SENATE AMENDMENT
    Bill No. SB 1162, 1st Eng.
    Amendment No. ___   Barcode 020712
                            CHAMBER ACTION
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11  Senator Pruitt moved the following amendment to amendment
12  (464641):
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14         Senate Amendment (with title amendment) 
15         On page 1, line 18, through
16            page 77, line 9, delete those lines
17  
18  and insert:  
19         Section 1.  Section 229.001, Florida Statutes, is
20  amended to read:
21         229.001  Short title.--This act may be cited as the
22  "Florida Education Governance Reorganization Implementation
23  Act of 2000."
24         Section 2.  Section 229.002, Florida Statutes, is
25  amended to read:
26         229.002  Declaration of policy and guiding
27  principles.--
28         (1)  It is the policy of the Legislature:
29         (a)  To achieve within existing resources true systemic
30  change in education governance by establishing a seamless
31  academic educational system that fosters an integrated
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SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 continuum of kindergarten through graduate school education 2 for Florida's citizens. 3 (b) To promote enhanced academic success and funding 4 efficiency by centralizing the governance of educational 5 delivery systems and aligning responsibility with 6 accountability. 7 (c) To provide consistent education policy vertically 8 and horizontally across all educational delivery systems, 9 focusing on students the needs of those receiving education, 10 not those providing education. 11 (d) To provide substantially improved vertical and 12 horizontal articulation across all educational delivery 13 systems while ensuring that nonpublic education institutions 14 and home education programs maintain their independence, 15 autonomy, and nongovernmental status. 16 (e) To provide for devolution of authority to the 17 schools, community colleges, universities, and other education 18 institutions that are the actual deliverers of educational 19 services in order to provide student-centered education 20 services within the clear parameters of the overarching 21 education policy established by the Legislature. 22 (f) To ensure that independent education institutions 23 and home education programs maintain their independence, 24 autonomy, and nongovernmental status. 25 (2) The guiding principles for Florida's new education 26 governance are: 27 (a) A coordinated, seamless system for kindergarten 28 through graduate school education. 29 (b) A system that is student-centered in every facet. 30 (c) A system that maximizes education access and 31 provides the opportunity for a high-quality education academic 2 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 success for all Floridians. 2 (d) A system that safeguards equity and supports 3 academic excellence. 4 (e) A system that provides for local operational 5 flexibility while promoting accountability for student 6 achievement and improvement refuses to compromise academic 7 excellence. 8 Section 3. Section 229.003, Florida Statutes, is 9 amended to read: 10 229.003 Florida education governance reorganization.-- 11 (1) Effective January 7, 2003, The Florida Board of 12 Education, created pursuant to s. 229.004, shall be 13 responsible for overseeing kindergarten through graduate 14 school education, in accordance with the implementation 15 process in s. 229.0072 and the policies and guiding principles 16 in s. 229.002 and the mission and goals of s. 229.007. 17 (2) Effective January 7, 2003, the Florida Board of 18 Education shall appoint the Commissioner of Education. 19 (2)(3) Effective January 7, 2003, There are is 20 established the following education governance officers in 21 addition to the Commissioner of Education: 22 (a) A Chancellor of Public Schools K-12 Education 23 appointed by the Commissioner of Education. 24 (b) A Chancellor of Colleges and State Universities, 25 appointed by the Commissioner of Education. 26 (c) A Chancellor of Community Colleges and Career 27 Preparation, appointed by the Commissioner of Education. 28 (d) An Executive Director of Independent Nonpublic and 29 Nontraditional Education, appointed by the Commissioner of 30 Education. 31 3 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Each chancellor and the executive director shall be appointed 2 subject to confirmation by the Florida Board of Education and 3 shall serve at the pleasure and under the authority of the 4 Secretary of the Florida Board of Education Commissioner of 5 Education. 6 (3)(4) Effective July 1, 2000, The Governor shall 7 appoint a seven-member board of trustees for the Florida 8 Virtual On-Line High School, which shall be a body corporate 9 with all the powers of a body corporate. 10 (4)(5) Effective January 7, 2003, The Governor shall 11 appoint for each university in the State University System, a 12 12-member nine-member board of trustees, which shall be a body 13 corporate with all the powers of a body corporate. In addition 14 to the 12 members, a student body president shall serve as a 15 voting member of the board of trustees. There shall be no 16 state residency requirement for university board members, but 17 the Governor shall consider diversity and regional 18 representation. Each appointee is subject to confirmation by 19 the Senate in the regular legislative session immediately 20 following his or her appointment All members of the board of 21 trustees of Florida Atlantic University must reside within the 22 service area of the university; three must be residents of 23 Broward County, three must be residents of Palm Beach County, 24 and three may be residents of any county within the service 25 area. 26 (5) Effective July 1, 2001: 27 (a) The Board of Regents is abolished. 28 (b) All of the powers, duties, functions, records, 29 personnel, and property; unexpended balances of 30 appropriations, allocations, and other funds; administrative 31 authority; administrative rules; pending issues; and existing 4 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 contracts of the Board of Regents are transferred by a type 2 two transfer, pursuant to s. 20.06(2), to the Florida Board of 3 Education. 4 (c) The State Board of Community Colleges is 5 abolished. 6 (d) All of the powers, duties, functions, records, 7 personnel, and property; unexpended balances of 8 appropriations, allocations, and other funds; administrative 9 authority; administrative rules; pending issues; and existing 10 contracts of the State Board of Community Colleges are 11 transferred by a type two transfer, pursuant to s. 20.06(2), 12 from the Department of Education to the Florida Board of 13 Education. 14 (e) The Postsecondary Education Planning Commission is 15 abolished. 16 (f) The Council for Education Policy Research and 17 Improvement is created as an independent office under the 18 Office of Legislative Services. 19 (g) All personnel, unexpended balances of 20 appropriations, and allocations of the Postsecondary Education 21 Planning Commission are transferred to the Council for 22 Education Policy Research and Improvement. 23 (h) The Articulation Coordinating Committee and the 24 Education Standards Commission are transferred by a type two 25 transfer, pursuant to s. 20.06(2), from the Department of 26 Education to the Florida Board of Education. 27 (i) Notwithstanding the provisions of s. 20.15, the 28 Commissioner of Education and the Secretary of the Florida 29 Board of Education shall work together to commence the 30 reorganization of the Department of Education in accordance 31 with s. 229.0073, which shall include an Office of the 5 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Commissioner of Education comprised of the general areas of 2 operation that are common to all delivery sectors and, in 3 addition, shall include: 4 1. The creation of an Office of Technology and 5 Information Services, an Office of Workforce and Economic 6 Development, an Office of Educational Facilities and SMART 7 Schools Clearinghouse, and an Office of Student Financial 8 Assistance. 9 2. The creation of a Division of Colleges and 10 Universities. 11 3. The creation of a Division of Community Colleges. 12 4. The creation of a Division of Public Schools. 13 5. The creation of a Division of Independent 14 Education. 15 6. The merger of the powers, duties, and staffs of the 16 State Board of Independent Colleges and Universities and the 17 State Board of Nonpublic Career Education, except as relating 18 to any independent nonprofit college or university whose 19 students are eligible to receive the William L. Boyd, IV, 20 Florida resident access grants pursuant to s. 240.605, into a 21 single Commission for Independent Education administratively 22 housed within the Division of Independent Education. 23 (6) Effective January 7, 2003, the powers and duties 24 of the following entities are relocated to the Florida Board 25 of Education, which shall retain all related funding and 26 budget authority for purposes of a single, seamless 27 kindergarten through graduate school education system and 28 single or coordinated budget and may retain or redistribute 29 the powers and duties of each entity in accordance with the 30 policies and guiding principles of s. 229.002, and the 31 entities shall cease to exist: 6 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (a) The Board of Regents. 2 (b) The State Board of Community Colleges. 3 (c) The State Board of Independent Colleges and 4 Universities. 5 (d) The State Board of Nonpublic Career Education. 6 (e) The Division of Workforce Development of the 7 Department of Education. 8 (f) The Postsecondary Education Planning Commission. 9 (g) The Articulation Coordination Committee. 10 (h) The Division of Human Resource Development of the 11 Department of Education. 12 (i) The Division of Support Services of the Department 13 of Education. 14 (j) The Division of Administration of the Department 15 of Education. 16 (k) The Division of Financial Services of the 17 Department of Education. 18 (l) The Division of Technology of the Department of 19 Education. 20 (m) The Office of Student Financial Assistance of the 21 Department of Education. 22 (n) The Division of Universities of the Department of 23 Education. 24 (o) The Division of Community Colleges of the 25 Department of Education. 26 Section 4. Section 229.0031, Florida Statutes, is 27 created to read: 28 229.0031 Council for Education Policy Research and 29 Improvement.--Effective July 1, 2001, the Council for 30 Education Policy Research and Improvement is created as an 31 independent office under the Office of Legislative Services, 7 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 pursuant to s. 11.147. The council shall conduct and review 2 education research, provide independent analysis on education 3 progress, and provide independent evaluation of education 4 issues of statewide concern. The Office of Legislative 5 Services shall provide administrative functions of the 6 council, pursuant to joint policies of the Legislature. 7 (1) The council shall serve as a citizen board for 8 independent policy research and analysis. The council shall be 9 composed of five members appointed by the Governor, two 10 members appointed by the Speaker of the House of 11 Representatives, and two members appointed by the President of 12 the Senate. Each member shall be appointed for a term of 6 13 years. However, for purposes of continuity, the Governor shall 14 appoint two members, the Speaker of the House of 15 Representatives shall appoint one member, and the President of 16 the Senate shall appoint one member for a first term of 4 17 years. Members appointed for 4 years may be reappointed to one 18 additional term. Members shall not include elected officials 19 or employees of public or independent education entities. 20 Members who miss two consecutive meetings may be replaced by 21 the appointing officer. 22 (2) The council shall meet as often as it considers 23 necessary to carry out its duties and responsibilities. 24 Members shall be paid travel and per diem expenses as provided 25 in s. 112.061 while performing their duties under this 26 section. 27 (3) The council shall appoint an executive director, 28 who shall serve at the pleasure of the council and shall 29 perform the duties assigned to him or her by the council. The 30 executive director is the chief administrative officer of the 31 council and shall appoint all employees and staff members of 8 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 the council, who shall serve under the executive director's 2 direction and control. 3 (4) The council shall: 4 (a) Provide state policymakers, educators, and the 5 public with objective and timely information that supports the 6 seamless K-20 education system and the K-20 education 7 accountability process designed to provide all students an 8 opportunity for a high-quality education, in accordance with 9 the policies and guiding principles of s. 229.002 and the 10 performance accountability system in s. 229.007. 11 (b) Explore national and state emerging educational 12 issues and examine how these issues should be addressed by 13 education institutions in Florida. 14 (c) Prepare and submit to the Florida Board of 15 Education a long-range master plan for education. The plan 16 must include consideration of the promotion of quality, 17 fundamental educational goals, programmatic access, needs for 18 remedial education, regional and state economic development, 19 international education programs, demographic patterns, 20 student demand for programs, needs of particular subgroups of 21 the population, implementation of innovative educational 22 techniques and technology, and requirements of the labor 23 market. The plan must evaluate the capacity of existing 24 programs in public and independent institutions to respond to 25 identified needs, and the council shall recommend efficient 26 alternatives to address unmet needs. The council shall update 27 the master plan at least every 5 years. 28 (d) Prepare and submit for approval by the Florida 29 Board of Education a long-range performance plan for K-20 30 education in Florida, and annually review and recommend 31 improvement in the implementation of the plan. 9 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (e) Annually report on the progress of public schools 2 and postsecondary education institutions toward meeting 3 educational goals and standards as defined by s. 229.007. 4 (f) Recommend to the Legislature and the Florida Board 5 of Education legislation and rules for the educational 6 accountability system that support the policies and guiding 7 principles of s. 229.002. 8 (g) Recommend to the Florida Board of Education 9 revisions and new initiatives to further improve the K-20 10 education accountability system. 11 (h) Provide public education institutions and the 12 public with information on the K-20 education accountability 13 system, recommend refinements and improvements, and evaluate 14 issues pertaining to student learning gains. 15 (i) On its own initiative or in response to the 16 Governor, the Legislature, the Florida Board of Education, or 17 the Commissioner of Education, issue reports and 18 recommendations on matters relating to any education sector. 19 (j) By January 1, 2003, and on a 3-year cycle 20 thereafter, review and make recommendations to the Legislature 21 regarding the activities of research centers and institutes 22 supported with state funds to assess the return on the state's 23 investment in research conducted by public postsecondary 24 education institutions, in coordination with the Leadership 25 Board for Applied Research and Public Service, created 26 pursuant to s. 240.706. 27 (k) Apply for and receive grants for the study of K-20 28 education system improvement consistent with its 29 responsibilities. 30 (l) Assist the Florida Board of Education in the 31 conduct of its educational responsibilities in such capacities 10 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 as the board considers appropriate. 2 Section 5. Section 229.004, Florida Statutes, is 3 amended to read: 4 229.004 Florida Board of Education.-- 5 (1)(a) In accordance with the implementation process 6 in s. 229.0072 Effective January 7, 2003, the Florida Board of 7 Education is established as a body corporate. The board shall 8 be a part-time citizen board consisting of seven members who 9 are residents of the state appointed by the Governor to 10 staggered 4-year terms, subject to confirmation by the Senate, 11 provided, however, that Senate confirmation is not required 12 for the members of the Florida Board of Education to perform 13 the duties as prescribed in this education governance 14 reorganization implementation act. Members of the board shall 15 serve without compensation, but shall be entitled to 16 reimbursement of travel and per diem expenses in accordance 17 with s. 112.061. Members may be reappointed by the Governor 18 for additional terms not to exceed 8 years of consecutive 19 service. 20 (b) The Governor shall appoint the first chair of the 21 Florida Board of Education who shall serve for 2 years. After 22 expiration of the 2-year term and at the first regular meeting 23 of the board after July 1, the Florida Board of Education 24 shall select a chair and a vice chair from its appointed 25 members. The chair shall serve a 2-year term and may be 26 reselected for one additional consecutive term. The Florida 27 Board of Education shall have a chairperson who shall be 28 appointed by the Governor. 29 (2) The primary duties of the board shall be to 30 establish education goals and objectives consistent with the 31 policies and guiding principles of s. 229.002 and the mission 11 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 and goals of s. 229.007 and, together with the Commissioner of 2 Education, to oversee the implementation of and enforce 3 compliance with the education policies established by the 4 Legislature. The board, through its secretary, and the 5 commissioner, shall establish, operate, and maintain optimal 6 efficiency of an Office of the Commissioner of Education 7 pursuant to s. 229.0061(2)(c) in accordance with the 8 guidelines of ss. 229.0061 and 229.0073 Board of Education. 9 (3) In performing its duties, the board, together with 10 the Commissioner of Education, shall: 11 (a) Ensure accountability and responsiveness to 12 Florida's citizens, including the establishment of a Citizen 13 Information Center that utilizes quick response and 14 customer-friendly methodologies. 15 (b) Establish and aggressively enforce efficient and 16 effective performance management objectives. 17 (c) Maximize the effectiveness of local, state, and 18 federal education linkages and funds. 19 (d) Issue guidelines for the development of 20 legislative budget requests for operations and fixed capital 21 outlay for the coordinated K-20 system. 22 (e)(d) Recommend one budget or a coordinated budget 23 and long-range program plans based on consistent policies for 24 a seamless kindergarten through graduate school education. 25 (f)(e) Adopt cohesive rules, within statutory 26 authority, for education systemwide issues, including rules 27 governing systemwide access to educational opportunities, and 28 ensure that rules adopted for the various education delivery 29 systems are compatible. 30 (g)(f) Ensure articulation and coordination within and 31 across the entire education delivery system. 12 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (h)(g) Provide ongoing public information regarding 2 performance results for the entire kindergarten through 3 graduate school education system and each of its components. 4 (4) The board, through its secretary, with the 5 Commissioner of Education, shall be responsible for: 6 (a) The work of with the Chancellor of Public Schools 7 K-12 Education to establish, and maintain optimal efficiency 8 of, a Division an Office of Public Schools, within the 9 guidelines of ss. 229.0061 and 229.0073, and to achieve the 10 mission and goals of s. 229.007 K-12 Education. 11 (b) The work of with the Chancellor of Colleges and 12 State Universities to establish, and maintain optimal 13 efficiency of, a Division an Office of Colleges and State 14 Universities, within the guidelines of ss. 229.0061 and 15 229.0073, and to achieve the mission and goals of s. 229.007. 16 (c) The work of with the Chancellor of Community 17 Colleges and Career Preparation to establish, and maintain 18 optimal efficiency of, a Division an Office of Community 19 Colleges, within the guidelines of ss. 229.0061 and 229.0073, 20 and to achieve the mission and goals of s. 229.007 and Career 21 Preparation. 22 (d) The work of with the Executive Director of 23 Independent Nonpublic and Nontraditional Education to 24 establish, and maintain optimal efficiency of, a Division an 25 Office of Independent Nonpublic and Nontraditional Education, 26 within the guidelines of ss. 229.0061 and 229.0073 Services. 27 Section 6. Section 229.005, Florida Statutes, is 28 amended to read: 29 229.005 Florida education governance officers.-- 30 (1) COMMISSIONER OF EDUCATION.--The Commissioner of 31 Education shall work with the Florida Board of Education and 13 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 its secretary to oversee the other education governance 2 officers and focus be appointed by the Board of Education from 3 candidates of national caliber and respected and proven 4 organizational leadership with established experience in 5 administering broad-based policy. The commissioner shall be a 6 person who is eminently capable of focusing the entire 7 kindergarten through graduate school education system on 8 accomplishing to accomplish the policies and guiding 9 principles of s. 229.002 and achieving the mission and goals 10 of s. 229.007. The commissioner shall serve as chief executive 11 officer and, in cooperation with the Secretary of the Florida 12 Board of Education, shall have the ability to successfully 13 provide education policy and planning direction, program 14 development, performance management, and funding allocation 15 recommendations across the spectrum of kindergarten through 16 graduate school education., and the ability to achieve and 17 safeguard the will of the people of Florida as expressed in s. 18 1, Art. IX of the Florida Constitution, that "adequate 19 provision shall be made by law for a uniform, efficient, safe, 20 secure, and high quality system of free public schools that 21 allows students to obtain a high quality education and for the 22 establishment, maintenance, and operation of institutions of 23 higher learning and other public education programs that the 24 needs of the people may require." 25 (2) CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The 26 Chancellor of Public Schools K-12 Education shall be appointed 27 by the Florida Board of Education Commissioner of Education 28 based on his or her ability to work as a division vice 29 president of the seamless K-20 education system with the 30 Florida Board of Education and the other education governance 31 officers to comply with the policies and guiding principles of 14 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 s. 229.002, to achieve the mission and goals of s. 229.007, to 2 enhance the quality of public K-12 education in Florida, and 3 to maximize the equity of public K-12 education in Florida by 4 moving the focus to the school site and the individual 5 student., and to achieve and safeguard the will of the people 6 of Florida as expressed in s. 1, Art. IX of the Florida 7 Constitution, that "adequate provision shall be made by law 8 for a uniform, efficient, safe, secure, and high quality 9 system of free public schools that allows students to obtain a 10 high quality education. . . ." 11 (3) CHANCELLOR OF COLLEGES AND STATE 12 UNIVERSITIES.--The Chancellor of Colleges and State 13 Universities shall be appointed by the Florida Board of 14 Education Commissioner of Education based on his or her 15 ability to work as a division vice president of the seamless 16 K-20 education system with the Florida Board of Education and 17 the other education governance officers to comply with the 18 policies and guiding principles of s. 229.002, to achieve the 19 mission and goals of s. 229.007, to enhance the national 20 reputation and quality of education and educational research 21 in Florida's colleges and state universities, and to work 22 directly with each of the college and state university 23 presidents and boards of trustees in focusing on the education 24 and educational research needs of the individual college or 25 university and its students. 26 (4) CHANCELLOR OF COMMUNITY COLLEGES AND CAREER 27 PREPARATION.--The Chancellor of Community Colleges and Career 28 Preparation shall be appointed by the Florida Board of 29 Education Commissioner of Education based on his or her 30 ability to work as a division vice president of the seamless 31 K-20 education system with the Florida Board of Education and 15 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 the other education governance officers to comply with the 2 policies and guiding principles of s. 229.002, to achieve the 3 mission and goals of s. 229.007, to enhance the quality of 4 education in Florida's community colleges, and to work 5 directly with each of the community college presidents and 6 boards of trustees in focusing on the education needs of the 7 communities and students they serve. 8 (5) EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND 9 NONTRADITIONAL EDUCATION.--The Executive Director of 10 Independent Nonpublic and Nontraditional Education shall be 11 appointed by the Florida Board of Education Commissioner of 12 Education based on his or her ability to work as a division 13 vice president of the seamless K-20 education system with the 14 Florida Board of Education and the other education governance 15 officers to comply with the policies and guiding principles of 16 s. 229.002, to protect the independence, autonomy, and 17 nongovernmental status of independent education in Florida, to 18 enhance the quality and expand the offerings and innovations 19 of independent nonpublic and nontraditional education in 20 Florida, to establish partnerships with independent nonpublic 21 education providers at all levels to achieve these goals, and 22 to work directly with the Board of Trustees of the Florida 23 Virtual On-Line High School and with Florida's private school 24 associations, home education associations, independent 25 nonpublic career education institutions, and independent 26 colleges and universities to maximize educational choice and 27 enhance the options, educational alternatives, and 28 student-focused delivery for their students. 29 Section 7. Subsections (1), (4), (5), (6), and (7) of 30 section 229.006, Florida Statutes, are amended to read: 31 229.006 Education Governance Reorganization Transition 16 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Task Force.-- 2 (1) In order to accomplish a smooth transition on 3 January 7, 2003, from the elected State Board of Education to 4 the appointed Florida Board of Education, there shall be 5 established the Education Governance Reorganization Transition 6 Task Force. All members of the task force shall be appointed 7 as soon as feasible but not later than October 1, 2000. The 8 task force shall be comprised of: 9 (a) Five members appointed by the Governor; 10 (b) Three members appointed by the President of the 11 Senate; and 12 (c) Three members appointed by the Speaker of the 13 House of Representatives. 14 15 The transition task force shall be charged with the duty to 16 identify issues, conduct research, develop the necessary 17 procedural and substantive framework, and make recommendations 18 to the Legislature for an orderly 3-year phase-in for a 19 seamless education continuum and a single or coordinated 20 kindergarten through graduate school budget in accordance with 21 the policies and guiding principles of s. 229.002, so that the 22 Florida Board of Education may immediately begin its work on 23 January 7, 2003, with maximum effectiveness. 24 (4) Having completed its recommendations to the 25 Legislature by March 1, 2001, the transition task force shall 26 redirect its focus to provide guidance and monitoring of the 27 implementation process pursuant to s. 229.0072 and to 28 regularly report to the Governor, the Legislature, the 29 Secretary of the Florida Board of Education, and the public on 30 the progress of the reorganization implementation process. If 31 any implementation activity is determined by a majority vote 17 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 of the task force to be inconsistent with the intent of this 2 act, the chair of the task force shall report such activity 3 directly to the State Board of Education, and the State Board 4 of Education shall act immediately to resolve the dispute. 5 recommend to the Legislature: 6 (a) How best to achieve education system integration 7 by: 8 1. Combining appropriate education functions and 9 policies into or under the new Florida Board of Education. 10 2. Devolving the education delivery services and 11 operational decisions to the appropriate location of delivery 12 to students, specifically the schools, community colleges, 13 colleges, universities, area technical centers, and other 14 education institutions or places where the students receive 15 their education. 16 3. Providing for a single or coordinated kindergarten 17 through graduate school education budget. 18 (b) How best to achieve economies in education 19 services, including recommendations concerning consolidation 20 of information systems and integrated performance and 21 financial accounting systems, while maximizing effectiveness 22 within existing resources and staff. 23 (c)1. Which, if any, current education staff functions 24 and resources should be eliminated, transferred, or realigned 25 within the proposed new education organizational structure. 26 2. A recommended salary structure for the Commissioner 27 of Education and for the chancellors. 28 (d) Whether an Office of Policy Research should be 29 established to explore emerging issues, locate successful and 30 innovative educational programs, and make recommendations to 31 the Governor, the Florida Board of Education, and the 18 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Legislature and, if so, its mission, staffing, and location. 2 (e) The optimal mission of the Florida On-Line High 3 School and a methodology for the operation and funding of the 4 school to achieve that mission. 5 (f) The optimal location and structure of the Florida 6 Partnership for School Readiness. 7 (5) By March 1, 2002, the transition task force shall 8 recommend to the Legislature: 9 (a) Standards, definitions, and guidelines for 10 universities, colleges, community colleges, schools, and other 11 education institutions to ensure the quality of education, 12 systemwide coordination, and efficient progress toward 13 attainment of their appropriate missions. 14 (b) Rules and procedures as necessary to be followed 15 by university boards of trustees, community college boards of 16 trustees, and other boards of trustees, as determined 17 appropriate, for recruitment and selection of presidents, 18 procedures for annual evaluations of presidents, and 19 procedures for interaction between presidents, the boards of 20 trustees, and the new Florida Board of Education. 21 (c) A systemwide strategic plan for postsecondary 22 institutions that considers the role, in their respective 23 communities, of each of the institutions. 24 (d) Methodologies for degree program approval, 25 establishment of matriculation and tuition fees, and 26 coordination of colleges' and universities' budget requests. 27 (e) Any additional statutory changes needed during the 28 2002 legislative session to complete the education governance 29 reorganization transition. 30 (6) By March 1, 2003, the transition task force shall 31 recommend to the Legislature: 19 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (a) Statutory changes necessary to accomplish the 2 policies and guiding principles of s. 229.002, including, but 3 not limited to, statutory changes necessitated by the repeal 4 and review provisions of subsection 3(8) of this act. 5 (b) Rulemaking authority for the new Florida Board of 6 Education and a plan and timetable for transition or 7 coordination of existing education sector agency rules and 8 rulemaking authority recommendations, if any, for education 9 agencies. 10 (c) Waiver authority, if any, for the Commissioner of 11 Education or the Florida Board of Education. 12 (5)(7) By March May 1, 2003, the transition task force 13 shall have completed its duties and shall make its final 14 report to the Governor, the Florida Board of Education, the 15 Commissioner of Education, the President of the Senate, the 16 Speaker of the House of Representatives, and the minority 17 leaders of each chamber. The final report shall include, but 18 is not limited to: 19 (a) A summary of the work and recommendations of the 20 task force and the status of full implementation of the K-20 21 education system. 22 (b) The status of all pending and completed actions on 23 orders and rules, all enforcement matters, and all 24 delegations, interagency agreements, and contracts with 25 federal, state, regional, and local governments and private 26 entities. 27 (c) Identification of any remaining or potential 28 duplication in the administration of state education laws and 29 rules, with specific recommendations to eliminate such 30 duplication and promote more efficient administration. 31 Section 8. Section 229.0061, Florida Statutes, is 20 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 created to read: 2 229.0061 Florida's K-20 education system; guidelines 3 for implementation; guidelines for structure, functions, and 4 organization.-- 5 (1) GUIDELINES FOR IMPLEMENTATION.-- 6 (a) Florida's seamless K-20 education system shall be 7 a decentralized system in which as many commissions, boards, 8 councils, and other excess layers of bureaucracy as possible 9 are eliminated. 10 (b) Florida's K-20 education system shall rely on a 11 single entity, the Florida Board of Education, as its single 12 strategic voice. If the board desires assistance on matters of 13 policy research or other issues, the board shall be authorized 14 to appoint on an ad hoc basis a committee or committees to 15 assist it on any and all issues within the K-20 education 16 system. 17 (c) Members of the Florida Board of Education shall 18 focus on high-level policy decisions. 19 (d) It is essential to the success of Florida's 20 seamless K-20 education system to have a fully operational 21 systemwide technology plan based on a common set of data 22 definitions. 23 (2) GUIDELINES FOR STRUCTURE, FUNCTIONS, AND 24 ORGANIZATION.-- 25 (a) Roles of the Legislature, the Florida Board of 26 Education, the education governance officers, and the 27 institutional boards of trustees and school boards.--The 28 Legislature shall establish education policy, enact education 29 laws, and appropriate and allocate education resources. The 30 Florida Board of Education shall enforce all laws, rules, and 31 guidelines and shall timely provide direction, resources, 21 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 assistance, intervention when needed, and strong incentives 2 and disincentives to force accountability for results. In 3 terms of major areas of responsibility, the Legislature, the 4 Florida Board of Education, the education governance officers, 5 and the institutional boards of trustees and school boards 6 shall each perform essential constituent roles. 7 (b) Florida Board of Education.--The Florida Board of 8 Education shall serve as the body corporate for Florida's 9 seamless K-20 education system; implement the coordinated 10 education vision; and, together with the Secretary of the 11 Florida Board of Education, the commissioner, the chancellors, 12 and the executive director, oversee the success of that 13 vision. The Florida Board of Education shall: 14 1. Enforce systemwide education policies and goals. 15 2. Recommend annually the coordinated education budget 16 and authorize the allocation of resources in accordance with 17 law and rule. Any program recommended by the Florida Board of 18 Education which requires state funding for more than 1 year 19 must be presented in a multiyear budget plan. 20 3. Adopt long-term and short-term education plans, 21 including a coordinated 5-year plan for postsecondary 22 enrollment which the board shall submit annually to the 23 Legislature and shall review periodically for adjustment. 24 4. Adopt university plans designed to achieve 25 continued student diversity in undergraduate, graduate, and 26 professional programs. 27 5. Enforce education accountability standards and 28 measures of all components of the K-20 education system. 29 6. Accurately and continuously assess data and monitor 30 and report performance. 31 7. Provide high-quality assistance and intervention 22 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 when and where needed. 2 8. Provide timely and accurate information on all 3 public and independent education services. 4 9. Recommend to the Legislature the missions of the 5 public colleges and universities and community colleges. 6 (c) Commissioner of Education.--The Commissioner of 7 Education shall serve as chief executive officer of the 8 seamless K-20 education system. The commissioner shall propose 9 action on all issues that the Florida Board of Education 10 brings before the State Board of Education and shall be 11 responsible for enforcing compliance with the mission and 12 goals of the seamless K-20 education system by all education 13 delivery sectors. The commissioner's office shall operate all 14 statewide functions necessary to support the Florida Board of 15 Education and the seamless K-20 education system, including 16 the following areas: 17 1. Legal. 18 2. Communications, including a Citizen Information 19 Center that provides quick response and uses customer-friendly 20 methods. 21 3. Strategic planning and budget development. 22 4. General administration. 23 5. Assessment and accountability. 24 6. Data management, education technology, and an 25 education data warehouse. 26 7. Access and opportunity. 27 8. Policy research and development, except the Council 28 for Education Policy Research and Improvement. 29 9. Florida Board of Education personnel. 30 10. Workforce and economic development. 31 11. Educational facilities. 23 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 12. Technology and information services. 2 13. Student financial assistance. 3 14. Inspector General. 4 (d) Chancellors and executive director.--The 5 Chancellor of Public Schools, the Chancellor of Community 6 Colleges, the Chancellor of Colleges and Universities, and the 7 Executive Director of Independent Education shall serve the 8 Florida Board of Education, the Secretary of the Florida Board 9 of Education, and the Commissioner of Education in the role of 10 division vice presidents of the K-20 education system and as 11 governance officers and critical members of the state-level 12 education leadership team. They shall each be held responsible 13 for providing leadership, administering programs, resolving 14 disputes, providing technical assistance, and timely 15 recommending action plans to the commissioner for sanctions or 16 intervention when needed, as well as making recommendations to 17 the board, the secretary, and the commissioner for strategic 18 planning and budget development for their respective education 19 delivery sectors. They shall support the governing policies 20 and responsibilities of the board, the secretary, and the 21 commissioner and bear primary responsibility for the 22 achievement of the mission and goals of the K-20 education 23 system by their education delivery sectors, as applicable to 24 their sectors. They shall reinforce the policies and 25 principles of the seamless K-20 education system in every 26 venue and at every opportunity, and work together to 27 facilitate horizontal communications and interactions between 28 the education delivery sectors. Specifically, as applicable, 29 each education governance officer shall: 30 1. Serve as the head of the division. 31 2. Supervise all employees and work of the division. 24 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 3. Properly and timely inform education institutions 2 and the public as to legislative action, including funding, 3 grant opportunities, and substantive policy changes affecting 4 the division. 5 4. Direct the review of expenditures of public funds 6 in accordance with legislative intent. 7 5. Evaluate the performance of each education 8 institution under the division and report performance results 9 to the public, the Legislature, the Commissioner of Education, 10 the Florida Board of Education, and the institution and its 11 governing board. 12 6. Direct institutional governing boards to take 13 corrective action to improve unsatisfactory performance 14 pursuant to law and rules of the Florida Board of Education. 15 7. Direct and oversee the development of the 16 division's accountability system and recommend changes to the 17 Commissioner of Education and the Florida Board of Education. 18 8. Direct the division's activities in order to 19 coordinate with other divisions to provide a seamless 20 education system. 21 9. Direct the provision of state services to 22 institutions under the division. 23 10. Direct the development of the division's 24 legislative budget request and work cooperatively with the 25 commissioner and other governance officers to develop a 26 coordinated budget request. 27 11. Serve as the primary point of contact and 28 communication for the division. 29 (e) Institutional boards of trustees and school 30 boards.--Each institutional board of trustees and school board 31 shall: 25 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 1. Provide strategic planning and budget development 2 for their institution or school district. 3 2. Implement and maintain high-quality education 4 programs within law and rules of the Florida Board of 5 Education. 6 3. Measure and enforce performance. 7 4. Provide timely and accurate reporting of 8 information. 9 5. Provide direct input on education issues to the 10 education governance officers. 11 6. Have broad latitude within law and rules of the 12 Florida Board of Education in developing local policies and 13 local programs to meet the needs of their students, their 14 communities, and area employers. 15 7. Hold presidents and appointed superintendents 16 responsible for institution and school performance. 17 8. Be responsible for the fiscal accountability of 18 their institution or school district. 19 9. Be responsible for compliance with all laws, rules 20 of the Florida Board of Education, and performance 21 accountability requirements. 22 (f) Presidents and superintendents.--Each 23 institutional president and school district superintendent 24 shall: 25 1. Be responsible for efficient and effective budget 26 and program administration. 27 2. Provide strong leadership to accomplish their 28 education missions and goals. 29 3. Closely monitor education performance. 30 4. Provide timely and accurate financial and 31 performance data. 26 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 5. Link instructional staff evaluations to student 2 performance. 3 (g) Ad hoc advisory committees.--Advisory bodies shall 4 be appointed on an ad hoc basis by the Florida Board of 5 Education to serve the board, commissioner, and chancellors 6 when and as needed by studying and recommending action on 7 major issues that affect the direction and quality of 8 education, providing public forums for debate, and 9 safeguarding a coordinated systemwide approach to education 10 policy decisions. 11 Section 9. Section 229.007, Florida Statutes, is 12 created to read: 13 229.007 Florida's K-20 education performance 14 accountability system; legislative intent; performance-based 15 funding; mission, goals, and systemwide measures.-- 16 (1) LEGISLATIVE INTENT.--It is the intent of the 17 Legislature that: 18 (a) The performance accountability system implemented 19 to assess the effectiveness of Florida's seamless K-20 20 education delivery system provide answers to the following 21 questions in relation to its mission and goals: 22 1. What is the public getting in return for funds it 23 invests in education? 24 2. How is Florida's K-20 education system performing 25 in terms of educating its students? 26 3. How are the major delivery sectors performing to 27 promote student achievement? 28 4. How are individual schools and postsecondary 29 education institutions performing their responsibility to 30 educate their students as measured by how students are 31 performing and how much they are learning? 27 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (b) The Florida Board of Education recommend to the 2 Legislature systemwide performance standards; the Legislature 3 establish systemwide performance measures and standards; and 4 the systemwide measures and standards provide Floridians with 5 information on what the public is getting in return for the 6 funds it invests in education and how well the K-20 system 7 educates its students. 8 (c) The Florida Board of Education establish 9 performance measures and set performance standards for 10 individual components of the public education system, 11 including individual schools and postsecondary education 12 institutions, which measures and standards are based primarily 13 on student achievement. 14 (2) PERFORMANCE-BASED FUNDING--The Florida Board of 15 Education shall work with the chancellors and each delivery 16 system to develop proposals for performance-based funding, 17 using performance measures established by the Legislature. The 18 proposals must provide that at least 10 percent of the state 19 funds appropriated for the K-20 education system are 20 conditional upon meeting or exceeding established performance 21 standards. The Florida Board of Education must submit the 22 recommendations to the Legislature in the following sequence: 23 (a) By December 1, 2002, recommendations for state 24 universities, for consideration by the 2003 Legislature and 25 implementation in the 2003-2004 fiscal year. 26 (b) By December 1, 2003, recommendations for public 27 schools and workforce education, for consideration by the 2004 28 Legislature and implementation in the 2004-2005 fiscal year. 29 (c) By December 1, 2004, recommendations for community 30 colleges, for consideration by the 2005 Legislature and 31 implementation in the 2005-2006 fiscal year. 28 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (d) By December 1, 2005, recommendations for all other 2 programs that receive state funds within the Department of 3 Education. 4 (3) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The 5 mission of Florida's K-20 education system, when it becomes 6 fully operational, shall be to increase the proficiency of all 7 students within one seamless, efficient system, by providing 8 them with the opportunity to expand their knowledge and skills 9 through learning opportunities and research valued by 10 students, parents, and communities, and to maintain an 11 accountability system that measures student progress toward 12 the following goals: 13 (a) Highest student achievement, as measured by: 14 student FCAT performance and annual learning gains; the number 15 and percentage of schools that improve at least one school 16 performance grade designation or maintain a school performance 17 grade designation of "A" pursuant to s. 229.57; graduation or 18 completion rates at all learning levels; and other measures 19 identified in law or rule. 20 (b) Seamless articulation and maximum access, as 21 measured by: the percentage of students who demonstrate 22 readiness for the educational level they are entering, from 23 kindergarten through postsecondary education and into the 24 workforce; the number and percentage of students needing 25 remediation; the percentage of Floridians who complete 26 associate, baccalaureate, professional, and postgraduate 27 degrees; the number and percentage of credits that articulate; 28 the extent to which each set of exit-point requirements 29 matches the next set of entrance-point requirements; and other 30 measures identified in law or rule. 31 (c) Skilled workforce and economic development, as 29 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 measured by: the number and percentage of graduates employed 2 in their areas of preparation; the percentage of Floridians 3 with high school diplomas and postsecondary education 4 credentials; the percentage of business and community members 5 who find that Florida's graduates possess the skills they 6 need; and other measures identified in law or rule. 7 (d) Quality efficient services, as measured by: cost 8 per completer or graduate; average cost per noncompleter at 9 each educational level; cost disparity across institutions 10 offering the same degrees; the percentage of education 11 customers at each educational level who are satisfied with the 12 education provided; and other measures identified in law or 13 rule. 14 Section 10. Section 229.0072, Florida Statutes, is 15 created to read: 16 229.0072 Reorganization implementation process.--In 17 order to best achieve the legislative purpose of the Florida 18 Education Governance Reorganization Implementation Act: 19 (1) The Governor shall appoint the members of the 20 boards of trustees of the state universities in accordance 21 with s. 229.008. 22 (2) Effective July 1, 2001, the Governor shall appoint 23 a seven-member Florida Board of Education and a Secretary of 24 the Florida Board of Education. The Florida Board of Education 25 shall be housed within, and operate under the direction of, 26 the State Board of Education. The Secretary of the Florida 27 Board of Education shall possess proven organizational 28 leadership and knowledge of broad-based education policy. The 29 secretary shall be confirmed by the Senate during the 2002 30 regular legislative session, but may perform all duties in the 31 interim. The secretary shall serve as secretary to the board 30 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 and as the board's primary liaison with all entities involved 2 in the reorganization of education. The secretary shall be 3 responsible directly to the Florida Board of Education and 4 shall serve as staff to the board on all action items relating 5 to the reorganization. During the reorganization 6 implementation period, the secretary shall: 7 (a) Be responsible for proposing actions regarding all 8 education governance reorganization implementation issues. 9 (b) Be responsible for integration of the Department 10 of Education as it is reorganized into an agency of the 11 Governor. 12 (c) Serve as the head of the Education Reorganization 13 Workgroup. 14 (d) Serve as the head of the K-20 education leadership 15 team. 16 (3) The Florida Board of Education shall establish a 17 detailed procedure for the implementation of a systemwide K-20 18 technology plan which includes a month-by-month timeline with 19 monthly progress reports to the board. 20 (4) Subject to review and approval of the State Board 21 of Education, the Florida Board of Education shall: 22 (a) Adopt rules pursuant to ss. 120.536(1) and 120.54 23 to implement provisions of law conferring duties upon it. The 24 rules shall be submitted to the State Board of Education. If 25 any rule is not disapproved by the State Board of Education 26 within 45 days after its receipt, the rule shall be filed 27 immediately with the Department of State. 28 (b) Prepare and submit a coordinated K-20 education 29 budget to the Governor and Legislature that clearly defines 30 the individual needs of the divisions within the Department of 31 Education. No school district shall use public funds to 31 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 support activities of an employee organization. The Florida 2 Board of Education shall adopt rules implementing this 3 restriction on the use of public funds and shall not allow 4 such use of public funds to be included in its recommended 5 budget, except for collective bargaining negotiations. 6 (c) Establish a work plan and timeline for the orderly 7 implementation of the transition, including a fully detailed 8 plan and timeline for the devolution of duties, as 9 appropriate, to the university boards of trustees. 10 (d) Establish accountability standards for existing 11 legislative performance goals, standards, and measures, and 12 order the development of mechanisms to implement new 13 legislative goals, standards, and measures. 14 (e) Supervise the coordination of institutions and 15 delivery sectors. 16 (f) Establish policies for university and community 17 college boards of trustees to follow in selecting presidents. 18 (g) Approve plans and reports, and take other 19 necessary actions pertaining to the supervision of education. 20 (h) Effectuate the timely implementation of the 21 seamless K-20 education system. 22 (i) Establish advisory boards on an ad hoc basis to 23 provide the support needed to address issues such as public 24 education facilities planning; student issues; instructional 25 issues; distance learning and technology; academic quality, 26 freedom, and responsibility; and research. 27 (j) Develop and review recommendations on issues of 28 statewide importance, such as technology systems and 29 facilities. 30 (k) Adopt criteria and implementation plans for future 31 growth issues, such as new colleges and universities and 32 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 campus mergers; and provide for cooperative agreements between 2 and within public and private education sectors. 3 (l) Advise the State Board of Education regarding the 4 issuance of bonds. 5 (m) Develop, and periodically review for adjustment, a 6 coordinated 5-year plan for postsecondary enrollment and 7 annually submit the plan to the Legislature. 8 (n) Develop and recommend to the Education Governance 9 Reorganization Transition Task Force, the Governor, the 10 Secretary of the Florida Board of Education, the Commissioner 11 of Education, and the Legislature, no later than January 1, 12 2002, for adoption during 2002, a clear, concise new School 13 Code, comprised of the revision of chapters 228-246, to 14 accomplish the implementation, administration, and operation 15 of Florida's seamless K-20 education system in accordance with 16 the guidelines included in s. 229.0061. 17 (o) Receive, review, and make decisions regarding 18 charter school appeals, which decisions shall be binding. 19 (p) Serve as the successor for all collective 20 bargaining agreements currently in effect with the Board of 21 Regents. 22 (5) Effective July 1, 2001, the Commissioner of 23 Education shall: 24 (a) Work with the Florida Board of Education and its 25 secretary to achieve full implementation of the seamless K-20 26 education system. 27 (b) Commence reorganization of the Department of 28 Education as a state agency of the Governor in accordance with 29 legislative guidelines pursuant to s. 229.0073, the 30 requirements of s. 229.003(5), and requests of the Florida 31 Board of Education as approved by the State Board of 33 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Education. 2 (c) As Secretary of the State Board of Education, 3 assist the Secretary of the Florida Board of Education in 4 determining the agenda for the Florida Board of Education and 5 provide the Florida Board of Education and the State Board of 6 Education the full support of the reorganized Department of 7 Education. 8 Section 11. Section 229.0073, Florida Statutes, is 9 created to read: 10 229.0073 Reorganization of the Department of 11 Education.--Effective July 1, 2001, notwithstanding the 12 provisions of s. 20.15, the secretary's Education 13 Reorganization Workgroup is established to direct and provide 14 oversight for the reorganization of Florida's K-20 Department 15 of Education. The workgroup shall be comprised of the 16 Secretary of the Florida Board of Education, the Commissioner 17 of Education, the Governor or his designee, the Chancellor of 18 Colleges and Universities, the Chancellor of Community 19 Colleges, the Chancellor of Public Schools, and the Executive 20 Director of Independent Education, who shall consult with the 21 legislative members of the Education Governance Reorganization 22 Transition Task Force. The reorganization shall: 23 (1) Eliminate duplication across divisions; achieve 24 greater efficiencies in financial and human resources and 25 education services; and identify functions, resources, and 26 services that should be eliminated, transferred, or realigned. 27 (2) Include a review and assessment of all bureaus, 28 offices, divisions, and functions of the department 29 reorganized pursuant to this section. 30 (3) Establish an Office of the Commissioner of 31 Education that includes the general areas of operation that 34 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 are common to all delivery sectors, such as administration, 2 communication, legal services, financial aid, and government 3 and public relations, in order to increase efficiency, improve 4 service delivery to students, and fully support the 5 operational needs of the Florida Board of Education. 6 (4) Establish the following divisions within the 7 department: 8 (a) Division of Public Schools (K-12).--The state's 9 public elementary, middle, junior high, and high schools, as 10 well as combination schools, charter schools, district magnet 11 programs, and area technical centers. 12 (b) Division of Community Colleges.--The state's 28 13 public community colleges. 14 (c) Division of Colleges and Universities.--The 15 state's public universities and colleges and the 4-year 16 independent colleges and universities whose students are 17 eligible to receive the William L. Boyd, IV, Florida resident 18 access grants pursuant to s. 240.605, to enable more effective 19 articulation between these public and private institutions. 20 The division chancellor shall administer those provisions of 21 chapter 246 that apply to the independent colleges and 22 universities within the division and shall establish a liaison 23 responsible for partnerships that enhance articulation between 24 and communication with Florida's 4-year independent colleges 25 and universities. 26 (d) Division of Independent Education.--The 27 independent education providers within the state, including 28 home education programs that meet the requirements of s. 29 232.0201, private K-12 institutions as described in s. 30 229.808, independent colleges and universities, except those 31 identified under paragraph (c), and private postsecondary 35 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 career preparation and vocational training institutions. 2 1. The division shall be under an executive director 3 and shall house a new commission, appointed by the Governor, 4 to oversee licensing of independent postsecondary 5 institutions, consumer protection, and program improvement. 6 The commission shall have the powers and duties of the State 7 Board of Independent Colleges and Universities specified in 8 chapter 246, except the powers and duties relating to those 9 institutions identified under paragraph (c), and of the State 10 Board of Nonpublic Career Education. 11 2. The division shall serve as the advocate for and 12 liaison to the independent education providers identified in 13 this paragraph. 14 3. The executive director of the division shall 15 establish a mechanism for regular interaction and input from 16 independent education providers in the development of policies 17 that provide seamless articulation for all students. 18 4. The division shall afford students and parents 19 educational options apart from the public K-20 system. 20 (5) Establish the following offices within the Office 21 of the Commissioner of Education which shall coordinate their 22 activities with all other divisions and offices: 23 (a) Office of Technology and Information Services.--In 24 conjunction with the Chancellor of Public Schools, the 25 Chancellor of Community Colleges, and the Chancellor of 26 Colleges and Universities, the office shall be responsible for 27 developing a systemwide technology plan, making budget 28 recommendations to the commissioner, providing data collection 29 and management for the system, and coordinating services with 30 other state, local, and private agencies. The office shall 31 develop a method to address the need for a statewide approach 36 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 to planning and operations of library and information services 2 to achieve a single K-20 education system library information 3 portal and a unified higher education library management 4 system. The Florida Virtual High School shall be 5 administratively housed within the office. 6 (b) Office of Workforce and Economic Development.--The 7 office shall evaluate the role of each sector of education in 8 Florida's workforce and economic development, assess the 9 specific work skills and variety of careers provided, and 10 report to the Florida Board of Education the effectiveness of 11 each sector. 12 (c) Office of Educational Facilities and SMART Schools 13 Clearinghouse.--The office shall validate all educational 14 plant surveys and verify Florida Inventory of School Houses 15 (FISH) data. The office shall provide technical assistance to 16 public school districts when requested. The office, staff, 17 property, and functions of the SMART Schools Clearinghouse are 18 transferred by a type two transfer, pursuant to s. 20.06(2), 19 from the Department of Management Services to the Office of 20 Educational Facilities and SMART Schools Clearinghouse within 21 the Office of the Commissioner of Education. 22 (d) Office of Student Financial Assistance.--The 23 office shall provide access to and administer state and 24 federal grants, scholarships, and loans to those students 25 seeking financial assistance for postsecondary study pursuant 26 to program criteria and eligibility requirements. 27 (6) Establish a K-20 education leadership team, 28 including, but not limited to, the Secretary of the Florida 29 Board of Education and the education governance officers. The 30 leadership team shall be responsible for systemwide horizontal 31 and vertical communication, and assisting the achievement of 37 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 the seamless K-20 education system. 2 Section 12. Section 229.0074, Florida Statutes, is 3 created to read: 4 229.0074 Division of Independent Education.-- 5 (1) The mission of the Division of Independent 6 Education is to enhance the opportunity to raise the 7 educational attainment levels of students pursuing their 8 education in nongovernment settings by representing their 9 interests, and those of the institutions that serve them, in 10 the Department of Education. The Division of Independent 11 Education has no authority over the institutions or students 12 in Florida's independent education sector. The Commission for 13 Independent Education, administratively housed within the 14 division, shall have such authority as specified in chapter 15 246 relating to independent postsecondary education, except 16 regarding those institutions described in s. 229.0073(4)(c). 17 The division shall serve as the advocate for, and liaison to, 18 independent education providers and institutions, including 19 home education programs that meet the requirements of s. 20 232.0201, private K-12 institutions as described in s. 21 229.808, independent colleges and universities except as 22 otherwise provided in s. 229.0073(4)(c), and private 23 postsecondary career preparation/vocational training 24 institutions. 25 (2) The executive director of the division shall 26 establish a mechanism for regular interaction and input from 27 independent education providers in the development of policies 28 that provide seamless articulation for all students. The 29 executive director shall: 30 (a) Learn the interests and concerns of the students 31 and providers of independent education at all levels in order 38 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 to strongly represent them in the Department of Education. 2 (b) Articulate the interests and concerns of the 3 students and providers of independent education at all levels 4 in all relevant government settings, accurately reflecting the 5 consensus or differences in opinion among those represented. 6 (c) Participate with the other division heads in key 7 education decisionmaking processes. 8 (d) Monitor and participate in rulemaking and other 9 activities relevant to the interests of the independent 10 education sector. 11 (e) Serve as a key spokesperson for the independent 12 education sector. 13 (f) Advocate for any necessary educational services 14 and funds for independent education sector families and 15 schools. 16 (g) Establish a clearinghouse of information. 17 (h) Foster a collaborative spirit and working 18 relationship among the institutions of the private and public 19 sectors. 20 (i) Identify and convey the best practices of the 21 independent education sector for the benefit of the other 22 education delivery sectors, and vice versa. 23 (j) Augment, where appropriate, the efforts of groups 24 representing the students and providers of independent 25 education to communicate their concerns to government. 26 (k) Facilitate the administration of education 27 services provided by the Department of Education to the 28 independent education sector, such as those relating to 29 teacher certification and background checks. 30 (l) Encourage student-centered funding and the 31 expansion of family choice in education. 39 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (m) Develop and propose courses of action to the 2 representatives of the independent education sector. 3 (n) Communicate relevant decisions to the independent 4 education sector. 5 (o) Establish and oversee the division staff necessary 6 to carry out the division's functions in the most economical 7 and effective manner. 8 (p) Evaluate pending policies to ensure they do not 9 place additional regulation or mandates on the independent 10 education community. 11 (3) The powers and duties of the State Board of 12 Independent Colleges and Universities and the State Board of 13 Nonpublic Career Education, except as relating to any 14 independent nonprofit college or university whose students are 15 eligible to receive the William L. Boyd, IV, Florida resident 16 access grants pursuant to s. 240.605, shall be combined and 17 transferred to a single board named the Commission for 18 Independent Education, which shall be administratively housed 19 within the division. This single board shall authorize 20 granting of certificates, diplomas, and degrees for 21 independent postsecondary education institutions through 22 exemption, registration, authorization, and licensing. 23 (4) The Commission for Independent Education shall 24 consist of six citizens who are residents of this state. The 25 commission shall function in matters relating to independent 26 postsecondary education institutions in consumer protection, 27 program improvement, registration, authorization, licensure, 28 and certificate of exemption from licensure for institutions 29 under its purview, in keeping with the stated goals of the 30 seamless K-20 education system. The commission shall appoint 31 an executive director to serve as secretary of the commission 40 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 and shall elect a chair and other officers as needed from 2 among its membership. Members of the commission shall be 3 appointed by the Governor and confirmed by the Senate. The 4 commission shall be composed of six members, as follows: 5 (a) One member from an independent college or 6 university that enrolls students who receive state or federal 7 financial aid. 8 (b) One member from an independent college or 9 university that does not enroll students who receive state or 10 federal financial aid excluding veteran's benefits. 11 (c) One member from an independent nondegree granting 12 school that enrolls students who receive state or federal 13 financial aid. 14 (d) One member from a public school district or 15 community college who is an administrator of 16 vocational-technical education. 17 (e) Two lay members who are not affiliated with an 18 independent postsecondary education institution. 19 (5) The establishment of the Division of Independent 20 Education shall not be construed to advance the extension or 21 expansion of government regulation of independent or home 22 education programs and nothing contained in this act shall 23 authorize the state or any school district to further 24 regulate, control, or interfere with the autonomy of 25 independent K-12 schools or home education programs, or their 26 governance, curriculum, accreditation, testing, or other 27 practices. 28 Section 13. Section 229.008, Florida Statutes, is 29 created to read: 30 229.008 Boards of trustees of the state 31 universities.-- 41 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (1)(a) Effective July 1, 2001, and no later than 2 November 1, 2001, the Governor shall appoint a 13-member board 3 of trustees for each university in the State University 4 System, each member to be confirmed by the Senate in the 5 regular legislative session immediately following his or her 6 appointment. In addition, a student body president shall serve 7 as a voting member of his or her university board of trustees. 8 There shall be no state residency requirement for university 9 board members, but the Governor shall consider diversity and 10 regional representation. Members of the boards of trustees 11 shall receive no compensation but may be reimbursed for travel 12 and per diem expenses as provided in s. 112.061. 13 (b) The Governor may remove a trustee upon the 14 recommendation of the Florida Board of Education, or for 15 cause. 16 (2) Each board of trustees shall be a public body 17 corporate by the name of "The (name of university) Board of 18 Trustees," with all the powers of a body corporate, including 19 a corporate seal, the power to contract and be contracted 20 with, to sue and be sued, to plead and be impleaded in all 21 courts of law or equity, and to give and receive donations. In 22 all suits against a board of trustees, service of process 23 shall be made on the chair of the board or, in the absence of 24 the chair, on the corporate secretary or designee. 25 (3) Boards of trustees' members shall be appointed for 26 staggered 4-year terms, and may be reappointed for additional 27 terms not to exceed 8 years of service. 28 (4) Each board of trustees shall select its chair and 29 vice chair from the appointed members at its first regular 30 meeting after July 1. The chair shall serve for 2 years and 31 may be reselected for one additional consecutive term. The 42 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 duties of the chair shall include presiding at all meetings of 2 the board, calling special meetings of the board, attesting to 3 actions of the board, and notifying the Governor in writing 4 whenever a board member fails to attend three consecutive 5 regular board meetings in any fiscal year, which failure may 6 be grounds for removal. The duty of the vice chair is to act 7 as chair during the absence or disability of the chair. 8 (5) The university president shall serve as executive 9 officer and corporate secretary of the board of trustees and 10 shall be responsible to the board for all operations of the 11 university and for setting the agenda for meetings of the 12 board in consultation with the chair. 13 (6) Upon appointment, each board of trustees shall 14 commence professional orientation, training, and board 15 development activities, and shall begin setting direction for 16 its university in keeping with accountability and performance 17 expectations of the seamless K-20 education system. Each board 18 of trustees shall submit to the Florida Board of Education 19 action plans and timelines for devolution of duties and 20 responsibilities to the board of trustees. 21 (7) The boards of trustees shall be responsible for 22 cost-effective policy decisions appropriate to the 23 university's mission, the implementation and maintenance of 24 high-quality education programs within law and rules of the 25 Florida Board of Education, the measurement of performance, 26 the reporting of information, and the provision of input 27 regarding state policy, budgeting, and education standards. 28 (8) Whenever any civil action has been brought against 29 any member of a university board of trustees or employee for 30 any act or omission arising out of and in the course of the 31 performance of his or her duties and responsibilities, the 43 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 university board of trustees may defray all costs of defending 2 such action, including reasonable attorney's fees and expenses 3 together with costs of appeal, and may save harmless and 4 protect such person from any financial loss resulting from the 5 lawful performance of his or her duties and responsibilities. 6 Claims based on such actions or omissions may, in the 7 discretion of the university board of trustees, be settled 8 prior to or after the filing of suit thereon. The board of 9 trustees may arrange for and pay the premium for appropriate 10 insurance to cover all such losses and expenses. 11 (9) University boards of trustees shall be 12 "corporations primarily acting as instrumentalities or 13 agencies of the state," pursuant to s. 768.28(2), for purposes 14 of sovereign immunity. 15 Section 14. Section 229.0081, Florida Statutes, is 16 created to read: 17 229.0081 Powers and duties of university boards of 18 trustees.-- 19 (1) Notwithstanding the provisions of chapter 240, 20 each university board of trustees is vested with the authority 21 to govern and set policy for its university, as necessary to 22 provide proper governance and improvement of the university in 23 accordance with law and with rules of the Florida Board of 24 Education. Each board of trustees shall perform all duties 25 assigned by law or by rule of the Florida Board of Education 26 or the Commissioner of Education. 27 (2) Notwithstanding the provisions of chapter 240, 28 each university board of trustees may adopt rules and policies 29 consistent with the university mission, with law, and with 30 rule of the Florida Board of Education, including rules and 31 policies for the following: 44 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (a) Selecting the president to serve at the pleasure 2 of the board and perform such duties as are assigned by the 3 board or otherwise provided by law or by rule. 4 (b) Fixing the compensation and other conditions of 5 employment of the president. 6 (c) Conducting periodic evaluations of the president, 7 submitting such evaluations to the Chancellor for review, and 8 suspending or removing the president in accordance with 9 guidelines established by the Chancellor. 10 (d) Appointing a presidential search committee to make 11 recommendations to the full board of trustees, from which the 12 board shall select a candidate for reference to the Chancellor 13 and ratification by the Florida Board of Education. 14 (e) In consultation with the university president, 15 defining and developing a strategic plan for the university 16 for recommendation to the Chancellor, the Commissioner of 17 Education, and the Florida Board of Education, as provided by 18 law, specifying institutional goals and objectives. 19 (f) In consultation with the university president, 20 providing for academic freedom and academic responsibility at 21 the university. 22 (g) In consultation with the university president, 23 submitting an institutional budget request, including a 24 request for fixed capital outlay, to the Chancellor in 25 accordance with guidelines established by the Florida Board of 26 Education. 27 (h) Approving new, and terminating existing, 28 undergraduate and graduate degree programs up to and including 29 the master's degree level, based on criteria established by 30 the Florida Board of Education. 31 (i) Purchasing, acquiring, receiving, holding, owning, 45 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 managing, leasing, selling, disposing of, and conveying title 2 to real property, in accordance with rules and guidelines of 3 the Florida Board of Education. 4 (j) Entering into agreements for and accepting credit 5 card, charge card, and debit card payments as compensation for 6 goods, services, tuition, and fees. 7 (k) Establishing codes of conduct and appropriate 8 penalties for violations of university rules by students and 9 student organizations, including rules governing student 10 academic honesty. 11 (l) Establishing a committee, at least one-half of the 12 members of which shall be students appointed by the student 13 body president, to periodically review and evaluate the 14 student judicial system. 15 (m) Administering the personnel program for all 16 employees of the university in accordance with law and with 17 rules and guidelines of the Florida Board of Education, 18 including: compensation and other conditions of employment, 19 recruitment and selection, nonreappointment, standards for 20 performance and conduct, evaluation, benefits and hours of 21 work, recognition, inventions and works, travel, learning 22 opportunities, academic freedom and responsibility, promotion, 23 assignment, demotion, transfer, tenure and permanent status, 24 ethical obligations and conflicts of interest, restrictive 25 covenants, disciplinary actions, complaints, appeals and 26 grievance procedures, and separation and termination from 27 employment. 28 (n) Establishing and maintaining a personnel exchange 29 program. 30 (o) Governing admission of students subject to the 31 rules of the Florida Board of Education. 46 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (p) Considering the past actions of any person 2 applying for admission, enrollment, or employment, and 3 establishing policies to deny admission, enrollment, or 4 employment to an applicant because of misconduct if determined 5 to be in the best interest of the university. 6 (q) Ensuring compliance with federal laws, 7 regulations, and requirements. 8 (r) Using, maintaining, protecting, and controlling 9 university-owned or university-controlled buildings and 10 grounds, property and equipment, name, trademarks and other 11 proprietary marks, and the financial and other resources of 12 the university. Such authority may include placing 13 restrictions on activities and on access to facilities, 14 firearms, food, tobacco, alcoholic beverages, distribution of 15 printed materials, human subjects, animals, and sound. 16 (s) Providing and coordinating policies relating to 17 credit and noncredit educational offerings by the university. 18 (t) Administering a procurement program for the 19 purchase, lease, or acquisition in any manner (including 20 purchase by installment or lease-purchase contract which may 21 provide for the payment of interest on the unpaid portion of 22 the purchase price and for the granting of a security interest 23 in the items purchased) of goods, materials, equipment, and 24 services required by the university. 25 (u) Supervising faculty practice plans for the 26 academic health science centers. 27 (v) Prescribing conditions for university health 28 services support organizations to be certified and to use 29 university property and services. 30 (w) Prescribing conditions, which include audit review 31 and oversight by the board of trustees, for university 47 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 direct-support organizations to use university property and 2 services. 3 (3) Each board of trustees shall actively implement a 4 plan, in accordance with guidelines of the Florida Board of 5 Education, for working on a regular basis with the other 6 university boards of trustees, representatives of the 7 community college boards of trustees, and representatives of 8 the district school boards, to achieve the goals of the 9 seamless education system. 10 (4) Notwithstanding the provisions of s. 216.351, a 11 state university board of trustees may authorize the rent or 12 lease of parking facilities, provided that such facilities are 13 funded through parking fees or parking fines imposed by a 14 university. A board of trustees may authorize a university to 15 charge fees for parking at such rented or leased parking 16 facilities. 17 (5) Effective July 1, 2002, within proviso in the 18 General Appropriations Act and law, each board of trustees 19 shall set university tuition and fees. The sum of the activity 20 and service, health, and athletic fees a student is required 21 to pay to register for a course shall not exceed 40 percent of 22 the matriculation fee established in law or in the General 23 Appropriations Act. No university shall be required to lower 24 any fee in effect on the effective date of this act in order 25 to comply with this subsection. Within the 40 percent cap, 26 universities may not increase the aggregate sum of activity 27 and service, health, and athletic fees more than 5 percent per 28 year unless specifically authorized in law or in the General 29 Appropriations Act. This subsection does not prohibit a 30 university from increasing or assessing optional fees related 31 to specific activities that are not required as a part of 48 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 registration for courses. 2 (6) Effective July 1, 2002, each board of trustees 3 shall implement the university facilities plan in accordance 4 with law and guidelines of the Commissioner of Education's 5 Office of Educational Facilities and SMART Schools 6 Clearinghouse. 7 (7) A board of trustees shall perform such other 8 duties as are provided by law or rule of the Florida Board of 9 Education. 10 Section 15. Section 229.0082, Florida Statutes, is 11 created to read: 12 229.0082 University presidents; powers and 13 duties.--The president is the chief executive officer of the 14 university, shall be corporate secretary of the state 15 university board of trustees, and is responsible for the 16 operation and administration of the university. Each 17 university president shall: 18 (1) Recommend the adoption of rules, as appropriate, 19 to the state university board of trustees to implement 20 provisions of law governing the operation and administration 21 of the university, which shall include the specific powers and 22 duties enumerated in this section. Such rules shall be 23 consistent with the mission of the university and the rules 24 and policies of the Florida Board of Education. 25 (2) Prepare a budget request and an operating budget 26 for approval by the university board of trustees. 27 (3) Establish and implement policies and procedures to 28 recruit, appoint, transfer, promote, compensate, evaluate, 29 reward, demote, discipline, and remove personnel, within law 30 and rules of the Florida Board of Education and in accordance 31 with rules or policies approved by the university board of 49 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 trustees. 2 (4) Govern admissions, subject to law and rules or 3 policies of the university board of trustees and the Florida 4 Board of Education. 5 (5) Approve, execute, and administer contracts for and 6 on behalf of the university board of trustees for the 7 acquisition of commodities, goods, equipment, services, leases 8 of real and personal property, and planning and construction 9 to be rendered to or by the university, provided such 10 contracts are within law and guidelines of the Florida Board 11 of Education and in conformance with policies of the 12 university board of trustees, and are for the implementation 13 of approved programs of the university. 14 (6) Act for the university board of trustees as 15 custodian of all university property. The authority vested in 16 the university president under this subsection includes the 17 authority to prioritize the use of university space, property, 18 equipment, and resources and the authority to impose charges 19 for the use of those items. 20 (7) Establish the internal academic calendar of the 21 university within general guidelines of the Florida Board of 22 Education. 23 (8) Administer the university's program of 24 intercollegiate athletics. 25 (9) Recommend to the board of trustees the 26 establishment and termination of undergraduate and 27 master's-level degree programs within the approved role and 28 scope of the university. 29 (10) Award degrees. 30 (11) Recommend to the board of trustees a schedule of 31 tuition and fees to be charged by the university, within law 50 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 and rules of the Florida Board of Education. 2 (12) Organize the university to efficiently and 3 effectively achieve the goals of the university. 4 (13) Review periodically the operations of the 5 university in order to determine how effectively and 6 efficiently the university is being administered and whether 7 it is meeting the goals of its strategic plan adopted by the 8 Florida Board of Education. 9 (14) Enter into agreements for student exchange 10 programs which involve students at the university and students 11 in other institutions of higher learning. 12 (15) Approve the internal procedures of student 13 government organizations and provide purchasing, contracting, 14 and budgetary review processes for these organizations. 15 (16) Ensure compliance with federal and state laws, 16 regulations, and other requirements that are applicable to the 17 university. 18 (17) Maintain all data and information pertaining to 19 the operation of the university, and report on the attainment 20 by the university of institutional and statewide performance 21 accountability goals. 22 (18) Adjust property records and dispose of 23 state-owned tangible personal property in the university's 24 custody in accordance with procedures established by the 25 university board of trustees. Notwithstanding the provisions 26 of s. 273.055(5), all moneys received from the disposition of 27 state-owned tangible personal property shall be retained by 28 the university and disbursed for the acquisition of tangible 29 personal property and for all necessary operating 30 expenditures. The university shall maintain records of the 31 accounts into which such moneys are deposited. 51 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Section 16. Effective July 1, 2001, the Florida 2 Partnership for School Readiness is transferred by a type two 3 transfer, pursuant to s. 20.06(2), Florida Statutes, from the 4 Executive Office of the Governor to the Agency for Workforce 5 Innovation. 6 Section 17. Effective July 1, 2001, the Child Care 7 Executive Partnership Program, child care and early childhood 8 resource and referral, and the subsidized child care program, 9 including but not limited to statewide staff as referenced in 10 the interagency agreement between the Department of Children 11 and Family Services and the Florida Partnership for School 12 Readiness signed on March 15, 2001, are transferred by a type 13 two transfer, pursuant to s. 20.06(2), Florida Statutes, to 14 the Agency for Workforce Innovation. 15 Section 18. Effective July 1, 2001, the 16 prekindergarten early intervention, migrant prekindergarten, 17 and Florida First Start programs, including but not limited to 18 statewide staff as referenced in the interagency agreement 19 between the Department of Education and the Florida 20 Partnership for School Readiness, are transferred by a type 21 two transfer, pursuant to s. 20.06(2), Florida Statutes, to 22 the Agency for Workforce Innovation. 23 Section 19. For purposes of administration of the 24 Early Learning Opportunities Act and the Even Start Family 25 Literacy Programs, pursuant to Pub. L. No. 106-554, the Agency 26 for Workforce Innovation is designated as the lead agency and 27 must comply with lead agency responsibilities pursuant to 28 federal law. 29 Section 20. Section 411.01, Florida Statutes, is 30 amended to read: 31 411.01 Florida Partnership for School Readiness; 52 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 school readiness coalitions.-- 2 (1) SHORT TITLE.--This section may be cited as the 3 "School Readiness Act." 4 (2) LEGISLATIVE INTENT.-- 5 (a) The Legislature recognizes that school readiness 6 programs increase children's chances of achieving future 7 educational success and becoming productive members of 8 society. It is the intent of the Legislature that such 9 programs be developmentally appropriate, research-based, 10 involve parents as their child's first teacher, serve as 11 preventive measures for children at risk of future school 12 failure, enhance the educational readiness of eligible 13 children, and support family education. Each school readiness 14 program shall provide the elements necessary to prepare 15 at-risk children for school, including health screening and 16 referral and an appropriate educational program. 17 (b) It is the intent of the Legislature that school 18 readiness programs be operated on a full-day, year-round basis 19 to the maximum extent possible to enable parents to work and 20 become financially self-sufficient. 21 (c) It is the intent of the Legislature that school 22 readiness programs not exist as isolated programs, but build 23 upon existing services and work in cooperation with other 24 programs for young children, and that school readiness 25 programs be coordinated and funding integrated to achieve full 26 effectiveness. 27 (d) It is the intent of the Legislature that the 28 administrative staff at the state level for school readiness 29 programs be kept to the minimum necessary to carry out the 30 duties of the Florida Partnership for School Readiness, as the 31 school readiness programs are to be locally designed, 53 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 operated, and managed, with the Florida Partnership for School 2 Readiness adopting a system for measuring school readiness; 3 developing school readiness program performance standards, 4 outcome measurements, and data design and review; and 5 approving and reviewing local school readiness coalitions and 6 plans. 7 (e) It is the intent of the Legislature that 8 appropriations for combined school readiness programs shall 9 not be less than the programs would receive in any fiscal year 10 on an uncombined basis. 11 (f) It is the intent of the Legislature that the 12 school readiness program coordinate and operate in conjunction 13 with the district school systems. However, it is also the 14 intent of the Legislature that the school readiness program 15 not be construed as part of the system of free public schools 16 but rather as a separate program for children under the age of 17 kindergarten eligibility, funded separately from the system of 18 free public schools, utilizing a mandatory sliding fee scale, 19 and providing an integrated and seamless system of school 20 readiness services for the state's birth-to-kindergarten 21 population. 22 (g) It is the intent of the Legislature that the 23 federal child care income tax credit be preserved for school 24 readiness programs. 25 (h) It is the intent of the Legislature that school 26 readiness services shall be an integrated and seamless system 27 of services with a developmentally appropriate education 28 component for the state's eligible birth-to-kindergarten 29 population described in subsection (6) and shall not be 30 construed as part of the seamless K-20 education system except 31 for the administration of the uniform screening system upon 54 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 entry into kindergarten. 2 (3) SCHOOL READINESS PROGRAM.-- 3 (a) The school readiness program shall be phased in on 4 a coalition-by-coalition basis. Each coalition's school 5 readiness program shall have available to it funding from all 6 the coalition's early education and child care programs that 7 are funded with state, federal, lottery, or local funds, 8 including but not limited to Florida First Start programs, 9 Even-Start literacy programs, prekindergarten early 10 intervention programs, Head Start programs, programs offered 11 by public and private providers of child care, migrant 12 prekindergarten programs, Title I programs, subsidized child 13 care programs, and teen parent programs, together with any 14 additional funds appropriated or obtained for purposes of this 15 section. These programs and their funding streams shall be 16 components of the coalition's integrated school readiness 17 program, with the goal of preparing children for success in 18 school. 19 (b) Nothing contained in this act is intended to: 20 1. Relieve parents and guardians of their own 21 obligations to ready their children for school; or 22 2. Create any obligation to provide publicly funded 23 school readiness programs or services beyond those authorized 24 by the Legislature. 25 (4) FLORIDA PARTNERSHIP FOR SCHOOL READINESS.-- 26 (a) There is created The Florida Partnership for 27 School Readiness was created to fulfill three major purposes: 28 to administer school readiness program services that help 29 parents prepare eligible children for school; to coordinate 30 the provision of school readiness services on a full-day, 31 full-year, full-choice basis to the extent possible in order 55 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 to enable parents to work and be financially self-sufficient; 2 and to establish a uniform screening instrument to be 3 implemented by the Department of Education and administered by 4 the school districts upon entry into kindergarten to assess 5 the readiness for school of all children. Readiness for 6 kindergarten is the outcome measure of the success of each 7 school readiness program that receives state or federal funds. 8 with responsibility for adopting and maintaining coordinated 9 programmatic, administrative, and fiscal policies and 10 standards for all school readiness programs, while allowing a 11 wide range of programmatic flexibility and differentiation. 12 The partnership is assigned to the Agency for Workforce 13 Innovation Executive Office of the Governor for administrative 14 purposes. 15 (b) The Florida Partnership for School Readiness 16 shall: 17 1. Coordinate the birth-to-kindergarten services for 18 children who are eligible pursuant to subsection (6) and the 19 programmatic, administrative, and fiscal standards pursuant to 20 this section for all public providers of school readiness 21 programs. 22 2. Continue to provide unified leadership for school 23 readiness through local school readiness coalitions. 24 3. Focus on improving the educational quality of all 25 publicly funded school readiness programs. 26 (c)(b)1. The Florida Partnership for School Readiness 27 shall include the Lieutenant Governor, the Commissioner of 28 Education, the Secretary of Children and Family Services, and 29 the Secretary of Health, or their designees, and the chair of 30 the Child Care Executive Partnership Board, and the 31 chairperson of the Board of Directors of Workforce Florida, 56 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Inc. When the Lieutenant Governor or an agency head appoints a 2 designee, the designee must be an individual who attends 3 consistently, and, in the event that the Lieutenant Governor 4 or agency head and his or her designee both attend a meeting, 5 only one of them may vote. 6 2. The partnership shall also include 14 10 members of 7 the public who shall be business, community, and civic leaders 8 in the state who are not elected to public office. These 9 members and their families must not have a direct contract 10 with any local coalition to provide school readiness services 11 be providers in the early education and child care industry. 12 The members must be geographically and demographically 13 representative of the state. Each member shall be appointed by 14 the Governor. Eight of the members shall be appointed from a 15 list of 10 nominees, of which five must be submitted by the 16 President of the Senate and five must be submitted by the 17 Speaker of the House of Representatives. By July 1, 2001, four 18 members shall be appointed as follows: two members shall be 19 from the child care industry, one representing the private 20 for-profit sector appointed by the Governor from a list of two 21 nominees submitted by the President of the Senate and one 22 representing faith-based providers appointed by the Governor 23 from a list of two nominees submitted by the Speaker of the 24 House of Representatives; and two members shall be from the 25 business community, one appointed by the Governor from a list 26 of two nominees submitted by the President of the Senate and 27 one appointed by the Governor from a list of two nominees 28 submitted by the Speaker of the House of Representatives. 29 Members shall be appointed to 4-year terms of office. However, 30 of the initial appointees, two shall be appointed to 1-year 31 terms, two shall be appointed to 2-year terms, three shall be 57 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 appointed to 3-year terms, and three shall be appointed to 2 4-year terms. The members of the partnership shall elect a 3 chairperson annually from the nongovernmental members of the 4 partnership. Any vacancy on the partnership shall be filled in 5 the same manner as the original appointment. 6 (d)(c) The partnership shall meet at least quarterly 7 but may meet as often as it deems necessary to carry out its 8 duties and responsibilities. Members of the partnership shall 9 participate without proxy at the quarterly meetings. The 10 partnership may take official action by a majority vote of the 11 members present at any meeting at which a quorum is present. 12 The partnership shall hold its first meeting by October 1, 13 1999. 14 (e)(d) Members of the partnership are subject to the 15 ethics provisions in part III of chapter 112, and no member 16 may derive any financial benefit from the funds administered 17 by the Florida Partnership for School Readiness. 18 (f)(e) Members of the partnership shall serve without 19 compensation but are entitled to reimbursement for per diem 20 and travel expenses incurred in the performance of their 21 duties as provided in s. 112.061, and reimbursement for other 22 reasonable, necessary, and actual expenses. 23 (g)(f) For the purposes of tort liability, the members 24 of the partnership and its employees shall be governed by s. 25 768.28. 26 (h)(g) The partnership shall appoint an executive 27 director who shall to serve at the its pleasure of the 28 Governor. The executive director who shall perform the duties 29 assigned to him or her by the partnership. The executive 30 director shall be responsible for hiring, subject to the 31 approval of the partnership, all employees and staff members, 58 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 who shall serve under his or her direction and control. 2 (i)(h) For purposes of administration of the federal 3 Child Care and Development Fund, 45 C.F.R. parts 98 and 99, 4 the partnership may be designated by the Governor as the lead 5 agency, and if so designated shall comply with the lead agency 6 responsibilities pursuant to federal law. 7 (j)(i) The Florida Partnership for School Readiness is 8 the principal organization responsible for the enhancement of 9 school readiness for the state's children, and shall: 10 1. Be responsible for the prudent use of all public 11 and private funds in accordance with all legal and contractual 12 requirements. 13 2. Provide final approval and periodic review of 14 coalitions and plans. 15 3. Provide leadership for enhancement of school 16 readiness in this state by aggressively establishing a unified 17 approach to the state's efforts toward enhancement of school 18 readiness. In support of this effort, the partnership may 19 develop and implement specific strategies that address the 20 state's school readiness programs. 21 4. Safeguard the effective use of federal, state, 22 local, and private resources to achieve the highest possible 23 level of school readiness for the state's children. 24 5. Provide technical assistance to coalitions. 25 6. Assess gaps in service. 26 7. Provide technical assistance to counties that form 27 a multicounty coalition. 28 8.a. By July 1, 2000, Adopt a system for measuring 29 school readiness that provides objective data regarding the 30 expectations for school readiness, and establish a method for 31 collecting the data and guidelines for using the data. The 59 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 measurement, the data collection, and the use of the data must 2 serve the statewide school readiness goal. The criteria for 3 determining which data to collect should be the usefulness of 4 the data to state policymakers and local program 5 administrators in administering programs and allocating state 6 funds, and must include the tracking of school readiness 7 system information back to individual school readiness 8 programs to assist in determining program effectiveness. 9 b. By December 31, 2000, the partnership shall also 10 Adopt a system for evaluating the performance of students 11 through the third grade to compare the performance of those 12 who participated in school readiness programs with the 13 performance of students who did not participate in school 14 readiness programs in order to identify strategies for 15 continued successful student performance. 16 9. By June 1, 2000, Develop and adopt performance 17 standards and outcome measures. 18 10. In consultation with the Postsecondary Education 19 Planning Commission and the Education Standards Commission, 20 assess the expertise of public and private Florida 21 postsecondary institutions in the areas of infant and toddler 22 developmental research; the related curriculum of training, 23 career, and academic programs; and the status of articulation 24 among those programs. Based on this assessment, the 25 partnership shall provide recommendations to the Governor and 26 the Legislature for postsecondary program improvements to 27 enhance school readiness initiatives. 28 (k)(j) The partnership may adopt rules necessary to 29 administer the provisions of this section which relate to 30 preparing and implementing the system for school readiness, 31 collecting data, approving local school readiness coalitions 60 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 and plans, providing a method whereby a coalition can serve 2 two or more counties, awarding incentives to coalitions, and 3 issuing waivers. 4 (l)(k) The Florida Partnership for School Readiness 5 shall have all powers necessary to carry out the purposes of 6 this section, including, but not limited to, the power to 7 receive and accept grants, loans, or advances of funds from 8 any public or private agency and to receive and accept from 9 any source contributions of money, property, labor, or any 10 other thing of value, to be held, used, and applied for the 11 purposes of this section. 12 (l) The Florida Partnership for School Readiness shall 13 be an independent, nonpartisan body and shall not be 14 identified or affiliated with any one agency, program, or 15 group. 16 (m) The Florida Partnership for School Readiness shall 17 have a budget, shall be financed through an annual 18 appropriation made for this purpose in the General 19 Appropriations Act, and shall be subject to compliance audits 20 and annual financial audits by the Auditor General. 21 (n) The partnership shall coordinate the efforts 22 toward school readiness in this state and provide independent 23 policy analyses and recommendations to the Governor, the 24 Florida State Board of Education, and the Legislature. 25 (o) By July 1, 2000, The partnership shall prepare and 26 submit to the Florida State Board of Education a system for 27 measuring school readiness. The system must include a uniform 28 screening, which shall provide objective data regarding the 29 following expectations for school readiness which shall 30 include, at a minimum: 31 1. The child's immunizations and other health 61 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 requirements as necessary, including appropriate vision and 2 hearing screening and examinations. 3 2. The child's physical development. 4 3. The child's compliance with rules, limitations, and 5 routines. 6 4. The child's ability to perform tasks. 7 5. The child's interactions with adults. 8 6. The child's interactions with peers. 9 7. The child's ability to cope with challenges. 10 8. The child's self-help skills. 11 9. The child's ability to express his or her needs. 12 10. The child's verbal communication skills. 13 11. The child's problem-solving skills. 14 12. The child's following of verbal directions. 15 13. The child's demonstration of curiosity, 16 persistence, and exploratory behavior. 17 14. The child's interest in books and other printed 18 materials. 19 15. The child's paying attention to stories. 20 16. The child's participation in art and music 21 activities. 22 17. The child's ability to identify colors, geometric 23 shapes, letters of the alphabet, numbers, and spatial and 24 temporal relationships. 25 (p) The partnership shall prepare a plan for 26 implementing the system for measuring school readiness in such 27 a way that all children in this state will undergo the uniform 28 screening established by the partnership when they enter 29 kindergarten. Children who enter public school for the first 30 time in first grade must undergo a uniform screening approved 31 by the partnership for use in first grade. Because children 62 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 with disabilities may not be able to meet all of the 2 identified expectations for school readiness, the plan for 3 measuring school readiness shall incorporate mechanisms for 4 recognizing the potential variations in expectations for 5 school readiness when serving children with disabilities and 6 shall provide for communities to serve children with 7 disabilities. 8 (q) The partnership shall recommend to the Governor, 9 the Commissioner of Education, and the State Board of 10 Education rules, and revisions or repeal of rules, which would 11 increase the effectiveness of programs that prepare children 12 for school. 13 (q)(r) The partnership shall conduct studies and 14 planning activities related to the overall improvement and 15 effectiveness of school readiness measures. 16 (s) By February 1, 2000, the partnership shall work 17 with the Office of the Comptroller for electronic funds 18 transfer. 19 (t) By February 1, 2000, the partnership shall present 20 to the Legislature a plan for combining funding streams for 21 school readiness programs into a School Readiness Trust Fund. 22 (r)(u) The partnership shall establish procedures for 23 performance-based budgeting in school readiness programs. 24 (s)(v) The partnership shall submit an annual report 25 of its activities to the Governor, the executive director of 26 the Florida Healthy Kids Corporation, the President of the 27 Senate, the Speaker of the House of Representatives, and the 28 minority leaders of both houses of the Legislature. In 29 addition, the partnership's reports and recommendations shall 30 be made available to the Florida State Board of Education, 31 other appropriate state agencies and entities, district school 63 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 boards, central agencies for child care, and county health 2 departments. The annual report must provide an analysis of 3 school readiness activities across the state, including the 4 number of children who were served in the programs and the 5 number of children who were ready for school. 6 (t)(w) The partnership shall work with school 7 readiness coalitions to increase parents' training for and 8 involvement in their children's preschool education and to 9 provide family literacy activities and programs. 10 11 To ensure that the system for measuring school readiness is 12 comprehensive and appropriate statewide, as the system is 13 developed and implemented, the partnership must consult with 14 representatives of district school systems, providers of 15 public and private child care, health care providers, large 16 and small employers, experts in education for children with 17 disabilities, and experts in child development. 18 (5) CREATION OF SCHOOL READINESS COALITIONS.-- 19 (a) School readiness coalitions.-- 20 1. If a coalition's plan would serve less than 400 21 birth-to-kindergarten age children, the coalition must either 22 join with another county to form a multicounty coalition, 23 enter an agreement with a fiscal agent to serve more than one 24 coalition, or demonstrate to the partnership its ability to 25 effectively and efficiently implement its plan as a 26 single-county coalition and meet all required performance 27 standards and outcome measures. 28 2. Each coalition shall have at least 18 but not more 29 than 25 members and such members must include the following: 30 a. A Department of Children and Family Services 31 district administrator or his or her designee who is 64 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 authorized to make decisions on behalf of the department. 2 b. A district superintendent of schools or his or her 3 designee who is authorized to make decisions on behalf of the 4 district. 5 c. A regional workforce development board chair or 6 director, where applicable. 7 d. A county health department director or his or her 8 designee. 9 e. A children's services council or juvenile welfare 10 board chair or executive director, if applicable. 11 f. A child care licensing agency head. 12 g. One member appointed by a Department of Children 13 and Family Services district administrator. 14 h. One member appointed by a board of county 15 commissioners. 16 i. One member appointed by a district school board. 17 j. A central child care agency administrator. 18 k. A Head Start director. 19 l. A representative of private child care providers. 20 m. A representative of faith-based child care 21 providers. 22 23 More than one-third of the coalition members must be from the 24 private sector, and neither they nor their families may earn 25 an income from the early education and child care industry. To 26 meet this requirement a coalition must appoint additional 27 members from a list of nominees presented to the coalition by 28 a chamber of commerce or economic development council within 29 the geographic area of the coalition. 30 3. No member of a coalition may appoint a designee to 31 act in his or her place. A member may send a representative to 65 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 coalition meetings, but that representative will have no 2 voting privileges. When a district superintendent of schools 3 or a district administrator for the Department of Children and 4 Family Services appoints a designee to a school readiness 5 coalition, the designee will be the voting member of the 6 coalition, and any individual attending in his or her place, 7 including the district administrator or superintendent, will 8 have no voting privileges. 9 4. The school readiness coalition shall replace the 10 district interagency coordinating council required under s. 11 230.2305. 12 4.5. Members of the coalition are subject to the 13 ethics provisions in part III of chapter 112. 14 5.6. For the purposes of tort liability, the members 15 of the school readiness coalition and its employees shall be 16 governed by s. 768.28. 17 6.7. Multicounty coalitions shall include 18 representation from each county. 19 7.8. The terms of all appointed members of the 20 coalition must be staggered. Appointed members may serve a 21 maximum of two terms. When a vacancy occurs in an appointed 22 position, the coalition must advertise the vacancy. 23 (b) Program participation.--The school readiness 24 program shall be established for children from birth to 5 25 years of age or until the child enters kindergarten. The 26 program shall be administered by the school readiness 27 coalition. Within funding limitations, the school readiness 28 coalition, along with all providers, shall make reasonable 29 efforts to accommodate the needs of children for extended-day 30 and extended-year services without compromising the quality of 31 the program. 66 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (c) Program expectations.-- 2 1. The school readiness program must meet the 3 following expectations: 4 a. The program must prepare preschool children to 5 enter kindergarten ready to learn, as measured by criteria 6 established by the Florida Partnership for School Readiness. 7 b. The program must provide extended-day and 8 extended-year services to the maximum extent possible to meet 9 the needs of parents who work. 10 c. There must be coordinated staff development and 11 teaching opportunities. 12 d. There must be expanded access to community services 13 and resources for families to help achieve economic 14 self-sufficiency. 15 e. There must be a single point of entry and unified 16 waiting list. 17 f. As long as funding or eligible populations do not 18 decrease, the program must serve at least as many children as 19 were served prior to implementation of the program. 20 g. There must be a community plan to address the needs 21 of all eligible children. 22 h. The program must meet all state licensing 23 guidelines, where applicable. 24 2. The school readiness coalition must implement a 25 comprehensive program of readiness services that enhance the 26 cognitive, social, and physical development of children to 27 achieve the performance standards and outcome measures 28 specified by the partnership. At a minimum, these programs 29 must contain the following elements: 30 a. Developmentally appropriate curriculum. 31 b. A character development program to develop basic 67 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 values. 2 c. An age-appropriate assessment of each child's 3 development. 4 d. A pretest administered to children when they enter 5 a program and a posttest administered to children when they 6 leave the program. 7 e. An appropriate staff-to-child ratio. 8 f. A healthful and safe environment. 9 g. A resource and referral network to assist parents 10 in making an informed choice. 11 (d) Implementation.-- 12 1. The school readiness program is to be phased in. 13 Until the coalition implements its plan, the county shall 14 continue to receive the services identified in subsection (3) 15 through the various agencies that would be responsible for 16 delivering those services under current law. Plan 17 implementation is subject to approval of the coalition and the 18 plan by the Florida Partnership for School Readiness. 19 2. Each school readiness coalition shall develop a 20 plan for implementing the school readiness program to meet the 21 requirements of this section and the performance standards and 22 outcome measures established by the partnership. The plan must 23 include a written description of the role of the program in 24 the coalition's effort to meet the first state education goal, 25 readiness to start school, including a description of the plan 26 to involve the prekindergarten early intervention programs, 27 Head Start Programs, programs offered by public or private 28 providers of child care, preschool programs for children with 29 disabilities, programs for migrant children, Title I programs, 30 subsidized child care programs, and teen parent programs. The 31 plan must also demonstrate how the program will ensure that 68 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 each 3-year-old and 4-year-old child in a publicly funded 2 school readiness program receives scheduled activities and 3 instruction designed to prepare children to enter kindergarten 4 ready to learn. Prior to implementation of the program, the 5 school readiness coalition must submit the plan to the 6 partnership for approval. The partnership may approve the 7 plan, reject the plan, or approve the plan with conditions. 8 The Florida Partnership for School Readiness shall review 9 coalition plans at least annually. plan shall be reviewed, 10 revised, and approved biennially. 11 3. The plan for the school readiness program must 12 include the following minimum standards and provisions: 13 a. A sliding fee scale establishing a copayment for 14 parents based upon their ability to pay, which is the same for 15 all program providers, to be implemented and reflected in each 16 program's budget. 17 b. A choice of settings and locations in licensed, 18 registered, religious-exempt, or school-based programs to be 19 provided to parents. 20 c. Instructional staff who have completed the training 21 course as required in s. 402.305(2)(d)1., as well as staff who 22 have additional training or credentials as required by the 23 partnership respective program provider. The plan must provide 24 a method for assuring the qualifications of all personnel in 25 all program settings. 26 d. Specific eligibility priorities for children within 27 the coalition's county pursuant to subsection (6). 28 e. Performance standards and outcome measures 29 established by the partnership or alternatively, standards and 30 outcome measures to be used until such time as the partnership 31 adopts such standards and outcome measures. 69 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 f. Reimbursement rates that have been developed by the 2 coalition. Reimbursement rates shall not have the effect of 3 limiting parental choice or creating standards or levels of 4 services that have not been authorized by the Legislature. 5 g. Systems support services, including a central 6 agency, child care resource and referral, eligibility 7 determinations, training of providers, and parent support and 8 involvement. 9 h. Direct enhancement services to families and 10 children. System support and direct enhancement services shall 11 be in addition to payments for the placement of children in 12 school readiness programs. 13 i. A business plan, which must include the contract 14 with a school readiness agent if the coalition is not a 15 legally established corporate entity. Coalitions may contract 16 with other coalitions to achieve efficiency in multiple-county 17 services, and such contracts may be part of the coalition's 18 business plan. 19 j. Strategies to meet the needs of unique populations, 20 such as migrant workers. 21 22 As part of the plan, the coalition may request the Governor to 23 apply for a waiver to allow the coalition to administer the 24 Head Start Program to accomplish the purposes of the school 25 readiness program. If any school readiness plan can 26 demonstrate that specific statutory goals can be achieved more 27 effectively by using procedures that require modification of 28 existing rules, policies, or procedures, a request for a 29 waiver to the partnership may be made as part of the plan. 30 Upon review, the partnership may grant the proposed 31 modification. 70 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 4. Persons with an early childhood teaching 2 certificate may provide support and supervision to other staff 3 in the school readiness program. 4 5. The coalition may not implement its plan until it 5 submits the plan to and receives approval from the 6 partnership. Once the plan has been approved, the plan and the 7 services provided under the plan shall be controlled by the 8 coalition rather than by the state agencies or departments. 9 The plan shall be reviewed and revised as necessary, but at 10 least biennially. 11 6. The following statutes will not apply to local 12 coalitions with approved plans: ss. 125.901(2)(a)3., 13 228.061(1) and (2), 230.2306, 411.221, 411.222, and 411.232. 14 To facilitate innovative practices and to allow local 15 establishment of school readiness programs, a school readiness 16 coalition may apply to the Governor and Cabinet for a waiver 17 of, and the Governor and Cabinet may waive, any of the 18 provisions of ss. 230.2303, 230.2305, 230.23166, 402.3015, 19 411.223, and 411.232, if the waiver is necessary for 20 implementation of the coalition's school readiness plan. 21 7. Two or more counties may join for the purpose of 22 planning and implementing a school readiness program. 23 8. A coalition may, subject to approval of the 24 partnership as part of the coalition's plan, receive 25 subsidized child care funds for all children eligible for any 26 federal subsidized child care program and be the provider of 27 the program services. 28 9. Coalitions are authorized to enter into multiparty 29 contracts with multicounty service providers in order to meet 30 the needs of unique populations such as migrant workers. 31 (e) Requests for proposals; payment schedule.-- 71 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 1. At least once every 3 years, beginning July 1, 2 2001, each coalition must follow the competitive procurement 3 requirements of s. 287.057 for school readiness programs. 4 2. Each coalition shall develop a payment schedule 5 that encompasses all programs funded by that coalition. The 6 payment schedule must take into consideration the relevant 7 market rate, must include the projected number of children to 8 be served, and must be submitted to the partnership for 9 information. Informal child care arrangements shall be 10 reimbursed at not more than 50 percent of the rate developed 11 for family childcare. 12 (f) Requirements relating to fiscal agents.--If the 13 local coalition is not a legally established corporate entity, 14 the coalition must designate a fiscal agent, which may be a 15 public entity or a private nonprofit organization. The fiscal 16 agent shall be required to provide financial and 17 administrative services pursuant to a contract or agreement 18 with the school readiness coalition. The fiscal agent may not 19 provide direct early education or child care services; 20 however, a fiscal agent may provide such services upon written 21 request of the coalition to the partnership and upon the 22 approval of such request by the partnership. The cost of the 23 financial and administrative services shall be negotiated 24 between the fiscal agent and the school readiness coalition. 25 If the fiscal agent is a provider of early education and care 26 programs, the contract must specify that the fiscal agent will 27 act on policy direction from the coalition and will not 28 receive policy direction from its own corporate board 29 regarding disbursal of coalition funds. The fiscal agent shall 30 disburse funds in accordance with the approved coalition 31 school readiness plan and based on billing and disbursement 72 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 procedures approved by the partnership. The fiscal agent must 2 conform to all data-reporting requirements established by the 3 partnership. 4 (g) Coalition initiation grants; incentive bonuses.-- 5 1. School readiness coalitions that are approved by 6 the Florida Partnership for School Readiness by January 1, 7 2000, shall be eligible for a $50,000 initiation grant to 8 support the school readiness coalition in developing its 9 school readiness plan. 10 2. School readiness coalitions that are approved by 11 the Florida Partnership for School Readiness by March 1, 2000, 12 shall be eligible for a $25,000 initiation grant to support 13 the school readiness coalition in developing its school 14 readiness plan. 15 3. School readiness coalitions that have their plans 16 approved by July 1, 2000, shall receive funding from the 17 Florida Partnership for School Readiness in fiscal year 18 2000-2001, and each year thereafter. 19 4. Upon approval by the Florida Partnership for School 20 Readiness of any coalition's plan that clearly shows 21 enhancement in the quality and standards of the school 22 readiness program without diminishing the number of children 23 served in the program, the partnership shall award the 24 coalition an incentive bonus, subject to appropriation. 25 5. In fiscal year 2000-2001, and each year thereafter, 26 any increases in funding for school readiness programs shall 27 be administered through school readiness coalitions. 28 6. In fiscal year 2001-2002, the Florida Partnership 29 for School Readiness shall request proposals from government 30 agencies and nonprofit corporations for the development and 31 operation of a school readiness coalition in each county that 73 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 does not have an approved coalition by March 1, 2001. 2 (g)(h) Evaluation and annual report.--Each school 3 readiness coalition shall conduct an evaluation of the 4 effectiveness of the school readiness program, including 5 performance standards and outcome measures, and shall provide 6 an annual report and fiscal statement to the Florida 7 Partnership for School Readiness. This report must conform to 8 the content and format specifications set by the Florida 9 Partnership for School Readiness. The partnership must include 10 an analysis of the coalition reports in its annual report. 11 (6) PROGRAM ELIGIBILITY.--The school readiness program 12 shall be established for children under the age of 13 kindergarten eligibility. Priority for participation in the 14 school readiness program shall be given to children who meet 15 one or more of the following criteria: 16 (a) Children under the age of kindergarten eligibility 17 who are: 18 1. Children determined to be at risk of abuse, 19 neglect, or exploitation and who are currently clients of the 20 Family Safety Program Office of the Department of Children and 21 Family Services. 22 2. Children at risk of welfare dependency, including 23 economically disadvantaged children, children of participants 24 in the welfare transition program, children of migrant 25 farmworkers, and children of teen parents. 26 3. Children of working families whose family income 27 does not exceed 150 percent of the federal poverty level. 28 (b) Three-year-old children and 4-year-old children 29 who may not be economically disadvantaged but who have 30 disabilities, have been served in a specific part-time or 31 combination of part-time exceptional education programs with 74 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 required special services, aids, or equipment, and were 2 previously reported for funding part time with the Florida 3 Education Finance Program as exceptional students. 4 (c) Economically disadvantaged children, children with 5 disabilities, and children at risk of future school failure, 6 from birth to 4 years of age, who are served at home through 7 home visitor programs and intensive parent education programs 8 such as the Florida First Start Program. 9 (d) Children who meet federal and state requirements 10 for eligibility for the migrant preschool program but who do 11 not meet the criteria of economically disadvantaged. 12 13 An "economically disadvantaged" child means a child whose 14 family income is below 150 percent of the federal poverty 15 level. Notwithstanding any change in a family's economic 16 status, but subject to additional family contributions in 17 accordance with the sliding fee scale, a child who meets the 18 eligibility requirements upon initial registration for the 19 program shall be considered eligible until the child reaches 20 kindergarten age. 21 (7) PARENTAL CHOICE.-- 22 (a) The school readiness program shall provide 23 parental choice pursuant to a purchase service order that 24 ensures, to the maximum extent possible, flexibility in school 25 readiness programs and payment arrangements. According to 26 federal regulations requiring parental choice, a parent may 27 choose an informal child care arrangement. The purchase order 28 must bear the name of the beneficiary and the program provider 29 and, when redeemed, must bear the signature of both the 30 beneficiary and an authorized representative of the provider. 31 (b) If it is determined that a provider has provided 75 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 any cash to the beneficiary in return for receiving the 2 purchase order, the coalition or its fiscal agent shall refer 3 the matter to the Division of Public Assistance Fraud for 4 investigation. 5 (c) The Office of the Comptroller shall establish an 6 electronic transfer system for the disbursement of funds in 7 accordance with this subsection. School readiness coalitions 8 shall fully implement the electronic funds transfer system 9 within 2 years after plan approval unless a waiver is obtained 10 from the partnership. 11 (8) STANDARDS; OUTCOME MEASURES.--All publicly funded 12 school readiness programs shall be required to meet the 13 performance standards and outcome measures developed and 14 approved by the partnership. The Office of Program Policy 15 Analysis and Government Accountability shall provide 16 consultation to the partnership in the development of the 17 measures and standards. These performance standards and 18 outcome measures shall be adopted by June 1, 2000, and shall 19 be applicable on a statewide basis. 20 (9) FUNDING; SCHOOL READINESS PROGRAM.-- 21 (a) It is the intent of this section to establish an 22 integrated and quality seamless service delivery system for 23 all publicly funded early education and child care programs 24 operating in this state. 25 (b) Notwithstanding s. 20.50: 26 1. The Agency for Workforce Innovation shall 27 administer school readiness funds, plans, and policies 28 pursuant to contract with the Florida Partnership for School 29 Readiness and shall prepare and submit a unified budget 30 request for the school readiness program in accordance with 31 chapter 216. 76 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 2. All instructions to local school readiness 2 coalitions shall emanate from the Agency for Workforce 3 Innovation pursuant to policies of the Legislature, plans of 4 the Florida Partnership for School Readiness, and the contract 5 between the Florida Partnership for School Readiness and the 6 agency. 7 (c) The Agency for Workforce Innovation shall prepare 8 a plan that provides for the distribution and expenditure of 9 all state and federal school readiness funds for children 10 participating in public or private school readiness programs 11 based upon an equity and performance funding formula. The plan 12 shall be submitted to the Governor and the Legislative Budget 13 Commission. Upon approval, the Legislative Budget Commission 14 shall authorize the transfer of funds to the Agency for 15 Workforce Innovation for distribution in accordance with the 16 provisions of the formula. 17 (d)(b) All state funds budgeted for a county for the 18 programs specified in subsection (3), along with the pro rata 19 share of the state administrative costs of those programs in 20 the amount as determined by the partnership, all federal funds 21 and required local matching funds for a county for programs 22 specified in subsection (3), and any additional funds 23 appropriated or obtained for purposes of this section, shall 24 be transferred for the benefit of the coalition for 25 implementation of its plan, including the hiring of staff to 26 effectively operate the coalition's school readiness program. 27 As part of plan approval and periodic plan review, the 28 partnership shall require that administrative costs be kept to 29 the minimum necessary for efficient and effective 30 administration of the plan, but total administrative 31 expenditures shall not exceed 5 percent unless specifically 77 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 waived by the partnership. The partnership shall annually 2 report to the Legislature any problems relating to 3 administrative costs. 4 (c) By February 15, 2000, the partnership shall 5 present to the Legislature recommendations for combining 6 funding streams for school readiness programs into a School 7 Readiness Trust Fund. These recommendations must include 8 recommendations for the inclusion or noninclusion of 9 prekindergarten disabilities programs and funding. 10 (e)(d) The partnership shall annually distribute all 11 eligible funds as block grants to assist coalitions in 12 integrating services and funding to develop a quality service 13 delivery system. Subject to appropriation, the partnership may 14 also provide financial awards to coalitions demonstrating 15 success in merging and integrating funding streams to serve 16 children and school readiness programs. 17 (f)(e) State funds appropriated for the school 18 readiness program may not be used for the construction of new 19 facilities or the purchase of buses. By February 15, 2000, The 20 partnership shall present to the Legislature recommendations 21 for providing necessary transportation services for school 22 readiness programs. 23 (g)(f) All cost savings and all revenues received 24 through a mandatory sliding fee scale shall be used to help 25 fund the local school readiness program. 26 (10) SCHOOL READINESS UNIFORM SCREENING.--The 27 Department of Education shall implement a school readiness 28 uniform screening, including a pilot program during the 29 2001-2002 school year, to validate the system recommended by 30 the Florida Partnership for School Readiness as part of a 31 comprehensive evaluation design. Beginning with the 2002-2003 78 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 school year, the department shall require that all school 2 districts administer the school readiness uniform screening to 3 each kindergarten student in the district school system upon 4 the student's entry into kindergarten. Children who enter 5 public school for the first time in first grade must undergo a 6 uniform screening adopted for use in first grade. The 7 department shall incorporate school readiness data into the 8 K-20 data warehouse for longitudinal tracking. Notwithstanding 9 s. 228.093, the department shall provide the partnership and 10 the Agency for Workforce Innovation with complete and full 11 access to kindergarten uniform screening data at the student, 12 school, district, and state levels in a format that will 13 enable the partnership and the agency to prepare reports 14 needed by state policymakers and local school readiness 15 coalitions to access progress toward school readiness goals 16 and provide input for continuous improvement of local school 17 readiness services and programs. 18 (11)(10) REPORTS.--The Office of Program Policy 19 Analysis and Government Accountability shall assess the 20 implementation, efficiency, and outcomes of the school 21 readiness program and report its findings to the President of 22 the Senate and the Speaker of the House of Representatives by 23 January 1, 2002. Subsequent reviews shall be conducted at the 24 direction of the Joint Legislative Auditing Committee. 25 (12)(11) CONFLICTING PROVISIONS.--In the event of a 26 conflict between the provisions of this section and federal 27 requirements, the federal requirements shall control. 28 Section 21. Notwithstanding any other provision of law 29 to the contrary, minimum child care licensing standards shall 30 be developed to provide for reasonable, affordable, and safe 31 before-school and after-school care. Standards, at a minimum, 79 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 shall allow for a credentialed director to supervise multiple 2 before-school and after-school sites. 3 Section 22. Effective January 1, 2002, paragraph (a) 4 of subsection (6) and subsection (10) of section 216.136, 5 Florida Statutes, are amended to read: 6 216.136 Consensus estimating conferences; duties and 7 principals.-- 8 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.-- 9 (a) Duties.-- 10 1. The Social Services Estimating Conference shall 11 develop such official information relating to the social 12 services system of the state, including forecasts of social 13 services caseloads, as the conference determines is needed for 14 the state planning and budgeting system. Such official 15 information shall include, but not be limited to, subsidized 16 child care caseloads mandated by the Family Support Act of 17 1988. 18 2. In addition, the Social Services Estimating 19 Conference shall develop estimates and forecasts of the 20 unduplicated count of children eligible for subsidized child 21 care as defined in s. 402.3015(1). These estimates and 22 forecasts shall not include children enrolled in the 23 prekindergarten early intervention program established in s. 24 230.2305. 25 3. The Department of Children and Family Services and 26 the Department of Education shall provide information on 27 caseloads and waiting lists for the subsidized child care and 28 prekindergarten early intervention programs requested by the 29 Social Services Estimating Conference or individual conference 30 principals, in a timely manner. 31 2.4. The Social Services Estimating Conference shall 80 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 develop information relating to the Florida Kidcare program, 2 including, but not limited to, outreach impacts, enrollment, 3 caseload, utilization, and expenditure information that the 4 conference determines is needed to plan for and project future 5 budgets and the drawdown of federal matching funds. The 6 agencies required to collect and analyze Florida Kidcare 7 program data under s. 409.8134 shall be participants in the 8 Social Services Estimating Conference for purposes of 9 developing information relating to the Florida Kidcare 10 program. 11 (10) SCHOOL READINESS PROGRAM ESTIMATING CONFERENCE.-- 12 (a) Duties.-- 13 1. The School Readiness Program Estimating Conference 14 shall develop such estimates and forecasts of the unduplicated 15 count of children number of individuals eligible for school 16 readiness programs in accordance with the standards of 17 eligibility established in s. 411.01(6) by state or federal 18 statute or administrative rule as the conference determines 19 are needed to support the state planning, budgeting, and 20 appropriations processes. 21 2. In addition, the School Readiness Program 22 Estimating Conference shall estimate the unduplicated count of 23 children who are eligible for services under the school 24 readiness program. 25 2.3. The Florida Partnership for School Readiness 26 shall provide information on needs and waiting lists for 27 school readiness program services requested by the School 28 Readiness Program Estimating Conference or individual 29 conference principals in a timely manner. 30 (b) Principals.--The Executive Office of the Governor, 31 the Director of Economic and Demographic Research, and 81 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 professional staff who have forecasting expertise from the 2 Florida Partnership for School Readiness, the Agency for 3 Workforce Innovation, the Department of Children and Family 4 Services, the Department of Education, the Senate, and the 5 House of Representatives, or their designees, are the 6 principals of the School Readiness Program Estimating 7 Conference. The principal representing the Executive Office of 8 the Governor shall preside over sessions of the conference. 9 Section 23. Effective January 1, 2002, paragraph (a) 10 of subsection (1) of section 232.01, Florida Statutes, is 11 amended to read: 12 232.01 School attendance.-- 13 (1)(a)1. All children who have attained the age of 6 14 years or who will have attained the age of 6 years by February 15 1 of any school year or who are older than 6 years of age but 16 who have not attained the age of 16 years, except as 17 hereinafter provided, are required to attend school regularly 18 during the entire school term. 19 2. Children who will have attained the age of 5 years 20 on or before September 1 of the school year are eligible for 21 admission to public kindergartens during that school year 22 under rules prescribed by the school board. 23 3. Children who will have attained the age of 3 years 24 on or before September 1 of the school year are eligible for 25 admission to prekindergarten early intervention programs 26 during that school year as provided in s. 230.2305 or a 27 preschool program as provided in s. 228.061. 28 Section 24. Effective January 1, 2002, paragraphs (b) 29 and (c) of subsection (1) and subsection (4) of section 30 445.023, Florida Statutes, are amended to read: 31 445.023 Program for dependent care for families with 82 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 children with special needs.-- 2 (1) There is created the program for dependent care 3 for families with children with special needs. This program 4 is intended to provide assistance to families with children 5 who meet the following requirements: 6 (b) The child or children are considered to be 7 children with special needs as defined by the subsidized child 8 care program authorized under s. 402.3015. 9 (c) The family meets the income guidelines established 10 under s. 411.01(6) 402.3015. Financial eligibility for this 11 program shall be based solely on the guidelines used for 12 subsidized child care, notwithstanding any financial 13 eligibility criteria to the contrary in s. 414.075, s. 14 414.085, or s. 414.095. 15 (4) In addition to school readiness child care 16 services provided under s. 411.01 402.3015, dependent care may 17 be provided for children age 13 years and older who are in 18 need of care due to disability and where such care is needed 19 for the parent to accept or continue employment or otherwise 20 participate in work activities. The amount of subsidy shall be 21 consistent with the rates for special needs child care 22 established by the department. Dependent care needed for 23 employment may be provided as transitional services for up to 24 2 years after eligibility for temporary cash assistance ends. 25 Section 25. Effective January 1, 2002, subsections (1) 26 and (2) of section 228.061, paragraph (o) of subsection (4) of 27 section 230.23, sections 230.2303, 230.2305, and 230.2306, 28 Florida Statutes, are repealed. 29 Section 26. Effective January 1, 2002, section 402.28, 30 subsection (1) of section 402.281, sections 402.3015, 31 402.3027, and 402.3028, subsection (18) of section 402.305, 83 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 section 402.3052, paragraph (c) of subsection (2) of section 2 402.3135, and subsections (2) and (6) of section 402.45, 3 Florida Statutes, are repealed. 4 Section 27. Effective January 1, 2002, paragraph (a) 5 of subsection (1) of section 391.304 and section 411.222, 6 Florida Statutes, are repealed. 7 Section 28. Section 228.082, Florida Statutes, is 8 amended to read: 9 228.082 The Florida Virtual On-Line High School.-- 10 (1)(a) The Florida Virtual On-Line High School is 11 established for the development and delivery of on-line and 12 distance learning education and shall be administratively 13 housed within the Commissioner of Education's Office of 14 Technology and Information Services. The Commissioner of 15 Education shall monitor the school's performance and report 16 its performance to the Florida Board of Education and the 17 Legislature. 18 (b) The mission of the Florida Virtual High School is 19 to provide students with high-quality technology-based 20 educational opportunities to gain the knowledge and skills 21 necessary to succeed in the 21st century. The school shall 22 serve any student in the state who meets the profile for 23 success in this educational delivery context and shall give 24 priority to: 25 1. Students who need expanded access to courses in 26 order to meet their educational goals, such as home education 27 students and students in inner-city and rural high schools who 28 do not have access to higher-level courses. 29 2. Students seeking accelerated access in order to 30 obtain a high school diploma at least one semester early. 31 (c) To ensure students are informed of the 84 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 opportunities offered by the Florida Virtual High School, the 2 commissioner shall provide the board of trustees access to the 3 records of public school students in a format prescribed by 4 the board of trustees. 5 6 The board of trustees of the Florida Virtual High School shall 7 identify appropriate performance measures and standards based 8 on student achievement that reflect the school's statutory 9 mission and priorities, and shall implement an accountability 10 system for the school that includes assessment of its 11 effectiveness and efficiency in providing quality services 12 that encourage high student achievement, seamless 13 articulation, and maximum access. 14 (2) The Florida Virtual On-Line High School shall be 15 governed by a board of trustees comprised of seven members 16 appointed by the Governor to 4-year staggered terms, one of 17 whom shall be the current chair of the Florida High School 18 Advisory Board and one of whom shall be a representative of 19 the fiscal agent, and one of whom shall be the Chief 20 Information Officer or his designee from the State Technology 21 Office pursuant to ch. 2000-164, Laws of Florida. The board 22 shall be a public agency entitled to sovereign immunity 23 pursuant to s. 768.28, and board members shall be public 24 officers who shall bear fiduciary responsibility for the 25 Florida Virtual On-Line High School. The board of trustees 26 shall have the following powers and duties: 27 (a)1. The board of trustees shall meet within 30 days 28 of July 1, 2000, and shall continue to meet at least 4 times 29 each year, upon the call of the chair, or at the request of a 30 majority of the membership. 31 (b) Until not more than 60 days after the initial 85 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 meeting of the board, the current governance structure of the 2 Florida On-Line High School shall be maintained. 3 2.(c) The fiscal year for the Florida Virtual On-Line 4 High School shall be the state fiscal year as provided in s. 5 216.011(1)(n). 6 (b) The board of trustees shall be responsible for the 7 Florida Virtual High School's development of a 8 state-of-the-art technology-based education delivery system 9 that is cost-effective, educationally sound, marketable, and 10 capable of sustaining a self-sufficient delivery system 11 through the Florida Education Finance Program, by fiscal year 12 2003-2004. Beginning in fiscal year 2001-2002, the school 13 shall collect and report data for all students served and 14 credit awarded. This data shall be segregated by private, 15 public, and home school students by program. Information shall 16 also be collected which reflects any other school in which a 17 virtual high school student is enrolled. 18 (c)(d) The board of trustees shall aggressively seek 19 avenues to generate revenue to support its future endeavors, 20 and shall enter into agreements with distance learning 21 providers. The board of trustees and may acquire, enjoy, use, 22 and dispose of patents, copyrights, and trademarks and any 23 licenses and other rights or interests thereunder or therein. 24 Ownership of all such patents, copyrights, trademarks, 25 licenses, and rights or interests thereunder or therein shall 26 vest in the state, with the board having full right of use and 27 full right to retain the revenues derived therefrom. Any funds 28 realized from patents, copyrights, trademarks, or licenses 29 shall be used to support the school's research and development 30 activities in order to improve courseware and services to its 31 students. 86 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (d)(e) The board of trustees shall annually prepare 2 and submit to the Florida Board of Education a legislative 3 budget request, including funding requests for computers for 4 public school students who do not have access to public school 5 computers, in accordance with chapter 216 and s. 235.41. The 6 legislative budget request of the Florida Virtual On-Line High 7 School shall be prepared using the same format, procedures, 8 and timelines required for the submission of the legislative 9 budget of the Department of Education. 10 (e)(f) In accordance with law and rules of the Florida 11 Board of Education, the board of trustees shall administer and 12 maintain personnel programs for all employees of the board of 13 trustees and the Florida Virtual On-Line High School. The 14 board of trustees may adopt rules, policies, and procedures 15 related to the appointment, employment, and removal of 16 personnel. 17 1. The board of trustees shall determine the 18 compensation, including salaries and fringe benefits, and 19 other conditions of employment for such personnel. 20 2. The board of trustees may establish and maintain a 21 personnel loan or exchange program by which persons employed 22 by the board for the Florida Virtual On-Line High School as 23 academic administrative and instructional staff may be loaned 24 to, or exchanged with persons employed in like capacities by, 25 public agencies either within or without this state, or by 26 private industry. With respect to public agency employees, the 27 program authorized by this subparagraph shall be consistent 28 with the requirements of part II of chapter 112. The salary 29 and benefits of board personnel participating in the loan or 30 exchange program shall be continued during the period of time 31 they participate in a loan or exchange program, and such 87 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 personnel shall be deemed to have no break in creditable or 2 continuous service or employment during such time. The salary 3 and benefits of persons participating in the personnel loan or 4 exchange program who are employed by public agencies or 5 private industry shall be paid by the originating employers of 6 those participants, and such personnel shall be deemed to have 7 no break in creditable or continuous service or employment 8 during such time. 9 3. The employment of all Florida Virtual On-Line High 10 School academic administrative and instructional personnel 11 shall be subject to rejection for cause by the board of 12 trustees, and shall be subject to policies of the board of 13 trustees relative to certification, tenure, leaves of absence, 14 sabbaticals, remuneration, and such other conditions of 15 employment as the board deems necessary and proper, not 16 inconsistent with law. 17 4. Each person employed by the board of trustees in an 18 academic administrative or instructional capacity with the 19 Florida Virtual On-Line High School shall be entitled to a 20 contract as provided by rules of the board. 21 5. All employees except temporary, seasonal, and 22 student employees may be state employees for the purpose of 23 being eligible to participate in the Florida Retirement System 24 and receive benefits. The classification and pay plan, 25 including terminal leave and other benefits, and any 26 amendments thereto, shall be subject to review and approval by 27 the Department of Management Services and the Executive Office 28 of the Governor prior to adoption. In the event that the board 29 of trustees assumes responsibility for governance pursuant to 30 this section before approval is obtained, employees shall be 31 compensated pursuant to the system in effect for the employees 88 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 of the fiscal agent. 2 (f)(g) The board of trustees shall establish 3 priorities for admission of students in accordance with 4 paragraph (1)(b). 5 (g)(h) The board of trustees shall establish and 6 distribute to all school districts and high schools in the 7 state procedures for enrollment of students into courses 8 offered by the Florida Virtual On-Line High School. Such 9 procedures shall be designed to minimize paperwork and fairly 10 resolve the issue of double funding students taking courses 11 online maximize participation by students. 12 (h)(i) The board of trustees shall annually submit to 13 the Florida Board Department of Education both forecasted and 14 actual enrollments for the Florida Virtual On-Line High 15 School, according to procedures established by the Florida 16 Board Department of Education. At a minimum, such procedures 17 must include the number of public, private, and home school 18 students served by district. 19 (i)(j) The board of trustees shall provide for the 20 content and custody of student and employee personnel records. 21 Student records shall be subject to the provisions of s. 22 228.093. Employee records shall be subject to the provisions 23 of s. 231.291. 24 (j)(k) The financial records and accounts of the 25 Florida Virtual On-Line High School shall be maintained under 26 the direction of the board of trustees and under regulations 27 prescribed by the Florida State Board of Education for the 28 uniform system of financial records and accounts for the 29 schools of the state. 30 31 The Governor shall designate the initial chair of the board of 89 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 trustees to serve a term of 4 years. Members of the board of 2 trustees shall serve without compensation, but may be 3 reimbursed for per diem and travel expenses pursuant to s. 4 112.061. The board of trustees shall be a body corporate with 5 all the powers of a body corporate and such authority as is 6 needed for the proper operation and improvement of the Florida 7 Virtual On-Line High School. The board of trustees is 8 specifically authorized to adopt rules, policies, and 9 procedures, consistent with law and rules of the Florida Board 10 of Education related to governance, personnel, budget and 11 finance, administration, programs, curriculum and instruction, 12 travel and purchasing, technology, students, contracts and 13 grants, and property as necessary for optimal, efficient 14 operation of the Florida Virtual On-Line High School. Tangible 15 personal property owned by the board of trustees shall be 16 subject to the provisions of chapter 273. 17 (3)(a) Until fiscal year 2003-2004, the Commissioner 18 of Education shall include the Florida Virtual On-Line High 19 School as a grant-in-aid appropriation in the department's 20 legislative budget request to the Florida State Board of 21 Education, the Governor, and the Legislature,. 22 (a) subject to any guidelines imposed in the General 23 Appropriations Act, funds for the operation of the Florida 24 On-Line High School shall be requested and appropriated within 25 the Department of Education as a grant-in-aid category until 26 such time as the Legislature authorizes a different funding 27 mechanism. 28 (b) The Orange County District School Board shall be 29 the temporary fiscal agent of the Florida Virtual On-Line High 30 School. 31 (c) Priorities for the delivery of services by the 90 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Florida On-Line High School shall ensure that priority access 2 is provided equitably across the state. 3 (4) Under no circumstance may the credit of the state 4 be pledged on behalf of the Florida Virtual On-Line High 5 School. 6 (5) By January 1, 2001, The board of trustees shall 7 annually submit to the Governor, the Legislature, the 8 Commissioner of Education, and the Florida Board of Education 9 Reorganization Transition Commission a complete and detailed 10 report setting forth: 11 (a) The operations and accomplishments of the Florida 12 Virtual On-Line High School. 13 (b) The marketing and operational plan for the Florida 14 Virtual On-Line High School, including recommendations 15 regarding methods for improving the delivery of education 16 through the Internet and other distance learning technology. 17 (c) The assets and liabilities of the Florida Virtual 18 On-Line High School at the end of the fiscal year. 19 (d) A copy of an annual financial and compliance audit 20 of the accounts and records of the Florida Virtual On-Line 21 High School, conducted by an independent certified public 22 accountant and performed in accordance with rules adopted by 23 the Auditor General. 24 (e) Recommendations regarding the unit cost of 25 providing services to students. In order to most effectively 26 develop public policy regarding any future funding of the 27 Florida Virtual On-Line High School, it is imperative that the 28 cost of the program is accurately identified. The identified 29 cost of the program must be based on reliable data and reflect 30 the costs associated with maintaining a state-of-the-art 31 on-line high school, including the costs associated with 91 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 maintaining a high-quality research and development effort to 2 locate and assimilate, or develop, Internet-based courses. 3 (f) Recommendations regarding an accountability 4 mechanism to assess the effectiveness of the services provided 5 by the Florida Virtual On-Line High School. 6 (6) The Auditor General may, pursuant to his or her 7 own authority, or at the direction of the Joint Legislative 8 Auditing Committee, conduct an audit of the Florida Virtual 9 On-Line High School. 10 (7) The Florida State Board of Education may adopt 11 rules it deems necessary to implement reporting requirements 12 for the Florida Virtual On-Line High School. 13 Section 29. The Department of Education shall maximize 14 the available federal indirect cost allowed on all federal 15 grants. Beginning with the 2002-2003 fiscal year, none of the 16 funds received from indirect cost allowance shall be expended 17 by the department without specific appropriation by the 18 Legislature. Funds received pursuant to s. 240.241, Florida 19 Statutes, are specifically exempt from this provision. 20 Section 30. Effective June 30, 2002, section 229.8065, 21 Florida Statutes, is repealed. 22 Section 31. Effective July 1, 2002, subsection (2) of 23 section 229.085, Florida Statutes, is amended to read: 24 229.085 Custody of educational funds.-- 25 (2) There is created in the Department of Education 26 the Projects, Contracts, and Grants Trust Fund. If, in 27 executing the terms of such grants or contracts for specific 28 projects, the employment of personnel shall be required, such 29 personnel shall not be subject to the requirements of s. 30 216.262(1)(a). The personnel employed to plan and administer 31 grants or contracts for specific such projects shall be 92 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 considered in time-limited employment not to exceed the 2 duration of the grant or until completion of the project, 3 whichever first occurs. Such employees shall not acquire 4 retention rights under the Career Service System, the 5 provisions of s. 110.051(1) to the contrary notwithstanding. 6 Any employee holding permanent career service status in a 7 Department of Education position who is appointed to a 8 position under the Projects, Contracts, and Grants Trust Fund 9 shall retain such permanent status in the career service 10 position. 11 Section 32. Subsection (6) of section 240.205, Florida 12 Statutes, is amended to read: 13 240.205 Board of Regents incorporated.--The Board of 14 Regents is hereby created as a body corporate with all the 15 powers of a body corporate for all the purposes created by, or 16 that may exist under, the provisions of this chapter or laws 17 amendatory hereof and shall: 18 (6) Acquire real and personal property and contract 19 for the sale and disposal of same and approve and execute 20 contracts for the acquisition of commodities, goods, 21 equipment, contractual services, leases of real and personal 22 property, and construction. The acquisition may include 23 purchase by installment or lease-purchase. Such contracts may 24 provide for payment of interest on the unpaid portion of the 25 purchase price. The board may also acquire the same 26 commodities, goods, equipment, contractual services, leases, 27 and construction for use by a university when the contractual 28 obligation exceeds $1 million. Title to all real property, 29 however acquired, shall be vested in the Board of Trustees of 30 the Internal Improvement Trust Fund and shall be transferred 31 and conveyed by it. Notwithstanding any other provisions of 93 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 this subsection, the Board of Regents shall comply with the 2 provisions of s. 287.055 for the procurement of professional 3 services as defined therein. 4 Section 33. Subsections (2), (4), and (5), paragraphs 5 (b), (c), and (d) of subsection (1), and paragraphs (a), (c), 6 (d), and (e) of subsection (3) of section 235.217, Florida 7 Statutes, are repealed. 8 Section 34. Sections 240.145, 240.147, 240.227, 9 240.307, subsection (2) of section 240.209, and subsection (4) 10 of section 240.311, Florida Statutes, are repealed. 11 Section 35. Section 240.3836, Florida Statutes, is 12 amended to read: 13 240.3836 Site-determined baccalaureate degree access 14 program; funding.-- 15 (1) The Legislature recognizes that public and private 16 postsecondary education institutions play essential roles in 17 improving the quality of life and economic well-being of the 18 state and its residents. The Legislature also recognizes that 19 economic development needs and the educational needs of 20 place-bound, nontraditional students have increased the demand 21 for local access to baccalaureate degree programs. In some, 22 but not all, geographic regions, baccalaureate degree programs 23 are being delivered successfully at the local community 24 college through agreements between the community college and 25 4-year postsecondary institutions within or outside of the 26 state. It is therefore the intent of the Legislature to 27 further expand access to baccalaureate degree programs through 28 the use of community colleges apply this concept in the 29 creation and funding of a program that supports local economic 30 development and responds to public demand for increased access 31 to baccalaureate degrees in areas of the state that are 94 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 underserved by 4-year institutions. 2 (2) A community college may be authorized by the 3 Florida Board of Education to offer a limited number of 4 baccalaureate degrees designed to meet local workforce needs 5 through one of the following processes: 6 (a) A community college may enter into a formal 7 agreement with the state university in its service area for 8 the community college to deliver specified baccalaureate 9 degree programs. The agreement must be submitted to the 10 Florida Board of Education for approval. The community 11 college's proposal must include the following information: 12 1. Demand for the baccalaureate degree program is 13 identified by the workforce development board, local 14 businesses and industry, local chambers of commerce, and 15 potential students. 16 2. Unmet need for graduates of the proposed degree 17 program is substantiated. 18 3. The community college has the facilities and 19 academic resources to deliver the program. 20 21 The proposal must be submitted to the Council for Education 22 Policy Research and Improvement for review and comment. Upon 23 approval of the Florida Board of Education for the specific 24 degree program or programs, the community college shall pursue 25 regional accreditation by the Commission on Colleges of the 26 Southern Association of Colleges and Schools. Any additional 27 baccalaureate degree programs the community college wishes to 28 offer must be approved by the Florida Board of Education. 29 (b) A community college may develop a proposal to 30 deliver specified baccalaureate degree programs in its 31 district. The proposal must be submitted to the Florida Board 95 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 of Education for approval. The community college's proposal 2 must include the following information: 3 1. Demand for the baccalaureate degree program is 4 identified by the workforce development board, local 5 businesses and industry, local chambers of commerce, and 6 potential students. 7 2. Unmet need for graduates of the proposed degree 8 program is substantiated. 9 3. The community college has the facilities and 10 academic resources to deliver the program. 11 12 The proposal must be submitted to the Council for Education 13 Policy Research and Improvement for review and comment. Upon 14 approval of the Florida Board of Education for the specific 15 degree program or programs, the community college shall pursue 16 regional accreditation by the Commission on Colleges of the 17 Southern Association of Colleges and Schools. Any additional 18 baccalaureate degree programs the community college wishes to 19 offer must be approved by the Florida Board of Education. 20 (3) A community college may not terminate its 21 associate in arts or associate in science degree programs as a 22 result of the authorization provided in subsection (2). The 23 Legislature intends that the primary mission of a community 24 college, including a community college that offers 25 baccalaureate degree programs, continues to be the provision 26 of associate degrees that provide access to a university. 27 (2) Categorical funding is authorized for the 28 site-determined baccalaureate degree access program created by 29 this section. Funds may not be used to support the 30 construction, renovation, or remodeling of facilities. This 31 program is voluntary and does not preclude other mutually 96 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 agreed upon arrangements between community colleges and 4-year 2 institutions for the delivery of baccalaureate degrees on 3 community college sites. 4 (3) Each community college wishing to participate in 5 the site-determined baccalaureate degree access program must: 6 (a) Identify baccalaureate degree programs that are 7 not currently offered at the community college but are 8 proposed for delivery at the college to meet the academic and 9 economic development needs of one or more communities within 10 the college's service area. When assessing local needs, the 11 college should seek input from the appropriate chamber of 12 commerce, workforce development council, and other civic and 13 business groups. As used in this section, the term "economic 14 development" means entrepreneurial efforts, the attraction of 15 new business and industry to the area, and the expansion of 16 existing business and industry. 17 (b) Determine the number of students interested in 18 pursuing each proposed baccalaureate degree program and 19 identify the enrollment patterns, any special characteristics 20 of those students, and any unique combination or modification 21 of course offerings that may be necessary to meet student 22 enrollment needs. 23 (c) Submit a proposal to the Postsecondary Education 24 Planning Commission requesting validation of the need for the 25 proposed baccalaureate degree program and tentative approval 26 for program funding. The proposal must include: 27 1. A description of each proposed baccalaureate degree 28 program identifying the junior-level and senior-level courses 29 to be offered and designating whether the program should be 30 offered for a cohort group or as an ongoing degree program. 31 2. Evidence that local occupational forecasts support 97 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 the existence of jobs for graduates of the proposed 2 baccalaureate degree programs. 3 3. An estimated number of students to be served by 4 each proposed degree program. 5 4. An assurance that the community college's existing 6 facilities are sufficient to meet the additional demands for 7 classroom and laboratory space for the proposed degree 8 programs. 9 5. Evidence that the college has requested the 10 participation of no fewer than three regionally accredited 11 4-year postsecondary institutions, including at least one 12 member of the State University System. Any member of the 13 State University System and any independent, regionally 14 accredited, 4-year institution that is chartered in, and has 15 its primary campus located in, Florida may be a partner in a 16 site-determined baccalaureate degree access program at any 17 community college. 18 6. A tentative agreement between the community college 19 and the 4-year postsecondary institution selected to offer the 20 upper-level courses leading to the proposed degree or degrees. 21 7. Any additional provisions that the Postsecondary 22 Education Planning Commission considers pertinent to the 23 proposal. 24 (4) The Postsecondary Education Planning Commission, 25 after soliciting comments from the Board of Regents and the 26 State Board of Community Colleges, shall validate the need for 27 each baccalaureate degree program proposed for delivery 28 according to this section and shall notify the community 29 college that its proposal has been approved or rejected. The 30 commission shall establish procedures for the timely 31 submission, review, and approval of the proposals and 98 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 agreements required by this section. These procedures must be 2 designed to allow the initiation of approved baccalaureate 3 degree programs at least 3 times each fiscal year. 4 (5) Once the Postsecondary Education Planning 5 Commission validates the need for the proposed baccalaureate 6 degree program and notifies the community college that its 7 proposal has been approved, the community college shall 8 finalize an agreement with the regionally accredited, public 9 or nonpublic, 4-year postsecondary institution selected to 10 provide the upper-level instructional services in the approved 11 baccalaureate degree program. The commission shall identify 12 the common aspects that each agreement must address, 13 including, but not limited to: 14 (a) A course delivery pattern based on the student 15 enrollment patterns and characteristics included in the 16 approved proposal. 17 (b) An articulation provision that guarantees 18 acceptance of students who hold an associate in arts or 19 associate in science degree and satisfy any other 20 prerequisites for admission to the specific baccalaureate 21 degree program. 22 (c) The provision of library services and student 23 support services. 24 (d) An agreement that the participating 4-year 25 postsecondary institution will continue offering instructional 26 services at least until all qualified members of the initial 27 group of students have had an opportunity to complete the 28 degree program. 29 (e) The specific and measurable performance criteria 30 that the Postsecondary Education Planning Commission may use 31 to evaluate the outcomes and outputs of the baccalaureate 99 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 degree program within an identified timeframe. 2 (f) An agreement that in-state student tuition for the 3 degree program will not exceed the matriculation fee for the 4 State University System unless the proposal approved by the 5 Postsecondary Education Planning Commission allows the 6 participating institutions to charge differentiated tuition 7 and fees to encourage student attendance and participation. 8 Out-of-state students shall pay full costs. Notwithstanding 9 s. 240.605, students participating in a site-determined 10 baccalaureate degree program may not receive a Florida 11 Resident Access Grant. 12 (6) Each participating community college must submit 13 the agreement required by this section to the Postsecondary 14 Education Planning Commission for review and final approval 15 before initiating an approved site-determined baccalaureate 16 degree access program. Subject to the availability of 17 legislative appropriations specifically provided for this 18 purpose, the Postsecondary Education Planning Commission must 19 recommend to the Commissioner of Education the total funds to 20 be released to each participating community college for the 21 initiation of the approved site-determined baccalaureate 22 degree access program. The community college shall distribute 23 funds to the participating 4-year postsecondary institution at 24 the rate specified in the approved agreement. The 25 Postsecondary Education Planning Commission shall not 26 recommend the release of funding for any program that is 27 terminated before or after the evaluation required by this 28 section. The total funds to be released for the initiation of 29 an approved program shall be based on the number of fundable 30 upper-level student credit hours for each term. Unless 31 otherwise provided in an appropriations act, the funding per 100 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 credit hour shall be an amount equal to the state funds, 2 excluding student fees, appropriated to the State University 3 System for each full-time equivalent student enrolled in 4 upper-level course work. Student credit hours funded under 5 this program may not be duplicated in any other calculation of 6 state funding for the 4-year institution. 7 (7) The Postsecondary Education Planning Commission 8 may require the participating community colleges and 4-year 9 postsecondary institutions to submit information necessary to 10 monitor the annual performance of the program. Within 90 days 11 after the 2nd and 4th year of the site-determined 12 baccalaureate degree access program, the commission shall 13 submit to the chairs of the education and fiscal committees of 14 the Legislature a progress report, including an evaluation of 15 the funding mechanism created by this section. The commission 16 shall review each site-determined baccalaureate degree access 17 program funded under this section to ascertain whether the 18 performance measures specified in the agreement between the 19 participating community college and the 4-year institution 20 have been met. Each program must be reviewed 4 years after 21 initiation unless a shorter timeframe is specified in the 22 agreement. The performance measures must include the student 23 graduation rate, the employment rate of program graduates both 24 within and outside the community college service area, the 25 continuing need to offer the specific baccalaureate degree 26 program in the community college service area, and such other 27 information as the Postsecondary Education Planning Commission 28 may determine necessary for program and performance 29 evaluation. Based on its evaluation, the commission shall 30 either approve continuation of the program, require 31 modifications prior to program approval, or recommend that the 101 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 participating institutions terminate the program after all 2 qualified members of the initial group of students have an 3 opportunity to complete the degree program. The commission 4 must submit to the Commissioner of Education for inclusion in 5 the legislative budget a request for funding for approved 6 site-determined baccalaureate degree access programs. 7 (8) If no accredited 4-year institution is willing to 8 provide a baccalaureate degree program approved by the 9 Postsecondary Education Planning Commission under this 10 section, the community college board of trustees may ask the 11 commission to evaluate the college's request to offer the 12 degree program. If the commission is satisfied that the 13 community college should offer the degree program, it shall 14 recommend to the Legislature the enactment of statutory 15 authority for the community college to offer that specific 16 baccalaureate degree program. 17 Section 36. Effective July 1, 2001, subsection (5) of 18 section 240.2011, Florida Statutes, is amended, and subsection 19 (12) is added to said section, to read: 20 240.2011 State University System defined.--The State 21 University System shall consist of the following: 22 (5) The University of South Florida, with a main 23 campus located in Hillsborough County and two fiscally 24 autonomous campuses, one in Pinellas County, named the 25 University of South Florida St. Petersburg, and the other 26 named the University of South Florida Sarasota/Manatee. 27 (12) New College of Florida, located in Sarasota 28 County, which is the 4-year residential liberal arts honors 29 college of the State of Florida. 30 Section 37. Section 240.527, Florida Statutes, is 31 amended to read: 102 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (Substantial rewording of section. See 2 s. 240.527, F.S., for present text.) 3 240.527 The University of South Florida St. 4 Petersburg.-- 5 (1) The St. Petersburg campus of the University of 6 South Florida is established and shall be known as the 7 "University of South Florida St. Petersburg." 8 (a) The Legislature intends that the University of 9 South Florida St. Petersburg be operated and maintained as a 10 separate organizational and budget entity of the University of 11 South Florida, and that all legislative appropriations for the 12 University of South Florida St. Petersburg be set forth as 13 separate line items in the annual General Appropriations Act. 14 (b) The University of South Florida St. Petersburg 15 shall have a Campus Board and a Campus Executive Officer. 16 (c) As soon as possible, but no later than the 17 effective date of this act, the President of the University of 18 South Florida shall begin the process of application to the 19 Commission on Colleges of the Southern Association of Colleges 20 and Schools for separate accreditation of the University of 21 South Florida St. Petersburg. If the application is not 22 approved or is provisionally approved, the University of South 23 Florida shall correct any identified deficiencies and shall 24 continue to work for accreditation. 25 (2) The Board of Trustees of the University of South 26 Florida shall appoint to the Campus Board, from 27 recommendations of the President of the University of South 28 Florida, five residents of Pinellas County. If a resident of 29 Pinellas County is appointed to the Board of Trustees of the 30 University of South Florida, the board shall appoint that 31 member to serve jointly as a member of the Campus Board. If 103 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 more than one Pinellas County resident is appointed to the 2 Board of Trustees, the board shall select one joint member. 3 The Board of Trustees may reappoint a member to the Campus 4 Board for one additional term. The Campus Board has the powers 5 and duties provided by law, which include the authority to: 6 (a) Review and approve an annual legislative budget 7 request to be submitted to the Commissioner of Education. The 8 Campus Executive Officer shall prepare the legislative budget 9 request in accordance with guidelines established by the 10 Florida Board of Education. This request must include items 11 for campus operations and fixed capital outlay. 12 (b) Approve and submit an annual operating plan and 13 budget for review and consultation by the Board of Trustees of 14 the University of South Florida. The campus operating budget 15 must reflect the actual funding available to that campus from 16 separate line-item appropriations contained in each annual 17 General Appropriations Act, which line-item appropriations 18 must initially reflect the funds reported to the Legislature 19 for the University of South Florida St. Petersburg campus for 20 fiscal year 2000-2001 and any additional funds provided in the 21 fiscal year 2001-2002 legislative appropriation. 22 (c) Enter into central support services contracts with 23 the Board of Trustees of the University of South Florida for 24 any services that the St. Petersburg campus cannot provide 25 more economically, including payroll processing, accounting, 26 technology, construction administration, and other desired 27 services. However, all legal services for the campus must be 28 provided by a central services contract with the university. 29 The Board of Trustees of the University of South Florida and 30 the Campus Board shall determine in a letter of agreement any 31 allocation or sharing of student fee revenue between the 104 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 University of South Florida's main campus and the St. 2 Petersburg campus. 3 4 The Board of Trustees of the University of South Florida may 5 lawfully delegate other powers and duties to the Campus Board 6 for the efficient operation and improvement of the campus and 7 for the purpose of vesting in the campus the attributes 8 necessary to meet the requirements for separate accreditation 9 by the Southern Association of Colleges and Schools. 10 (3) The University of South Florida St. Petersburg 11 shall be administered by a Campus Executive Officer who shall 12 be appointed by, report directly to, and serve at the pleasure 13 of the President of the University of South Florida. The 14 President shall consult with the Campus Board before hiring or 15 terminating the Campus Executive Officer. The Campus Executive 16 Officer has authority and responsibility as provided in law, 17 including the authority to: 18 (a) Administer campus operations within the annual 19 operating budget as approved by the Campus Board. 20 (b) Recommend to the Campus Board an annual 21 legislative budget request that includes funding for campus 22 operations and fixed capital outlay. 23 (c) Recommend to the Campus Board an annual campus 24 operating budget. 25 (d) Recommend to the Campus Board appropriate services 26 and terms and conditions to be included in annual central 27 support services contracts. 28 (e) Carry out any additional responsibilities assigned 29 or delegated by the President of the University of South 30 Florida for the efficient operation and improvement of the 31 campus, especially any authority necessary for the purpose of 105 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 vesting in the campus attributes necessary to meet the 2 requirements for separate accreditation. 3 (4) Students enrolled at the University of South 4 Florida, including those enrolled at a branch campus, have the 5 same rights and obligations as provided by law, policy, or 6 rule adopted by the University of South Florida, the Florida 7 Department of Education, or other lawful entity. The 8 University of South Florida shall provide a comprehensive and 9 coordinated system of student registration so that a student 10 enrolled at any campus of the University of South Florida has 11 the ability to register for courses at any other campus of the 12 University of South Florida. 13 (5) The following entities are not affected by this 14 section and remain under the administrative control of the 15 University of South Florida: 16 (a) The University of South Florida College of Marine 17 Science, which is a component college of the main campus. 18 (b) The Florida Institute of Oceanography, which is a 19 Type One Institute. 20 (c) The University of South Florida Pediatric Research 21 Center. 22 (d) The University of South Florida/USGS joint 23 facility. 24 Section 38. The University of South Florida 25 Sarasota/Manatee.-- 26 (1) The Sarasota/Manatee campus of the University of 27 South Florida is established and shall be known as the 28 "University of South Florida Sarasota/Manatee." 29 (a) The Legislature intends that the University of 30 South Florida Sarasota/Manatee be operated and maintained as a 31 separate organizational and budget entity of the University of 106 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 South Florida and that all legislative appropriations for the 2 University of South Florida Sarasota/Manatee be set forth as 3 separate line items in the annual General Appropriations Act. 4 (b) The University of South Florida Sarasota/Manatee 5 shall have a Campus Board and a Campus Executive Officer. 6 (c) As soon as possible, but no later than July 1, 7 2002, the President of the University of South Florida shall 8 begin the process of application to the Commission on Colleges 9 of the Southern Association of Colleges and Schools for 10 separate accreditation of the University of South Florida 11 Sarasota/Manatee. If the application is not approved or is 12 provisionally approved, the University of South Florida shall 13 correct any identified deficiencies and shall continue to work 14 for accreditation. 15 (2) The Board of Trustees of the University of South 16 Florida shall appoint to the Campus Board, from 17 recommendations of the President of the University of South 18 Florida, three residents of Manatee County and two residents 19 of Sarasota County, to serve 4-year staggered terms. If one or 20 more residents of Sarasota County or Manatee County are 21 appointed to the Board of Trustees of the University of South 22 Florida, the board shall, at the next vacancy of the Campus 23 Board, appoint one of those members to serve jointly as a 24 member of the Campus Board. The Board of Trustees may 25 reappoint a member to the Campus Board for one additional 26 term. The Campus Board has the powers and duties provided by 27 law, which include the authority to: 28 (a) Review and approve an annual legislative budget 29 request to be submitted to the Commissioner of Education. The 30 Campus Executive Officer shall prepare the legislative budget 31 request in accordance with guidelines established by the 107 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Florida Board of Education. This request must include items 2 for campus operations and fixed capital outlay. 3 (b) Approve and submit an annual operating plan and 4 budget for review and consultation by the Board of Trustees of 5 the University of South Florida. The campus operating budget 6 must reflect the actual funding available to that campus from 7 separate line-item appropriations contained in each annual 8 General Appropriations Act, which line-item appropriations 9 must initially reflect the funds reported to the Legislature 10 for the University of South Florida Sarasota/Manatee campus 11 for fiscal year 2000-2001 and any additional funds provided in 12 the fiscal year 2001-2002 legislative appropriation. 13 (c) Enter into central support services contracts with 14 the Board of Trustees of the University of South Florida for 15 any services that the campus at Sarasota/Manatee cannot 16 provide more economically, including payroll processing, 17 accounting, technology, construction administration, and other 18 desired services. However, all legal services for the campus 19 must be provided by a central services contract with the 20 university. The Board of Trustees of the University of South 21 Florida and the Campus Board shall determine in a letter of 22 agreement any allocation or sharing of student fee revenue 23 between the University of South Florida's main campus and the 24 Sarasota/Manatee campus. 25 26 The Board of Trustees of the University of South Florida may 27 lawfully delegate other powers and duties to the Campus Board 28 for the efficient operation and improvement of the campus and 29 for the purpose of vesting in the campus the attributes 30 necessary to meet the requirements for separate accreditation 31 by the Southern Association of Colleges and Schools. 108 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (3) The University of South Florida Sarasota/Manatee 2 shall be administered by a Campus Executive Officer who shall 3 be appointed by, report directly to, and serve at the pleasure 4 of the President of the University of South Florida. The 5 President shall consult with the Campus Board before hiring or 6 terminating the Campus Executive Officer. The Campus Executive 7 Officer has authority and responsibility as provided in law, 8 including the authority to: 9 (a) Administer campus operations within the annual 10 operating budget as approved by the Campus Board. 11 (b) Recommend to the Campus Board an annual 12 legislative budget request that includes funding for campus 13 operations and fixed capital outlay. 14 (c) Recommend to the Campus Board an annual campus 15 operating budget. 16 (d) Recommend to the Campus Board appropriate services 17 and terms and conditions to be included in annual central 18 support services contracts. 19 (e) Carry out any additional responsibilities assigned 20 or delegated by the President of the University of South 21 Florida for the efficient operation and improvement of the 22 campus, especially any authority necessary for the purpose of 23 vesting in the campus attributes necessary to meet the 24 requirements for separate accreditation. 25 (4) Students enrolled at the University of South 26 Florida, including those enrolled at a branch campus, have the 27 same rights and obligations as provided by law, policy, or 28 rule adopted by the University of South Florida, the Florida 29 Department of Education, or other lawful entity. The 30 University of South Florida shall provide a comprehensive and 31 coordinated system of student registration so that a student 109 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 enrolled at any campus of the University of South Florida has 2 the ability to register for courses at any other campus of the 3 University of South Florida. 4 (5) Promote technology transfer between the research 5 operations of the University of South Florida and local 6 economic development agencies. 7 Section 39. New College of Florida.-- 8 (1) MISSION AND GOALS.--As a member of the State 9 University System of Florida, New College of Florida preserves 10 its distinctive mission as a residential liberal arts honors 11 college. To maintain this mission, New College of Florida has 12 the following goals: 13 (a) To provide a quality education to students of high 14 ability who, because of their ability, deserve a program of 15 study that is both demanding and stimulating. 16 (b) To engage in undergraduate educational reform by 17 combining educational innovation with educational excellence. 18 (c) To provide programs of study that allow students 19 to design their educational experience as much as possible in 20 accordance with their individual interests, values, and 21 abilities. 22 (d) To challenge undergraduates not only to master 23 existing bodies of knowledge but also to extend the frontiers 24 of knowledge through original research. 25 (2) ACCREDITATION.--As soon as possible, New College 26 of Florida shall apply to the Commission on Colleges of the 27 Southern Association of Colleges and Schools for separate 28 accreditation. 29 (3) BOARD OF TRUSTEES.--The Governor shall appoint 12 30 members to the Board of Trustees, to serve 4-year staggered 31 terms, as follows: 110 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (a) Three residents of Sarasota County. 2 (b) Two residents of Manatee County. 3 (c) Until the expiration date of the terms of office 4 of the members who are on the board June 30, 2001, seven 5 members selected from the Board of Trustees of the New College 6 Foundation. 7 8 In addition, a student body president shall shall be a voting 9 member of the board. 10 Section 40. St. Petersburg College.-- 11 (1) LEGISLATIVE INTENT.--The Legislature intends to 12 create an innovative means to increase access to baccalaureate 13 degree level education in populous counties that are 14 underserved by public baccalaureate degree granting 15 institutions. This education is intended to address the 16 state's workforce needs, especially the need for teachers, 17 nurses, and business managers in agencies and firms that 18 require expertise in technology. 19 (2) ST. PETERSBURG COLLEGE; MISSION; POLICIES.--St. 20 Petersburg Junior College is redesignated as St. Petersburg 21 College. The college shall immediately seek accreditation from 22 the Southern Association of Colleges and Schools as a 23 baccalaureate degree granting college. 24 (a) The primary mission of St. Petersburg College is 25 to provide high-quality undergraduate education at an 26 affordable price for students and the state. The purpose is to 27 promote economic development by preparing people for 28 occupations that require a bachelor's degree and are in demand 29 by existing or emerging public and private employers in this 30 state. 31 (b) St. Petersburg College shall maintain the mission 111 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 and policies of a Florida community college, including the 2 open-door admissions policy and the authority to offer all 3 programs consistent with a public community college's 4 authority. 5 (c) St. Petersburg College shall maintain the 6 distinction between the college and its university center. St. 7 Petersburg College is limited to community college programs 8 and to selected baccalaureate degree level programs that meet 9 community needs and are authorized as provided by this 10 section. The University Center may make available more diverse 11 program offerings, but those programs are offered by a 12 participating college or university and are not to be 13 classified or funded as programs of St. Petersburg College. 14 (d) The academic policies of the upper-division 15 program at St. Petersburg College must be in accordance with 16 policies of the State University System. 17 (e) Sections 240.293 and 240.2945, Florida Statutes, 18 apply to St. Petersburg College. 19 (3) STUDENTS; FEES.-- 20 (a) St. Petersburg College shall maintain separate 21 records for students who are enrolled in courses classified in 22 the upper division and lower division of a baccalaureate 23 program, according to the common course numbering and 24 designation system. A student shall be reported as a community 25 college student for enrollment in a lower-division course and 26 as a baccalaureate degree program student for enrollment in an 27 upper-division course. 28 (b) The Board of Trustees of St. Petersburg College 29 shall establish the level of matriculation, tuition, and other 30 authorized student fees. 31 1. For each credit hour of enrollment in a certificate 112 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 level course or lower-division level college credit course, 2 matriculation and tuition fees must be within the range 3 authorized in law and rule for a community college student at 4 that level. 5 2. For each credit hour of enrollment in an 6 upper-division level course, matriculation and tuition fees 7 must be in an amount established by the Board of Trustees of 8 St. Petersburg College. However, fees for upper-division 9 students must reflect the fact that the college does not incur 10 the costs of major research programs. Therefore, the board 11 shall establish fees for upper-division students within a 12 range that is lower than the fees established for students at 13 a public university but higher than the fees for community 14 college students. 15 3. Other mandatory fees and local fees must be at the 16 same level for all lower-division students. For upper-division 17 students, other mandatory fees and local fees must be at a 18 level less than fees established for University of South 19 Florida students, regardless of program enrollment or level. 20 However, students in workforce development education courses 21 maintain the authorized fee exemptions described in s. 22 239.117, Florida Statutes, and may be exempt from local fees 23 imposed by the Board of Trustees, at the board's discretion. 24 (4) DEGREES.-- 25 (a) In addition to the certificates, diplomas, and 26 degrees authorized in s. 240.301, Florida Statutes, St. 27 Petersburg College may offer selected baccalaureate degrees. 28 Initially, the college may offer programs that lead to a 29 baccalaureate degree in the following fields: 30 1. Bachelor of Science in Nursing. This program must 31 be designed to articulate with the associate in science degree 113 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 in nursing. St. Petersburg College shall continue to offer the 2 associate in science degree in nursing. 3 2. Bachelor of Arts and Bachelor of Science in 4 Elementary Education. 5 3. Bachelor of Arts and Bachelor of Science in Special 6 Education. 7 4. Bachelor of Arts and Bachelor of Science in 8 Secondary Education. 9 5. Bachelor of Applied Science in fields selected by 10 the Board of Trustees of St. Petersburg College. The Board of 11 Trustees shall base the selection on an analysis of workforce 12 needs and opportunities in the following counties: Pinellas, 13 Pasco, Hernando, and other counties approved by the Florida 14 Department of Education. For each program selected, St. 15 Petersburg College must offer a related associate in science 16 or associate in applied science degree program, and the 17 baccalaureate degree level program must be designed to 18 articulate fully with at least one associate in science degree 19 program. The college is encouraged to develop articulation 20 agreements for enrollment of graduates of related associate in 21 applied science degree programs. 22 (b) St. Petersburg College may offer courses that 23 enable teachers to qualify for certification and 24 recertification as required by law or rule. 25 (c) St. Petersburg College may offer programs to 26 provide opportunities for a person who holds a baccalaureate 27 degree, but is not certified to teach, to obtain any 28 additional courses required for teacher certification. 29 (d) Master's degree level programs and doctoral 30 programs may be provided by agreement with a college or 31 university participating in the University Center of St. 114 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Petersburg College. 2 (e) For those students living outside Pinellas County, 3 St. Petersburg College shall recruit for the upper-division 4 only those students who have earned an associate degree. In 5 recruiting upper-division students in Pasco and Hernando 6 Counties, St. Petersburg College shall work cooperatively with 7 Pasco-Hernando Community College and shall seek to offer 8 courses and programs at Pasco-Hernando Community College when 9 feasible. The nursing programs, in particular, must be 10 conducted cooperatively, and programs at St. Petersburg 11 College shall not conflict with Pasco-Hernando Community 12 College's and the University of South Florida's cooperative 13 nursing program. 14 (5) BOARDS.-- 15 (a) The Board of Trustees of St. Petersburg Junior 16 College is renamed the Board of Trustees of St. Petersburg 17 College and serves as its governing board. The Governor shall 18 appoint members as provided in s. 240.313, Florida Statutes, 19 and the board has the duties and authorities granted in ss. 20 240.315 and 240.319, Florida Statutes, and by rules of the 21 Florida Board of Education. 22 (b) The Board of Trustees of St. Petersburg College 23 may authorize direct-support organizations as authorized in 24 ss. 240.299 and 240.331, Florida Statutes. 25 (c) The Board of Trustees of St. Petersburg College 26 may continue to award degrees, diplomas, and certificates as 27 authorized for St. Petersburg Junior College, and in the name 28 of St. Petersburg Junior College, until St. Petersburg College 29 receives its accreditation. 30 (d) A coordinating board shall assist the Board of 31 Trustees in its deliberations concerning issues that affect 115 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 the upper-division of St. Petersburg College. The coordinating 2 board consists of the President of the University of South 3 Florida, the President of St. Petersburg College, the 4 President of Pasco-Hernando Community College, and the chairs 5 of the boards of trustees of those institutions. 6 (e) Beginning 4 years after the college receives 7 accreditation to offer baccalaureate degrees, the Board of 8 Trustees of St. Petersburg College may determine additional 9 programs to be offered, with the approval of the coordinating 10 board. The determination must consider community needs and 11 economic opportunities. 12 (f) The coordinating board shall meet at the request 13 of the President of the University of South Florida or the 14 President of St. Petersburg College. 15 (g) If the coordinating board cannot decide an issue 16 of importance to the programs designed for upper-division 17 students, the chief educational officer of this state shall 18 resolve the issue. 19 (6) EMPLOYEES.-- 20 (a) Employment at St. Petersburg College is governed 21 by the same laws that govern community colleges, except that 22 upper-division faculty are eligible for continuing contracts 23 upon the completion of the fifth year of teaching. 24 (b) Employee records for all personnel shall be 25 maintained as required by s. 240.337, Florida Statutes. 26 (7) FACILITIES.--St. Petersburg College may request 27 funding from the Public Education Capital Outlay and Debt 28 Service Trust Fund as a community college and as a university. 29 The municipalities in Pinellas County, the Board of County 30 Commissioners of Pinellas County, and all other governmental 31 entities are authorized to cooperate with the Board of 116 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Trustees of St. Petersburg College in establishing this 2 institution. The acquisition and donation of lands, buildings, 3 and equipment for the use of St. Petersburg College are 4 authorized as a public purpose. The Board of County 5 Commissioners of Pinellas County and all municipalities in 6 Pinellas County may exercise the power of eminent domain to 7 acquire lands, buildings, and equipment for the use of St. 8 Petersburg College, regardless of whether such lands, 9 buildings, and equipment are located in a community 10 redevelopment area. 11 (8) STATE FUNDING.-- 12 (a) The Legislature intends to fund St. Petersburg 13 College as a community college for its workforce development 14 education programs and for its lower-division level college 15 credit courses and programs. 16 (b) The Legislature intends to fund St. Petersburg 17 College as a baccalaureate degree level institution for its 18 upper-division level courses and programs. 19 (c) During the 2001-2002 fiscal year, St. Petersburg 20 College shall estimate the appropriate level of funding for 21 these programs. By March 1, 2002, the college shall complete a 22 cost study and shall submit to the Legislature a proposal for 23 cost accounting and legislative budget requests designed to 24 acknowledge its unique classification. The cost study must 25 indicate actual costs projected for the first 4 years of 26 operation as a baccalaureate degree level institution, with 27 the first students expected to enroll in the upper division in 28 the fall semester of 2002. 29 Section 41. Nothing contained within this act shall be 30 construed to adversely impact the accreditation of the 31 University of South Florida. 117 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 Section 42. Florida Bright Futures Scholarship Testing 2 Program.-- 3 (1) By January 1, 2002, the Articulation Coordinating 4 Committee shall identify the minimum scores, maximum credit, 5 and course or courses for which credit is to be awarded for 6 each College Level Examination Program (CLEP) general 7 examination, CLEP subject examination, College Board Advanced 8 Placement Program examination, and International Baccalaureate 9 examination. In addition, the Articulation Coordinating 10 Committee shall identify such courses in the general education 11 core curriculum of each state university and community 12 college. 13 (2) Each community college and state university must 14 award credit for specific courses for which competency has 15 been demonstrated by successful passage of one of these 16 examinations unless the award of credit duplicates credit 17 already awarded. Community colleges and universities may not 18 exempt students from courses without the award of credit if 19 competencies have been so demonstrated. 20 (3) Beginning with initial award recipients for the 21 2002-2003 academic year and continuing thereafter, students 22 eligible for a Florida Academic Scholars award or a Florida 23 Medallion Scholars award who are admitted to and enroll in a 24 community college or state university shall, prior to 25 registering for courses that may be earned through a CLEP 26 examination and no later than registration for their second 27 term, complete at least five examinations from those specified 28 in subsection (1) in the following areas: English; humanities; 29 mathematics; natural sciences; and social sciences. Successful 30 completion of dual enrollment courses, Advanced Placement 31 examinations, and International Baccalaureate examinations 118 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 taken prior to high school graduation satisfy this 2 requirement. The Articulation Coordinating Committee shall 3 identify the examinations that satisfy each component of this 4 requirement. 5 (4) Initial award recipients for the 2001-2002 6 academic year who are eligible for a Florida Academic Scholars 7 award or a Florida Medallion Scholars award and who are 8 admitted to and enroll in a community college or state 9 university may choose, prior to registering for courses that 10 may be earned through CLEP examination, to complete up to five 11 CLEP examinations, one in each of the following areas: 12 English; humanities; mathematics; natural sciences; and social 13 sciences. 14 (5) Each community college and state university shall 15 pay for the CLEP examinations required pursuant to this 16 section from the funds appropriated from the Educational 17 Enhancement Trust Fund. Institutions shall pay no more than 18 $46 per examination for the program, which shall include 19 access to a student guide to prepare for the test. The 20 Department of Education shall negotiate with the College Board 21 for a reduced rate for the examinations. The institution shall 22 not charge the student for preparation and administration of 23 the test, access to a student guide to prepare for the test, 24 or recordkeeping and reporting of each student's test results 25 to the department. 26 (6) The credit awarded pursuant to this section shall 27 apply toward the 120 hours of college credit required pursuant 28 to s. 240.115(6). 29 (7) The maximum number of credit hours for which a 30 student is eligible to receive a Florida Bright Futures 31 Scholarship Program award shall be reduced by the number of 119 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 hours for which credit is awarded pursuant to this section. 2 (8) Beginning with the 2002-2003 award recipients, the 3 Department of Education shall track and annually report on the 4 effectiveness of the program, and include information on the 5 number of students participating in the program; the CLEP 6 examinations taken and the passage rate of Florida Academic 7 Scholars and Florida Medallion Scholars award recipients; the 8 use of Advanced Placement and International Baccalaureate 9 examinations and dual enrollment courses to satisfy the 10 requirements of the program; and the course credit provided. 11 Section 43. Notwithstanding subsection (7) of section 12 3 of chapter 2000-321, Laws of Florida, section 240.551, 13 Florida Statutes, shall not stand repealed on January 7, 2003, 14 and is reenacted and amended to read: 15 240.551 Florida Prepaid College Program.-- 16 (1) LEGISLATIVE INTENT.--The Legislature recognizes 17 that educational opportunity at the postsecondary level is a 18 critical state interest. It further recognizes that 19 educational opportunity is best ensured through the provision 20 of postsecondary institutions that are geographically and 21 financially accessible. Accordingly, it is the intent of the 22 Legislature that a program be established through which many 23 of the costs associated with postsecondary attendance may be 24 paid in advance and fixed at a guaranteed level for the 25 duration of undergraduate enrollment. It is similarly the 26 intent of the Legislature to provide a program that fosters 27 timely financial planning for postsecondary attendance and to 28 encourage employer participation in such planning through 29 program contributions on behalf of employees and the 30 dependents of employees. 31 (2) DEFINITIONS.-- 120 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (a) "Advance payment contract" means a contract 2 entered into by the board and a purchaser pursuant to this 3 section. 4 (b) "Board" means the Florida Prepaid College Board. 5 (c) "Fund" means the Florida Prepaid College Trust 6 Fund. 7 (d) "Program" means the Florida Prepaid College 8 Program. 9 (e) "Purchaser" means a person who makes or is 10 obligated to make advance registration or dormitory residence 11 payments in accordance with an advance payment contract. 12 (f) "Qualified beneficiary" means: 13 1. A resident of this state at the time a purchaser 14 enters into an advance payment contract on behalf of the 15 resident; 16 2. A nonresident who is the child of a noncustodial 17 parent who is a resident of this state at the time that such 18 parent enters into an advance payment contract on behalf of 19 the child; or 20 3. For purposes of advance payment contracts entered 21 into pursuant to subsection (22), a graduate of an accredited 22 high school in this state who is a resident of this state at 23 the time he or she is designated to receive the benefits of 24 the advance payment contract. 25 (g) "Registration fee" means matriculation fee, 26 financial aid fee, building fee, and Capital Improvement Trust 27 Fund fee. 28 (h) "State postsecondary institution" means any 29 community college identified in s. 240.3031 or university 30 identified in s. 240.2011. 31 (3) FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There 121 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 is created a Florida Prepaid College Program to provide a 2 medium through which the cost of registration and dormitory 3 residence may be paid in advance of enrollment in a state 4 postsecondary institution at a rate lower than the projected 5 corresponding cost at the time of actual enrollment. Such 6 payments shall be combined and invested in a manner that 7 yields, at a minimum, sufficient interest to generate the 8 difference between the prepaid amount and the cost of 9 registration and dormitory residence at the time of actual 10 enrollment. Students who enroll in a state postsecondary 11 institution pursuant to this section shall be charged no fees 12 in excess of the terms delineated in the advance payment 13 contract. 14 (4) FLORIDA PREPAID COLLEGE TRUST FUND.--There is 15 created within the State Board of Administration the Florida 16 Prepaid College Trust Fund. The fund shall consist of state 17 appropriations, moneys acquired from other governmental or 18 private sources, and moneys remitted in accordance with 19 advance payment contracts. All funds deposited into the trust 20 fund may be invested pursuant to s. 215.47. Dividends, 21 interest, and gains accruing to the trust fund shall increase 22 the total funds available for the program. Notwithstanding the 23 provisions of chapter 717, funds associated with terminated 24 contracts pursuant to subsection (12) and canceled contracts 25 for which no refunds have been claimed shall increase the 26 total funds available for the program. However, the board 27 shall establish procedures for notifying purchasers who 28 subsequently cancel their contracts of any unclaimed refund 29 and shall establish a time period after which no refund may be 30 claimed by a purchaser who canceled a contract. Any balance 31 contained within the fund at the end of a fiscal year shall 122 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 remain therein and shall be available for carrying out the 2 purposes of the program. In the event that dividends, 3 interest, and gains exceed the amount necessary for program 4 administration and disbursements, the board may designate an 5 additional percentage of the fund to serve as a contingency 6 fund. Moneys contained within the fund shall be exempt from 7 the investment requirements of s. 18.10. Any funds of a 8 direct-support organization created pursuant to subsection 9 (22) shall be exempt from the provisions of this subsection. 10 (5) PROGRAM ADMINISTRATION.-- 11 (a) The Florida Prepaid College Program shall be 12 administered by the Florida Prepaid College Board as an agency 13 of the state. The Florida Prepaid College Board is hereby 14 created as a body corporate with all the powers of a body 15 corporate for the purposes delineated in this section. For 16 the purposes of s. 6, Art. IV of the State Constitution, the 17 board shall be assigned to and administratively housed within 18 the State Board of Administration, but it shall independently 19 exercise the powers and duties specified in this section. 20 (b) The board shall consist of seven members to be 21 composed of the Insurance Commissioner and Treasurer, the 22 Comptroller, the Chancellor of the Board of Regents, the 23 Executive Director of the State Board of Community Colleges, 24 and three members appointed by the Governor and subject to 25 confirmation by the Senate. Each member appointed by the 26 Governor shall possess knowledge, skill, and experience in the 27 areas of accounting, actuary, risk management, or investment 28 management. Each member of the board not appointed by the 29 Governor may name a designee to serve the board on behalf of 30 the member; however, any designee so named shall meet the 31 qualifications required of gubernatorial appointees to the 123 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 board. Members appointed by the Governor shall serve terms of 2 3 years. Any person appointed to fill a vacancy on the board 3 shall be appointed in a like manner and shall serve for only 4 the unexpired term. Any member shall be eligible for 5 reappointment and shall serve until a successor qualifies. 6 Members of the board shall serve without compensation but 7 shall be reimbursed for per diem and travel in accordance with 8 s. 112.061. Each member of the board shall file a full and 9 public disclosure of his or her financial interests pursuant 10 to s. 8, Art. II of the State Constitution and corresponding 11 statute. 12 (c) The board shall annually elect a board member to 13 serve as chair and a board member to serve as vice chair and 14 shall designate a secretary-treasurer who need not be a member 15 of the board. The secretary-treasurer shall keep a record of 16 the proceedings of the board and shall be the custodian of all 17 printed material filed with or by the board and of its 18 official seal. Notwithstanding the existence of vacancies on 19 the board, a majority of the members shall constitute a 20 quorum. The board shall take no official action in the absence 21 of a quorum. The board shall meet, at a minimum, on a 22 quarterly basis at the call of the chair. 23 (6) FLORIDA PREPAID COLLEGE BOARD; DUTIES.--The board 24 shall: 25 (a) Appoint an executive director to serve as the 26 chief administrative and operational officer of the board and 27 to perform other duties assigned to him or her by the board. 28 (b) Administer the fund in a manner that is 29 sufficiently actuarially sound to defray the obligations of 30 the program. The board shall annually evaluate or cause to be 31 evaluated the actuarial soundness of the fund. If the board 124 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 perceives a need for additional assets in order to preserve 2 actuarial soundness, the board may adjust the terms of 3 subsequent advance payment contracts to ensure such soundness. 4 (c) Establish a comprehensive investment plan for the 5 purposes of this section with the approval of the State Board 6 of Administration. The comprehensive investment plan shall 7 specify the investment policies to be utilized by the board in 8 its administration of the fund. The board may place assets of 9 the fund in savings accounts or use the same to purchase fixed 10 or variable life insurance or annuity contracts, securities, 11 evidence of indebtedness, or other investment products 12 pursuant to the comprehensive investment plan and in such 13 proportions as may be designated or approved under that plan. 14 Such insurance, annuity, savings, or investment products shall 15 be underwritten and offered in compliance with the applicable 16 federal and state laws, regulations, and rules by persons who 17 are duly authorized by applicable federal and state 18 authorities. Within the comprehensive investment plan, the 19 board may authorize investment vehicles, or products incident 20 thereto, as may be available or offered by qualified companies 21 or persons. A contract purchaser may not direct the investment 22 of his or her contribution to the trust fund, and a contract 23 beneficiary may not direct the contribution made on his or her 24 behalf to the trust fund. Board members and employees of the 25 board are not prohibited from purchasing advance payment 26 contracts by virtue of their fiduciary responsibilities as 27 members of the board or official duties as employees of the 28 board. 29 (d) Solicit proposals and contract, pursuant to s. 30 287.057, for the marketing of the Florida Prepaid College 31 Program. The entity designated pursuant to this paragraph 125 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 shall serve as a centralized marketing agent for the program 2 and shall be solely responsible for the marketing of the 3 program. Any materials produced for the purpose of marketing 4 the program shall be submitted to the board for review. No 5 such materials shall be made available to the public before 6 the materials are approved by the board. Any educational 7 institution may distribute marketing materials produced for 8 the program; however, all such materials shall have been 9 approved by the board prior to distribution. Neither the state 10 nor the board shall be liable for misrepresentation of the 11 program by a marketing agent. 12 (e) Solicit proposals and contract, pursuant to s. 13 287.057, for a trustee services firm to select and supervise 14 investment programs on behalf of the board. The goals of the 15 board in selecting a trustee services firm shall be to obtain 16 the highest standards of professional trustee services, to 17 allow all qualified firms interested in providing such 18 services equal consideration, and to provide such services to 19 the state at no cost and to the purchasers at the lowest cost 20 possible. The trustee services firm shall agree to meet the 21 obligations of the board to qualified beneficiaries if moneys 22 in the fund fail to offset the obligations of the board as a 23 result of imprudent selection or supervision of investment 24 programs by such firm. Evaluations of proposals submitted 25 pursuant to this paragraph shall include, but not be limited 26 to, the following criteria: 27 1. Adequacy of trustee services for supervision and 28 management of the program, including current operations and 29 staff organization and commitment of management to the 30 proposal. 31 2. Capability to execute program responsibilities 126 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 within time and regulatory constraints. 2 3. Past experience in trustee services and current 3 ability to maintain regular and continuous interactions with 4 the board, records administrator, and product provider. 5 4. The minimum purchaser participation assumed within 6 the proposal and any additional requirements of purchasers. 7 5. Adequacy of technical assistance and services 8 proposed for staff. 9 6. Adequacy of a management system for evaluating and 10 improving overall trustee services to the program. 11 7. Adequacy of facilities, equipment, and electronic 12 data processing services. 13 8. Detailed projections of administrative costs, 14 including the amount and type of insurance coverage, and 15 detailed projections of total costs. 16 (f) Solicit proposals and contract, pursuant to s. 17 287.057, for product providers to develop investment 18 portfolios on behalf of the board to achieve the purposes of 19 this section. Product providers shall be limited to authorized 20 insurers as defined in s. 624.09, banks as defined in s. 21 658.12, associations as defined in s. 665.012, authorized 22 Securities and Exchange Commission investment advisers, and 23 investment companies as defined in the Investment Company Act 24 of 1940. All product providers shall have their principal 25 place of business and corporate charter located and registered 26 in the United States. In addition, each product provider shall 27 agree to meet the obligations of the board to qualified 28 beneficiaries if moneys in the fund fail to offset the 29 obligations of the board as a result of imprudent investing by 30 such provider. Each authorized insurer shall evidence superior 31 performance overall on an acceptable level of surety in 127 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 meeting its obligations to its policyholders and other 2 contractual obligations. Only qualified public depositories 3 approved by the Insurance Commissioner and Treasurer shall be 4 eligible for board consideration. Each investment company 5 shall provide investment plans as specified within the request 6 for proposals. The goals of the board in selecting a product 7 provider company shall be to provide all purchasers with the 8 most secure, well-diversified, and beneficially administered 9 postsecondary education expense plan possible, to allow all 10 qualified firms interested in providing such services equal 11 consideration, and to provide such services to the state at no 12 cost and to the purchasers at the lowest cost possible. 13 Evaluations of proposals submitted pursuant to this paragraph 14 shall include, but not be limited to, the following criteria: 15 1. Fees and other costs charged to purchasers that 16 affect account values or operational costs related to the 17 program. 18 2. Past and current investment performance, including 19 investment and interest rate history, guaranteed minimum rates 20 of interest, consistency of investment performance, and any 21 terms and conditions under which moneys are held. 22 3. Past experience and ability to provide timely and 23 accurate service in the areas of records administration, 24 benefit payments, investment management, and complaint 25 resolution. 26 4. Financial history and current financial strength 27 and capital adequacy to provide products, including operating 28 procedures and other methods of protecting program assets. 29 (7) FLORIDA PREPAID COLLEGE BOARD; POWERS.--The board 30 shall have the powers necessary or proper to carry out the 31 provisions of this section, including, but not limited to, the 128 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 power to: 2 (a) Adopt an official seal and rules. 3 (b) Sue and be sued. 4 (c) Make and execute contracts and other necessary 5 instruments. 6 (d) Establish agreements or other transactions with 7 federal, state, and local agencies, including state 8 universities and community colleges. 9 (e) Invest funds not required for immediate 10 disbursement. 11 (f) Appear in its own behalf before boards, 12 commissions, or other governmental agencies. 13 (g) Hold, buy, and sell any instruments, obligations, 14 securities, and property determined appropriate by the board. 15 (h) Require a reasonable length of state residence for 16 qualified beneficiaries. 17 (i) Restrict the number of participants in the 18 community college plan, university plan, and dormitory 19 residence plan, respectively. However, any person denied 20 participation solely on the basis of such restriction shall be 21 granted priority for participation during the succeeding year. 22 (j) Segregate contributions and payments to the fund 23 into various accounts and funds. 24 (k) Contract for necessary goods and services, employ 25 necessary personnel, and engage the services of private 26 consultants, actuaries, managers, legal counsel, and auditors 27 for administrative or technical assistance. 28 (l) Solicit and accept gifts, grants, loans, and other 29 aids from any source or participate in any other way in any 30 government program to carry out the purposes of this section. 31 (m) Require and collect administrative fees and 129 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 charges in connection with any transaction and impose 2 reasonable penalties, including default, for delinquent 3 payments or for entering into an advance payment contract on a 4 fraudulent basis. 5 (n) Procure insurance against any loss in connection 6 with the property, assets, and activities of the fund or the 7 board. 8 (o) Impose reasonable time limits on use of the 9 tuition benefits provided by the program. However, any such 10 limitation shall be specified within the advance payment 11 contract. 12 (p) Delineate the terms and conditions under which 13 payments may be withdrawn from the fund and impose reasonable 14 fees and charges for such withdrawal. Such terms and 15 conditions shall be specified within the advance payment 16 contract. 17 (q) Provide for the receipt of contributions in lump 18 sums or installment payments. 19 (r) Require that purchasers of advance payment 20 contracts verify, under oath, any requests for contract 21 conversions, substitutions, transfers, cancellations, refund 22 requests, or contract changes of any nature. Verification 23 shall be accomplished as authorized and provided for in s. 24 92.525(1)(a). 25 (s) Delegate responsibility for administration of the 26 comprehensive investment plan required in paragraph (6)(c) to 27 a person the board determines to be qualified. Such person 28 shall be compensated by the board. Directly or through such 29 person, the board may contract with a private corporation or 30 institution to provide such services as may be a part of the 31 comprehensive investment plan or as may be deemed necessary or 130 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 proper by the board or such person, including, but not limited 2 to, providing consolidated billing, individual and collective 3 recordkeeping and accountings, and asset purchase, control, 4 and safekeeping. 5 (t) Endorse insurance coverage written exclusively for 6 the purpose of protecting advance payment contracts, and the 7 purchasers and beneficiaries thereof, which may be issued in 8 the form of a group life policy and which is exempt from the 9 provisions of part V of chapter 627. 10 (u) Solicit proposals and contract, pursuant to s. 11 287.057, for the services of a records administrator. The 12 goals of the board in selecting a records administrator shall 13 be to provide all purchasers with the most secure, 14 well-diversified, and beneficially administered postsecondary 15 education expense plan possible, to allow all qualified firms 16 interested in providing such services equal consideration, and 17 to provide such services to the state at no cost and to the 18 purchasers at the lowest cost possible. Evaluations of 19 proposals submitted pursuant to this paragraph shall include, 20 but not be limited to, the following criteria: 21 1. Fees and other costs charged to purchasers that 22 affect account values or operational costs related to the 23 program. 24 2. Past experience in records administration and 25 current ability to provide timely and accurate service in the 26 areas of records administration, audit and reconciliation, 27 plan communication, participant service, and complaint 28 resolution. 29 3. Sufficient staff and computer capability for the 30 scope and level of service expected by the board. 31 4. Financial history and current financial strength 131 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 and capital adequacy to provide administrative services 2 required by the board. 3 (v) Establish other policies, procedures, and criteria 4 to implement and administer the provisions of this section. 5 (w) Adopt procedures to govern contract dispute 6 proceedings between the board and its vendors. 7 (8) QUALIFIED STATE TUITION PROGRAM 8 STATUS.--Notwithstanding any other provision of this section, 9 the board may adopt rules necessary to enable the program to 10 retain its status as a "qualified state tuition program" in 11 order to maintain its tax exempt status or other similar 12 status of the program, purchasers, and qualified beneficiaries 13 under the Internal Revenue Code of 1986, as defined in s. 14 220.03(1). The board shall inform purchasers of changes to the 15 tax or securities status of contracts purchased through the 16 program. 17 (9) PREPAID COLLEGE PLANS.--At a minimum, the board 18 shall make advance payment contracts available for two 19 independent plans to be known as the community college plan 20 and the university plan. The board may also make advance 21 payment contracts available for a dormitory residence plan. 22 (a)1. Through the community college plan, the advance 23 payment contract shall provide prepaid registration fees for a 24 specified number of undergraduate semester credit hours not to 25 exceed the average number of hours required for the conference 26 of an associate degree. The cost of participation in the 27 community college plan shall be based primarily on the average 28 current and projected registration fees within the Florida 29 Community College System and the number of years expected to 30 elapse between the purchase of the plan on behalf of a 31 qualified beneficiary and the exercise of the benefits 132 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 provided in the plan by such beneficiary. Qualified 2 beneficiaries shall bear the cost of any laboratory fees 3 associated with enrollment in specific courses. Each qualified 4 beneficiary shall be classified as a resident for tuition 5 purposes, pursuant to s. 240.1201, regardless of his or her 6 actual legal residence. 7 2. Effective July 1, 1998, the board may provide 8 advance payment contracts for additional fees delineated in s. 9 240.35, not to exceed the average number of hours required for 10 the conference of an associate degree, in conjunction with 11 advance payment contracts for registration fees. The cost of 12 purchasing such fees shall be based primarily on the average 13 current and projected fees within the Florida Community 14 College System and the number of years expected to elapse 15 between the purchase of the plan on behalf of the beneficiary 16 and the exercise of benefits provided in the plan by such 17 beneficiary. Community college plan contracts purchased prior 18 to July 1, 1998, shall be limited to the payment of 19 registration fees as defined in subsection (2). 20 (b)1. Through the university plan, the advance payment 21 contract shall provide prepaid registration fees for a 22 specified number of undergraduate semester credit hours not to 23 exceed the average number of hours required for the conference 24 of a baccalaureate degree. The cost of participation in the 25 university plan shall be based primarily on the current and 26 projected registration fees within the State University System 27 and the number of years expected to elapse between the 28 purchase of the plan on behalf of a qualified beneficiary and 29 the exercise of the benefits provided in the plan by such 30 beneficiary. Qualified beneficiaries shall bear the cost of 31 any laboratory fees associated with enrollment in specific 133 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 courses. Each qualified beneficiary shall be classified as a 2 resident for tuition purposes pursuant to s. 240.1201, 3 regardless of his or her actual legal residence. 4 2. Effective July 1, 1998, the board may provide 5 advance payment contracts for additional fees delineated in s. 6 240.235(1), for a specified number of undergraduate semester 7 credit hours not to exceed the average number of hours 8 required for the conference of a baccalaureate degree, in 9 conjunction with advance payment contracts for registration 10 fees. Such contracts shall provide prepaid coverage for the 11 sum of such fees, to a maximum of 45 percent of the cost of 12 registration fees. The costs of purchasing such fees shall be 13 based primarily on the average current and projected cost of 14 these fees within the State University System and the number 15 of years expected to elapse between the purchase of the plan 16 on behalf of the qualified beneficiary and the exercise of the 17 benefits provided in the plan by such beneficiary. University 18 plan contracts purchased prior to July 1, 1998, shall be 19 limited to the payment of registration fees as defined in 20 subsection (2). 21 (c) Through the dormitory residence plan, the advance 22 payment contract may provide prepaid housing fees for a 23 maximum of 10 semesters of full-time undergraduate enrollment 24 in a state university. Dormitory residence plans shall be 25 purchased in increments of 2 semesters. The cost of 26 participation in the dormitory residence plan shall be based 27 primarily on the average current and projected housing fees 28 within the State University System and the number of years 29 expected to elapse between the purchase of the plan on behalf 30 of a qualified beneficiary and the exercise of the benefits 31 provided in the plan by such beneficiary. Qualified 134 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 beneficiaries shall have the highest priority in the 2 assignment of housing within university residence halls. 3 Qualified beneficiaries shall bear the cost of any additional 4 elective charges such as laundry service or long-distance 5 telephone service. Each state university may specify the 6 residence halls or other university-held residences eligible 7 for inclusion in the plan. In addition, any state university 8 may request immediate termination of a dormitory residence 9 contract based on a violation or multiple violations of rules 10 of the residence hall or other university-held residences. In 11 the event that sufficient housing is not available for all 12 qualified beneficiaries, the board shall refund the purchaser 13 or qualified beneficiary an amount equal to the fees charged 14 for dormitory residence during that semester. If a qualified 15 beneficiary fails to be admitted to a state university or 16 chooses to attend a community college that operates one or 17 more dormitories or residency opportunities, or has one or 18 more dormitories or residency opportunities operated by the 19 community college direct-support organization, the qualified 20 beneficiary may transfer or cause to have transferred to the 21 community college, or community college direct-support 22 organization, the fees associated with dormitory residence. 23 Dormitory fees transferred to the community college or 24 community college direct-support organization may not exceed 25 the maximum fees charged for state university dormitory 26 residence for the purposes of this section, or the fees 27 charged for community college or community college 28 direct-support organization dormitories or residency 29 opportunities, whichever is less. 30 (10) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE 31 COLLEGES AND UNIVERSITIES AND TO AREA TECHNICAL CENTERS.--A 135 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 qualified beneficiary may apply the benefits of an advance 2 payment contract toward: 3 (a) Any eligible independent college or university. An 4 independent college or university that is located and 5 chartered in Florida, that is not for profit, that is 6 accredited by the Commission on Colleges of the Southern 7 Association of Colleges and Schools or the Accrediting Council 8 for Independent Colleges and Schools Accrediting Commission of 9 the Association of Independent Colleges and Schools, and that 10 confers degrees as defined in s. 246.021, is eligible for such 11 application. The board shall transfer, or cause to have 12 transferred, to the eligible independent college or university 13 designated by the qualified beneficiary an amount not to 14 exceed the redemption value of the advance payment contract at 15 within a state postsecondary institution. If the cost of 16 registration or housing fees at the independent college or 17 university is less than the corresponding fees at a state 18 postsecondary institution, the amount transferred shall not 19 exceed the actual cost of registration or housing fees. A 20 transfer authorized under this paragraph may not exceed the 21 number of semester credit hours or semesters of dormitory 22 residence contracted on behalf of a qualified beneficiary. 23 (b) An eligible out-of-state college or university. An 24 out-of-state college or university that is not for profit and 25 is accredited by a regional accrediting association, and that 26 confers degrees, is eligible for such application. The board 27 shall transfer, or cause to have transferred, an amount not to 28 exceed the redemption value of the advance payment contract at 29 a state postsecondary institution or the original purchase 30 price plus 5 percent compounded interest, whichever is less, 31 after assessment of a reasonable transfer fee. If the cost of 136 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 registration or housing fees charged the qualified beneficiary 2 at the eligible out-of-state college or university is less 3 than this calculated amount, the amount transferred shall not 4 exceed the actual cost of registration or housing fees. Any 5 remaining amount shall be transferred in subsequent semesters 6 until the transfer value is depleted. A transfer authorized 7 under this paragraph may not exceed the number of semester 8 credit hours or semesters of dormitory residence contracted on 9 behalf of a qualified beneficiary. 10 (c) An applied technology diploma program or 11 vocational certificate program conducted by a community 12 college listed in s. 240.3031 or an area technical center 13 operated by a district school board. The board shall transfer 14 or cause to be transferred to the community college or area 15 technical center designated by the qualified beneficiary an 16 amount not to exceed the redemption value of the advance 17 payment contract at within a state postsecondary institution. 18 If the cost of the fees charged by the college or center, as 19 authorized in s. 239.117, is less than the corresponding fees 20 at a state postsecondary institution, the amount transferred 21 may not exceed the actual cost of the fees. A transfer 22 authorized under this paragraph may not exceed the number of 23 semester credit hours contracted on behalf of a qualified 24 beneficiary. 25 26 Notwithstanding any other provision in this section, an 27 institution must be an "eligible educational institution" 28 under s. 529 of the Internal Revenue Code to be eligible for 29 the transfer of advance payment contract benefits. 30 (11) ADVANCE PAYMENT CONTRACTS; CONTENTS.--The board 31 shall construct advance payment contracts for registration and 137 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 may construct advance payment contracts for dormitory 2 residence as provided in this section. Advance payment 3 contracts constructed for the purposes of this section shall 4 be exempt from chapter 517 and the Florida Insurance Code. 5 Such contracts shall include, but not be limited to, the 6 following: 7 (a) The amount of the payment or payments and the 8 number of payments required from a purchaser on behalf of a 9 qualified beneficiary. 10 (b) The terms and conditions under which purchasers 11 shall remit payments, including, but not limited to, the date 12 or dates upon which each payment shall be due. 13 (c) Provisions for late payment charges and for 14 default. 15 (d) Provisions for penalty fees for withdrawals from 16 the fund. 17 (e) Except for an advance payment contract entered 18 into pursuant to subsection (22) or subsection (23), the name 19 and date of birth of the qualified beneficiary on whose behalf 20 the contract is drawn and the terms and conditions under which 21 another person may be substituted as the qualified 22 beneficiary. 23 (f) The name of any person who may terminate the 24 contract. The terms of the contract shall specify whether the 25 contract may be terminated by the purchaser, the qualified 26 beneficiary, a specific designated person, or any combination 27 of these persons. 28 (g) The terms and conditions under which a contract 29 may be terminated, modified, or converted, the name of the 30 person entitled to any refund due as a result of termination 31 of the contract pursuant to such terms and conditions, and the 138 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 amount of refund, if any, due to the person so named. 2 (h) The number of semester credit hours or semesters 3 of dormitory residence contracted by the purchaser. 4 (i) The state postsecondary system toward which the 5 contracted credit hours or semesters of dormitory residence 6 will be applied. 7 (j) The assumption of a contractual obligation by the 8 board to the qualified beneficiary to provide for a specified 9 number of semester credit hours of undergraduate instruction 10 at a state postsecondary institution, not to exceed the 11 average number of credit hours required for the conference of 12 the degree that corresponds to the plan purchased on behalf of 13 the qualified beneficiary or to provide for a specified number 14 of semesters of dormitory residence, not to exceed the number 15 of semesters of full-time enrollment required for the 16 conference of a baccalaureate degree. 17 (k) Other terms and conditions deemed by the board to 18 be necessary or proper. 19 (12) DURATION OF BENEFITS; ADVANCE PAYMENT 20 CONTRACT.--An advance payment contract may provide that 21 contracts which have not been terminated or the benefits 22 exercised within a specified period of time shall be 23 considered terminated. Time expended by a qualified 24 beneficiary as an active duty member of any of the armed 25 services of the United States shall be added to the period of 26 time specified pursuant to this subsection. No purchaser or 27 qualified beneficiary whose advance payment contract is 28 terminated pursuant to this subsection shall be entitled to a 29 refund. The board shall retain any moneys paid by the 30 purchaser for an advance payment contract that has been 31 terminated in accordance with this subsection. Such moneys 139 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 retained by the board are exempt from chapter 717, and such 2 retained moneys must be used by the board to further the 3 purposes of this section. 4 (13) REFUNDS.-- 5 (a) Except as provided in paragraphs (b), and (c), and 6 (f), no refund shall exceed the amount paid into the fund by 7 the purchaser. 8 (b) If the beneficiary is awarded a scholarship, the 9 terms of which cover the benefits included in the advance 10 payment contracts, moneys paid for the purchase of the advance 11 payment contracts shall be refunded returned to the purchaser 12 in semester installments coinciding with the matriculation by 13 the beneficiary in an amount which, in total, does not exceed 14 the redemption value of the advance payment contract at a 15 state postsecondary institution amounts of either the original 16 purchase price plus 5 percent compounded interest, or the 17 current rates at state postsecondary institutions, whichever 18 is less. 19 (c) In the event of the death or total disability of 20 the beneficiary, moneys paid for the purchase of advance 21 payment contracts shall be refunded returned to the purchaser 22 in an amount not to exceed the redemption value of the advance 23 payment contract at a state postsecondary institution together 24 with 5 percent compounded interest, or the current rates at 25 state postsecondary institutions, whichever is less. 26 (d) If an advance payment contract is converted from 27 one registration plan to a plan of lesser value, the amount 28 refunded shall not exceed the difference between the amount 29 paid for the original contract and the amount that would have 30 been paid for the contract to which the plan is converted had 31 the converted plan been purchased under the same payment plan 140 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 at the time the original advance payment contract was 2 executed. 3 (e) No refund shall be authorized through an advance 4 payment contract for any school year partially attended but 5 not completed. For purposes of this section, a school year 6 partially attended but not completed shall mean any one 7 semester whereby the student is still enrolled at the 8 conclusion of the official drop-add period, but withdraws 9 before the end of such semester. If a beneficiary does not 10 complete a community college plan or university plan for 11 reasons other than specified in paragraph (c), the purchaser 12 shall receive a refund of the amount paid into the fund for 13 the remaining unattended years of the advance payment contract 14 pursuant to rules promulgated by the board. 15 (14) CONFIDENTIALITY OF ACCOUNT 16 INFORMATION.--Information that identifies the purchasers or 17 beneficiaries of any plan promulgated under this section and 18 their advance payment account activities is exempt from the 19 provisions of s. 119.07(1). However, the board may authorize 20 the program's records administrator to release such 21 information to a community college, college, or university in 22 which a beneficiary may enroll or is enrolled. Community 23 colleges, colleges, and universities shall maintain such 24 information as exempt from the provisions of s. 119.07(1). 25 (15) OBLIGATIONS OF BOARD; PAYMENT.--The state shall 26 agree to meet the obligations of the board to qualified 27 beneficiaries if moneys in the fund fail to offset the 28 obligations of the board. The Legislature shall appropriate to 29 the Florida Prepaid College Trust Fund the amount necessary to 30 meet the obligations of the board to qualified beneficiaries. 31 (16) ASSETS OF THE FUND; EXPENDITURE PRIORITY.--The 141 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 assets of the fund shall be maintained, invested, and expended 2 solely for the purposes of this section and shall not be 3 loaned, transferred, or otherwise used by the state for any 4 purpose other than the purposes of this section. This 5 subsection shall not be construed to prohibit the board from 6 investing in, by purchase or otherwise, bonds, notes, or other 7 obligations of the state or an agency or instrumentality of 8 the state. Unless otherwise specified by the board, assets of 9 the fund shall be expended in the following order of priority: 10 (a) To make payments to state postsecondary 11 institutions on behalf of qualified beneficiaries. 12 (b) To make refunds upon termination of advance 13 payment contracts. 14 (c) To pay the costs of program administration and 15 operations. 16 (17) EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys paid 17 into or out of the fund by or on behalf of a purchaser or 18 qualified beneficiary of an advance payment contract made 19 under this section, which contract has not been terminated, 20 are exempt, as provided by s. 222.22, from all claims of 21 creditors of the purchaser or the beneficiary. Neither moneys 22 paid into the program nor benefits accrued through the program 23 may be pledged for the purpose of securing a loan. 24 (18) PAYROLL DEDUCTION AUTHORITY.--The state or any 25 state agency, county, municipality, or other political 26 subdivision may, by contract or collective bargaining 27 agreement, agree with any employee to remit payments toward 28 advance payment contracts through payroll deductions made by 29 the appropriate officer or officers of the state, state 30 agency, county, municipality, or political subdivision. Such 31 payments shall be held and administered in accordance with 142 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 this section. 2 (19) DISCLAIMER.--Nothing in this section shall be 3 construed as a promise or guarantee that a qualified 4 beneficiary will be admitted to a state postsecondary 5 institution or to a particular state postsecondary 6 institution, will be allowed to continue enrollment at a state 7 postsecondary institution after admission, or will be 8 graduated from a state postsecondary institution. 9 (20) PROGRAM TERMINATION.--In the event that the state 10 determines the program to be financially infeasible, the state 11 may discontinue the provision of the program. Any qualified 12 beneficiary who has been accepted by and is enrolled or is 13 within 5 years of enrollment in an eligible independent 14 college or university or state postsecondary institution shall 15 be entitled to exercise the complete benefits for which he or 16 she has contracted. All other contract holders shall receive a 17 refund of the amount paid in and an additional amount in the 18 nature of interest at a rate that corresponds, at a minimum, 19 to the prevailing interest rates for savings accounts provided 20 by banks and savings and loan associations. 21 (21) ANNUAL REPORT.--The board shall annually prepare 22 or cause to be prepared a report setting forth in appropriate 23 detail an accounting of the fund and a description of the 24 financial condition of the program at the close of each fiscal 25 year. Such report shall be submitted to the President of the 26 Senate, the Speaker of the House of Representatives, and 27 members of the State Board of Education on or before March 31 28 each year. In addition, the board shall make the report 29 available to purchasers of advance payment contracts. The 30 board shall provide to the Board of Regents and the State 31 Board of Community Colleges, by March 31 each year, complete 143 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 advance payment contract sales information, including 2 projected postsecondary enrollments of qualified 3 beneficiaries. The accounts of the fund shall be subject to 4 annual audits by the Auditor General or his or her designee. 5 (22) DIRECT-SUPPORT ORGANIZATION; AUTHORITY.-- 6 (a) The board may establish a direct-support 7 organization which is: 8 1. A Florida corporation, not for profit, incorporated 9 under the provisions of chapter 617 and approved by the 10 Secretary of State. 11 2. Organized and operated exclusively to receive, 12 hold, invest, and administer property and to make expenditures 13 to or for the benefit of the program. 14 3. An organization which the board, after review, has 15 certified to be operating in a manner consistent with the 16 goals of the program and in the best interests of the state. 17 Unless so certified, the organization may not use the name of 18 the program. 19 (b) The direct-support organization shall operate 20 under written contract with the board. The contract must 21 provide for: 22 1. Approval of the articles of incorporation and 23 bylaws of the direct-support organization by the board. 24 2. Submission of an annual budget for the approval of 25 the board. The budget must comply with rules adopted by the 26 board. 27 3. An annual financial and compliance audit of its 28 financial accounts and records by an independent certified 29 public accountant in accordance with rules adopted by the 30 board. 31 4. Certification by the board that the direct-support 144 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 organization is complying with the terms of the contract and 2 in a manner consistent with the goals and purposes of the 3 board and in the best interest of the state. Such 4 certification must be made annually and reported in the 5 official minutes of a meeting of the board. 6 5. The reversion to the board, or to the state if the 7 board ceases to exist, of moneys and property held in trust by 8 the direct-support organization for the benefit of the board 9 or program if the direct-support organization is no longer 10 approved to operate for the board or if the board ceases to 11 exist. 12 6. The fiscal year of the direct-support organization, 13 which must begin July 1 of each year and end June 30 of the 14 following year. 15 7. The disclosure of material provisions of the 16 contract and of the distinction between the board and the 17 direct-support organization to donors of gifts, contributions, 18 or bequests, and such disclosure on all promotional and 19 fundraising publications. 20 (c) An annual financial and compliance audit of the 21 financial accounts and records of the direct-support 22 organization must be performed by an independent certified 23 public accountant. The audit must be submitted to the board 24 for review and approval. Upon approval, the board shall 25 certify the audit report to the Auditor General for review. 26 The board and Auditor General shall have the authority to 27 require and receive from the organization or its independent 28 auditor any detail or supplemental data relative to the 29 operation of the organization. 30 (d) The identity of donors who desire to remain 31 anonymous shall be confidential and exempt from the provisions 145 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 of s. 119.07(1) and s. 24(a), Art. I of the State 2 Constitution, and such anonymity shall be maintained in the 3 auditor's report. Information received by the organization 4 that is otherwise confidential or exempt by law shall retain 5 such status. Any sensitive, personal information regarding 6 contract beneficiaries, including their identities, is exempt 7 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 8 the State Constitution. 9 (e) The chair and the executive director of the board 10 shall be directors of the direct-support organization and 11 shall jointly name, at a minimum, three other individuals to 12 serve as directors of the organization. 13 (f) The board may authorize the direct-support 14 organization established in this subsection to use program 15 property, except money, and use facilities and personal 16 services subject to the provisions of this section. If the 17 direct-support organization does not provide equal employment 18 opportunities to all persons regardless of race, color, 19 religion, sex, age, or national origin, it may not use the 20 property, facilities, or personal services of the board. For 21 the purposes of this subsection, the term "personal services" 22 includes full-time personnel and part-time personnel as well 23 as payroll processing as prescribed by rule of the board. The 24 board shall adopt rules prescribing the procedures by which 25 the direct-support organization is governed and any conditions 26 with which such a direct-support organization must comply to 27 use property, facilities, or personal services of the board. 28 (g) The board may invest funds of the direct-support 29 organization which have been allocated for the purchase of 30 advance payment contracts for scholarships with receipts for 31 advance payment contracts. 146 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (23) SCHOLARSHIPS.--A nonprofit organization described 2 in s. 501 (c)(3) of the United States Internal Revenue Code 3 and exempt from taxation under s. 501(a) of the United States 4 Internal Revenue Code may purchase advance payment contracts 5 for a scholarship program that has been approved by the board 6 and is operated by the purchasing organization. 7 Section 44. Except as otherwise expressly provided in 8 this act, this act shall take effect upon becoming a law. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 77, line 17, through 14 page 81, line 5, delete those lines 15 16 and insert: 17 A bill to be entitled 18 An act relating to education; amending s. 19 229.001, F.S.; revising a short title to delete 20 obsolete language; amending s. 229.002, F.S.; 21 revising the policy and guiding principles of 22 the Legislature relating to education 23 governance; amending s. 229.003, F.S.; revising 24 the timeframe for education governance 25 reorganization; revising the titles of the 26 education governance officers and providing for 27 appointment by the Florida Board of Education; 28 revising the name of the Florida On-Line High 29 School to conform with changes made by the 30 bill; revising the membership of university 31 boards of trustees and making appointees 147 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 subject to Senate confirmation; abolishing the 2 Board of Regents, the State Board of Community 3 Colleges, and the Postsecondary Education 4 Planning Commission; transferring the powers, 5 duties, functions, records, personnel, 6 property, unexpended balances of 7 appropriations, allocations, other funds, 8 administrative authority, administrative rules, 9 pending issues, and existing contracts of the 10 Board of Regents to the Florida Board of 11 Education, of the State Board of Community 12 Colleges to the Florida Board of Education, and 13 of the Postsecondary Education Planning 14 Commission to the Council for Education Policy 15 Research and Improvement, respectively; 16 creating the Council for Education Policy 17 Research and Improvement under the Office of 18 Legislative Services; transferring the 19 Articulation Coordinating Committee and the 20 Education Standards Commission by type two 21 transfer from the Department of Education to 22 the Florida Board of Education; requiring the 23 Commissioner of Education and the Secretary of 24 the Florida Board of Education to commence 25 reorganization of the department and specifying 26 offices and divisions; requiring the merger of 27 the powers, duties, and staffs of the State 28 Board of Independent Colleges and Universities 29 and the State Board of Nonpublic Career 30 Education, with an exception, into a single 31 Commission for Independent Education; creating 148 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 s. 229.0031, F.S.; creating the Council for 2 Education Policy Research and Improvement; 3 providing duties of the council; providing for 4 administrative functions; providing membership; 5 providing for an executive director; amending 6 s. 229.004, F.S.; revising the timeframe for 7 the creation of the Florida Board of Education; 8 deleting the requirement that the board be part 9 time; revising the duties and responsibilities 10 of the board; conforming terminology with 11 changes made by the bill; providing cross 12 references to newly created missions and goals 13 and guidelines; amending s. 229.005, F.S.; 14 revising provisions relating to qualifications 15 of Florida education governance officers to 16 conform terminology to changes made by the bill 17 and to provide cross references to newly 18 created missions and goals; requiring the 19 Commissioner of Education to work with the 20 board and its secretary to oversee the 21 chancellors and the executive director; 22 deleting references to requirements of the 23 Florida Constitution relating to education; 24 requiring the Chancellor of Public Schools, the 25 Chancellor of Colleges and Universities, the 26 Chancellor of Community Colleges, and the 27 Executive Director of Independent Education to 28 work as division vice presidents of the 29 seamless K-20 education system; revising the 30 name of the Florida On-Line High School to 31 conform with changes made by the bill; amending 149 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 s. 229.006, F.S.; deleting obsolete language 2 relating to the creation and 3 already-accomplished duties of the Education 4 Governance Reorganization Transition Task 5 Force; revising the timeframe for the 6 reorganization; requiring the task force to 7 provide guidance and monitoring of the 8 reorganization implementation process and to 9 report to the Governor, the Legislature, the 10 Secretary of the Florida Board of Education, 11 and the public on its progress; revising the 12 timeframe and recipients of the final report of 13 the task force; creating s. 229.0061, F.S.; 14 establishing guidelines for the implementation, 15 structure, functions, and organization of 16 Florida's K-20 education system; creating s. 17 229.007, F.S.; establishing Florida's K-20 18 education performance accountability system; 19 providing legislative intent; providing for 20 recommendations for performance-based funding; 21 establishing mission, goals, and systemwide 22 measures; creating s. 229.0072, F.S.; 23 establishing a reorganization implementation 24 process; requiring the Governor to appoint 25 university boards of trustees, a Florida Board 26 of Education, and a Secretary of the Florida 27 Board of Education; specifying duties of the 28 Secretary of the Florida Board of Education; 29 establishing duties of the Florida Board of 30 Education relating to the transition and 31 implementation of the K-20 system; requiring 150 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 the Florida Board of Education to appoint 2 advisory boards and to develop and recommend a 3 new School Code; requiring the Commissioner of 4 Education to work with the Florida Board of 5 Education and its secretary to achieve full 6 implementation of the seamless K-20 system and 7 to commence reorganization of the department as 8 required by the act; creating s. 229.0073, 9 F.S.; establishing the Education Reorganization 10 Workgroup to direct and oversee reorganization 11 of the Department of Education; providing 12 requirements for reorganization to include the 13 establishment of offices, divisions, and a 14 leadership team; providing duties of the 15 offices; transferring the SMART Schools 16 Clearinghouse to the Office of Educational 17 Facilities and SMART Schools Clearinghouse 18 within the Office of the Commissioner of 19 Education; creating s. 229.0074, F.S.; 20 establishing the mission of the Division of 21 Independent Education; providing for membership 22 and duties of the executive director; combining 23 and transferring the powers and duties of the 24 State Board of Independent Colleges and 25 Universities and the State Board of Nonpublic 26 Career Education, with an exception, to the 27 Commission for Independent Education; providing 28 for membership and duties of the commission; 29 providing that the Florida Education Governance 30 Reorganization Implementation Act does not 31 authorize further regulation of independent 151 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 schools or home education programs; creating s. 2 229.008, F.S.; providing for establishment and 3 membership of boards of trustees of 4 universities in the State University System; 5 providing for protections from civil liability; 6 creating s. 229.0081, F.S.; establishing powers 7 and duties of university boards of trustees; 8 creating s. 229.0082, F.S.; establishing powers 9 and duties of university presidents; 10 transferring the Florida Partnership for School 11 Readiness from the Executive Office of the 12 Governor to the Agency for Workforce 13 Innovation; transferring the Child Care 14 Executive Partnership Program, child care and 15 early childhood resource and referral, and the 16 subsidized child care program, including 17 statewide staff, to the Agency for Workforce 18 Innovation; transferring the prekindergarten 19 early intervention, migrant prekindergarten, 20 and Florida First Start programs, including 21 statewide staff, to the Agency for Workforce 22 Innovation; designating the Agency for 23 Workforce Innovation as lead agency for 24 specified federal purposes; amending s. 411.01, 25 F.S.; providing legislative intent with respect 26 to the School Readiness Act; providing for the 27 addition of members to the Florida Partnership 28 for School Readiness; providing duties of the 29 Florida Partnership for School Readiness; 30 deleting obsolete language and conforming 31 provisions; revising procedures for funding 152 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 school readiness programs; requiring the 2 implementation of a school readiness uniform 3 screening; providing for the development of 4 minimum child care licensing standards; 5 amending s. 216.136, F.S.; deleting certain 6 duties of the Social Services Estimating 7 Conference to conform; adding staff of the 8 Agency for Workforce Innovation to the School 9 Readiness Program Estimating Conference; 10 amending ss. 232.01 and 445.023, F.S.; 11 conforming language and correcting cross 12 references; effective January 1, 2002, 13 repealing ss. 228.061(1) and (2), 230.23(4)(o), 14 230.2303, 230.2305, and 230.2306, F.S., 15 relating to preschool and prekindergarten early 16 intervention programs in the public schools, 17 school board provision of early childhood and 18 basic skills development, the Florida First 19 Start Program, the prekindergarten early 20 intervention program, and prekindergarten 21 children service needs assessments; effective 22 January 1, 2002, repealing ss. 402.28, 23 402.281(1), 402.3015, 402.3027, 402.3028, 24 402.305(18), 402.3052, 402.3135(2)(c), and 25 402.45(2) and (6), F.S., relating to Child Care 26 Plus, the Gold Seal Quality Care program rating 27 system, the subsidized child care program, 28 observation and assessment of young children in 29 subsidized child care programs, referral for 30 assessment, the child care technical review 31 panel, the child development associate training 153 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 grants program, provision of assistance to 2 Child Care Plus facilities, and certain 3 requirements for the community resource mother 4 or father program; effective January 1, 2002, 5 repealing ss. 391.304(1)(a) and 411.222, F.S., 6 relating to Department of Health coordination 7 with the Department of Education and specified 8 councils and the State Coordinating Council for 9 School Readiness Programs; amending s. 228.082, 10 F.S.; revising the name of the Florida On-Line 11 High School to the Florida Virtual High School, 12 which school shall be housed within the 13 Commissioner of Education's Office of 14 Technology and Information Services and 15 monitored by the commissioner; stating the 16 mission of the Florida Virtual High School; 17 deleting obsolete language; revising the duties 18 of the school's board of trustees; requiring 19 the Department of Education to maximize federal 20 indirect cost allowed on federal grants; 21 requiring appropriation for expenditure of 22 funds received from indirect cost allowance; 23 effective June 30, 2002, repealing s. 229.8065, 24 F.S., relating to expenditures for the Knott 25 Data Center and projects, contracts, and grants 26 programs; amending s. 229.085, F.S.; removing 27 an exemption for personnel employed by projects 28 funded by contracts and grants; amending s. 29 240.205, F.S.; deleting provisions relating to 30 certain contractual obligations of the Board of 31 Regents; repealing s. 235.217(1)(b), (c), and 154 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 (d), (2), (3)(a), (c), (d), and (e), (4), and 2 (5), F.S., relating to membership and certain 3 duties of the SMART Schools Clearinghouse; 4 repealing ss. 240.145, 240.147, 240.209(2), 5 240.227, 240.307, and 240.311(4), F.S., 6 relating to the Postsecondary Education 7 Planning Commission, the powers and duties of 8 the commission, the Board of Regents 9 appointment of a Chancellor of the State 10 University System, powers and duties of 11 university presidents, the appointment of 12 members of the State Board of Community 13 Colleges, and the appointment of an executive 14 director of the community college system; 15 amending s. 240.3836, F.S.; revising provisions 16 relating to access to baccalaureate degree 17 programs; providing a process for authorizing 18 community colleges to offer baccalaureate 19 degree programs; amending s. 240.2011, F.S.; 20 adding New College of Florida in Sarasota 21 County to the State University System; creating 22 fiscally autonomous campuses of the University 23 of South Florida; amending s. 240.527, F.S.; 24 requiring a Campus Board of the University of 25 South Florida St. Petersburg; requiring 26 separate accreditation; providing powers and 27 duties of the Campus Board and the Campus 28 Executive Officer; providing a procedure for 29 preparing a budget request; providing for 30 central support services contracts and a letter 31 of agreement; excluding certain entities from 155 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 certain provisions; requiring a Campus Board of 2 the University of South Florida 3 Sarasota/Manatee; authorizing separate 4 accreditation; providing powers and duties of 5 the Campus Board and the Campus Executive 6 Officer; providing a procedure for preparing a 7 budget request; providing for central support 8 services contracts and a letter of agreement; 9 establishing a mission, goals, and board of 10 trustees for New College of Florida; providing 11 for accreditation; redesignating St. Petersburg 12 Junior College as St. Petersburg College; 13 requiring accreditation; providing a mission; 14 providing for students and fees; providing 15 conditional authority to offer baccalaureate 16 degree level programs; authorizing certain 17 baccalaureate degree programs and a process for 18 increasing their number; establishing a 19 governing board and a coordinating board; 20 providing for dispute resolution; providing for 21 certain employment classifications; providing 22 for the acquisition of land, buildings, and 23 equipment; authorizing the power of eminent 24 domain; providing for state funding; requiring 25 a cost study; providing for the Florida Bright 26 Futures Scholarship Testing Program; requiring 27 the Articulation Coordinating Committee to 28 identify scores, credit, and courses for which 29 credit may be awarded for specified 30 examinations; requiring the completion of 31 examinations for receipt of certain awards; 156 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 providing requirements with respect to the 2 award of credit; requiring annual reporting of 3 the effectiveness of the program; reenacting 4 and amending s. 240.551, F.S.; revising 5 provisions with respect to the Florida Prepaid 6 College Program; revising provisions with 7 respect to transfer and refund provisions; 8 revising provisions relating to appointment of 9 directors of the direct-support organization; 10 authorizing the purchase of advance payment 11 contracts for scholarships by nonprofit 12 organizations; 13 14 WHEREAS, in response to Floridians' amendment of s. 2, 15 Art. IX of the State Constitution requiring a seven-member 16 state board of education appointed by the Governor to 17 staggered 4-year terms, subject to confirmation by the Senate, 18 which "shall appoint the commissioner of education," the 2000 19 Legislature enacted the "Florida Education Governance 20 Reorganization Act of 2000" (chapter 2000-321, Laws of 21 Florida), and 22 WHEREAS, the Florida Education Governance 23 Reorganization Act of 2000 provided legislative policy and 24 guiding principles for a seamless kindergarten through 25 postgraduate education system; provided for the future repeal 26 of existing education entities and statutes; provided for 27 boards of trustees for each university in the State University 28 System; provided for the establishment and duties of the 29 Florida Board of Education and specified education governance 30 officers; and established the Education Governance 31 Reorganization Transition Task Force charged with the duty to 157 6:32 PM 05/04/01 s1162c-27j01
SENATE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ Barcode 020712 1 make recommendations to the Legislature, pursuant to a 2 legislatively established timeline, to accomplish a smooth and 3 orderly transition to the new education system, and 4 WHEREAS, the Education Governance Reorganization 5 Transition Task Force was timely appointed and has been 6 aggressively pursuing its statutory duties by holding meetings 7 and public hearings throughout the state, consulting with 8 education stakeholders and national experts, taking public 9 testimony, and working to expedite its recommendations, NOW, 10 THEREFORE, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 158 6:32 PM 05/04/01 s1162c-27j01