon approval of a
 5812  budget by the Florida Community College System institution board
 5813  of trustees, such budget must shall be transmitted to the State
 5814  Board of Community Colleges Department of Education for review.
 5815  Rules of the State Board of Community Colleges must Education
 5816  shall prescribe procedures for effecting budget amendments
 5817  subsequent to the final approval of a budget for a given year.
 5818         Section 95. Section 1011.32, Florida Statutes, is amended
 5819  to read:
 5820         1011.32 Florida Community College System Institution
 5821  Facility Enhancement Challenge Grant Program.—
 5822         (1) The Legislature recognizes that the Florida Community
 5823  College System institutions do not have sufficient physical
 5824  facilities to meet the current demands of their instructional
 5825  and community programs. It further recognizes that, to
 5826  strengthen and enhance Florida Community College System
 5827  institutions, it is necessary to provide facilities in addition
 5828  to those currently available from existing revenue sources. It
 5829  further recognizes that there are sources of private support
 5830  that, if matched with state support, can assist in constructing
 5831  much needed facilities and strengthen the commitment of citizens
 5832  and organizations in promoting excellence at each Florida
 5833  Community College System institution. Therefore, it is the
 5834  intent of the Legislature to establish a program to provide the
 5835  opportunity for each Florida Community College System
 5836  institution through its direct-support organization to receive
 5837  and match challenge grants for instructional and community
 5838  related capital facilities within the Florida Community College
 5839  System institution.
 5840         (2) There is established the Florida Community College
 5841  System Institution Facility Enhancement Challenge Grant Program
 5842  for the purpose of assisting the Florida Community College
 5843  System institutions in building high priority instructional and
 5844  community-related capital facilities consistent with s. 1004.65,
 5845  including common areas connecting such facilities. The direct
 5846  support organizations that serve the Florida Community College
 5847  System institutions shall solicit gifts from private sources to
 5848  provide matching funds for capital facilities. For the purposes
 5849  of this section, private sources of funds shall not include any
 5850  federal or state government funds that a Florida Community
 5851  College System institution may receive.
 5852         (3) The Florida Community College System Institution
 5853  Capital Facilities Matching Program shall provide funds to match
 5854  private contributions for the development of high priority
 5855  instructional and community-related capital facilities,
 5856  including common areas connecting such facilities, within the
 5857  Florida Community College System institutions.
 5858         (4) Within the direct-support organization of each Florida
 5859  Community College System institution there must be established a
 5860  separate capital facilities matching account for the purpose of
 5861  providing matching funds from the direct-support organization’s
 5862  unrestricted donations or other private contributions for the
 5863  development of high priority instructional and community-related
 5864  capital facilities, including common areas connecting such
 5865  facilities. The Legislature shall appropriate funds for
 5866  distribution to a Florida Community College System institution
 5867  after matching funds are certified by the direct-support
 5868  organization and Florida Community College System institution.
 5869  The Public Education Capital Outlay and Debt Service Trust Fund
 5870  shall not be used as the source of the state match for private
 5871  contributions.
 5872         (5) A project may not be initiated unless all private funds
 5873  for planning, construction, and equipping the facility have been
 5874  received and deposited in the direct-support organization’s
 5875  matching account for this purpose. However, this requirement
 5876  does not preclude the Florida Community College System
 5877  institution or direct-support organization from expending
 5878  available funds from private sources to develop a prospectus,
 5879  including preliminary architectural schematics or models, for
 5880  use in its efforts to raise private funds for a facility and for
 5881  site preparation, planning, and construction. The Legislature
 5882  may appropriate the state’s matching funds in one or more fiscal
 5883  years for the planning, construction, and equipping of an
 5884  eligible facility. Each Florida Community College System
 5885  institution shall notify all donors of private funds of a
 5886  substantial delay in the availability of state matching funds
 5887  for this program.
 5888         (6) To be eligible to participate in the Florida Community
 5889  College System Institution Facility Enhancement Challenge Grant
 5890  Program, a Florida Community College System institution, through
 5891  its direct-support organization, shall raise a contribution
 5892  equal to one-half of the total cost of a facilities construction
 5893  project from private sources which shall be matched by a state
 5894  appropriation equal to the amount raised for a facilities
 5895  construction project, subject to the General Appropriations Act.
 5896         (7) If the state’s share of the required match is
 5897  insufficient to meet the requirements of subsection (6), the
 5898  Florida Community College System institution shall renegotiate
 5899  the terms of the contribution with the donors. If the project is
 5900  terminated, each private donation, plus accrued interest,
 5901  reverts to the direct-support organization for remittance to the
 5902  donor.
 5903         (8) By October 15 of each year, the State Board of
 5904  Community Colleges Education shall transmit to the Governor and
 5905  the Legislature a list of projects that meet all eligibility
 5906  requirements to participate in the Florida Community College
 5907  System Institution Facility Enhancement Challenge Grant Program
 5908  and a budget request that includes the recommended schedule
 5909  necessary to complete each project.
 5910         (9) In order for a project to be eligible under this
 5911  program, it must be survey recommended under the provisions of
 5912  s. 1013.31 and included in the Florida Community College System
 5913  institution’s 5-year capital improvement plan, and it must
 5914  receive approval from the State Board of Community Colleges
 5915  Education or the Legislature.
 5916         (10) A Florida Community College System institution project
 5917  may not be removed from the approved 3-year PECO priority list
 5918  because of its successful participation in this program until
 5919  approved by the Legislature and provided for in the General
 5920  Appropriations Act. When such a project is completed and removed
 5921  from the list, all other projects shall move up on the 3-year
 5922  PECO priority list.
 5923         (11) Any private matching funds for a project which are
 5924  unexpended after the project is completed shall revert to the
 5925  Florida Community College System institution’s direct-support
 5926  organization capital facilities matching account. The balance of
 5927  any unexpended state matching funds shall be returned to the
 5928  fund from which those funds were appropriated.
 5929         (12) The surveys, architectural plans, facility, and
 5930  equipment shall be the property of the participating Florida
 5931  Community College System institution. A facility constructed
 5932  under this section may be named in honor of a donor at the
 5933  option of the Florida Community College System institution
 5934  district board of trustees. A facility may not be named after a
 5935  living person without prior approval by the State Board of
 5936  Community Colleges Education.
 5937         (13) Effective July 1, 2011, state matching funds are
 5938  temporarily suspended for donations received for the program on
 5939  or after June 30, 2011. Existing eligible donations remain
 5940  eligible for future matching funds. The program may be restarted
 5941  after $200 million of the backlog for programs under this
 5942  section and ss. 1011.85, 1011.94, and 1013.79 have been matched.
 5943         Section 96. Subsection (2), paragraph (b) of subsection
 5944  (5), and subsections (8), (9), and (11) of section 1011.80,
 5945  Florida Statutes, are amended to read:
 5946         1011.80 Funds for operation of workforce education
 5947  programs.—
 5948         (2) Any workforce education program may be conducted by a
 5949  Florida Community College System institution or a school
 5950  district, except that college credit in an associate in applied
 5951  science or an associate in science degree may be awarded only by
 5952  a Florida Community College System institution. However, if an
 5953  associate in applied science or an associate in science degree
 5954  program contains within it an occupational completion point that
 5955  confers a certificate or an applied technology diploma, that
 5956  portion of the program may be conducted by a school district
 5957  career center. Any instruction designed to articulate to a
 5958  degree program is subject to guidelines and standards adopted by
 5959  the State Board of Community Colleges Education pursuant to s.
 5960  1007.25.
 5961         (5) State funding and student fees for workforce education
 5962  instruction shall be established as follows:
 5963         (b) For all other workforce education programs, state
 5964  funding shall equal 75 percent of the average cost of
 5965  instruction with the remaining 25 percent made up from student
 5966  fees. Fees for courses within a program shall not vary according
 5967  to the cost of the individual program, but instead shall be
 5968  based on a uniform fee calculated and set at the state level, as
 5969  adopted by the State Board of Education, for school districts
 5970  and the State Board of Community Colleges, for Florida Community
 5971  College System institutions, unless otherwise specified in the
 5972  General Appropriations Act.
 5973         (8) The State Board of Education, the State Board of
 5974  Community Colleges, and CareerSource Florida, Inc., shall
 5975  provide the Legislature with recommended formulas, criteria,
 5976  timeframes, and mechanisms for distributing performance funds.
 5977  The commissioner shall consolidate the recommendations and
 5978  develop a consensus proposal for funding. The Legislature shall
 5979  adopt a formula and distribute the performance funds to the
 5980  State Board of Community Colleges Education for Florida
 5981  Community College System institutions and to the State Board of
 5982  Education for school districts through the General
 5983  Appropriations Act. These recommendations shall be based on
 5984  formulas that would discourage low-performing or low-demand
 5985  programs and encourage through performance-funding awards:
 5986         (a) Programs that prepare people to enter high-wage
 5987  occupations identified by the Workforce Estimating Conference
 5988  created by s. 216.136 and other programs as approved by
 5989  CareerSource Florida, Inc. At a minimum, performance incentives
 5990  shall be calculated for adults who reach completion points or
 5991  complete programs that lead to specified high-wage employment
 5992  and to their placement in that employment.
 5993         (b) Programs that successfully prepare adults who are
 5994  eligible for public assistance, economically disadvantaged,
 5995  disabled, not proficient in English, or dislocated workers for
 5996  high-wage occupations. At a minimum, performance incentives
 5997  shall be calculated at an enhanced value for the completion of
 5998  adults identified in this paragraph and job placement of such
 5999  adults upon completion. In addition, adjustments may be made in
 6000  payments for job placements for areas of high unemployment.
 6001         (c) Programs that are specifically designed to be
 6002  consistent with the workforce needs of private enterprise and
 6003  regional economic development strategies, as defined in
 6004  guidelines set by CareerSource Florida, Inc. CareerSource
 6005  Florida, Inc., shall develop guidelines to identify such needs
 6006  and strategies based on localized research of private employers
 6007  and economic development practitioners.
 6008         (d) Programs identified by CareerSource Florida, Inc., as
 6009  increasing the effectiveness and cost efficiency of education.
 6010         (9) School districts shall report full-time equivalent
 6011  students by discipline category for the programs specified in
 6012  subsection (1). There shall be an annual cost analysis for the
 6013  school district workforce education programs that reports cost
 6014  by discipline category consistent with the reporting for full
 6015  time equivalent students. The annual financial reports submitted
 6016  by the school districts must accurately report on the student
 6017  fee revenues by fee type according to the programs specified in
 6018  subsection (1). The Department of Education and the State Board
 6019  of Community Colleges shall develop a plan for comparable
 6020  reporting of program, student, facility, personnel, and
 6021  financial data between the Florida Community College System
 6022  institutions and the school district workforce education
 6023  programs.
 6024         (11) The State Board of Education and the State Board of
 6025  Community Colleges may adopt rules to administer this section.
 6026         Section 97. Section 1011.801, Florida Statutes, is amended
 6027  to read:
 6028         1011.801 Workforce Development Capitalization Incentive
 6029  Grant Program.—The Legislature recognizes that the need for
 6030  school districts and Florida Community College System
 6031  institutions to be able to respond to emerging local or
 6032  statewide economic development needs is critical to the
 6033  workforce development system. The Workforce Development
 6034  Capitalization Incentive Grant Program is created to provide
 6035  grants to school districts and Florida Community College System
 6036  institutions on a competitive basis to fund some or all of the
 6037  costs associated with the creation or expansion of workforce
 6038  development programs that serve specific employment workforce
 6039  needs.
 6040         (1) Funds awarded for a workforce development
 6041  capitalization incentive grant may be used for instructional
 6042  equipment, laboratory equipment, supplies, personnel, student
 6043  services, or other expenses associated with the creation or
 6044  expansion of a workforce development program. Expansion of a
 6045  program may include either the expansion of enrollments in a
 6046  program or expansion into new areas of specialization within a
 6047  program. No grant funds may be used for recurring instructional
 6048  costs or for institutions’ indirect costs.
 6049         (2) The State Board of Education shall accept applications
 6050  from school districts, and the State Board of Community Colleges
 6051  shall accept applications from or Florida Community College
 6052  System institutions, for workforce development capitalization
 6053  incentive grants. Applications from school districts or Florida
 6054  Community College System institutions must shall contain
 6055  projected enrollments and projected costs for the new or
 6056  expanded workforce development program. The State Board of
 6057  Education or the State Board of Community Colleges, as
 6058  appropriate, in consultation with CareerSource Florida, Inc.,
 6059  shall review and rank each application for a grant according to
 6060  subsection (3) and shall submit to the Legislature a list in
 6061  priority order of applications recommended for a grant award.
 6062         (3) The State Board of Education or the State Board of
 6063  Community Colleges, as appropriate, shall give highest priority
 6064  to programs that train people to enter high-skill, high-wage
 6065  occupations identified by the Workforce Estimating Conference
 6066  and other programs approved by CareerSource Florida, Inc.;
 6067  programs that train people to enter occupations under the
 6068  welfare transition program; or programs that train for the
 6069  workforce adults who are eligible for public assistance,
 6070  economically disadvantaged, disabled, not proficient in English,
 6071  or dislocated workers. The State Board of Education or the State
 6072  Board of Community Colleges, as appropriate, shall consider the
 6073  statewide geographic dispersion of grant funds in ranking the
 6074  applications and shall give priority to applications from
 6075  education agencies that are making maximum use of their
 6076  workforce development funding by offering high-performing, high
 6077  demand programs.
 6078         Section 98. Section 1011.81, Florida Statutes, is amended
 6079  to read:
 6080         1011.81 Florida Community College System Program Fund.—
 6081         (1) There is established a Florida Community College System
 6082  Program Fund. This fund shall comprise all appropriations made
 6083  by the Legislature for the support of the current operating
 6084  program and shall be apportioned and distributed to the Florida
 6085  Community College System institution districts of the state on
 6086  the basis of procedures established by law and rules of the
 6087  State Board of Education. The annual apportionment for each
 6088  Florida Community College System institution district shall be
 6089  distributed monthly in payments as nearly equal as possible.
 6090         (2) Performance funding for industry certifications for
 6091  Florida Community College System institutions is contingent upon
 6092  specific appropriation in the General Appropriations Act and
 6093  shall be determined as follows:
 6094         (a) Occupational areas for which industry certifications
 6095  may be earned, as established in the General Appropriations Act,
 6096  are eligible for performance funding. Priority shall be given to
 6097  the occupational areas emphasized in state, national, or
 6098  corporate grants provided to Florida educational institutions.
 6099         (b) The Chancellor of the Florida Community College System,
 6100  for the Florida Community College System institutions, shall
 6101  identify the industry certifications eligible for funding on the
 6102  CAPE Postsecondary Industry Certification Funding List approved
 6103  by the State Board of Community Colleges Education pursuant to
 6104  s. 1008.44, based on the occupational areas specified in the
 6105  General Appropriations Act.
 6106         (c) Each Florida Community College System institution shall
 6107  be provided $1,000 for each industry certification earned by a
 6108  student. The maximum amount of funding appropriated for
 6109  performance funding pursuant to this subsection shall be limited
 6110  to $15 million annually. If funds are insufficient to fully fund
 6111  the calculated total award, such funds shall be prorated.
 6112         (3) None of the funds made available in the Florida
 6113  Community College System Program Fund, or funds made available
 6114  to Florida Community College System institutions outside the
 6115  Florida Community College System Program Fund, may be used to
 6116  implement, organize, direct, coordinate, or administer, or to
 6117  support the implementation, organization, direction,
 6118  coordination, or administration of, activities related to, or
 6119  involving, travel to a terrorist state. For purposes of this
 6120  section, “terrorist state” is defined as any state, country, or
 6121  nation designated by the United States Department of State as a
 6122  state sponsor of terrorism.
 6123         (4) State funds provided for the Florida Community College
 6124  System Program Fund may not be expended for the education of
 6125  state or federal inmates.
 6126         Section 99. Section 1011.82, Florida Statutes, is amended
 6127  to read:
 6128         1011.82 Requirements for participation in Florida Community
 6129  College System Program Fund.—Each Florida Community College
 6130  System institution district which participates in the state
 6131  appropriations for the Florida Community College System Program
 6132  Fund shall provide evidence of its effort to maintain an
 6133  adequate Florida Community College System institution program
 6134  which shall:
 6135         (1) Meet the minimum standards prescribed by the State
 6136  Board of Community Colleges Education in accordance with s.
 6137  1001.602(5) s. 1001.02(6).
 6138         (2) Effectively fulfill the mission of the Florida
 6139  Community College System institutions in accordance with s.
 6140  1004.65.
 6141         Section 100. Section 1011.83, Florida Statutes, is amended
 6142  to read:
 6143         1011.83 Financial support of Florida Community College
 6144  System institutions.—
 6145         (1) Each Florida Community College System institution that
 6146  has been approved by the Department of Education and meets the
 6147  requirements of law and rules of the State Board of Community
 6148  Colleges Education shall participate in the Florida Community
 6149  College System Program Fund. However, funds to support workforce
 6150  education programs conducted by Florida Community College System
 6151  institutions shall be provided pursuant to s. 1011.80.
 6152         (2) A student in a baccalaureate degree program approved
 6153  pursuant to s. 1007.33 who is not classified as a resident for
 6154  tuition purposes pursuant to s. 1009.21 may not be included in
 6155  calculations of full-time equivalent enrollments for state
 6156  funding purposes.
 6157         Section 101. Section 1011.84, Florida Statutes, is amended
 6158  to read:
 6159         1011.84 Procedure for determining state financial support
 6160  and annual apportionment of state funds to each Florida
 6161  Community College System institution district.—The procedure for
 6162  determining state financial support and the annual apportionment
 6163  to each Florida Community College System institution district
 6164  authorized to operate a Florida Community College System
 6165  institution under the provisions of s. 1001.61 shall be as
 6166  follows:
 6167         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 6168  COMMUNITY COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING
 6169  PROGRAM.—
 6170         (a) The State Board of Community Colleges Department of
 6171  Education shall determine annually, from an analysis of
 6172  operating costs, prepared in the manner prescribed by rules of
 6173  the State Board of Education, the costs per full-time equivalent
 6174  student served in courses and fields of study offered in Florida
 6175  Community College System institutions. This information and
 6176  current college operating budgets shall be submitted to the
 6177  Executive Office of the Governor with the legislative budget
 6178  request prior to each regular session of the Legislature.
 6179         (b) The allocation of funds for Florida Community College
 6180  System institutions must shall be based on advanced and
 6181  professional disciplines, developmental education, and other
 6182  programs for adults funded pursuant to s. 1011.80.
 6183         (c) The category of lifelong learning is for students
 6184  enrolled pursuant to s. 1004.93. A student shall also be
 6185  reported as a lifelong learning student for his or her
 6186  enrollment in any course that he or she has previously taken,
 6187  unless it is a credit course in which the student earned a grade
 6188  of D or F.
 6189         (d) If an adult student has been determined to be a
 6190  disabled student eligible for an approved educational program
 6191  for disabled adults provided pursuant to s. 1004.93 and rules of
 6192  the State Board of Community Colleges Education and is enrolled
 6193  in a class with curriculum frameworks developed for the program,
 6194  state funding for that student shall be provided at a level
 6195  double that of a student enrolled in a special adult general
 6196  education program provided by a Florida Community College System
 6197  institution.
 6198         (e) All state inmate education provided by Florida
 6199  Community College System institutions shall be reported by
 6200  program, FTE expenditure, and revenue source. These enrollments,
 6201  expenditures, and revenues shall be reported and projected
 6202  separately. Instruction of state inmates may shall not be
 6203  included in the full-time equivalent student enrollment for
 6204  funding through the Florida Community College System Program
 6205  Fund.
 6206         (f) When a public educational institution has been fully
 6207  funded by an external agency for direct instructional costs of
 6208  any course or program, the FTE generated may shall not be
 6209  reported for state funding.
 6210         (g) The State Board of Education shall adopt rules to
 6211  implement s. 9(d)(8)f., Art. XII of the State Constitution.
 6212  These rules shall provide for the use of the funds available
 6213  under s. 9(d)(8)f., Art. XII by an individual Florida Community
 6214  College System institution for operating expense in any fiscal
 6215  year during which the State Board of Education has determined
 6216  that all major capital outlay needs have been met. Highest
 6217  priority for the use of these funds for purposes other than
 6218  financing approved capital outlay projects shall be for the
 6219  proper maintenance and repair of existing facilities for
 6220  projects approved by the State Board of Education. However, in
 6221  any fiscal year in which funds from this source are authorized
 6222  for operating expense other than approved maintenance and repair
 6223  projects, the allocation of Florida Community College System
 6224  institution program funds shall be reduced by an amount equal to
 6225  the sum used for such operating expense for that Florida
 6226  Community College System institution that year, and that amount
 6227  shall not be released or allocated among the other Florida
 6228  Community College System institutions that year.
 6229         (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
 6230  OUTLAY AND DEBT SERVICE.—The amount included for capital outlay
 6231  and debt service shall be as determined and provided in s. 18,
 6232  Art. XII of the State Constitution of 1885, as adopted by s.
 6233  9(d), Art. XII of the 1968 revised State Constitution and State
 6234  Board of Education rules.
 6235         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 6236         (a) By December 15 of each year, the State Board of
 6237  Community Colleges Department of Education shall estimate the
 6238  annual enrollment of each Florida Community College System
 6239  institution for the current fiscal year and for the 3 subsequent
 6240  fiscal years. These estimates shall be based upon prior years’
 6241  enrollments, upon the initial fall term enrollments for the
 6242  current fiscal year for each college, and upon each college’s
 6243  estimated current enrollment and demographic changes in the
 6244  respective Florida Community College System institution
 6245  districts. Upper-division enrollment shall be estimated
 6246  separately from lower-division enrollment.
 6247         (b) The apportionment to each Florida Community College
 6248  System institution from the Florida Community College System
 6249  Program Fund shall be determined annually in the General
 6250  Appropriations Act. In determining each college’s apportionment,
 6251  the Legislature shall consider the following components:
 6252         1. Base budget, which includes the state appropriation to
 6253  the Florida Community College System Program Fund in the current
 6254  year plus the related student tuition and out-of-state fees
 6255  assigned in the current General Appropriations Act.
 6256         2. The cost-to-continue allocation, which consists of
 6257  incremental changes to the base budget, including salaries,
 6258  price levels, and other related costs allocated through a
 6259  funding model approved by the Legislature which may recognize
 6260  differing economic factors arising from the individual
 6261  educational approaches of the various Florida Community College
 6262  System institutions, including, but not limited to:
 6263         a. Direct Instructional Funding, including class size,
 6264  faculty productivity factors, average faculty salary, ratio of
 6265  full-time to part-time faculty, costs of programs, and
 6266  enrollment factors.
 6267         b. Academic Support, including small colleges factor,
 6268  multicampus factor, and enrollment factor.
 6269         c. Student Services Support, including headcount of
 6270  students as well as FTE count and enrollment factors.
 6271         d. Library Support, including volume and other
 6272  materials/audiovisual requirements.
 6273         e. Special Projects.
 6274         f. Operations and Maintenance of Plant, including square
 6275  footage and utilization factors.
 6276         g. District Cost Differential.
 6277         3. Students enrolled in a recreation and leisure program
 6278  and students enrolled in a lifelong learning program who may not
 6279  be counted as full-time equivalent enrollments for purposes of
 6280  enrollment workload adjustments.
 6281         4. Operating costs of new facilities adjustments, which
 6282  shall be provided, from funds available, for each new facility
 6283  that is owned by the college and is recommended in accordance
 6284  with s. 1013.31.
 6285         5. New and improved program enhancements, which shall be
 6286  determined by the Legislature.
 6287  
 6288  Student fees in the base budget plus student fee revenues
 6289  generated by increases in fee rates shall be deducted from the
 6290  sum of the components determined in subparagraphs 1.-5. The
 6291  amount remaining shall be the net annual state apportionment to
 6292  each college.
 6293         (c) A No Florida Community College System institution may
 6294  not shall commit funds for the employment of personnel or
 6295  resources in excess of those required to continue the same level
 6296  of support for either the previously approved enrollment or the
 6297  revised enrollment, whichever is lower.
 6298         (d) The apportionment to each Florida Community College
 6299  System institution district for capital outlay and debt service
 6300  shall be the amount determined in accordance with subsection
 6301  (2). This amount, less any amount determined as necessary for
 6302  administrative expense by the State Board of Education and any
 6303  amount necessary for debt service on bonds issued by the State
 6304  Board of Education, shall be transmitted to the Florida
 6305  Community College System institution board of trustees to be
 6306  expended in a manner prescribed by rules of the State Board of
 6307  Education.
 6308         (e) If at any time the unencumbered balance in the general
 6309  fund of the Florida Community College System institution board
 6310  of trustees approved operating budget goes below 5 percent, the
 6311  president shall provide written notification to the State Board
 6312  of Education.
 6313         (f) Expenditures for apprenticeship programs must shall be
 6314  reported separately.
 6315         (g) Expenditures for upper-division enrollment in a Florida
 6316  Community College System institution that grants baccalaureate
 6317  degrees must shall be reported separately from expenditures for
 6318  lower-division enrollment, in accordance with law and State
 6319  Board of Education rule.
 6320         (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated
 6321  herein to any Florida Community College System institution must
 6322  shall be expended only for the purpose of supporting that
 6323  Florida Community College System institution.
 6324         (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida
 6325  Community College System institution board of trustees shall
 6326  report, as a separate item in its annual cost accounting system,
 6327  the volume and cost of developmental education options provided
 6328  to help students attain the communication and computation skills
 6329  that are essential for college-level work pursuant to s.
 6330  1008.30.
 6331         Section 102. Section 1011.85, Florida Statutes, is amended
 6332  to read:
 6333         1011.85 Dr. Philip Benjamin Matching Grant Program for
 6334  Florida Community College System Institutions.—
 6335         (1) There is created the Dr. Philip Benjamin Matching Grant
 6336  Program for Florida Community College System Institutions as a
 6337  single matching gifts program that encompasses the goals
 6338  originally set out in the Academic Improvement Program, the
 6339  Scholarship Matching Program, and the Health Care Education
 6340  Quality Enhancement Challenge Grant. The program shall be
 6341  administered according to rules of the State Board of Community
 6342  Colleges Education and used to encourage private support in
 6343  enhancing Florida Community College System institutions by
 6344  providing the Florida Community College System with the
 6345  opportunity to receive and match challenge grants. Funds
 6346  received prior to the effective date of this act for each of the
 6347  three programs shall be retained in the separate account for
 6348  which it was designated.
 6349         (2) Each Florida Community College System institution board
 6350  of trustees receiving state appropriations under this program
 6351  shall approve each gift to ensure alignment with the unique
 6352  mission of the Florida Community College System institution. The
 6353  board of trustees must link all requests for a state match to
 6354  the goals and mission statement. The Florida Community College
 6355  System Institution Foundation Board receiving state
 6356  appropriations under this program shall approve each gift to
 6357  ensure alignment with its goals and mission statement. Funds
 6358  received from community events and festivals are not eligible
 6359  for state matching funds under this program.
 6360         (3) Upon approval by the Florida Community College System
 6361  institution board of trustees and the State Board of Community
 6362  Colleges Education, the ordering of donations for priority
 6363  listing of unmatched gifts should be determined by the
 6364  submitting Florida Community College System institution.
 6365         (4) Each year, eligible contributions received by a Florida
 6366  Community College System institution’s foundation or the State
 6367  Board of Community Colleges Education by February 1 shall be
 6368  eligible for state matching funds.
 6369         (a) Each Florida Community College System institution board
 6370  of trustees and, when applicable, the Florida Community College
 6371  System Institution Foundation Board, receiving state
 6372  appropriations under this program shall also certify in an
 6373  annual report to the State Board of Community Colleges Education
 6374  the receipt of eligible cash contributions that were previously
 6375  unmatched by the state. The State Board of Education shall adopt
 6376  rules providing all Florida Community College System
 6377  institutions with an opportunity to apply for excess funds
 6378  before the awarding of such funds.
 6379         (b) Florida Community College System institutions must
 6380  submit to the State Board of Community Colleges Education an
 6381  annual expenditure report tracking the use of all matching
 6382  funds.
 6383         (c) The audit of each foundation receiving state funds from
 6384  this program must include a certification of accuracy in the
 6385  amount reported for matching funds.
 6386         (5) The matching ratio for donations that are specifically
 6387  designated to support scholarships, including scholarships for
 6388  first-generation-in-college students, student loans, or need
 6389  based grants shall be $1 of state funds to $1 of local private
 6390  funds.
 6391         (6) Otherwise, funds must shall be proportionately
 6392  allocated to the Florida Community College System institutions
 6393  on the basis of matching each $6 of local or private funds with
 6394  $4 of state funds. To be eligible, a minimum of $4,500 must be
 6395  raised from private sources.
 6396         (7) The Florida Community College System institution board
 6397  of trustees, in conjunction with the donor, shall determine make
 6398  the determination of whether scholarships established pursuant
 6399  to this program are endowed.
 6400         (8)(a) Funds sufficient to provide the match shall be
 6401  transferred from the state appropriations to the local Florida
 6402  Community College System institution foundation or the statewide
 6403  Florida Community College System institution foundation upon
 6404  notification that a proportionate amount has been received and
 6405  deposited by a Florida Community College System institution in
 6406  its own trust fund.
 6407         (b) If state funds appropriated for the program are
 6408  insufficient to match contributions, the amount allocated must
 6409  shall be reduced in proportion to its share of the total
 6410  eligible contributions. However, in making proportional
 6411  reductions, every Florida Community College System institution
 6412  shall receive a minimum of $75,000 in state matching funds if
 6413  its eligible contributions would have generated an amount at
 6414  least equal to $75,000. All unmet contributions must shall be
 6415  eligible for state matching funds in subsequent fiscal years.
 6416         (9) Each Florida Community College System institution
 6417  entity shall establish its own matching grant program fund as a
 6418  depository for the private contributions and matching state
 6419  funds provided under this section. Florida Community College
 6420  System institution foundations are responsible for the
 6421  maintenance, investment, and administration of their matching
 6422  grant program funds.
 6423         (10) The State Board of Community Colleges Education may
 6424  receive submissions of requests for matching funds and
 6425  documentation relating to those requests, may approve requests
 6426  for matching funds, and may allocate such funds to the Florida
 6427  Community College System institutions.
 6428         (11) The board of trustees of the Florida Community College
 6429  System institution and the State Board of Community Colleges
 6430  Education are responsible for determining the uses for the
 6431  proceeds of their respective trust funds. Such use of the
 6432  proceeds shall include, but not be limited to, expenditure of
 6433  the funds for:
 6434         (a) Scientific and technical equipment.
 6435         (b) Scholarships, loans, or need-based grants.
 6436         (c) Other activities that will benefit future students as
 6437  well as students currently enrolled at the Florida Community
 6438  College System institution, will improve the quality of
 6439  education at the Florida Community College System institution,
 6440  or will enhance economic development in the community.
 6441         (12) Each Florida Community College System institution
 6442  shall notify all donors of private funds of a substantial delay
 6443  in the availability of state matching funds for this program.
 6444         (13) Effective July 1, 2011, state matching funds are
 6445  temporarily suspended for donations received for this program on
 6446  or after June 30, 2011. Existing eligible donations remain
 6447  eligible for future matching funds. The program may be restarted
 6448  after $200 million of the backlog for programs under this
 6449  section and ss. 1011.32, 1011.94, and 1013.79 have been matched.
 6450         Section 103. Subsection (1) of section 1012.01, Florida
 6451  Statutes, is amended to read:
 6452         1012.01 Definitions.—As used in this chapter, the following
 6453  terms have the following meanings:
 6454         (1) SCHOOL OFFICERS.—The officers of the state system of
 6455  public K-12 and Florida College System institution education
 6456  shall be the Commissioner of Education and the members of the
 6457  State Board of Education; for the Florida Community College
 6458  System, the officers shall be the Chancellor of the Florida
 6459  Community College System and the members of the State Board of
 6460  Community Colleges; for each district school system, the
 6461  officers shall be the district school superintendent and members
 6462  of the district school board; and for each Florida Community
 6463  College System institution, the officers shall be the Florida
 6464  Community College System institution president and members of
 6465  the Florida Community College System institution board of
 6466  trustees.
 6467         Section 104. Paragraph (a) of subsection (1) of section
 6468  1012.80, Florida Statutes, is amended to read:
 6469         1012.80 Participation by employees in disruptive activities
 6470  at public postsecondary educational institutions; penalties.—
 6471         (1)(a) Any person who accepts the privilege extended by the
 6472  laws of this state of employment at any Florida Community
 6473  College System institution shall, by working at such
 6474  institution, be deemed to have given his or her consent to the
 6475  policies of that institution, the policies of the State Board of
 6476  Community Colleges Education, and the laws of this state. Such
 6477  policies shall include prohibition against disruptive activities
 6478  at Florida Community College System institutions.
 6479         Section 105. Subsection (1) of section 1012.81, Florida
 6480  Statutes, is amended to read:
 6481         1012.81 Personnel records.—
 6482         (1) The State Board of Community Colleges Education shall
 6483  adopt rules prescribing the content and custody of limited
 6484  access records that a Florida Community College System
 6485  institution may maintain on its employees. Limited-access
 6486  employee records are confidential and exempt from the provisions
 6487  of s. 119.07(1). Limited-access records include only the
 6488  following:
 6489         (a) Records containing information reflecting academic
 6490  evaluations of employee performance; however, the employee and
 6491  officials of the institution responsible for supervision of the
 6492  employee shall have access to such records.
 6493         (b) Records maintained for the purposes of any
 6494  investigation of employee misconduct, including, but not limited
 6495  to, a complaint against an employee and all information obtained
 6496  pursuant to the investigation of such complaint; however, these
 6497  records become public after the investigation ceases to be
 6498  active or when the institution provides written notice to the
 6499  employee who is the subject of the complaint that the
 6500  institution has either:
 6501         1. Concluded the investigation with a finding not to
 6502  proceed with disciplinary action;
 6503         2. Concluded the investigation with a finding to proceed
 6504  with disciplinary action; or
 6505         3. Issued a letter of discipline.
 6506  
 6507  For the purpose of this paragraph, an investigation shall be
 6508  considered active as long as it is continuing with a reasonable,
 6509  good faith anticipation that a finding will be made in the
 6510  foreseeable future. An investigation shall be presumed to be
 6511  inactive if no finding is made within 90 days after the
 6512  complaint is filed.
 6513         Section 106. Subsection (1) of section 1012.83, Florida
 6514  Statutes, is amended to read:
 6515         1012.83 Contracts with administrative and instructional
 6516  staff.—
 6517         (1) Each person employed in an administrative or
 6518  instructional capacity in a Florida Community College System
 6519  institution shall be entitled to a contract as provided by rules
 6520  of the State Board of Community Colleges Education.
 6521         Section 107. Section 1012.855, Florida Statutes, is amended
 6522  to read:
 6523         1012.855 Employment of Florida Community College System
 6524  institution personnel; discrimination in granting salary
 6525  prohibited.—
 6526         (1)(a) Employment of all personnel in each Florida
 6527  Community College System institution shall be upon
 6528  recommendation of the president, subject to rejection for cause
 6529  by the Florida Community College System institution board of
 6530  trustees; to the rules of the State Board of Community Colleges
 6531  Education relative to certification, tenure, leaves of absence
 6532  of all types, including sabbaticals, remuneration, and such
 6533  other conditions of employment as the State Board of Community
 6534  Colleges Education deems necessary and proper; and to policies
 6535  of the Florida Community College System institution board of
 6536  trustees not inconsistent with law.
 6537         (b) Any internal auditor employed by a Florida Community
 6538  College System institution shall be hired by the Florida
 6539  Community College System institution board of trustees and shall
 6540  report directly to the board.
 6541         (2) Each Florida Community College System institution board
 6542  of trustees shall undertake a program to eradicate any
 6543  discrimination on the basis of gender, race, or physical
 6544  handicap in the granting of salaries to employees.
 6545         Section 108. Section 1012.86, Florida Statutes, is amended
 6546  to read:
 6547         1012.86 Florida Community College System institution
 6548  employment equity accountability program.—
 6549         (1) Each Florida Community College System institution shall
 6550  include in its annual equity update a plan for increasing the
 6551  representation of women and minorities in senior-level
 6552  administrative positions and in full-time faculty positions, and
 6553  for increasing the representation of women and minorities who
 6554  have attained continuing-contract status. Positions shall be
 6555  defined in the personnel data element directory of the
 6556  Department of Education. The plan must include specific
 6557  measurable goals and objectives, specific strategies and
 6558  timelines for accomplishing these goals and objectives, and
 6559  comparable national standards as provided by the Department of
 6560  Education. The goals and objectives shall be based on meeting or
 6561  exceeding comparable national standards and shall be reviewed
 6562  and recommended by the State Board of Community Colleges
 6563  Education as appropriate. Such plans shall be maintained until
 6564  appropriate representation has been achieved and maintained for
 6565  at least 3 consecutive reporting years.
 6566         (2)(a) On or before May 1 of each year, each Florida
 6567  Community College System institution president shall submit an
 6568  annual employment accountability plan to the Chancellor of the
 6569  Florida Community College System and the State Board of
 6570  Community Colleges Commissioner of Education and the State Board
 6571  of Education. The accountability plan must show faculty and
 6572  administrator employment data according to requirements
 6573  specified on the federal Equal Employment Opportunity (EE0-6)
 6574  report.
 6575         (b) The plan must show the following information for those
 6576  positions including, but not limited to:
 6577         1. Job classification title.
 6578         2. Gender.
 6579         3. Ethnicity.
 6580         4. Appointment status.
 6581         5. Salary information. At each Florida Community College
 6582  System institution, salary information shall also include the
 6583  salary ranges in which new hires were employed compared to the
 6584  salary ranges for employees with comparable experience and
 6585  qualifications.
 6586         6. Other comparative information including, but not limited
 6587  to, composite information regarding the total number of
 6588  positions within the particular job title classification for the
 6589  Florida Community College System institution by race, gender,
 6590  and salary range compared to the number of new hires.
 6591         7. A statement certifying diversity and balance in the
 6592  gender and ethnic composition of the selection committee for
 6593  each vacancy, including a brief description of guidelines used
 6594  for ensuring balanced and diverse membership on selection and
 6595  review committees.
 6596         (c) The annual employment accountability plan shall also
 6597  include an analysis and an assessment of the Florida Community
 6598  College System institution’s attainment of annual goals and of
 6599  long-range goals for increasing the number of women and
 6600  minorities in faculty and senior-level administrative positions,
 6601  and a corrective action plan for addressing underrepresentation.
 6602         (d) Each Florida Community College System institution’s
 6603  employment accountability plan must also include:
 6604         1. The requirements for receiving a continuing contract.
 6605         2. A brief description of the process used to grant
 6606  continuing-contract status.
 6607         3. A brief description of the process used to annually
 6608  apprise each eligible faculty member of progress toward
 6609  attainment of continuing-contract status.
 6610         (3) Florida Community College System institution presidents
 6611  and the heads of each major administrative division shall be
 6612  evaluated annually on the progress made toward meeting the goals
 6613  and objectives of the Florida Community College System
 6614  institution’s employment accountability plan.
 6615         (a) The Florida Community College System institution
 6616  presidents, or the presidents’ designees, shall annually
 6617  evaluate each department chairperson, dean, provost, and vice
 6618  president in achieving the annual and long-term goals and
 6619  objectives. A summary of the results of such evaluations shall
 6620  be reported annually by the Florida Community College System
 6621  institution president to the Florida Community College System
 6622  institution board of trustees. Annual budget allocations by the
 6623  Florida Community College System institution board of trustees
 6624  for positions and funding must take into consideration these
 6625  evaluations.
 6626         (b) Florida Community College System institution boards of
 6627  trustees shall annually evaluate the performance of the Florida
 6628  Community College System institution presidents in achieving the
 6629  annual and long-term goals and objectives. A summary of the
 6630  results of such evaluations shall be reported to the State Board
 6631  of Community Colleges Commissioner of Education and the State
 6632  Board of Education as part of the Florida Community College
 6633  System institution’s annual employment accountability plan, and
 6634  to the Legislature as part of the annual equity progress report
 6635  submitted by the State Board of Community Colleges Education.
 6636         (4) The State Board of Community Colleges Education shall
 6637  submit an annual equity progress report to the President of the
 6638  Senate and the Speaker of the House of Representatives on or
 6639  before January 1 of each year.
 6640         (5) Each Florida Community College System institution shall
 6641  develop a budgetary incentive plan to support and ensure
 6642  attainment of the goals developed pursuant to this section. The
 6643  plan shall specify, at a minimum, how resources shall be
 6644  allocated to support the achievement of goals and the
 6645  implementation of strategies in a timely manner. After prior
 6646  review and approval by the Florida Community College System
 6647  institution president and the Florida Community College System
 6648  institution board of trustees, the plan shall be submitted as
 6649  part of the annual employment accountability plan submitted by
 6650  each Florida Community College System institution to the State
 6651  Board of Community Colleges Education.
 6652         (6) Subject to available funding, the Legislature shall
 6653  provide an annual appropriation to the State Board of Community
 6654  Colleges Education to be allocated to Florida Community College
 6655  System institution presidents, faculty, and administrative
 6656  personnel to further enhance equity initiatives and related
 6657  priorities that support the mission of colleges and departments
 6658  in recognition of the attainment of the equity goals and
 6659  objectives.
 6660         Section 109. Subsection (3) of section 1013.01, Florida
 6661  Statutes, is amended to read:
 6662         1013.01 Definitions.—The following terms shall be defined
 6663  as follows for the purpose of this chapter:
 6664         (3) “Board,” unless otherwise specified, means a district
 6665  school board, a Florida Community College System institution
 6666  board of trustees, a university board of trustees, and the Board
 6667  of Trustees for the Florida School for the Deaf and the Blind.
 6668  The term “board” does not include the State Board of Education,
 6669  or the Board of Governors, or the State Board of Community
 6670  Colleges.
 6671         Section 110. Subsection (2) of section 1013.02, Florida
 6672  Statutes, is amended to read:
 6673         1013.02 Purpose; rules and regulations.—
 6674         (2)(a) The State Board of Education shall adopt rules
 6675  pursuant to ss. 120.536(1) and 120.54 to implement the
 6676  provisions of this chapter for school districts and Florida
 6677  College System institutions.
 6678         (b) The Board of Governors shall adopt regulations pursuant
 6679  to its regulation development procedure to implement the
 6680  provisions of this chapter for state universities.
 6681         (c) The State Board of Community Colleges shall adopt rules
 6682  pursuant to ss. 120.536(1) and 120.54 to implement this chapter
 6683  for Florida Community College System institutions.
 6684         Section 111. Section 1013.03, Florida Statutes, is amended
 6685  to read:
 6686         1013.03 Functions of the department, the State Board of
 6687  Community Colleges, and the Board of Governors.—The functions of
 6688  the Department of Education as it pertains to educational
 6689  facilities of school districts, of the State Board of Community
 6690  Colleges as it pertains to educational facilities of and Florida
 6691  Community College System institutions, and of the Board of
 6692  Governors as it pertains to educational facilities of state
 6693  universities shall include, but not be limited to, the
 6694  following:
 6695         (1) Establish recommended minimum and maximum square
 6696  footage standards for different functions and areas and
 6697  procedures for determining the gross square footage for each
 6698  educational facility to be funded in whole or in part by the
 6699  state, including public broadcasting stations but excluding
 6700  postsecondary special purpose laboratory space. The gross square
 6701  footage determination standards may be exceeded when the core
 6702  facility space of an educational facility is constructed or
 6703  renovated to accommodate the future addition of classrooms to
 6704  meet projected increases in student enrollment. The department,
 6705  the State Board of Community Colleges, and the Board of
 6706  Governors shall encourage multiple use of facilities and spaces
 6707  in educational plants.
 6708         (2) Establish, for the purpose of determining need,
 6709  equitably uniform utilization standards for all types of like
 6710  space, regardless of the level of education. These standards
 6711  shall also establish, for postsecondary education classrooms, a
 6712  minimum room utilization rate of 40 hours per week and a minimum
 6713  station utilization rate of 60 percent. These rates shall be
 6714  subject to increase based on national norms for utilization of
 6715  postsecondary education classrooms.
 6716         (3) Require boards to submit other educational plant
 6717  inventories data and statistical data or information relevant to
 6718  construction, capital improvements, and related costs.
 6719         (4) Require each board and other appropriate agencies to
 6720  submit complete and accurate financial data as to the amounts of
 6721  funds from all sources that are available and spent for
 6722  construction and capital improvements. The commissioner shall
 6723  prescribe the format and the date for the submission of this
 6724  data and any other educational facilities data. If any district
 6725  does not submit the required educational facilities fiscal data
 6726  by the prescribed date, the Commissioner of Education shall
 6727  notify the district school board of this fact and, if
 6728  appropriate action is not taken to immediately submit the
 6729  required report, the district school board shall be directed to
 6730  proceed pursuant to s. 1001.42(13)(b). If any Florida Community
 6731  College System institution or university does not submit the
 6732  required educational facilities fiscal data by the prescribed
 6733  date, the same policy prescribed in this subsection for school
 6734  districts shall be implemented.
 6735         (5) Administer, under the supervision of the Commissioner
 6736  of Education, the Public Education Capital Outlay and Debt
 6737  Service Trust Fund and the School District and Community College
 6738  District Capital Outlay and Debt Service Trust Fund.
 6739         (6) Develop, review, update, revise, and recommend a
 6740  mandatory portion of the Florida Building Code for educational
 6741  facilities construction and capital improvement by Florida
 6742  Community College System institution boards and district school
 6743  boards.
 6744         (7) Provide training, technical assistance, and building
 6745  code interpretation for requirements of the mandatory Florida
 6746  Building Code for the educational facilities construction and
 6747  capital improvement programs of the Florida College System
 6748  institution boards and district school boards and, upon request,
 6749  approve phase III construction documents for remodeling,
 6750  renovation, or new construction of educational plants or
 6751  ancillary facilities, except that Florida Community College
 6752  System institutions and university boards of trustees shall
 6753  approve specifications and construction documents for their
 6754  respective institutions pursuant to guidelines of the Board of
 6755  Governors or State Board of Community Colleges, as applicable.
 6756  The Department of Management Services may, upon request, provide
 6757  similar services for the Florida School for the Deaf and the
 6758  Blind and shall use the Florida Building Code and the Florida
 6759  Fire Prevention Code.
 6760         (8) Provide minimum criteria, procedures, and training to
 6761  boards to conduct educational plant surveys and document the
 6762  determination of future needs.
 6763         (9) Make available to boards technical assistance,
 6764  awareness training, and research and technical publications
 6765  relating to lifesafety, casualty, sanitation, environmental,
 6766  maintenance, and custodial issues; and, as needed, technical
 6767  assistance for survey, planning, design, construction,
 6768  operation, and evaluation of educational and ancillary
 6769  facilities and plants, facilities administrative procedures
 6770  review, and training for new administrators.
 6771         (10)(a) Review and validate surveys proposed or amended by
 6772  the boards and recommend to the Commissioner of Education, the
 6773  Chancellor of the Florida Community College System, or the
 6774  Chancellor of the State University System, as appropriate, for
 6775  approval, surveys that meet the requirements of this chapter.
 6776         1. The term “validate” as applied to surveys by school
 6777  districts means to review inventory data as submitted to the
 6778  department by district school boards; provide for review and
 6779  inspection, where required, of student stations and aggregate
 6780  square feet of inventory changed from satisfactory to
 6781  unsatisfactory or changed from unsatisfactory to satisfactory;
 6782  compare new school inventory to allocation limits provided by
 6783  this chapter; review cost projections for conformity with cost
 6784  limits set by s. 1013.64(6); compare total capital outlay full
 6785  time equivalent enrollment projections in the survey with the
 6786  department’s projections; review facilities lists to verify that
 6787  student station and auxiliary facility space allocations do not
 6788  exceed the limits provided by this chapter and related rules;
 6789  review and confirm the application of uniform facility
 6790  utilization factors, where provided by this chapter or related
 6791  rules; use utilize the documentation of programs offered per
 6792  site, as submitted by the board, to analyze facility needs;
 6793  confirm that need projections for career and adult educational
 6794  programs comply with needs documented by the Department of
 6795  Education; and confirm the assignment of full-time student
 6796  stations to all space except auxiliary facilities, which, for
 6797  purposes of exemption from student station assignment, include
 6798  the following:
 6799         a. Cafeterias.
 6800         b. Multipurpose dining areas.
 6801         c. Media centers.
 6802         d. Auditoriums.
 6803         e. Administration.
 6804         f. Elementary, middle, and high school resource rooms, up
 6805  to the number of such rooms recommended for the applicable
 6806  occupant and space design capacity of the educational plant in
 6807  the State Requirements for Educational Facilities, beyond which
 6808  student stations must be assigned.
 6809         g. Elementary school skills labs, up to the number of such
 6810  rooms recommended for the applicable occupant and space design
 6811  capacity of the educational plant in the State Requirements for
 6812  Educational Facilities, beyond which student stations must be
 6813  assigned.
 6814         h. Elementary school art and music rooms.
 6815  
 6816  The Commissioner of Education may grant a waiver from the
 6817  requirements of this subparagraph if a district school board
 6818  determines that such waiver will make possible a substantial
 6819  savings of funds or will be advantageous to the welfare of the
 6820  educational system. The district school board shall present a
 6821  full statement to the commissioner which sets forth the facts
 6822  that warrant the waiver. If the commissioner denies a request
 6823  for a waiver, the district school board may appeal such decision
 6824  to the State Board of Education.
 6825         2. The term “validate” as applied to surveys by Florida
 6826  Community College System institutions and universities means to
 6827  review and document the approval of each new site and official
 6828  designation, where applicable; review the inventory database as
 6829  submitted by each board to the department, including noncareer,
 6830  and total capital outlay full-time equivalent enrollment
 6831  projections per site and per college; provide for the review and
 6832  inspection, where required, of student stations and aggregate
 6833  square feet of space changed from satisfactory to
 6834  unsatisfactory; use utilize and review the documentation of
 6835  programs offered per site submitted by the boards as accurate
 6836  for analysis of space requirements and needs; confirm that needs
 6837  projected for career and adult educational programs comply with
 6838  needs documented by the Department of Education; compare new
 6839  facility inventory to allocations limits as provided in this
 6840  chapter; review cost projections for conformity with state
 6841  averages or limits designated by this chapter; compare student
 6842  enrollment projections in the survey to the department’s
 6843  projections; review facilities lists to verify that area
 6844  allocations and space factors for generating space needs do not
 6845  exceed the limits as provided by this chapter and related rules;
 6846  confirm the application of facility utilization factors as
 6847  provided by this chapter and related rules; and review, as
 6848  submitted, documentation of how survey recommendations will
 6849  implement the detail of current campus master plans and
 6850  integrate with local comprehensive plans and development
 6851  regulations.
 6852         (b) Recommend priority of projects to be funded.
 6853         (11) Prepare the commissioner’s comprehensive fixed capital
 6854  outlay legislative budget request and provide annually an
 6855  estimate of the funds available for developing required 3-year
 6856  priority lists. This amount shall be based upon the average
 6857  percentage for the 5 prior years of funds appropriated by the
 6858  Legislature for fixed capital outlay to each level of public
 6859  education: public schools, Florida Community College System
 6860  institutions, and universities.
 6861         (12) Perform any other functions that may be involved in
 6862  educational facilities construction and capital improvement
 6863  which shall ensure that the intent of the Legislature is
 6864  implemented.
 6865         Section 112. Section 1013.28, Florida Statutes, is amended
 6866  to read:
 6867         1013.28 Disposal of property.—
 6868         (1) REAL PROPERTY.—
 6869         (a) Subject to rules of the State Board of Education, a
 6870  district school board or, the Board of Trustees for the Florida
 6871  School for the Deaf and the Blind, or a Florida College System
 6872  institution board of trustees may dispose of any land or real
 6873  property to which the board holds title which is, by resolution
 6874  of the board, determined to be unnecessary for educational
 6875  purposes as recommended in an educational plant survey. A
 6876  district school board or, the Board of Trustees for the Florida
 6877  School for the Deaf and the Blind, or a Florida College System
 6878  institution board of trustees shall take diligent measures to
 6879  dispose of educational property only in the best interests of
 6880  the public. However, appraisals may be obtained by the district
 6881  school board or, the Board of Trustees for the Florida School
 6882  for the Deaf and the Blind before, or the Florida College System
 6883  institution board of trustees prior to or simultaneously with
 6884  the receipt of bids.
 6885         (b) Subject to regulations of the Board of Governors, a
 6886  state university board of trustees may dispose of any land or
 6887  real property to which it holds valid title which is, by
 6888  resolution of the state university board of trustees, determined
 6889  to be unnecessary for educational purposes as recommended in an
 6890  educational plant survey. A state university board of trustees
 6891  shall take diligent measures to dispose of educational property
 6892  only in the best interests of the public. However, appraisals
 6893  may be obtained by the state university board of trustees prior
 6894  to or simultaneously with the receipt of bids.
 6895         (c) Subject to rules of the State Board of Community
 6896  Colleges, a Florida Community College System institution board
 6897  of trustees may dispose of any land or real property to which it
 6898  holds valid title which is, by resolution of the Florida
 6899  Community College System institution board of trustees,
 6900  determined to be unnecessary for educational purposes as
 6901  recommended in an educational plant survey. A Florida Community
 6902  College System institution board of trustees shall take diligent
 6903  measures to dispose of educational property only in the best
 6904  interests of the public. However, appraisals may be obtained by
 6905  the Florida Community College System institution board of
 6906  trustees prior to or simultaneously with the receipt of bids.
 6907         (2) TANGIBLE PERSONAL PROPERTY.—
 6908         (a) Tangible personal property that has been properly
 6909  classified as surplus by a district school board or Florida
 6910  College System institution board of trustees shall be disposed
 6911  of in accordance with the procedure established by chapter 274.
 6912  However, the provisions of chapter 274 shall not be applicable
 6913  to a motor vehicle used in driver education to which title is
 6914  obtained for a token amount from an automobile dealer or
 6915  manufacturer. In such cases, the disposal of the vehicle shall
 6916  be as prescribed in the contractual agreement between the
 6917  automotive agency or manufacturer and the board.
 6918         (b) Tangible personal property that has been properly
 6919  classified as surplus by a state university board of trustees
 6920  shall be disposed of in accordance with the procedure
 6921  established by chapter 273.
 6922         (c) Tangible personal property that has been properly
 6923  classified as surplus by a Florida Community College System
 6924  institution board of trustees shall be disposed of in accordance
 6925  with the procedure established by chapter 273.
 6926         Section 113. Subsection (1) of section 1013.31, Florida
 6927  Statutes, is amended to read:
 6928         1013.31 Educational plant survey; localized need
 6929  assessment; PECO project funding.—
 6930         (1) At least every 5 years, each board shall arrange for an
 6931  educational plant survey, to aid in formulating plans for
 6932  housing the educational program and student population, faculty,
 6933  administrators, staff, and auxiliary and ancillary services of
 6934  the district or campus, including consideration of the local
 6935  comprehensive plan. The Department of Education, for school
 6936  districts, and the State Board of Community Colleges, for the
 6937  Florida Community College System, shall document the need for
 6938  additional career and adult education programs and the
 6939  continuation of existing programs before facility construction
 6940  or renovation related to career or adult education may be
 6941  included in the educational plant survey of a school district or
 6942  Florida Community College System institution that delivers
 6943  career or adult education programs. Information used by the
 6944  Department of Education or State Board of Community Colleges to
 6945  establish facility needs must include, but need not be limited
 6946  to, labor market data, needs analysis, and information submitted
 6947  by the school district or Florida Community College System
 6948  institution.
 6949         (a) Survey preparation and required data.—Each survey shall
 6950  be conducted by the board or an agency employed by the board.
 6951  Surveys shall be reviewed and approved by the board, and a file
 6952  copy shall be submitted to the Department of Education, the
 6953  Chancellor of the Florida Community College System, or the
 6954  Chancellor of the State University System, as appropriate. The
 6955  survey report shall include at least an inventory of existing
 6956  educational and ancillary plants, including safe access
 6957  facilities; recommendations for existing educational and
 6958  ancillary plants; recommendations for new educational or
 6959  ancillary plants, including the general location of each in
 6960  coordination with the land use plan and safe access facilities;
 6961  campus master plan update and detail for Florida Community
 6962  College System institutions; the use utilization of school
 6963  plants based on an extended school day or year-round operation;
 6964  and such other information as may be required by the Department
 6965  of Education. This report may be amended, if conditions warrant,
 6966  at the request of the department or commissioner.
 6967         (b) Required need assessment criteria for district, Florida
 6968  Community College System institution, state university, and
 6969  Florida School for the Deaf and the Blind plant surveys.
 6970  Educational plant surveys must use uniform data sources and
 6971  criteria specified in this paragraph. Each revised educational
 6972  plant survey and each new educational plant survey supersedes
 6973  previous surveys.
 6974         1. The school district’s survey must be submitted as a part
 6975  of the district educational facilities plan defined in s.
 6976  1013.35. To ensure that the data reported to the Department of
 6977  Education as required by this section is correct, the department
 6978  shall annually conduct an onsite review of 5 percent of the
 6979  facilities reported for each school district completing a new
 6980  survey that year. If the department’s review finds the data
 6981  reported by a district is less than 95 percent accurate, within
 6982  1 year from the time of notification by the department the
 6983  district must submit revised reports correcting its data. If a
 6984  district fails to correct its reports, the commissioner may
 6985  direct that future fixed capital outlay funds be withheld until
 6986  such time as the district has corrected its reports so that they
 6987  are not less than 95 percent accurate.
 6988         2. Each survey of a special facility, joint-use facility,
 6989  or cooperative career education facility must be based on
 6990  capital outlay full-time equivalent student enrollment data
 6991  prepared by the department for school districts and Florida
 6992  Community College System institutions and by the Chancellor of
 6993  the State University System for universities. A survey of space
 6994  needs of a joint-use facility shall be based upon the respective
 6995  space needs of the school districts, Florida Community College
 6996  System institutions, and universities, as appropriate.
 6997  Projections of a school district’s facility space needs may not
 6998  exceed the norm space and occupant design criteria established
 6999  by the State Requirements for Educational Facilities.
 7000         3. Each Florida Community College System institution’s
 7001  survey must reflect the capacity of existing facilities as
 7002  specified in the inventory maintained and validated by the
 7003  Chancellor of the Florida Community College System by the
 7004  Department of Education. Projections of facility space needs
 7005  must comply with standards for determining space needs as
 7006  specified by rule of the State Board of Community Colleges
 7007  Education. The 5-year projection of capital outlay student
 7008  enrollment must be consistent with the annual report of capital
 7009  outlay full-time student enrollment prepared by the Department
 7010  of Education.
 7011         4. Each state university’s survey must reflect the capacity
 7012  of existing facilities as specified in the inventory maintained
 7013  and validated by the Chancellor of the State University System.
 7014  Projections of facility space needs must be consistent with
 7015  standards for determining space needs as specified by regulation
 7016  of the Board of Governors. The projected capital outlay full
 7017  time equivalent student enrollment must be consistent with the
 7018  5-year planned enrollment cycle for the State University System
 7019  approved by the Board of Governors.
 7020         5. The district educational facilities plan of a school
 7021  district and the educational plant survey of a Florida Community
 7022  College System institution, state university, or the Florida
 7023  School for the Deaf and the Blind may include space needs that
 7024  deviate from approved standards for determining space needs if
 7025  the deviation is justified by the district or institution and
 7026  approved by the department, the State Board of Community
 7027  Colleges, or the Board of Governors, as appropriate, as
 7028  necessary for the delivery of an approved educational program.
 7029         (c) Review and validation.—The Department of Education
 7030  shall review and validate the surveys of school districts, the
 7031  Chancellor of the Florida Community College System shall review
 7032  and validate the surveys of and Florida Community College System
 7033  institutions, and the Chancellor of the State University System
 7034  shall review and validate the surveys of universities, and any
 7035  amendments thereto for compliance with the requirements of this
 7036  chapter and shall recommend those in compliance for approval by
 7037  the State Board of Education, the State Board of Community
 7038  Colleges, or the Board of Governors, as appropriate. Annually,
 7039  the department shall perform an in-depth analysis of a
 7040  representative sample of each survey of recommended needs for
 7041  five districts selected by the commissioner from among districts
 7042  with the largest need-to-revenue ratio. For the purpose of this
 7043  subsection, the need-to-revenue ratio is determined by dividing
 7044  the total 5-year cost of projects listed on the district survey
 7045  by the total 5-year fixed capital outlay revenue projections
 7046  from state and local sources as determined by the department.
 7047  The commissioner may direct fixed capital outlay funds to be
 7048  withheld from districts until such time as the survey accurately
 7049  projects facilities needs.
 7050         (d) Periodic update of Florida Inventory of School Houses.
 7051  School districts shall periodically update their inventory of
 7052  educational facilities as new capacity becomes available and as
 7053  unsatisfactory space is eliminated. The State Board of Education
 7054  shall adopt rules to determine the timeframe in which districts
 7055  must provide a periodic update.
 7056         Section 114. Subsections (1) and (3) of section 1013.36,
 7057  Florida Statutes, are amended to read:
 7058         1013.36 Site planning and selection.—
 7059         (1) Before acquiring property for sites, each district
 7060  school board and Florida Community College System institution
 7061  board of trustees shall determine the location of proposed
 7062  educational centers or campuses. In making this determination,
 7063  the board shall consider existing and anticipated site needs and
 7064  the most economical and practicable locations of sites. The
 7065  board shall coordinate with the long-range or comprehensive
 7066  plans of local, regional, and state governmental agencies to
 7067  assure the consistency of such plans. Boards are encouraged to
 7068  locate district educational facilities proximate to urban
 7069  residential areas to the extent possible, and shall seek to
 7070  collocate district educational facilities with other public
 7071  facilities, such as parks, libraries, and community centers, to
 7072  the extent possible and to encourage using elementary schools as
 7073  focal points for neighborhoods.
 7074         (3) Sites recommended for purchase or purchased must meet
 7075  standards prescribed in law and such supplementary standards as
 7076  the State Board of Education or State Board of Community
 7077  Colleges, as appropriate, prescribes to promote the educational
 7078  interests of the students. Each site must be well drained and
 7079  suitable for outdoor educational purposes as appropriate for the
 7080  educational program or collocated with facilities to serve this
 7081  purpose. As provided in s. 333.03, the site must not be located
 7082  within any path of flight approach of any airport. Insofar as is
 7083  practicable, the site must not adjoin a right-of-way of any
 7084  railroad or through highway and must not be adjacent to any
 7085  factory or other property from which noise, odors, or other
 7086  disturbances, or at which conditions, would be likely to
 7087  interfere with the educational program. To the extent
 7088  practicable, sites must be chosen which will provide safe access
 7089  from neighborhoods to schools.
 7090         Section 115. Subsections (3) and (4) of section 1013.37,
 7091  Florida Statutes, are amended to read:
 7092         1013.37 State uniform building code for public educational
 7093  facilities construction.—
 7094         (3) REVIEW PROCEDURE.—The Commissioner of Education and the
 7095  Chancellor of the Florida Community College System, as
 7096  appropriate, shall cooperate with the Florida Building
 7097  Commission in addressing all questions, disputes, or
 7098  interpretations involving the provisions of the Florida Building
 7099  Code which govern the construction of public educational and
 7100  ancillary facilities, and any objections to decisions made by
 7101  the inspectors or the department must be submitted in writing.
 7102         (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The
 7103  department, for school districts, and the State Board of
 7104  Community Colleges, for Florida Community College System
 7105  institutions, shall biennially review and recommend to the
 7106  Florida Building Commission updates and revisions to the
 7107  provisions of the Florida Building Code which govern the
 7108  construction of public educational and ancillary facilities. The
 7109  department, for school districts, and the State Board of
 7110  Community Colleges, for Florida Community College System
 7111  institutions, shall publish and make available to each board at
 7112  no cost copies of the State Requirements for Educational
 7113  Facilities and each amendment and revision thereto. The
 7114  department and state board shall make additional copies
 7115  available to all interested persons at a price sufficient to
 7116  recover costs.
 7117         Section 116. Section 1013.40, Florida Statutes, is amended
 7118  to read:
 7119         1013.40 Planning and construction of Florida Community
 7120  College System institution facilities; property acquisition.—
 7121         (1) The need for Florida Community College System
 7122  institution facilities shall be established by a survey
 7123  conducted pursuant to this chapter. The facilities recommended
 7124  by such survey must be approved by the State Board of Community
 7125  Colleges Education, and the projects must be constructed
 7126  according to the provisions of this chapter and State Board of
 7127  Community Colleges Education rules.
 7128         (2) A No Florida Community College System institution may
 7129  not expend public funds for the acquisition of additional
 7130  property without the specific approval of the Legislature.
 7131         (3) A No facility may not be acquired or constructed by a
 7132  Florida Community College System institution or its direct
 7133  support organization if such facility requires general revenue
 7134  funds for operation or maintenance upon project completion or in
 7135  subsequent years of operation, unless prior approval is received
 7136  from the Legislature.
 7137         (4) The campus of a Florida Community College System
 7138  institution within a municipality designated as an area of
 7139  critical state concern, as defined in s. 380.05, and having a
 7140  comprehensive plan and land development regulations containing a
 7141  building permit allocation system that limits annual growth, may
 7142  construct dormitories for up to 300 beds for Florida Community
 7143  College System institution students. Such dormitories are exempt
 7144  from the building permit allocation system and may be
 7145  constructed up to 45 feet in height if the dormitories are
 7146  otherwise consistent with the comprehensive plan, the Florida
 7147  Community College System institution has a hurricane evacuation
 7148  plan that requires all dormitory occupants to be evacuated 48
 7149  hours in advance of tropical force winds, and transportation is
 7150  provided for dormitory occupants during an evacuation. State
 7151  funds and tuition and fee revenues may not be used for
 7152  construction, debt service payments, maintenance, or operation
 7153  of such dormitories. Additional dormitory beds constructed after
 7154  July 1, 2016, may not be financed through the issuance of a
 7155  bond.
 7156         Section 117. Section 1013.47, Florida Statutes, is amended
 7157  to read:
 7158         1013.47 Substance of contract; contractors to give bond;
 7159  penalties.—Each board shall develop contracts consistent with
 7160  this chapter and statutes governing public facilities. Such a
 7161  contract must contain the drawings and specifications of the
 7162  work to be done and the material to be furnished, the time limit
 7163  in which the construction is to be completed, the time and
 7164  method by which payments are to be made upon the contract, and
 7165  the penalty to be paid by the contractor for a failure to comply
 7166  with the terms of the contract. The board may require the
 7167  contractor to pay a penalty for any failure to comply with the
 7168  terms of the contract and may provide an incentive for early
 7169  completion. Upon accepting a satisfactory bid, the board shall
 7170  enter into a contract with the party or parties whose bid has
 7171  been accepted. The contractor shall furnish the board with a
 7172  performance and payment bond as set forth in s. 255.05. A board
 7173  or other public entity may not require a contractor to secure a
 7174  surety bond under s. 255.05 from a specific agent or bonding
 7175  company. A person, firm, or corporation that constructs any part
 7176  of any educational plant, or addition thereto, on the basis of
 7177  any unapproved plans or in violation of any plans approved in
 7178  accordance with the provisions of this chapter and rules of the
 7179  State Board of Education or State Board of Community Colleges or
 7180  regulations of the Board of Governors relating to building
 7181  standards or specifications is subject to forfeiture of the
 7182  surety bond and unpaid compensation in an amount sufficient to
 7183  reimburse the board for any costs that will need to be incurred
 7184  in making any changes necessary to assure that all requirements
 7185  are met and is also guilty of a misdemeanor of the second
 7186  degree, punishable as provided in s. 775.082 or s. 775.083, for
 7187  each separate violation.
 7188         Section 118. Section 1013.52, Florida Statutes, is amended
 7189  to read:
 7190         1013.52 Cooperative development and joint use of facilities
 7191  by two or more boards.—
 7192         (1) Two or more boards, including district school boards,
 7193  Florida Community College System institution boards of trustees,
 7194  the Board of Trustees for the Florida School for the Deaf and
 7195  the Blind, and university boards of trustees, desiring to
 7196  cooperatively establish a common educational facility to
 7197  accommodate students shall:
 7198         (a) Jointly request a formal assessment by the Commissioner
 7199  of Education, or the Chancellor of the State University System,
 7200  or the Chancellor of the State Board of Community Colleges, as
 7201  appropriate, of the academic program need and the need to build
 7202  new joint-use facilities to house approved programs. Completion
 7203  of the assessment and approval of the project by the State Board
 7204  of Education, the State Board of Community Colleges, the
 7205  Chancellor of the Florida Community College System, the Board of
 7206  Governors, the Chancellor of the State University System, or the
 7207  Commissioner of Education, as appropriate, should be done prior
 7208  to conducting an educational facilities survey.
 7209         (b) Demonstrate the need for construction of new joint-use
 7210  facilities involving postsecondary institutions by those
 7211  institutions presenting evidence of the presence of sufficient
 7212  actual full-time equivalent enrollments in the locale in leased,
 7213  rented, or borrowed spaces to justify the requested facility for
 7214  the programs identified in the formal assessment rather than
 7215  using projected or anticipated future full-time equivalent
 7216  enrollments as justification. If the decision is made to
 7217  construct new facilities to meet this demonstrated need, then
 7218  building plans should consider full-time equivalent enrollment
 7219  growth facilitated by this new construction and subsequent new
 7220  program offerings made possible by the existence of the new
 7221  facilities.
 7222         (c) Adopt and submit to the Commissioner of Education, the
 7223  Chancellor of the Florida Community College System, or and the
 7224  Chancellor of the State University System, as appropriate, if
 7225  the joint request involves a state university, a joint
 7226  resolution of the participating boards indicating their
 7227  commitment to the utilization of the requested facility and
 7228  designating the locale of the proposed facility. The joint
 7229  resolution shall contain a statement of determination by the
 7230  participating boards that alternate options, including the use
 7231  of leased, rented, or borrowed space, were considered and found
 7232  less appropriate than construction of the proposed facility. The
 7233  joint resolution shall contain assurance that the development of
 7234  the proposed facility has been examined in conjunction with the
 7235  programs offered by neighboring public educational facilities
 7236  offering instruction at the same level. The joint resolution
 7237  also shall contain assurance that each participating board shall
 7238  provide for continuity of educational progression. All joint
 7239  resolutions shall be submitted by August 1 for consideration of
 7240  funding by the subsequent Legislature.
 7241         (d) Submit requests for funding of joint-use facilities
 7242  projects involving state universities and Florida Community
 7243  College System institutions for approval by the Chancellor of
 7244  the Florida Community College System Commissioner of Education
 7245  and the Chancellor of the State University System. The
 7246  Chancellor of the Florida Community College System Commissioner
 7247  of Education and the Chancellor of the State University System
 7248  shall jointly determine the priority for funding these projects
 7249  in relation to the priority of all other capital outlay projects
 7250  under their consideration. To be eligible for funding from the
 7251  Public Education Capital Outlay and Debt Service Trust Fund
 7252  under the provisions of this section, projects involving both
 7253  state universities and Florida Community College System
 7254  institutions shall appear on the 3-year capital outlay priority
 7255  lists of Florida Community College System institutions and of
 7256  universities required by s. 1013.64. Projects involving a state
 7257  university, a Florida Community College System institution, and
 7258  a public school, and in which the larger share of the proposed
 7259  facility is for the use of the state university or the Florida
 7260  Community College System institution, shall appear on the 3-year
 7261  capital outlay priority lists of the Florida Community College
 7262  System institutions or of the universities, as applicable.
 7263         (e) Include in their joint resolution for the joint-use
 7264  facilities, comprehensive plans for the operation and management
 7265  of the facility upon completion. Institutional responsibilities
 7266  for specific functions shall be identified, including
 7267  designation of one participating board as sole owner of the
 7268  facility. Operational funding arrangements shall be clearly
 7269  defined.
 7270         (2) An educational plant survey must be conducted within 90
 7271  days after submission of the joint resolution and substantiating
 7272  data describing the benefits to be obtained, the programs to be
 7273  offered, and the estimated cost of the proposed project. Upon
 7274  completion of the educational plant survey, the participating
 7275  boards may include the recommended projects in their plan as
 7276  provided in s. 1013.31. Upon approval of the project by the
 7277  commissioner, the Chancellor of the Florida Community College
 7278  System, or the Chancellor of the State University System, as
 7279  appropriate, 25 percent of the total cost of the project, or the
 7280  pro rata share based on space utilization of 25 percent of the
 7281  cost, must be included in the department’s legislative capital
 7282  outlay budget request as provided in s. 1013.60 for educational
 7283  plants. The participating boards must include in their joint
 7284  resolution a commitment to finance the remaining funds necessary
 7285  to complete the planning, construction, and equipping of the
 7286  facility. Funds from the Public Education Capital Outlay and
 7287  Debt Service Trust Fund may not be expended on any project
 7288  unless specifically authorized by the Legislature.
 7289         (3) Included in all proposals for joint-use facilities must
 7290  be documentation that the proposed new campus or new joint-use
 7291  facility has been reviewed by the State Board of Education, the
 7292  State Board of Community Colleges, or the Board of Governors, as
 7293  appropriate, and has been formally requested for authorization
 7294  by the Legislature.
 7295         (4) A No district school board, Florida Community College
 7296  System institution, or state university may not shall receive
 7297  funding for more than one approved joint-use facility per campus
 7298  in any 3-year period.
 7299         Section 119. Subsection (1) of section 1013.65, Florida
 7300  Statutes, is amended to read:
 7301         1013.65 Educational and ancillary plant construction funds;
 7302  Public Education Capital Outlay and Debt Service Trust Fund;
 7303  allocation of funds.—
 7304         (1) The commissioner, through the department, shall
 7305  administer the Public Education Capital Outlay and Debt Service
 7306  Trust Fund. The commissioner shall allocate or reallocate funds
 7307  as authorized by the Legislature. Copies of each allocation or
 7308  reallocation shall be provided to members of the State Board of
 7309  Education, the State Board of Community Colleges, and the Board
 7310  of Governors and to the chairs of the House of Representatives
 7311  and Senate appropriations committees. The commissioner shall
 7312  provide for timely encumbrances of funds for duly authorized
 7313  projects. Encumbrances may include proceeds to be received under
 7314  a resolution approved by the State Board of Education
 7315  authorizing the issuance of public education capital outlay
 7316  bonds pursuant to s. 9(a)(2), Art. XII of the State
 7317  Constitution, s. 215.61, and other applicable law. The
 7318  commissioner shall provide for the timely disbursement of moneys
 7319  necessary to meet the encumbrance authorizations of the boards.
 7320  Records shall be maintained by the department to identify
 7321  legislative appropriations, allocations, encumbrance
 7322  authorizations, disbursements, transfers, investments, sinking
 7323  funds, and revenue receipts by source. The Department of
 7324  Education shall pay the administrative costs of the Public
 7325  Education Capital Outlay and Debt Service Trust Fund from the
 7326  funds which comprise the trust fund.
 7327         Section 120. The State Board of Community Colleges, in
 7328  collaboration with the Board of Governors, shall evaluate and
 7329  report on the status of Florida’s “2+2” system of articulation
 7330  using the accountability measures required pursuant to s.
 7331  1008.38, Florida Statutes, and any other applicable state law.
 7332  By December 31, 2017, the state board and the Board of Governors
 7333  shall submit their report to the Governor, the President of the
 7334  Senate, and the Speaker of the House of Representatives. The
 7335  report must include findings regarding the effectiveness of
 7336  Florida’s “2+2” system of articulation and recommendations for
 7337  improvement.
 7338         Section 121. The Division of Law Revision and Information
 7339  is directed to prepare a reviser’s bill for the 2018 Regular
 7340  Session to substitute the term “Florida Community College
 7341  System” for “Florida College System” and the term “Florida
 7342  Community College System institution” for “Florida College
 7343  System institution where those terms appear in the Florida
 7344  Statutes.
 7345         Section 122. Except as otherwise expressly provided in this
 7346  act, this act shall take effect October 1, 2017.