Senate Bill sb2108c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                    CS for CS for SB 2108

    By the Committees on Appropriations, Education and Senators
    Pruitt, Horne and Lawson




    309-1927A-01

  1                      A bill to be entitled

  2         An act relating to education governance

  3         reorganization; amending s. 240.3836, F.S.;

  4         providing legislative intent; providing a

  5         process for authorizing community colleges to

  6         offer baccalaureate degree programs; amending

  7         s. 240.527, F.S.; requiring a Campus Board of

  8         the University of South Florida St. Petersburg;

  9         requiring separate accreditation; providing

10         powers and duties of the Campus Board and the

11         Campus Executive Officer; providing a procedure

12         for preparing a budget request; providing for

13         central support services contracts and a letter

14         of agreement; excluding certain entities from

15         certain provisions; amending s. 240.2011, F.S.;

16         adding to the State University System the New

17         College in Sarasota; creating fiscally

18         autonomous campuses of the University of South

19         Florida; requiring a Campus Board of the

20         University of South Florida Sarasota/Manatee;

21         authorizing separate accreditation; providing

22         powers and duties of the Campus Board and the

23         Campus Executive Officer; providing a procedure

24         for preparing a budget request; providing for

25         central-support-services contracts and a letter

26         of agreement; establishing a mission, goals,

27         and board of trustees for New College of

28         Florida; providing Legislative intent;

29         redesignating St. Petersburg Junior College as

30         "St. Petersburg College"; requiring

31         accreditation; providing a mission; providing

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         for students and fees; providing conditional

  2         authority to offer baccalaureate-degree-level

  3         programs; authorizing certain

  4         baccalaureate-degree programs and a process for

  5         increasing their number; establishing a

  6         governing board and a coordinating board;

  7         providing for dispute resolution; providing for

  8         certain employment classifications; providing

  9         for the acquisition of land, buildings, and

10         equipment; authorizing the power of eminent

11         domain; providing for state funding; requiring

12         a cost-accounting process; amending s. 229.001,

13         F.S.; revising a short title to delete obsolete

14         language; amending s. 229.002, F.S.; revising

15         the policy and guiding principles of the

16         Legislature relating to education governance;

17         amending s. 229.003, F.S.; revising the

18         timeframe for education governance

19         reorganization; revising the titles of the

20         education governance officers; revising the

21         name of the Florida On-Line High School to

22         conform with changes made by the bill; revising

23         the membership of university boards of

24         trustees; abolishing the Board of Regents, the

25         State Board of Community Colleges, and the

26         Postsecondary Education Planning Commission;

27         transferring the powers, duties, functions,

28         records, personnel, property, unexpended

29         balances of appropriations, allocations, other

30         funds, administrative authority, administrative

31         rules, pending issues, and existing contracts

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         of the Board of Regents to the Florida Board of

  2         Education, of the State Board of Community

  3         Colleges to the Florida Board of Education, and

  4         of the Postsecondary Education Planning

  5         Commission to the Education K-20 Policy and

  6         Research Council, respectively; creating the

  7         Education K-20 Policy and Research Council

  8         within the Department of Education;

  9         transferring the Articulation Coordinating

10         Committee and the Education Standards

11         Commission by a type two transfer from the

12         Department of Education to the Florida Board of

13         Education; requiring the Commissioner of

14         Education to commence reorganization of the

15         department and specifying offices and

16         divisions; requiring the merger of the powers,

17         duties, and staffs of the State Board of

18         Independent Colleges and Universities and the

19         State Board of Nonpublic Career Education, with

20         an exception, into a single Commission for

21         Independent Education; creating s. 229.0031,

22         F.S.; creating the Education K-20 Policy and

23         Research Council; establishing the membership

24         and duties of the council; providing for the

25         appointment and employment of an executive

26         director; amending s. 229.004, F.S.; revising

27         the timeframe for the creation of the Florida

28         Board of Education; deleting the requirement

29         that the board be part time; revising the

30         duties and responsibilities of the board;

31         conforming terminology with changes made by the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         bill; providing cross-references to newly

  2         created missions and goals and guidelines;

  3         amending s. 229.005, F.S.; revising provisions

  4         relating to qualifications of Florida education

  5         governance officers to conform terminology to

  6         changes made by the bill and to provide

  7         cross-references to newly created missions and

  8         goals; requiring the Commissioner of Education

  9         to work with the board and oversee the

10         chancellors and the executive director and to

11         serve as chief executive officer of the

12         seamless K-20 education system; deleting

13         references to requirements of the Florida

14         Constitution relating to education; requiring

15         the Chancellor of Public Schools, the

16         Chancellor of Colleges and Universities, the

17         Chancellor of Community Colleges, and the

18         Executive Director of Independent Education to

19         work as division vice presidents of the

20         seamless K-20 education system; revising the

21         name of the Florida On-Line High School to

22         conform with changes made by the bill; amending

23         s. 229.006, F.S.; deleting obsolete language

24         relating to the creation and the already

25         accomplished duties of the Education Governance

26         Reorganization Transition Task Force; revising

27         the timeframe for the reorganization; requiring

28         the task force to provide guidance and

29         monitoring of the reorganization implementation

30         process and to report to the Governor, the

31         Legislature, the Secretary of the Florida Board

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         of Education, and the public on its progress;

  2         revising the timeframe and recipients of the

  3         final report of the task force; creating s.

  4         229.0061, F.S.; establishing guidelines for the

  5         implementation, structure, functions, and

  6         organization of Florida's K-20 education

  7         system; creating s. 229.007, F.S.; establishing

  8         Florida's K-20 education performance

  9         accountability system; providing legislative

10         intent; establishing the mission and goals and

11         systemwide measures; requiring proposals and an

12         implementation schedule for performance-based

13         funding; creating s. 229.0072, F.S.;

14         establishing a reorganization implementation

15         process; requiring the Governor to appoint

16         university boards of trustees, a Florida Board

17         of Education and a Secretary of the Florida

18         Board of Education; establishing duties of the

19         Florida Board of Education relating to the

20         transition and implementation of the K-20

21         system; requiring the Commissioner of Education

22         to work with the Florida Board of Education to

23         achieve full implementation of the seamless

24         K-20 system and to commence reorganization of

25         the department as required by the act;

26         requiring the Florida Board of Education to

27         appoint advisory bodies as necessary, and

28         develop and recommend to the Legislature a new

29         School Code; creating s. 229.0073, F.S.;

30         directing the Commissioner of Education to work

31         with the Florida Board of Education to

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         reorganize the Department of Education as

  2         provided by the act; creating s. 229.0074,

  3         F.S.; establishing the mission of the Division

  4         of Independent Education; providing duties of

  5         the executive director; combining and

  6         transferring the powers and duties of the State

  7         Board of Independent Colleges and Universities

  8         and the State Board of Nonpublic Career

  9         Education, with an exception, to the Commission

10         for Independent Education; providing duties of

11         the commission; providing composition of the

12         Commission for Independent Education; creating

13         s. 229.008, F.S.; providing for establishment

14         and membership of boards of trustees of

15         universities in the State University System;

16         creating s. 229.0081, F.S.; establishing powers

17         and duties of university boards of trustees;

18         creating s. 229.0082, F.S.; establishing powers

19         and duties of university presidents; creating

20         s. 229.0083, F.S.; transferring the Partnership

21         for School Readiness from the Executive Office

22         of the Governor to the Agency for Workforce

23         Innovation; revising the name of the Florida

24         On-Line High School to the Florida Virtual High

25         School, which school shall be housed within the

26         Commissioner of Education's Office of

27         Technology and Information Services and

28         monitored by the commissioner; stating the

29         mission of the Florida Virtual High School;

30         deleting obsolete language; revising the duties

31         of the school's board of trustees; requiring

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         the Department of Education to maximize federal

  2         indirect cost allowed on federal grants;

  3         requiring appropriation for expenditure of

  4         funds received from indirect cost allowance;

  5         repealing s. 229.0865, F.S., relating to the

  6         Knott Data Center and projects, contracts, and

  7         grants; amending s. 229.085, F.S.; removing an

  8         exemption for personnel employed by projects

  9         funded by contracts and grants; repealing ss.

10         240.145, 240.147, 240.209(2), 240.227, 240.307,

11         and 240.311(4), F.S., relating to the

12         Postsecondary Education Planning Commission,

13         the powers and duties of the commission, the

14         Board of Regents appointment of a Chancellor of

15         the State University System, powers and duties

16         of university presidents, the appointment of

17         members of the State Board of Community

18         Colleges, and the appointment of an executive

19         director of the community college system;

20         repealing s. 235.217(1)(b), (c), and (d),

21         (3)(a), (c), (d), and (e), and (2), (4), and

22         (5), F.S., relating to the SMART Schools

23         Clearinghouse; providing effective dates.

24

25         WHEREAS, in response to Floridians' amendment of s. 2,

26  Art. IX of the State Constitution requiring a seven-member

27  state board of education appointed by the Governor to

28  staggered 4-year terms, subject to confirmation by the Senate,

29  which "shall appoint the commissioner of education," the 2000

30  Legislature enacted the "Florida Education Governance

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  Reorganization Act of 2000" (chapter 2000-321, Laws of

  2  Florida), and

  3         WHEREAS, the Florida Education Governance

  4  Reorganization Act of 2000 provided legislative policy and

  5  guiding principles for a seamless kindergarten through

  6  postgraduate education system; provided for the future repeal

  7  of existing education entities and statutes; provided for

  8  nine-member boards of trustees for each university in the

  9  State University System; provided for the establishment and

10  duties of the Florida Board of Education and specified

11  education governance officers; and established the Education

12  Governance Reorganization Transition Task Force charged with

13  the duty to make recommendations to the Legislature, pursuant

14  to a legislatively established timeline, to accomplish a

15  smooth and orderly transition to the new education system, and

16         WHEREAS, the Education Governance Reorganization

17  Transition Task Force was timely appointed and has been

18  aggressively pursuing its statutory duties by holding meetings

19  and public hearings throughout the state, consulting with

20  education stakeholders and national experts, taking public

21  testimony, and working to expedite its recommendations, NOW,

22  THEREFORE,

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Section 240.3836, Florida Statutes, is

27  amended to read:

28         240.3836  Site-determined baccalaureate degree access

29  program; funding.--

30         (1)  The Legislature recognizes that public and private

31  postsecondary education institutions play essential roles in

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  improving the quality of life and economic well-being of the

  2  state and its residents. The Legislature also recognizes that

  3  economic development needs and the educational needs of

  4  place-bound, nontraditional students have increased the demand

  5  for local access to baccalaureate degree programs. In some,

  6  but not all, geographic regions, baccalaureate degree programs

  7  are being delivered successfully at the local community

  8  college through agreements between the community college and

  9  4-year postsecondary institutions within or outside of the

10  state.  It is therefore the intent of the Legislature to

11  further expand access to baccalaureate degree programs through

12  the use of community colleges apply this concept in the

13  creation and funding of a program that supports local economic

14  development and responds to public demand for increased access

15  to baccalaureate degrees in areas of the state that are

16  underserved by 4-year institutions.

17         (2)  A community college may be authorized by the State

18  Board of Education to offer a limited number of baccalaureate

19  degrees designed to meet local workforce needs through one of

20  the following processes:

21         (a)  A community college may enter into a formal

22  agreement with the state university in its service area for

23  the community college to deliver specified baccalaureate

24  degree programs. The agreement must be submitted to the State

25  Board of Education for approval. The college's proposal must

26  include the following information:

27         1.  Demand for the baccalaureate degree program is

28  identified by the workforce development board, local

29  businesses and industry, local chambers of commerce, and

30  potential students.

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         2.  Unmet need for graduates of the proposed degree

  2  program is substantiated.

  3         3.  The community college has the facilities and

  4  academic resources to deliver the program.

  5

  6  The proposal must be submitted to the Postsecondary Education

  7  Planning Commission for review and comment. Upon approval of

  8  the State Board of Education for the specific degree program

  9  or programs, the college shall pursue regional accreditation

10  by the Commission on Colleges of the Southern Association of

11  Colleges and Schools. Any additional baccalaureate degree

12  programs the college wishes to offer must be approved by the

13  State Board of Education.

14         (b)  A community college may develop a proposal to

15  deliver specified baccalaureate degree programs in its

16  district. The proposal must be submitted to the State Board of

17  Education for approval. The college's proposal must include

18  the following information:

19         1.  Demand for the baccalaureate degree program is

20  identified by the workforce development board, local

21  businesses and industry, local chambers of commerce, and

22  potential students.

23         2.  Unmet need for graduates of the proposed degree

24  program is substantiated.

25         3.  The community college has the facilities and

26  academic resources to deliver the program.

27

28  The proposal must be submitted to the Postsecondary Education

29  Planning Commission for review and comment. Upon approval of

30  the State Board of Education for the specific degree program

31  or programs, the college shall pursue regional accreditation

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  by the Commission on Colleges of the Southern Association of

  2  Colleges and Schools. Any additional baccalaureate degree

  3  programs the college wishes to offer must be approved by the

  4  State Board of Education.

  5         (3)  A community college may not terminate its

  6  Associate-in-Arts or Associate-in-Science degree programs as a

  7  result of the authorization provided in subsection (2). The

  8  Legislature intends that the primary mission of a community

  9  college, including a college that offers baccalaureate-degree

10  programs, continues to be the provision of associate degrees

11  that provide access to a university.

12         (2)  Categorical funding is authorized for the

13  site-determined baccalaureate degree access program created by

14  this section. Funds may not be used to support the

15  construction, renovation, or remodeling of facilities. This

16  program is voluntary and does not preclude other mutually

17  agreed upon arrangements between community colleges and 4-year

18  institutions for the delivery of baccalaureate degrees on

19  community college sites.

20         (3)  Each community college wishing to participate in

21  the site-determined baccalaureate degree access program must:

22         (a)  Identify baccalaureate degree programs that are

23  not currently offered at the community college but are

24  proposed for delivery at the college to meet the academic and

25  economic development needs of one or more communities within

26  the college's service area. When assessing local needs, the

27  college should seek input from the appropriate chamber of

28  commerce, workforce development council, and other civic and

29  business groups. As used in this section, the term "economic

30  development" means entrepreneurial efforts, the attraction of

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  new business and industry to the area, and the expansion of

  2  existing business and industry.

  3         (b)  Determine the number of students interested in

  4  pursuing each proposed baccalaureate degree program and

  5  identify the enrollment patterns, any special characteristics

  6  of those students, and any unique combination or modification

  7  of course offerings that may be necessary to meet student

  8  enrollment needs.

  9         (c)  Submit a proposal to the Postsecondary Education

10  Planning Commission requesting validation of the need for the

11  proposed baccalaureate degree program and tentative approval

12  for program funding. The proposal must include:

13         1.  A description of each proposed baccalaureate degree

14  program identifying the junior-level and senior-level courses

15  to be offered and designating whether the program should be

16  offered for a cohort group or as an ongoing degree program.

17         2.  Evidence that local occupational forecasts support

18  the existence of jobs for graduates of the proposed

19  baccalaureate degree programs.

20         3.  An estimated number of students to be served by

21  each proposed degree program.

22         4.  An assurance that the community college's existing

23  facilities are sufficient to meet the additional demands for

24  classroom and laboratory space for the proposed degree

25  programs.

26         5.  Evidence that the college has requested the

27  participation of no fewer than three regionally accredited

28  4-year postsecondary institutions, including at least one

29  member of the State University System.  Any member of the

30  State University System and any independent, regionally

31  accredited, 4-year institution that is chartered in, and has

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  its primary campus located in, Florida may be a partner in a

  2  site-determined baccalaureate degree access program at any

  3  community college.

  4         6.  A tentative agreement between the community college

  5  and the 4-year postsecondary institution selected to offer the

  6  upper-level courses leading to the proposed degree or degrees.

  7         7.  Any additional provisions that the Postsecondary

  8  Education Planning Commission considers pertinent to the

  9  proposal.

10         (4)  The Postsecondary Education Planning Commission,

11  after soliciting comments from the Board of Regents and the

12  State Board of Community Colleges, shall validate the need for

13  each baccalaureate degree program proposed for delivery

14  according to this section and shall notify the community

15  college that its proposal has been approved or rejected.  The

16  commission shall establish procedures for the timely

17  submission, review, and approval of the proposals and

18  agreements required by this section. These procedures must be

19  designed to allow the initiation of approved baccalaureate

20  degree programs at least 3 times each fiscal year.

21         (5)  Once the Postsecondary Education Planning

22  Commission validates the need for the proposed baccalaureate

23  degree program and notifies the community college that its

24  proposal has been approved, the community college shall

25  finalize an agreement with the regionally accredited, public

26  or nonpublic, 4-year postsecondary institution selected to

27  provide the upper-level instructional services in the approved

28  baccalaureate degree program. The commission shall identify

29  the common aspects that each agreement must address,

30  including, but not limited to:

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (a)  A course delivery pattern based on the student

  2  enrollment patterns and characteristics included in the

  3  approved proposal.

  4         (b)  An articulation provision that guarantees

  5  acceptance of students who hold an associate in arts or

  6  associate in science degree and satisfy any other

  7  prerequisites for admission to the specific baccalaureate

  8  degree program.

  9         (c)  The provision of library services and student

10  support services.

11         (d)  An agreement that the participating 4-year

12  postsecondary institution will continue offering instructional

13  services at least until all qualified members of the initial

14  group of students have had an opportunity to complete the

15  degree program.

16         (e)  The specific and measurable performance criteria

17  that the Postsecondary Education Planning Commission may use

18  to evaluate the outcomes and outputs of the baccalaureate

19  degree program within an identified timeframe.

20         (f)  An agreement that in-state student tuition for the

21  degree program will not exceed the matriculation fee for the

22  State University System unless the proposal approved by the

23  Postsecondary Education Planning Commission allows the

24  participating institutions to charge differentiated tuition

25  and fees to encourage student attendance and participation.

26  Out-of-state students shall pay full costs.  Notwithstanding

27  s. 240.605, students participating in a site-determined

28  baccalaureate degree program may not receive a Florida

29  Resident Access Grant.

30         (6)  Each participating community college must submit

31  the agreement required by this section to the Postsecondary

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  Education Planning Commission for review and final approval

  2  before initiating an approved site-determined baccalaureate

  3  degree access program. Subject to the availability of

  4  legislative appropriations specifically provided for this

  5  purpose, the Postsecondary Education Planning Commission must

  6  recommend to the Commissioner of Education the total funds to

  7  be released to each participating community college for the

  8  initiation of the approved site-determined baccalaureate

  9  degree access program. The community college shall distribute

10  funds to the participating 4-year postsecondary institution at

11  the rate specified in the approved agreement. The

12  Postsecondary Education Planning Commission shall not

13  recommend the release of funding for any program that is

14  terminated before or after the evaluation required by this

15  section.  The total funds to be released for the initiation of

16  an approved program shall be based on the number of fundable

17  upper-level student credit hours for each term. Unless

18  otherwise provided in an appropriations act, the funding per

19  credit hour shall be an amount equal to the state funds,

20  excluding student fees, appropriated to the State University

21  System for each full-time equivalent student enrolled in

22  upper-level course work. Student credit hours funded under

23  this program may not be duplicated in any other calculation of

24  state funding for the 4-year institution.

25         (7)  The Postsecondary Education Planning Commission

26  may require the participating community colleges and 4-year

27  postsecondary institutions to submit information necessary to

28  monitor the annual performance of the program. Within 90 days

29  after the 2nd and 4th year of the site-determined

30  baccalaureate degree access program, the commission shall

31  submit to the chairs of the education and fiscal committees of

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  the Legislature a progress report, including an evaluation of

  2  the funding mechanism created by this section. The commission

  3  shall review each site-determined baccalaureate degree access

  4  program funded under this section to ascertain whether the

  5  performance measures specified in the agreement between the

  6  participating community college and the 4-year institution

  7  have been met. Each program must be reviewed 4 years after

  8  initiation unless a shorter timeframe is specified in the

  9  agreement. The performance measures must include the student

10  graduation rate, the employment rate of program graduates both

11  within and outside the community college service area, the

12  continuing need to offer the specific baccalaureate degree

13  program in the community college service area, and such other

14  information as the Postsecondary Education Planning Commission

15  may determine necessary for program and performance

16  evaluation. Based on its evaluation, the commission shall

17  either approve continuation of the program, require

18  modifications prior to program approval, or recommend that the

19  participating institutions terminate the program after all

20  qualified members of the initial group of students have an

21  opportunity to complete the degree program. The commission

22  must submit to the Commissioner of Education for inclusion in

23  the legislative budget a request for funding for approved

24  site-determined baccalaureate degree access programs.

25         (8)  If no accredited 4-year institution is willing to

26  provide a baccalaureate degree program approved by the

27  Postsecondary Education Planning Commission under this

28  section, the community college board of trustees may ask the

29  commission to evaluate the college's request to offer the

30  degree program. If the commission is satisfied that the

31  community college should offer the degree program, it shall

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  recommend to the Legislature the enactment of statutory

  2  authority for the community college to offer that specific

  3  baccalaureate degree program.

  4         Section 2.  Section 240.527, Florida Statutes, is

  5  amended to read:

  6         (Substantial rewording of section. See

  7         s. 240.527, F.S., for present text.)

  8         240.527 The University of South Florida St.

  9  Petersburg.--

10         (1)  The St. Petersburg campus of the University of

11  South Florida is established and shall be known as the

12  "University of South Florida St. Petersburg."

13         (a)  The Legislature intends that the University of

14  South Florida St. Petersburg be operated and maintained as a

15  separate organizational and budget entity of the University of

16  South Florida, and that all legislative appropriations for the

17  University of South Florida St. Petersburg be set forth as

18  separate line items in the annual General Appropriations Act.

19         (b)  The University of South Florida St. Petersburg

20  shall have a Campus Board and a Campus Executive Officer.

21         (c)  As soon as possible, but no later than the

22  effective date of this act, the President of the University of

23  South Florida shall begin the process of application to the

24  Commission on Colleges of the Southern Association of Colleges

25  and Schools for separate accreditation of the University of

26  South Florida St. Petersburg. If the application is not

27  approved or is provisionally approved, the University of South

28  Florida shall correct any identified deficiencies and shall

29  continue to work for accreditation.

30         (2)  The Board of Trustees of the University of South

31  Florida shall appoint to the Campus Board, from

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  recommendations of the President of the University of South

  2  Florida, five residents of Pinellas County. If a resident of

  3  Pinellas County is appointed to the Board of Trustees of the

  4  University of South Florida, the board shall appoint that

  5  member to serve jointly as a member of the Campus Board. If

  6  more than one Pinellas County resident is appointed to the

  7  Board of Trustees, the board shall select one joint member.

  8  The Board of Trustees may reappoint a member to the Campus

  9  Board for one additional term. The Campus Board has the powers

10  and duties provided by law, which include the authority to:

11         (a)  Review and approve an annual legislative budget

12  request to be submitted to the Commissioner of Education. The

13  Campus Executive Officer shall prepare the legislative budget

14  request in accordance with guidelines established by the

15  Florida Board of Education. This request must include items

16  for campus operations and fixed capital outlay.

17         (b)  Approve and submit an annual operating plan and

18  budget for review and consultation by the Board of Trustees of

19  the University of South Florida.  The campus operating budget

20  must reflect the actual funding available to that campus from

21  separate line-item appropriations contained in each annual

22  General Appropriations Act, which line-item appropriations

23  must initially reflect the funds reported to the Florida

24  Legislature for the University of South Florida St. Petersburg

25  Campus for fiscal year 2000-2001 and any additional funds

26  provided in the fiscal year 2001-2002 legislative

27  appropriation.

28         (c)  Enter into central support services contracts with

29  the Board of Trustees of the University of South Florida for

30  any services that the St. Petersburg campus cannot provide

31  more economically, including payroll processing, accounting,

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  technology, construction administration, and other desired

  2  services. However, all legal services for the campus must be

  3  provided by a central services contract with the university.

  4  The Board of Trustees of the University of South Florida and

  5  the Campus Board shall determine in a letter of agreement any

  6  allocation or sharing of student fee revenue between the

  7  University of South Florida's main campus and the St.

  8  Petersburg campus.

  9

10  The Board of Trustees of the University of South Florida may

11  lawfully delegate other powers and duties to the Campus Board

12  for the efficient operation and improvement of the campus and

13  for the purpose of vesting in the campus the attributes

14  necessary to meet the requirements for separate accreditation

15  by the Southern Association of Colleges and Schools.

16         (3)  The University of South Florida St. Petersburg

17  shall be administered by a Campus Executive Officer who shall

18  be appointed by, report directly to, and serve at the pleasure

19  of the President of the University of South Florida. The

20  President shall consult with the Campus Board before hiring or

21  terminating the Campus Executive Officer. The Campus Executive

22  Officer has authority and responsibility as provided in law,

23  including the authority to:

24         (a)  Administer campus operations within the annual

25  operating budget as approved by the Campus Board.

26         (b)  Recommend to the Campus Board an annual

27  legislative budget request that includes funding for campus

28  operations and fixed capital outlay.

29         (c)  Recommend to the Campus Board an annual campus

30  operating budget.

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (d)  Recommend to the Campus Board appropriate services

  2  and terms and conditions to be included in annual central

  3  support services contracts.

  4         (e)  Carry out any additional responsibilities assigned

  5  or delegated by the President of the University of South

  6  Florida for the efficient operation and improvement of the

  7  campus, especially any authority necessary for the purpose of

  8  vesting in the campus attributes necessary to meet the

  9  requirements for separate accreditation.

10         (4)  Students enrolled at the University of South

11  Florida, including those enrolled at a branch campus, have the

12  same rights and obligations as provided by law, policy, or

13  rule adopted by the University of South Florida, the Florida

14  Department of Education, or other lawful entity. The

15  University of South Florida shall provide a comprehensive and

16  coordinated system of student registration so that a student

17  enrolled at any campus of the University of South Florida has

18  the ability to register for courses at any other campus of the

19  University of South Florida.

20         (5)  The following entities are not affected by this

21  section and remain under the administrative control of the

22  University of South Florida:

23         (a)  The University of South Florida College of Marine

24  Science, which is a component college of the main campus.

25         (b)  The Florida Institute of Oceanography, which is a

26  Type One Institute.

27         (c)  The University of South Florida Pediatric Research

28  Center.

29         (d)  The University of South Florida/USGS joint

30  facility.

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         Section 3.  Effective July 1, 2001, subsection (5) of

  2  section 240.2011, Florida Statutes, is amended, and subsection

  3  (12) is added to that section, to read:

  4         240.2011  State University System defined.--The State

  5  University System shall consist of the following:

  6         (5)  The University of South Florida, with a main

  7  campus located in Hillsborough County and two fiscally

  8  autonomous campuses, one in Pinellas County, named the

  9  University of South Florida St. Petersburg, and the other

10  named the University of South Florida Sarasota/Manatee.

11         (12)  New College of Florida, located in Sarasota

12  County, which is the 4-year residential liberal arts honors

13  college of the state of Florida.

14         Section 4.  The University of South Florida

15  Sarasota/Manatee.--

16         (1)  The Sarasota/Manatee campus of the University of

17  South Florida is established and shall be known as the

18  "University of South Florida Sarasota/Manatee."

19         (a)  The Legislature intends that the University of

20  South Florida Sarasota/Manatee be operated and maintained as a

21  separate organizational and budget entity of the University of

22  South Florida and that all legislative appropriations for the

23  University of South Florida Sarasota/Manatee be set forth as

24  separate line items in the annual General Appropriations Act.

25         (b)  The University of South Florida Sarasota/Manatee

26  shall have a Campus Board and a Campus Executive Officer.

27         (c)  As soon as possible, but no later than July 1,

28  2002, the President of the University of South Florida shall

29  begin the process of application to the Commission on Colleges

30  of the Southern Association of Colleges and Schools for

31  separate accreditation of the University of South Florida

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  Sarasota/Manatee. If the application is not approved or is

  2  provisionally approved, the University of South Florida shall

  3  correct any identified deficiencies and shall continue to work

  4  for accreditation.

  5         (2)  The Board of Trustees of the University of South

  6  Florida shall appoint to the Campus Board, from

  7  recommendations of the President of the University of South

  8  Florida, three residents of Manatee County and two residents

  9  of Sarasota County, to serve 4-year staggered terms. If one or

10  more residents of Sarasota County or Manatee County is

11  appointed to the Board of Trustees of the University of South

12  Florida, the board shall, at the next vacancy of the campus

13  board, appoint one of those members to serve jointly as a

14  member of the Campus Board. The Board of Trustees may

15  reappoint a member to the Campus Board for one additional

16  term. The Campus Board has the powers and duties provided by

17  law, which include the authority to:

18         (a)  Review and approve an annual legislative budget

19  request to be submitted to the Commissioner of Education. The

20  Campus Executive Officer shall prepare the legislative budget

21  request in accordance with guidelines established by the

22  Florida Board of Education. This request must include items

23  for campus operations and fixed capital outlay.

24         (b)  Approve and submit an annual operating plan and

25  budget for review and consultation by the Board of Trustees of

26  the University of South Florida. The campus operating budget

27  must reflect the actual funding available to that campus from

28  separate line-item appropriations contained in each annual

29  General Appropriations Act, which line-item appropriations

30  must initially reflect the funds reported to the Florida

31  Legislature for the University of South Florida

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  Sarasota/Manatee Campus for fiscal year 2000-2001 and any

  2  additional funds provided in the fiscal year 2001-2002

  3  legislative appropriation.

  4         (c)  Enter into central support services contracts with

  5  the Board of Trustees of the University of South Florida for

  6  any services that the campus at Sarasota/Manatee cannot

  7  provide more economically, including payroll processing,

  8  accounting, technology, construction administration, and other

  9  desired services. However, all legal services for the campus

10  must be provided by a central services contract with the

11  university. The Board of Trustees of the University of South

12  Florida and the Campus Board shall determine in a letter of

13  agreement any allocation or sharing of student fee revenue

14  between the University of South Florida's main campus and the

15  Sarasota/Manatee campus.

16

17  The Board of Trustees of the University of South Florida may

18  lawfully delegate other powers and duties to the Campus Board

19  for the efficient operation and improvement of the campus and

20  for the purpose of vesting in the campus the attributes

21  necessary to meet the requirements for separate accreditation

22  by the Southern Association of Colleges and Schools.

23         (3)  The University of South Florida Sarasota/Manatee

24  shall be administered by a Campus Executive Officer who shall

25  be appointed by, report directly to, and serve at the pleasure

26  of the President of the University of South Florida. The

27  President shall consult with the Campus Board before hiring or

28  terminating the Campus Executive Officer. The Campus Executive

29  Officer has authority and responsibility as provided in law,

30  including the authority to:

31

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (a)  Administer campus operations within the annual

  2  operating budget as approved by the Campus Board.

  3         (b)  Recommend to the Campus Board an annual

  4  legislative budget request that includes funding for campus

  5  operations and fixed capital outlay.

  6         (c)  Recommend to the Campus Board an annual campus

  7  operating budget.

  8         (d)  Recommend to the Campus Board appropriate services

  9  and terms and conditions to be included in annual central

10  support services contracts.

11         (e)  Carry out any additional responsibilities assigned

12  or delegated by the President of the University of South

13  Florida for the efficient operation and improvement of the

14  campus, especially any authority necessary for the purpose of

15  vesting in the campus attributes necessary to meet the

16  requirements for separate accreditation.

17         (4)  Students enrolled at the University of South

18  Florida, including those enrolled at a branch campus, have the

19  same rights and obligations as provided by law, policy, or

20  rule adopted by the University of South Florida, the Florida

21  Department of Education, or other lawful entity. The

22  University of South Florida shall provide a comprehensive and

23  coordinated system of student registration so that a student

24  enrolled at any campus of the University of South Florida has

25  the ability to register for courses at any other campus of the

26  University of South Florida.

27         (5)  Promote technology transfer between the research

28  operations of the University of South Florida and local

29  economic development agencies.

30         Section 5.  New College of Florida.--

31

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (1)  Mission and goals.--As a member of the State

  2  University System of Florida, New College of Florida preserves

  3  its distinctive mission as a residential liberal arts honors

  4  college. To maintain this mission, New College of Florida has

  5  the following goals:

  6         (a)  To provide a quality education to students of high

  7  ability who, because of their ability, deserve a program of

  8  study that is both demanding and stimulating.

  9         (b)  To engage in undergraduate educational reform by

10  combining educational innovation with educational excellence.

11         (c)  To provide programs of study that allow students

12  to design their educational experience as much as possible in

13  accordance with their individual interests, values, and

14  abilities.

15         (d)  To challenge undergraduates not only to master

16  existing bodies of knowledge but also to extend the frontiers

17  of knowledge through original research.

18         (2)  Accreditation.--As soon as possible, New College

19  of Florida shall apply to the Commission on Colleges of the

20  Southern Association of Colleges and Schools for separate

21  accreditation.

22         (3)  Board of Trustees.--The Governor shall appoint 11

23  members to the Board of Trustees, to serve 4-year staggered

24  terms, as follows:

25         (a)  Three residents of Sarasota County.

26         (b)  Two residents of Manatee County.

27         (c)  Until the expiration date of the terms of office

28  of the members who are on the board June 30, 2001, six members

29  shall be selected from the Board of Trustees of the New

30  College Foundation.

31

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         Section 6.  Legislative intent.--The Legislature

  2  intends to create an innovative means to increase access to

  3  baccalaureate-degree-level education in populous counties that

  4  are underserved by public baccalaureate-degree-granting

  5  institutions. This education is intended to address the

  6  state's workforce needs, especially the need for teachers,

  7  nurses, and business managers in agencies and firms that

  8  require expertise in technology.

  9         Section 7.  St. Petersburg College; mission.--St.

10  Petersburg Junior College is redesignated as St. Petersburg

11  College. The college shall immediately seek accreditation from

12  the Southern Association of Colleges and Schools as a

13  baccalaureate-degree-granting college.

14         (1)  The primary mission of St. Petersburg College is

15  to provide high-quality undergraduate education at an

16  affordable price for students and the state. The purpose is to

17  promote economic development by preparing people for

18  occupations that require a bachelor's degree and are in demand

19  by existing or emerging public and private employers in this

20  state.

21         (2)  The college is to maintain the mission and

22  policies of a Florida community college, including the

23  open-door admissions policy and the authority to offer all

24  programs consistent with a public community college's

25  authority.

26         (3)  St. Petersburg College shall maintain the

27  distinction between the college and its university center. St.

28  Petersburg College is limited to community college programs

29  and to selected baccalaureate-degree-level programs that meet

30  community needs and are authorized as provided by this act.

31  The University Center may make available more diverse program

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  offerings, but those programs are offered by a participating

  2  college or university and are not to be classified or funded

  3  as a program of St. Petersburg College.

  4         (4)  The academic policies of the upper-division

  5  program at St. Petersburg College must be in accordance with

  6  policies of the State University System.

  7         (5)  Sections 240.293 and 240.2945, Florida Statutes,

  8  apply to St. Petersburg College. 

  9         Section 8.  St. Petersburg College; students.--

10         (1)  St. Petersburg College shall maintain separate

11  records for students who are enrolled in courses classified in

12  the upper division and lower division of a baccalaureate

13  program, according to the Common Course Numbering System. A

14  student shall be reported as a community college student for

15  enrollment in a lower-division course and as a

16  baccalaureate-degree-program student for enrollment in an

17  upper-division course.

18         (2)  The Board of Trustees of St. Petersburg College

19  shall establish the level of matriculation, tuition, and other

20  authorized student fees.

21         (a)  For each credit hour of enrollment in a

22  certificate-level course or lower-division-level college

23  credit course, matriculation and tuition fees must be within

24  the range authorized in law and rule for a community college

25  student at that level.

26         (b)  For each credit hour of enrollment in an

27  upper-division-level course, matriculation and tuition fees

28  must be in an amount established by the Board of Trustees of

29  St. Petersburg College. However, fees for upper-division

30  students must reflect the fact that the college does not incur

31  the costs of major research programs. Therefore, the board

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  shall establish fees for upper-division students within a

  2  range that is lower than the fees established for students at

  3  a public university but higher than the fees for community

  4  college students.

  5         (c)  Other mandatory fees and local fees must be at the

  6  same level for all lower division students. For upper division

  7  students, other mandatory fees and local fees must be at a

  8  level less than fees established for University of South

  9  Florida students, regardless of program enrollment or level.

10  However, students in workforce development education courses

11  maintain the authorized fee exemptions described in section

12  239.117, Florida Statutes, and may be exempt from local fees

13  imposed by the Board of Trustees, at the board's discretion.

14         Section 9.  St. Petersburg College; degrees.--

15         (1)  In addition to the certificates, diplomas, and

16  degrees authorized in section 240.301, Florida Statutes, St.

17  Petersburg College may offer selected baccalaureate degrees.

18  Initially, the college may offer programs that lead to a

19  baccalaureate degree in the following fields:

20         (a)  Bachelor of Science in Nursing. This program must

21  be designed to articulate with the Associate in Science Degree

22  in nursing. St. Petersburg College shall continue to offer the

23  Associate in Science degree in nursing.

24         (b)  Bachelor of Arts and Bachelor of Science in

25  Elementary Education.

26         (c)  Bachelor of Arts and Bachelor of Science in

27  Special Education.

28         (d)  Bachelor of Arts and Bachelor of Science in

29  Secondary Education.

30         (e)  Bachelor of Applied Science in fields selected by

31  the Board of Trustees of St. Petersburg College. The board

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  shall base the selection on an analysis of workforce needs and

  2  opportunities in the following counties: Pinellas, Pasco,

  3  Hernando, and other counties approved by the Florida

  4  Department of Education. For each program selected, St.

  5  Petersburg College must offer a related Associate-in-Science

  6  or Associate-in-Applied-Science degree program, and the

  7  baccalaureate-degree-level program must be designed to

  8  articulate fully with at least one Associate-in-Science degree

  9  program. The college is encouraged to develop articulation

10  agreements for enrollment of graduates of related

11  Associate-in-Applied-Science degree programs.

12         (2)  St. Petersburg College may offer courses that

13  enable teachers to qualify for certification and

14  recertification as required by law or rule.

15         (3)  The college may offer programs to provide

16  opportunities for a person who holds a baccalaureate degree,

17  but is not certified to teach, to obtain any additional

18  courses required for teacher certification.

19         (4)  Masters-degree-level programs and doctoral

20  programs may be provided by agreement with a college or

21  university participating in the University Center of St.

22  Petersburg College.

23         (5)  For those students living outside Pinellas County,

24  St. Petersburg College shall recruit for the upper-division

25  only those students who have earned an associate degree. In

26  recruiting upper division students in Pasco and Hernando

27  Counties, St. Petersburg College shall work cooperatively with

28  Pasco-Hernando Community College and shall seek to offer

29  courses and programs at Pasco-Hernando Community College when

30  feasible. The nursing programs, in particular, must be

31  conducted cooperatively, and programs at St. Petersburg

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  College shall not conflict with Pasco-Hernando Community

  2  College's and the University of South Florida's cooperative

  3  nursing program.

  4         Section 10.  St. Petersburg College; boards.--

  5         (1)  The Board of Trustees of St. Petersburg Junior

  6  College is renamed the Board of Trustees of St. Petersburg

  7  College and serves as its governing board. The Governor shall

  8  appoint members as provided in section 240.313, Florida

  9  Statutes, and the board has the duties and authorities granted

10  in sections 240.315 and 240.319, Florida Statutes, and by

11  rules of the State Board of Education.

12         (2)  The Board of Trustees of St. Petersburg College

13  may authorize direct support organizations as authorized in

14  sections 240.299 and 240.331, Florida Statutes.

15         (3)  The Board of Trustees of St. Petersburg College

16  may continue to award degrees, diplomas, and certificates as

17  authorized for St. Petersburg Junior College, and in the name

18  of St. Petersburg Junior College, until St. Petersburg College

19  receives its accreditation.

20         (4)  A coordinating board shall assist the Board of

21  Trustees in its deliberations concerning issues that affect

22  the upper division of the college. The coordinating board

23  consists of the President of the University of South Florida,

24  the President of St. Petersburg College, the President of

25  Pasco-Hernando Community College, and the chairpersons of the

26  boards of trustees of those institutions.

27         (5)  Beginning 4 years after the college receives

28  accreditation to offer baccalaureate degrees, the Board of

29  Trustees of St. Petersburg College may determine additional

30  programs to be offered, with the approval of the coordinating

31

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  board. The determination must consider community needs and

  2  economic opportunities.

  3         (6)  The coordinating board shall meet at the request

  4  of the President of the University of South Florida or the

  5  President of St. Petersburg College.

  6         (7)  If the coordinating board cannot decide an issue

  7  of importance to the programs designed for upper-division

  8  students, the chief educational officer of this state shall

  9  resolve the issue.

10         Section 11.  St. Petersburg College; employees.--

11         (1)  Employment at St. Petersburg College is governed

12  by the same laws that govern community colleges, except that

13  upper-division faculty are eligible for continuing contract

14  upon the completion of the fifth year of teaching.

15         (2)  Employee records for all personnel shall be

16  maintained as required by s. 240.337, Florida Statutes.

17         Section 12.  St. Petersburg College; facilities.--The

18  St. Petersburg College may request funding from the Public

19  Education Capital Outlay and Debt Service Trust Fund as a

20  community college and as a university. The municipalities of

21  Pinellas County, the Board of County Commissioners of Pinellas

22  County, and all other governmental entities are authorized to

23  cooperate with the Board of Trustees in establishing this

24  institution. The acquisition and donation of lands, buildings,

25  and equipment for the use of St. Petersburg College are

26  authorized as a public purpose. The Board of County

27  Commissioners of Pinellas County and all municipalities in

28  Pinellas County may exercise the power of eminent domain to

29  acquire lands, buildings, and equipment for the use of St.

30  Petersburg College, regardless of whether such lands,

31

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  buildings, and equipment are located in a community

  2  redevelopment area.

  3         Section 13.  St. Petersburg College; state funding.--

  4         (1)  The Legislature  intends to fund St. Petersburg

  5  College as a community college for its workforce development

  6  education programs and for its lower-division-level college

  7  credit courses and programs.

  8         (2)  The Legislature intends to fund St. Petersburg

  9  College as a baccalaureate-degree-level institution for its

10  upper-division-level courses and programs.

11         (3)  During the 2001-2002 fiscal year, St. Petersburg

12  College shall estimate the appropriate level of funding for

13  these programs. By March 1, 2002, the college shall complete a

14  cost study and shall submit to the Legislature a proposal for

15  cost accounting and legislative budget requests designed to

16  acknowledge its unique classification. The cost study must

17  indicate actual costs projected for the first 4 years of

18  operation as a baccalaureate-level institution, with the first

19  students expected to enroll in the upper division in fall

20  semester of 2002.

21         Section 14.  Nothing contained within this act shall be

22  construed to adversely impact the accreditation of the

23  University of South Florida.

24         Section 15.  Section 229.001, Florida Statutes, is

25  amended to read:

26         229.001  Short title.--This act may be cited as the

27  "Florida Education Governance Reorganization Implementation

28  Act of 2000."

29         Section 16.  Section 229.002, Florida Statutes, is

30  amended to read:

31

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         229.002  Declaration of policy and guiding

  2  principles.--

  3         (1)  It is the policy of the Legislature:

  4         (a)  To achieve within existing resources true systemic

  5  change in education governance by establishing a seamless

  6  academic educational system that fosters an integrated

  7  continuum of kindergarten through graduate school education

  8  for Florida's citizens.

  9         (b)  To promote enhanced academic success and funding

10  efficiency by centralizing the governance of educational

11  delivery systems and aligning responsibility with

12  accountability.

13         (c)  To provide consistent education policy vertically

14  and horizontally across all educational delivery systems,

15  focusing on students the needs of those receiving education,

16  not those providing education.

17         (d)  To provide substantially improved vertical and

18  horizontal articulation across all educational delivery

19  systems while ensuring that nonpublic education institutions

20  and home education programs maintain their independence,

21  autonomy, and nongovernmental status.

22         (e)  To provide for devolution of authority to the

23  schools, community colleges, universities, and other education

24  institutions that are the actual deliverers of educational

25  services in order to provide student-centered education

26  services within the clear parameters of the overarching

27  education policy established by the Legislature.

28         (f)  To ensure that independent education institutions

29  and home education programs maintain their independence,

30  autonomy, and nongovernmental status.

31

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (2)  The guiding principles for Florida's new education

  2  governance are:

  3         (a)  A coordinated, seamless system for kindergarten

  4  through graduate school education.

  5         (b)  A system that is student-centered in every facet.

  6         (c)  A system that maximizes education access and

  7  provides the opportunity for a high-quality education academic

  8  success for all Floridians.

  9         (d)  A system that safeguards equity and supports

10  academic excellence.

11         (e)  A system that provides for local operational

12  flexibility while promoting accountability for student

13  achievement and improvement refuses to compromise academic

14  excellence.

15         Section 17.  Section 229.003, Florida Statutes, is

16  amended to read:

17         229.003  Florida education governance reorganization.--

18         (1)  Effective January 7, 2003, The Florida Board of

19  Education, created pursuant to s. 229.004, shall be

20  responsible for overseeing kindergarten through graduate

21  school education, in accordance with the implementation

22  process in s. 229.0072 and the policies and guiding principles

23  in s. 229.002 and the mission and goals of s. 229.007.

24         (2)  Effective January 7, 2003, the Florida Board of

25  Education shall appoint the Commissioner of Education.

26         (2)(3)  Effective January 7, 2003, There are is

27  established the following education governance officers in

28  addition to the Commissioner of Education:

29         (a)  A Chancellor of Public Schools, K-12 Education

30  appointed by the Commissioner of Education.

31

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (b)  A Chancellor of Colleges and State Universities,

  2  appointed by the Secretary of the Florida Board Commissioner

  3  of Education.

  4         (c)  A Chancellor of Community Colleges and Career

  5  Preparation, appointed by the Secretary of the Florida Board

  6  Commissioner of Education.

  7         (d)  An Executive Director of Independent Nonpublic and

  8  Nontraditional Education, appointed by the Commissioner of

  9  Education.

10

11  Each chancellor and executive director shall be subject to

12  confirmation by the Florida Board of Education and shall serve

13  at the pleasure and under the authority of the Commissioner of

14  Education and the Secretary of the Florida Board of Education.

15         (3)(4)  Effective July 1, 2000, The Governor shall

16  appoint a seven-member board of trustees for the Florida

17  Virtual On-Line High School, which shall be a body corporate

18  with all the powers of a body corporate.

19         (4)(5)  Effective January 7, 2003, The Governor shall

20  appoint for each university in the State University System, an

21  11-member a nine-member board of trustees, with members

22  subject to confirmation by the Senate, trustees which shall be

23  a body corporate with all the powers of a body corporate. In

24  addition to the 11 members, each student body president shall

25  serve as an ex officio nonvoting member of the board of

26  trustees. There shall be no state residency requirement for

27  university board members, but the Governor shall consider

28  regional representatives, as appropriate All members of the

29  board of trustees of Florida Atlantic University must reside

30  within the service area of the university; three must be

31  residents of Broward County, three must be residents of Palm

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  Beach County, and three may be residents of any county within

  2  the service area. Each appointee is subject to confirmation by

  3  the Senate in the regular legislative session immediately

  4  following his or her appointment.

  5         (5)  Effective July 1, 2001:

  6         (a)  The Board of Regents created in s. 240.205 is

  7  abolished.

  8         (b)  All of the powers, duties, functions, records,

  9  personnel, and property; unexpended balances of

10  appropriations, allocations, and other funds; administrative

11  authority; administrative rules; pending issues; and existing

12  contracts of the Board of Regents are transferred by a type

13  two transfer, pursuant to s. 20.06(2), to the Florida Board of

14  Education.

15         (c)  The State Board of Community Colleges is

16  abolished.

17         (d)  All of the powers, duties, functions, records,

18  personnel, and property; unexpended balances of

19  appropriations, allocations, and other funds; administrative

20  authority; administrative rules; pending issues; and existing

21  contracts of the State Board of Community Colleges are

22  transferred by a type two transfer, pursuant to s. 20.06(2),

23  from the Department of Education to the Florida Board of

24  Education.

25         (e)  The Postsecondary Education Planning Commission is

26  abolished.

27         (f)  The Education K-20 Policy and Research Council is

28  created and assigned for administrative purposes to the

29  Department of Education.

30         (g)  All personnel, unexpended balances of

31  appropriations, and allocations of the Postsecondary Education

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  Planning Commission are transferred to the Education K-20

  2  Policy and Research Council.

  3         (h)  The Articulation Coordinating Committee and the

  4  Education Standards Commission are transferred by a type two

  5  transfer, pursuant to s. 20.06(2), from the Department of

  6  Education to the Florida Board of Education.

  7         (i)  Notwithstanding the provisions of s. 20.15, the

  8  Commissioner of Education shall commence the reorganization of

  9  the Department of Education in accordance with s. 229.0073,

10  which shall include an Office of the Commissioner of Education

11  comprised of the general areas of operation that are common to

12  all delivery sectors and, in addition, shall include:

13         1.  The creation of an Office of Technology and

14  Information Services, an Office of Workforce and Economic

15  Development, and an Office of Educational Facilities.

16         2.  The creation of a Division of Colleges and

17  Universities.

18         3.  The creation of a Division of Community Colleges.

19         4.  The creation of a Division of Public Schools.

20         5.  The creation of a Division of Independent

21  Education.

22         6.  The merger of the powers, duties, and staffs of the

23  State Board of Independent Colleges and Universities and the

24  State Board of Nonpublic Career Education, except as relating

25  to any independent nonprofit college or university which is

26  located in and chartered by the state, is accredited by the

27  Commission on Colleges of the Southern Association of Colleges

28  and Schools, and grants baccalaureate degrees, into a single

29  Commission for Independent Education administratively housed

30  within the Division of Independent Education.

31

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (6)  Effective January 7, 2003, the powers and duties

  2  of the following entities are relocated to the Florida Board

  3  of Education, which shall retain all related funding and

  4  budget authority for purposes of a single, seamless

  5  kindergarten through graduate school education system and

  6  single or coordinated budget and may retain or redistribute

  7  the powers and duties of each entity in accordance with the

  8  policies and guiding principles of s. 229.002, and the

  9  entities shall cease to exist:

10         (a)  The Board of Regents.

11         (b)  The State Board of Community Colleges.

12         (c)  The State Board of Independent Colleges and

13  Universities.

14         (d)  The State Board of Nonpublic Career Education.

15         (e)  The Division of Workforce Development of the

16  Department of Education.

17         (f)  The Postsecondary Education Planning Commission.

18         (g)  The Articulation Coordination Committee.

19         (h)  The Division of Human Resource Development of the

20  Department of Education.

21         (i)  The Division of Support Services of the Department

22  of Education.

23         (j)  The Division of Administration of the Department

24  of Education.

25         (k)  The Division of Financial Services of the

26  Department of Education.

27         (l)  The Division of Technology of the Department of

28  Education.

29         (m)  The Office of Student Financial Assistance of the

30  Department of Education.

31

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (n)  The Division of Universities of the Department of

  2  Education.

  3         (o)  The Division of Community Colleges of the

  4  Department of Education.

  5         Section 18.  Section 229.0031, Florida Statutes, is

  6  created to read:

  7         229.0031  Education K-20 Policy and Research

  8  Council.--Effective July 1, 2001, the Education K-20 Policy

  9  and Research Council is created and assigned to the Department

10  of Education. The council shall be administratively housed

11  within the Office of the Commissioner of Education, but it

12  shall independently exercise the responsibilities assigned to

13  it in this section or delegated by the Florida Board of

14  Education. The council shall serve as an advisory body to the

15  Florida Board of Education, the Legislature, and other

16  appropriate state agencies and entities on all matters

17  relating to education in this state. In addition, the

18  Council's reports and recommendations shall be made available

19  to the Legislature, the Florida Board of Education, and other

20  appropriate government and educational agencies and entities.

21         (1)(a)  The council shall be composed of 11 members of

22  the general public and 1 full-time student representing the

23  education system of the state. Each member shall be appointed

24  by the Governor, approved by three members of the Florida

25  Board of Education, and confirmed by the Senate. Members shall

26  be appointed to serve staggered 4-year terms, except for the

27  full-time student member, who shall serve for 1 year; however,

28  of the initial nonstudent appointees, two shall be appointed

29  for 1-year terms and three shall be appointed for 4-year

30  terms. The student member shall be selected annually with the

31  qualification that he or she be a registered full-time student

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  at any of this state's educational institutions as defined in

  2  chapters 228 and 229 relating to public and nonpublic schools,

  3  in chapter 230 relating to public community colleges and

  4  universities, or in chapter 246 relating to nonpublic

  5  colleges, universities, and vocational schools. The members of

  6  the council shall elect a chair annually. The Governor shall,

  7  subject to approval and confirmation, fill all vacancies that

  8  occur on the council.

  9         (b)  The council shall meet as often as it considers

10  necessary to carry out its duties and responsibilities.

11         (c)  Members shall be paid travel and per diem expenses

12  as provided in s. 112.061 while performing their duties under

13  this section.

14         (2)  The council shall appoint an executive director,

15  who shall serve at the pleasure of the council and shall

16  perform the duties assigned to him or her by the council. The

17  executive director is the chief administrative officer of the

18  council and shall appoint all employees and staff members of

19  the council, who shall serve under the executive director's

20  direction and control.

21         (3)  The council shall:

22         (a)  Serve as a citizen board to provide independent

23  policy analyses and recommendations to the Florida Board of

24  Education, the Commissioner of Education, the Governor, and

25  the Legislature to ensure a seamless educational system in

26  this state.

27         (b)  Assist the Florida Board of Education in the

28  conduct of its educational responsibilities in such capacities

29  as the state board considers appropriate.

30         (c)  Prepare and submit to the Florida Board of

31  Education a long-range master plan for education. The plan

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  must include consideration of the promotion of quality,

  2  fundamental educational goals, programmatic access, needs for

  3  remedial education, regional and state economic development,

  4  international education programs, demographic patterns,

  5  student demand for programs, needs of particular subgroups of

  6  the population, implementation of innovative educational

  7  techniques and technology, and the requirements of the labor

  8  market. The capacity of existing programs, in public and

  9  independent institutions, to respond to identified needs must

10  be evaluated, and a plan must be developed to respond

11  efficiently to unmet needs.

12         (d)  Update the state master plan for education every 5

13  years.

14         (e)  Review implementation of the state master plan and

15  annually report to the Florida Board of Education and the

16  Legislature the progress toward implementation.

17         (f)  Explore emerging educational issues.

18         (g)  Identify successful and innovative educational

19  programs.

20         (h)  On its own initiative or in response to the

21  Governor, the Legislature, the Florida Board of Education, or

22  the Commissioner of Education, issue reports and

23  recommendations on matters relating to any education sector.

24         (i)  Recommend goals for the overall improvement of

25  education in this state.

26         (j)  Recommend to the Florida Board of Education rules

27  concerning the planning and coordination of educational

28  programs.

29         (k)  By January 1, 2003, and on a 3-year cycle

30  thereafter, review and make recommendations to the Legislature

31  regarding the activities of research centers and institutes

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  supported with state funds to assess the return on the state's

  2  investment in research conducted by public postsecondary

  3  education institutions, in coordination with the Leadership

  4  Board for Applied Research and Public Service, created

  5  pursuant to s. 240.706.

  6         Section 19.  Section 229.004, Florida Statutes, is

  7  amended to read:

  8         229.004  Florida Board of Education.--

  9         (1)(a)  In accordance with the implementation process

10  in s. 229.0072 Effective January 7, 2003, the Florida Board of

11  Education is established as a body corporate. The board shall

12  be a part-time citizen board consisting of seven members

13  appointed by the Governor to staggered 4-year terms, subject

14  to confirmation by the Senate. 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.

19         (b)  The Florida Board of Education shall have a

20  chairperson who shall be appointed by the Governor.

21         (2)  The primary duties of the board shall be to

22  establish education goals and objectives consistent with the

23  policies and guiding principles of s. 229.002 and the mission

24  and goals of s. 229.007 and, together with the Commissioner of

25  Education, to oversee the implementation of and enforce

26  compliance with the education policies established by the

27  Legislature. The board and its secretary, and the

28  commissioner, shall establish, operate, and maintain optimal

29  efficiency of an Office of the Commissioner of Education,

30  pursuant to s. 229.0061(2)(c) Board of Education.

31

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (3)  In performing its duties, the board, together with

  2  the Commissioner of Education, shall:

  3         (a)  Ensure accountability and responsiveness to

  4  Florida's citizens, including the establishment of a Citizen

  5  Information Center that utilizes quick response and

  6  customer-friendly methodologies.

  7         (b)  Establish and aggressively enforce efficient and

  8  effective performance management objectives.

  9         (c)  Maximize the effectiveness of local, state, and

10  federal education linkages and funds.

11         (d) Issue guidelines for the development of legislative

12  budget requests for operations and fixed capital outlay for

13  the coordinated K-20 system.

14         (e)(d)  Recommend one budget or a coordinated budget

15  and long-range program plans based on consistent policies for

16  a seamless kindergarten through graduate school education.

17         (f)(e)  Adopt cohesive rules governing systemwide

18  access to educational opportunities, within statutory

19  authority, for education systemwide issues and ensure that

20  rules adopted for the various education delivery systems are

21  compatible.

22         (g)(f)  Ensure articulation and coordination within and

23  across the entire education delivery system.

24         (h)(g)  Provide ongoing public information regarding

25  performance results for the entire kindergarten through

26  graduate school education system and each of its components.

27         (4)  The board, with the Commissioner of Education,

28  shall be responsible for:

29         (a)  The work of with the Chancellor of Public Schools

30  K-12 Education to establish, and maintain optimal efficiency

31  of, a Division an Office of Public Schools, within the

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  guidelines of ss. 229.0061 and 229.0073, and to achieve the

  2  mission and goals of s. 229.007 K-12 Education.

  3         (b)  The work of with the Chancellor of Colleges and

  4  State Universities to establish, and maintain optimal

  5  efficiency of, a Division an Office of Colleges and State

  6  Universities, within the guidelines of ss. 229.0061 and

  7  229.0073, and to achieve the mission and goals of s. 229.007.

  8         (c)  The work of with the Chancellor of Community

  9  Colleges and Career Preparation to establish, and maintain

10  optimal efficiency of, a Division an Office of Community

11  Colleges and Career Preparation, within the guidelines of ss.

12  229.0061 and 229.0073, and to achieve the mission and goals of

13  s. 229.007.

14         (d)  The work of with the Executive Director of

15  Independent Nonpublic and Nontraditional Education to

16  establish, and maintain optimal efficiency of, a Division an

17  Office of Independent Nonpublic and Nontraditional Education,

18  within the guidelines of ss. 229.0061 and 229.0073, and to

19  achieve the mission and goals of s. 229.007 Services.

20         Section 20.  Section 229.005, Florida Statutes, is

21  amended to read:

22         229.005  Florida education governance officers.--

23         (1)  COMMISSIONER OF EDUCATION.--The Commissioner of

24  Education shall work with the Florida Board of Education, and

25  its secretary, to ensure that all education governance

26  officers focus be appointed by the Board of Education from

27  candidates of national caliber and respected and proven

28  organizational leadership with established experience in

29  administering broad-based policy. The commissioner shall be a

30  person who is eminently capable of focusing the entire

31  kindergarten through graduate school education system on

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  accomplishing to accomplish the policies and guiding

  2  principles of s. 229.002 and achieving the mission and goals

  3  of s. 229.007. The commissioner shall have the ability to

  4  successfully provide education policy and planning direction,

  5  program development, performance management, and funding

  6  allocation recommendations across the spectrum of kindergarten

  7  through graduate school education. The commissioner shall

  8  serve as chief executive officer of the seamless K-20

  9  education system., and the ability to achieve and safeguard

10  the will of the people of Florida as expressed in s. 1, Art.

11  IX of the Florida Constitution, that "adequate provision shall

12  be made by law for a uniform, efficient, safe, secure, and

13  high quality system of free public schools that allows

14  students to obtain a high quality education and for the

15  establishment, maintenance, and operation of institutions of

16  higher learning and other public education programs that the

17  needs of the people may require."

18         (2)  CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The

19  Chancellor of Public Schools K-12 Education shall be appointed

20  by the Commissioner of Education, subject to confirmation by

21  the Florida Board of Education, based on his or her ability to

22  work as a division vice president of the seamless K-20

23  education system with the Florida Board of Education and the

24  other education governance officers to comply with the

25  policies and guiding principles of s. 229.002, to achieve the

26  mission and goals of s. 229.007, to enhance the quality of

27  public K-12 education in Florida, and to maximize the equity

28  of public K-12 education in Florida by moving the focus to the

29  school site and the individual student., and to achieve and

30  safeguard the will of the people of Florida as expressed in s.

31  1, Art. IX of the Florida Constitution, that "adequate

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  provision shall be made by law for a uniform, efficient, safe,

  2  secure, and high quality system of free public schools that

  3  allows students to obtain a high quality education. . . ."

  4         (3)  CHANCELLOR OF COLLEGES AND STATE

  5  UNIVERSITIES.--The Chancellor of Colleges and State

  6  Universities shall be appointed by the Secretary of the

  7  Florida Board of Education, subject to confirmation by the

  8  Florida Board of Education, Commissioner of Education based on

  9  his or her ability to work as a division vice president of the

10  seamless K-20 education system with the Florida Board of

11  Education and the other education governance officers to

12  comply with the policies and guiding principles of s. 229.002,

13  to achieve the mission and goals of s. 229.007, to enhance the

14  national reputation and quality of education and educational

15  research in Florida's colleges and state universities, and to

16  work directly with each of the college and state university

17  presidents and boards of trustees in focusing on the education

18  and educational research needs of the individual college or

19  university and its students.

20         (4)  CHANCELLOR OF COMMUNITY COLLEGES AND CAREER

21  PREPARATION.--The Chancellor of Community Colleges and Career

22  Preparation shall be appointed by the Secretary of the Florida

23  Board of Education, subject to confirmation by the Florida

24  Board of Education, Commissioner of Education based on his or

25  her ability to work as a division vice president of the

26  seamless K-20 education system with the Florida Board of

27  Education and the other education governance officers to

28  comply with the policies and guiding principles of s. 229.002,

29  to achieve the mission and goals of s. 229.007, to enhance the

30  quality of education in Florida's community colleges, and to

31  work directly with each of the community college presidents

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  and boards of trustees in focusing on the education needs of

  2  the communities and students they serve.

  3         (5)  EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND

  4  NONTRADITIONAL EDUCATION.--The Executive Director of

  5  Independent Nonpublic and Nontraditional Education shall be

  6  appointed by the Commissioner of Education, subject to

  7  confirmation by the Florida Board of Education, based on his

  8  or her ability to work as a division vice president of the

  9  seamless K-20 education system with the Florida Board of

10  Education and the other education governance officers to

11  comply with the policies and guiding principles of s. 229.002,

12  to protect the independence, autonomy, and nongovermental

13  status of independent education in Florida, to enhance the

14  quality and expand the offerings and innovations of

15  independent nonpublic and nontraditional education in Florida,

16  to establish partnerships with independent nonpublic education

17  providers at all levels to achieve these goals, and to work

18  directly with the Board of Trustees of the Florida Virtual

19  On-Line High School and with Florida's private school

20  associations, home education associations, independent

21  nonpublic career education institutions, and independent

22  colleges and universities to maximize educational choice and

23  enhance the options, educational alternatives, and

24  student-focused delivery for their students.

25         Section 21.  Subsections (1), (4), (5), (6), and (7) of

26  section 229.006, Florida Statutes, are amended to read:

27         229.006  Education Governance Reorganization Transition

28  Task Force.--

29         (1)  In order to accomplish a smooth transition on

30  January 7, 2003, from the elected State Board of Education to

31  the appointed Florida Board of Education, there shall be

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  established the Education Governance Reorganization Transition

  2  Task Force. All members of the task force shall be appointed

  3  as soon as feasible but not later than October 1, 2000. The

  4  task force shall be comprised of:

  5         (a)  Five members appointed by the Governor;

  6         (b)  Three members appointed by the President of the

  7  Senate; and

  8         (c)  Three members appointed by the Speaker of the

  9  House of Representatives.

10

11  The transition task force shall be charged with the duty to

12  identify issues, conduct research, develop the necessary

13  procedural and substantive framework, and make recommendations

14  to the Legislature for an orderly 3-year phase-in for a

15  seamless education continuum and a single or coordinated

16  kindergarten through graduate school budget in accordance with

17  the policies and guiding principles of s. 229.002, so that the

18  Florida Board of Education may immediately begin its work on

19  January 7, 2003, with maximum effectiveness.

20         (4)  Upon completion of its recommendations to the

21  Legislature by March 1, 2001, the transition task force shall

22  redirect its focus to provide guidance and monitoring of the

23  implementation process pursuant to s. 229.0072 as recommended

24  by the task force, and to regularly report to the Governor,

25  the Legislature, Secretary of the Florida Board of Education,

26  and the public on the progress of the reorganization

27  implementation process. If any implementation activity is

28  determined by a majority vote of the task force to be

29  inconsistent with the intent of this act, the chair of the

30  task force shall report such activity directly to the State

31  Board of Education. The reporting of such activity shall

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  automatically suspend any action relating to the disputed

  2  activity. The State Board of Education shall act to resolve

  3  the dispute. recommend to the Legislature:

  4         (a)  How best to achieve education system integration

  5  by:

  6         1.  Combining appropriate education functions and

  7  policies into or under the new Florida Board of Education.

  8         2.  Devolving the education delivery services and

  9  operational decisions to the appropriate location of delivery

10  to students, specifically the schools, community colleges,

11  colleges, universities, area technical centers, and other

12  education institutions or places where the students receive

13  their education.

14         3.  Providing for a single or coordinated kindergarten

15  through graduate school education budget.

16         (b)  How best to achieve economies in education

17  services, including recommendations concerning consolidation

18  of information systems and integrated performance and

19  financial accounting systems, while maximizing effectiveness

20  within existing resources and staff.

21         (c)1.  Which, if any, current education staff functions

22  and resources should be eliminated, transferred, or realigned

23  within the proposed new education organizational structure.

24         2.  A recommended salary structure for the Commissioner

25  of Education and for the chancellors.

26         (d)  Whether an Office of Policy Research should be

27  established to explore emerging issues, locate successful and

28  innovative educational programs, and make recommendations to

29  the Governor, the Florida Board of Education, and the

30  Legislature and, if so, its mission, staffing, and location.

31

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (e)  The optimal mission of the Florida On-Line High

  2  School and a methodology for the operation and funding of the

  3  school to achieve that mission.

  4         (f)  The optimal location and structure of the Florida

  5  Partnership for School Readiness.

  6         (5)  By March 1, 2002, the transition task force shall

  7  recommend to the Legislature:

  8         (a)  Standards, definitions, and guidelines for

  9  universities, colleges, community colleges, schools, and other

10  education institutions to ensure the quality of education,

11  systemwide coordination, and efficient progress toward

12  attainment of their appropriate missions.

13         (b)  Rules and procedures as necessary to be followed

14  by university boards of trustees, community college boards of

15  trustees, and other boards of trustees, as determined

16  appropriate, for recruitment and selection of presidents,

17  procedures for annual evaluations of presidents, and

18  procedures for interaction between presidents, the boards of

19  trustees, and the new Florida Board of Education.

20         (c)  A systemwide strategic plan for postsecondary

21  institutions that considers the role, in their respective

22  communities, of each of the institutions.

23         (d)  Methodologies for degree program approval,

24  establishment of matriculation and tuition fees, and

25  coordination of colleges' and universities' budget requests.

26         (e)  Any additional statutory changes needed during the

27  2002 legislative session to complete the education governance

28  reorganization transition.

29         (6)  By March 1, 2003, the transition task force shall

30  recommend to the Legislature:

31

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  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

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         Section 22.  Section 229.0061, Florida Statutes, is

  2  created to read:

  3         229.0061  Florida's K-20 education system; guidelines

  4  for implementation; guidelines for structure, functions, and

  5  organization.--

  6         (1) GUIDELINES FOR IMPLEMENTATION.--

  7         (a)  Florida's seamless K-20 education system shall be

  8  a decentralized system in which as many commissions, boards,

  9  councils, and excess layers of bureaucracy as possible are

10  eliminated.

11         (b)  Florida's K-20 education system shall rely on a

12  single entity, the Florida Board of Education, as its single

13  strategic voice. If the board desires assistance on matters of

14  policy research or other issues, the board shall be authorized

15  to appoint a committee or committees to assist it on any and

16  all issues within the K-20 education system on an ad hoc

17  basis.

18         (c)  Members of the Florida Board of Education shall

19  focus on high-level policy decisions.

20         (d)  It is essential to the success of Florida's

21  seamless K-20 education system to have a fully operational

22  systemwide technology plan based on a common set of data

23  definitions.

24         (2)  GUIDELINES FOR STRUCTURE, FUNCTIONS, AND

25  ORGANIZATION.--

26         (a)  Roles of the Legislature, the Florida Board of

27  Education, the education governance officers, the university

28  boards of trustees, and the institutional boards of trustees

29  and school boards.--The Legislature shall enact education laws

30  and policies and shall appropriate and allocate education

31  resources. The Florida Board of Education shall enforce all

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  laws, rules, and guidelines and shall timely provide

  2  direction, resources, assistance, intervention when needed,

  3  and strong incentives and disincentives to force

  4  accountability for results. In terms of major areas of

  5  responsibility, the Legislature, the Florida Board of

  6  Education, the education governance officers, the university

  7  boards of trustees, and the institutional boards of trustees

  8  and school boards shall each perform essential constituent

  9  roles.

10         (b)  Florida Board of Education.--The Florida Board of

11  Education shall serve as the body corporate for Florida's

12  seamless K-20 education system; implement the systemwide

13  education vision; and, together with the commissioner,

14  Secretary of the Florida Board of Education, chancellors, and

15  executive director, oversee the success of that vision. The

16  Florida Board of Education shall:

17         1.  Enforce systemwide education policies and goals.

18         2.  Recommend annually the coordinated education budget

19  and authorize the allocation of resources in accordance with

20  law and rule. Any program recommended by the Florida Board of

21  Education which requires state funding for more than 1 year

22  must be presented in a multi-year budget plan.

23         3.  Adopt long-term and short-term education plans.

24         4.  Enforce education accountability standards and

25  measures of all components of the K-20 education system.

26         5.  Accurately and continuously assess data and monitor

27  and report performance.

28         6.  Provide high-quality assistance and intervention

29  when and where needed.

30         7.  Provide timely and accurate information on all

31  public and independent education services.

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         8.  Establish the missions of the  public colleges and

  2  universities and community colleges.

  3         9.  Approve new degree programs above the master's

  4  degree level.

  5         10.  Approve new undergraduate medical education

  6  programs or colleges, new graduate medical education programs,

  7  and Programs in Medical Sciences (PIMS) which are partnerships

  8  between two or more public higher education institutions or

  9  between public and private higher education institutions.

10         (c)  Commissioner of Education.--The Commissioner of

11  Education shall serve as chief executive officer of Florida's

12  seamless K-20 education system. The commissioner shall propose

13  action on all issues that come before the board and be

14  responsible for enforcing compliance with the mission and

15  goals of the seamless K-20 education system by all education

16  delivery sectors. The commissioner's office shall operate all

17  statewide functions necessary to support the Florida Board of

18  Education and the seamless K-20 education system, including

19  the following areas:

20         1.  Legal.

21         2.  Communications, including a Citizen Information

22  Center that provides quick response and uses customer-friendly

23  methods.

24         3.  Strategic planning and budget development.

25         4.  General administration.

26         5.  Assessment and accountability.

27         6.  Data management, education technology, and an

28  education data warehouse.

29         7.  Access and opportunity, including student financial

30  assistance.

31

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         8.  Policy research and development, except the

  2  Education K-20 Policy and Research Council.

  3         9.  Florida Board of Education personnel.

  4         10.  Workforce and economic development.

  5         11.  Educational facilities.

  6         12.  Inspector General.

  7         (d)  Chancellors and executive director.--The

  8  chancellors of the public schools, community colleges, and

  9  colleges and universities divisions and the Executive Director

10  of the Division of Independent Education shall serve the

11  Florida Board of Education, the Secretary of the Florida Board

12  of Education, and the Commissioner of Education in the role of

13  division vice presidents of the K-20 education system and as

14  governance officers and critical members of the state-level

15  education leadership team. They shall each be held responsible

16  for providing leadership, administering programs, resolving

17  disputes, providing technical assistance, and timely

18  recommending action plans to the commissioner for sanctions or

19  intervention when needed, as well as making recommendations to

20  the board and the commissioner for strategic planning and

21  budget development for their respective education delivery

22  sectors. They shall support the governing policies and

23  responsibilities of the board and the commissioner and bear

24  primary responsibility for the achievement of the mission and

25  goals of the K-20 education system by their education delivery

26  sectors, as applicable to their sectors. They shall reinforce

27  the policies and principles of the seamless K-20 education

28  system in every venue and at every opportunity, and work

29  together to facilitate horizontal communications and

30  interactions between the education delivery sectors.

31

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  Specifically, as applicable, each education governance officer

  2  shall:

  3         1.  Serve as the head of the division.

  4         2.  Supervise all employees and work of the division.

  5         3.  Properly and timely inform education institutions

  6  and the public as to legislative action, including funding,

  7  grant opportunities, and substantive policy changes affecting

  8  the division.

  9         4.  Direct the review of expenditures of public funds

10  in accordance with legislative intent.

11         5.  Evaluate the performance of each education

12  institution under the division and report performance results

13  to the public, the Legislature, the Commissioner of Education,

14  the Florida Board of Education, and the institution and its

15  governing board.

16         6.  Direct institutional governing boards to take

17  corrective action to improve unsatisfactory performance

18  pursuant to law and rules of the Florida Board of Education.

19         7.  Direct and oversee the development of the

20  division's accountability system and recommend changes to the

21  Commissioner of Education and the Florida Board of Education.

22         8.  Direct the division's activities in order to

23  coordinate with other divisions to provide a seamless

24  education system.

25         9.  Direct the provision of state services to

26  institutions under the division.

27         10.  Direct the development of the division's

28  legislative budget request and work cooperatively with the

29  commissioner and other governance officers to develop a

30  coordinated budget request.

31

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         11.  Serve as the primary point of contact and

  2  communication for the division.

  3         (e)  Institutional boards of trustees and school

  4  boards.--Each institutional board of trustees and school board

  5  shall:

  6         1.  Provide strategic planning and budget development

  7  for their institution or school district.

  8         2.  Implement and maintain high-quality education

  9  programs within law and rules of the Florida Board of

10  Education.

11         3.  Measure and enforce performance.

12         4.  Provide timely and accurate reporting of

13  information.

14         5.  Provide direct input on education issues to the

15  education governance officers.

16         6.  Have broad latitude within law and rules of the

17  Florida Board of Education in developing local policies and

18  local programs to meet the needs of their students, their

19  communities, and area employers.

20         7.  Hold presidents and appointed superintendents

21  responsible for institution and school performance.

22         8.  Be responsible for the fiscal accountability of

23  their institution or school district.

24         9.  Be responsible for compliance with all laws, rules

25  of the Florida Board of Education, and performance

26  accountability requirements.

27         (f)  Presidents and superintendents.--Each

28  institutional president and school district superintendent

29  shall:

30         1.  Be responsible for efficient and effective budget

31  and program administration.

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         2.  Provide strong leadership to accomplish their

  2  education missions and goals.

  3         3.  Closely monitor education performance.

  4         4.  Provide timely and accurate financial and

  5  performance data.

  6         5.  Link instructional staff evaluations to student

  7  performance.

  8         (g)  Ad hoc advisory committees.--Advisory bodies shall

  9  be appointed on an ad hoc basis by the Florida Board of

10  Education to serve the board, its secretary, the commissioner,

11  and chancellors when and as needed by studying and

12  recommending action on major issues that affect the direction

13  and quality of education, providing public forums for debate,

14  and safeguarding a coordinated systemwide approach to

15  education policy decisions.

16         Section 23.  Section 229.007, Florida Statutes, is

17  created to read:

18         229.007  Florida's K-20 education performance

19  accountability system; legislative intent; mission, goals, and

20  systemwide measures.--

21         (1)  LEGISLATIVE INTENT.--It is the intent of the

22  Legislature that:

23         (a)  The performance accountability system implemented

24  to assess the effectiveness of Florida's seamless K-20

25  education delivery system provide answers to the following

26  questions in relation to its mission and goals:

27         1.  What is the public getting in return for funds it

28  invests in education?

29         2.  How is Florida's K-20 education system performing

30  in terms of educating its students?

31

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         3.  How are the major delivery sectors performing to

  2  promote student achievement?

  3         4.  How are individual schools and postsecondary

  4  education institutions performing their responsibility to

  5  educate their students as measured by how students are

  6  performing and how much they are learning?

  7         (b)  The Florida Board of Education recommend to the

  8  Legislature systemwide performance standards; the Legislature

  9  establish systemwide performance measures and standards; and

10  the systemwide measures and standards provide Floridians with

11  information on what the public is getting in return for the

12  funds it invests in education and how well the K-20 system

13  educates its students.

14         (c)  The Florida Board of Education establish

15  performance measures and set performance standards for

16  individual components of the system, including individual

17  schools and postsecondary education institutions, which

18  measures and standards are based primarily on student

19  achievement.

20         (d)  The Florida Board of Education shall work with the

21  chancellors and each delivery system to develop proposals for

22  performance-based funding, using performance measures

23  established by the Legislature. The proposals must provide

24  that at least 10 percent of the state funds appropriated for

25  the K-20 education system are conditional upon meeting or

26  exceeding established performance standards. The boards must

27  submit the recommendations to the Legislature in the following

28  sequence:

29         1.  By December 1, 2001, recommendations for state

30  universities and independent colleges eligible for the William

31  L. Boyd, IV, Florida Resident Access Grant, pursuant to s.

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  240.605, for consideration by the 2002 Legislature and

  2  implementation in the 2002-2003 fiscal year.

  3         2.  By December 1, 2002, recommendations for public

  4  schools, nonpublic schools that receive state funding and

  5  workforce education, for consideration by the 2003 Legislature

  6  and implementation in the 2003-2004 fiscal year.

  7         3.  By December 1, 2003, recommendations for community

  8  colleges, for consideration by the 2004 Legislature and

  9  implementation in the 2004-2005 fiscal year.

10         4.  By December 1, 2004, recommendations for all other

11  programs that receive state funds within the Department of

12  Education.

13         (2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The

14  mission of Florida's K-20 education system, when it becomes

15  fully operational, shall be to increase the proficiency of all

16  students within one seamless, efficient system, by providing

17  them with the opportunity to expand their knowledge and skills

18  through learning opportunities and research valued by

19  students, parents, and communities, and to maintain an

20  accountability system that measures student progress toward

21  the following goals:

22         (a)  Highest student achievement, as measured by:

23  student FCAT performance and annual learning gains; the number

24  and percentage of schools that improve at least one school

25  performance grade designation or maintain a school performance

26  grade designation of "A" pursuant to s. 229.57; graduation or

27  completion rates at all learning levels; and other measures

28  identified in law or rule.

29         (b)  Seamless articulation and maximum access, as

30  measured by: the percentage of students who demonstrate

31  readiness for the educational level they are entering, from

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  kindergarten through postsecondary education and into the

  2  workforce; the number and percentage of students needing

  3  remediation; the percentage of Floridians who complete

  4  associate, baccalaureate, professional, and postgraduate

  5  degrees; the number and percentage of credits that articulate;

  6  the extent to which each set of exit-point requirements

  7  matches the next set of entrance-point requirements; and other

  8  measures identified in law or rule.

  9         (c)  Skilled workforce and economic development, as

10  measured by: the number and percentage of graduates employed

11  in their areas of preparation; the percentage of Floridians

12  with high school diplomas and postsecondary education

13  credentials; the percentage of business and community members

14  who find that Florida's graduates possess the skills they

15  need; and other measures identified in law or rule.

16         (d)  Quality efficient services, as measured by: cost

17  per completer or graduate; average cost per noncompleter at

18  each educational level; cost disparity across institutions

19  offering the same degrees; the percentage of education

20  customers at each educational level who are satisfied with the

21  education provided; and other measures identified in law or

22  rule.

23         Section 24.  Section 229.0072, Florida Statutes, is

24  created to read:

25         229.0072  Reorganization implementation process.--In

26  order to best achieve the legislative purpose of the Florida

27  Education Governance Reorganization Implementation Act:

28         (1)  The Governor shall appoint the members of the

29  boards of trustees of the state universities in accordance

30  with section 229.008, Florida Statutes.

31

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (2)  Effective July 1, 2001, the Governor shall appoint

  2  a seven-member Florida Board of Education. The Florida Board

  3  of Education shall be housed within, and operate under the

  4  direction of, the State Board of Education.

  5         (3)  The Governor shall appoint a Secretary of the

  6  Florida Board of Education who shall possess proven

  7  organizational leadership and knowledge of broad-based

  8  education policy. The secretary shall be confirmed by the

  9  Senate during the 2002 regular legislative session, but may

10  perform all duties in the interim. The secretary shall serve

11  as the board's primary liaison with all entities involved in

12  the reorganization of education in Florida.  The secretary

13  shall be responsible directly to the Florida Board of

14  Education and shall serve as staff to the board on all action

15  items relating to the reorganization.  During the

16  implementation period, the secretary shall:

17         (a)  Be responsible for proposing actions regarding all

18  education governance reorganization implementation issues.

19         (b)  Be responsible for integration of the Department

20  of Education as it is reorganized into an agency of the

21  Governor.

22         (c)  Serve as Secretary of the Florida Board of

23  Education during the reorganization implementation period.

24         (d)  Serve as the head of the K-20 education leadership

25  team during the reorganization implementation period.

26         (4)  The Florida Board of Education shall establish a

27  detailed procedure for the implementation of a systemwide K-20

28  technology plan which includes a month-by-month timeline with

29  monthly progress reports to the board.

30         (5)  Subject to review and approval of the State Board

31  of Education, the Florida Board of Education shall:

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (a)  Adopt rules pursuant to ss. 120.536(1) and 120.54

  2  to implement provisions of law conferring duties upon it. The

  3  rules shall be submitted to the State Board of Education. If

  4  any rule is not disapproved by the State Board of Education

  5  within 45 days after its receipt, the rule shall be filed

  6  immediately with the Department of State.

  7         (b)  Prepare and submit a coordinated K-20 education

  8  budget that clearly defines the individual needs of the four

  9  divisions created within the Department of Education.

10         (c)  Establish a work plan and timeline for the orderly

11  implementation of the transition, including a fully detailed

12  plan and timeline for the devolution of duties, as

13  appropriate, to the university boards of trustees.

14         (d)  Establish accountability standards for existing

15  legislative performance goals, standards, and measures, and

16  order the development of mechanisms to implement new

17  legislative goals, standards, and measures.

18         (e)  Supervise the coordination of institutions and

19  delivery sectors.

20         (f)  Establish policies for university and community

21  college boards of trustees to follow in selecting presidents.

22         (g)  Approve plans and reports, and take other

23  necessary actions pertaining to the supervision of education.

24         (h)  Effectuate the timely implementation of the

25  seamless K-20 education system.

26         (i)  Establish advisory boards to provide the support

27  needed to address issues such as public education facilities

28  planning; student issues; instructional issues; distance

29  learning and technology; academic quality, freedom, and

30  responsibility; and research.

31

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (j)  Develop and review recommendations on issues of

  2  statewide importance, such as technology systems and

  3  facilities.

  4         (k)  Adopt criteria and implementation plans for future

  5  growth issues, such as new colleges and universities and

  6  campus mergers; and provide for cooperative agreements between

  7  and within public and private education sectors.

  8         (l)  Advise the State Board of Education regarding the

  9  issuance of bonds.

10         (m)  Appoint advisory bodies, as necessary, on an ad

11  hoc basis.

12         (n)  Develop and recommend to the Education Governance

13  Reorganization Transition Task Force, the Governor, the

14  Secretary of the Florida Board of Education, the Commissioner

15  of Education, and the Legislature, no later than January 1,

16  2002, for adoption during 2002, a clear, concise new School

17  Code, comprised of the revision of chapters 228-246, Florida

18  Statutes, to accomplish the implementation, administration,

19  and operation of Florida's seamless K-20 education system in

20  accordance with the guidelines included in s. 229.0061.

21         (6)  Effective July 1, 2001, the Commissioner of

22  Education shall:

23         (a)  Work with the Florida Board of Education to

24  achieve full implementation of the seamless K-20 education

25  system.

26         (b)  Commence reorganization of the Department of

27  Education as a state agency of the Governor in accordance with

28  legislative guidelines pursuant to s. 229.0073, the

29  requirements of s. 229.003(5), and requests of the Florida

30  Board of Education as approved by the State Board of

31  Education.

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (c)  As a member of the State Board of Education,

  2  determine the agenda for the Florida Board of Education and

  3  provide the Florida Board of Education and the State Board of

  4  Education the full support of the reorganized Department of

  5  Education.

  6         Section 25.  Section 229.0073, Florida Statutes, is

  7  created to read:

  8         229.0073  Reorganization of the Department of

  9  Education.--Effective July 1, 2001, notwithstanding the

10  provisions of s. 20.15, the secretary's Education

11  Reorganization Advisory Workgroup is established to provide

12  oversight and direction for the reorganization of Florida's

13  K-20 Department of Education. The Secretary of the Florida

14  Board of Education, the Commissioner of Education, the

15  Governor or his or her designee, the Chairman of the Education

16  Governance Reorganization Transition Task Force, the

17  Chancellor of Public Schools, the Executive Director of

18  Independent Education, the Chancellor of the Division of

19  Colleges and Universities, the Chancellor of the Division of

20  Community Colleges, a member of the Senate appointed by the

21  President, and a member of the House of Representatives

22  appointed by the Speaker shall serve on this workgroup. The

23  reorganization shall:

24         (1)  Eliminate duplication across divisions; achieve

25  greater efficiencies in financial and human resources and

26  education services; and identify functions, resources, and

27  services that should be eliminated, transferred, or realigned.

28         (2)  Include a review and assessment of all bureaus,

29  offices, divisions, and functions of the department

30  reorganized pursuant to this section.

31

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (3)  Establish an Office of the Commissioner of

  2  Education that includes the general areas of operation that

  3  are common to all delivery sectors, such as administration,

  4  communication, legal services, financial aid, and government

  5  and public relations, in order to increase efficiency, improve

  6  service delivery to students, and fully support the

  7  operational needs of the Florida Board of Education.

  8         (4)  Establish the following divisions within the

  9  department:

10         (a)  Division of Public Schools (K-12).--The state's

11  public elementary, middle, junior high, and high schools, as

12  well as combination schools, charter schools, district magnet

13  programs, and area technical centers.

14         (b)  Division of Community Colleges.--The state's 28

15  public community colleges.

16         (c)  Division of Colleges and Universities.--The

17  state's public universities and colleges and the 4-year

18  independent colleges and universities which are located in and

19  chartered by the state, are accredited by the Commission on

20  Colleges of the Southern Association of Colleges and Schools,

21  and grant baccalaureate degrees, to enable more effective

22  articulation between these public and private institutions.

23  The division chancellor shall administer those provisions of

24  chapter 246 that apply to the independent colleges and

25  universities within the division and shall establish a liaison

26  responsible for partnerships that enhance articulation between

27  and communication with Florida's 4-year independent colleges

28  and universities.

29         (d)  Division of Independent Education.--The

30  independent education providers within the state, including

31  home education programs that meet the requirements of s.

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  232.0201, private K-12 institutions as described in s.

  2  229.808, independent colleges and universities, except those

  3  identified under paragraph (c), and private postsecondary

  4  career preparation and vocational training institutions.

  5         1.  The division shall be under an executive director

  6  and shall house a new commission, appointed by the Governor,

  7  to oversee licensing of independent postsecondary

  8  institutions, consumer protection, and program improvement.

  9  The commission shall have the powers and duties of the State

10  Board of Independent Colleges and Universities specified in

11  chapter 246, except the powers and duties relating to those

12  institutions identified under paragraph (c), and of the State

13  Board of Nonpublic Career Education.

14         2.  The division shall serve as the advocate for and

15  liaison to the independent education providers identified in

16  this paragraph.

17         3.  The executive director of the division shall

18  establish a mechanism for regular interaction and input from

19  independent education providers in the development of policies

20  that provide seamless articulation for all students.

21         4.  The division shall afford students and parents

22  educational options apart from the public K-20 system.

23         (5)  Establish the following offices within the Office

24  of the Commissioner of Education which shall coordinate their

25  activities with all other divisions and offices:

26         (a)  Office of Technology and Information Services.--In

27  conjunction with the chancellors of the divisions of public

28  schools, community colleges, and colleges and universities,

29  the office shall be responsible for developing a systemwide

30  technology plan, making budget recommendations to the

31  commissioner, providing data collection and management for the

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  system, and coordinating services with other state, local, and

  2  private agencies. The office shall develop a method to address

  3  the need for a statewide approach to planning and operations

  4  of library and information services. The Florida Virtual High

  5  School shall be 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

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  and vertical communication, and assisting the achievement of

  2  the seamless K-20 education system.

  3         Section 26.  Section 229.0074, Florida Statutes, is

  4  created to read:

  5         229.0074  Division of Independent Education.--

  6         (1)  The mission of the Division of Independent

  7  Education is to enhance the opportunity to raise the

  8  educational attainment levels of students pursuing their

  9  education in nongovernment settings by representing their

10  interests, and those of the institutions that serve them, in

11  the Department of Education. The Division of Independent

12  Education has no authority over the institutions or students

13  in Florida's independent education sector, other than those

14  specified in chapter 246 relating to independent postsecondary

15  education. The division shall serve as the advocate for, and

16  liaison to, independent education providers and institutions,

17  including home education programs, private K-12 institutions,

18  independent colleges and universities except as otherwise

19  provided in s. 229.0073(4)(c), and private postsecondary

20  career preparation/vocational training institutions.

21         (2)  The executive director of the division shall

22  establish a mechanism for regular interaction and input from

23  independent education providers in the development of policies

24  that provide seamless articulation for all students. The

25  executive director shall:

26         (a)  Learn the interests and concerns of the students

27  and providers of independent education at all levels in order

28  to strongly represent them in the Department of Education.

29         (b)  Articulate the interests and concerns of the

30  students and providers of independent education at all levels

31

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  in all relevant government settings, accurately reflecting the

  2  consensus or differences in opinion among those represented.

  3         (c)  Participate with the other division heads in key

  4  education decisionmaking processes.

  5         (d)  Monitor and participate in rulemaking and other

  6  activities relevant to the interests of the independent

  7  education sector.

  8         (e)  Serve as a key spokesperson for the independent

  9  education sector.

10         (f)  Advocate for any necessary educational services

11  and funds for independent education sector families and

12  schools.

13         (g)  Establish a clearinghouse of information.

14         (h)  Foster a collaborative spirit and working

15  relationship among the institutions of the private and public

16  sectors.

17         (i)  Identify and convey the best practices of the

18  independent education sector for the benefit of the other

19  education delivery sectors, and vice versa.

20         (j)  Augment, where appropriate, the efforts of groups

21  representing the students and providers of independent

22  education to communicate their concerns to government.

23         (k)  Facilitate the administration of education

24  services provided by the Department of Education to the

25  independent education sector, such as those relating to

26  teacher certification and background checks.

27         (l)  Encourage student-centered funding and the

28  expansion of family choice in education.

29         (m)  Develop and propose courses of action to the

30  representatives of the independent education sector.

31

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (n)  Communicate relevant decisions to the independent

  2  education sector.

  3         (o)  Establish and oversee the division staff necessary

  4  to carry out the division's functions in the most economical

  5  and effective manner.

  6         (p)  Evaluate pending policies to ensure they do not

  7  place unnecessary regulation or mandates on the independent

  8  education community.

  9         (3)  The powers and duties of the State Board of

10  Independent Colleges and Universities and the State Board of

11  Nonpublic Career Education, except as relating to any

12  independent nonprofit college or university which is located

13  in and chartered by the state, is accredited by the Commission

14  on Colleges of the Southern Association of Colleges and

15  Schools, and grants baccalaureate degrees, shall be combined

16  and transferred to a single board named the Commission for

17  Independent Education, which shall be administratively housed

18  within the division. This single board shall authorize

19  granting of certificates, diplomas, and degrees for

20  independent postsecondary education institutions through

21  exemption, registration authorization, and licensing.

22         (4)  The Commission for Independent Education shall

23  consist of 10 citizens who are residents of this state, a

24  majority of whom represent independent postsecondary

25  educational institutions licensed, authorized, or exempt from

26  licensure by the Commission for Independent Education. Members

27  shall be selected from the state at large and shall be

28  appointed by the Governor and confirmed by the Senate. To be

29  consistent with an independent rulemaking commission, members,

30  except members appointed pursuant to paragraph (g), must be

31  employees, consultants, commission members, or trustees of an

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  independent postsecondary educational institution that is

  2  licensed, authorized, or exempt from licensure by the

  3  Commission for Independent Education and offers primarily

  4  resident training. The commission shall consist of the

  5  following members:

  6         (a)  One member from a college or university licensed

  7  or exempt from licensure by the commission and accredited by a

  8  regional accrediting agency.

  9         (b)  Two members from colleges or universities licensed

10  or exempt from licensure by the commission and accredited by a

11  national accrediting agency.

12         (c)  One member from a college or university authorized

13  pursuant to s. 246.085(1)(b) or a college or university issued

14  an authorization pursuant to s. 246.084.

15         (d)  Two members from a school licensed by the

16  commission and accredited by a national accrediting agency.

17         (e)  One member from a nonaccredited school that is

18  licensed by the commission.

19         (f)  One member from a college or university licensed

20  or exempt from licensure by the commission, nationally or

21  regionally accredited, and offering programs at both the

22  degrees and nondegree levels.

23         (g)  Two lay citizens of the state who are not

24  employees, consultants, commission members, or trustees of a

25  nonpublic postsecondary educational institution and who do not

26  derive any income from a nonpublic postsecondary educational

27  institution.

28

29  Accreditation of an institution under this subsection must be

30  institutional accreditation by a regional or national

31

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  accrediting agency recognized by the United States Department

  2  of Education.

  3         (5)  The Governor shall appoint the new members of the

  4  commission to 3-year terms; however, for the initial

  5  appointment in 2001, four members shall be appointed for 3

  6  years, three members for 2 years, and three members for 1

  7  year. The Governor shall make the initial appointments no

  8  later than July 1, 2001.

  9         (6)  The establishment of the Division of Independent

10  Education shall not be construed to advance the extension or

11  expansion of government regulation on independent or home

12  education programs.

13         Section 27.  Section 229.008, Florida Statutes, is

14  created to read:

15         229.008  Boards of trustees of the state

16  universities.--

17         (1)(a)  Effective July 1, 2001, and no later than

18  November 1, 2001, the Governor shall appoint an 11-member

19  board of trustees for each university in the State University

20  System, with members subject to confirmation by the Senate. In

21  addition, each student body president shall serve as an ex

22  officio nonvoting member of his or her university board of

23  trustees. Members of the boards of trustees shall receive no

24  compensation but may be reimbursed for travel and per diem

25  expenses as provided in s. 112.061.

26         (b)  The Governor may remove a trustee upon the

27  recommendation of the Florida Board of Education or for cause.

28         (2)  There shall be no state residency requirements for

29  members of university boards of trustees. For regional

30  universities defined in rule as having a service area of more

31  than three counties, no county shall have a majority of board

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  members, and every county where the university has a physical

  2  presence must be represented on the board.

  3         (3)  A board of trustees shall be a public body

  4  corporate by the name of "The (name of university) Board of

  5  Trustees," with all the powers of a body corporate, including

  6  a corporate seal, the power to contract and be contracted

  7  with, to sue and be sued, to plead and be impleaded in all

  8  courts of law or equity, and to give and receive donations. In

  9  all suits against a board of trustees, service of process

10  shall be made on the chair of the board or, in the absence of

11  the chair, on the corporate secretary or designee.

12         (4)  Boards of trustees' members shall be appointed for

13  staggered 4-year terms, and may be reappointed for additional

14  terms not to exceed 8 years of service.

15         (5)  Each board of trustees shall select its chair and

16  vice chair from the appointed members at its first regular

17  meeting after July 1. The chair shall serve for 2 years and

18  may be reselected for one additional consecutive term. The

19  duties of the chair shall include presiding at all meetings of

20  the board, calling special meetings of the board, attesting to

21  actions of the board, and notifying the Governor in writing

22  whenever a board member fails to attend three consecutive

23  regular board meetings in any fiscal year, which failure may

24  be grounds for removal. The duty of the vice chair is to act

25  as chair during the absence or disability of the chair.

26         (6)  The university president shall serve as executive

27  officer and corporate secretary of the board of trustees and

28  shall be responsible to the board for all operations of the

29  university and for setting the agenda for meetings of the

30  board in consultation with the chair.

31

                                  74

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (7)  Upon appointment, each board of trustees shall

  2  commence professional orientation, training, and board

  3  development activities, and shall begin setting direction for

  4  its university in keeping with accountability and performance

  5  expectations of the seamless K-20 education system. In

  6  preparation for the transition from operating as a state

  7  agency to a body corporate employer without state agency

  8  status on July 1, 2002, each board of trustees shall submit to

  9  the Florida Board of Education action plans and timelines for

10  devolution of duties and responsibilities to the board of

11  trustees.

12         (8)  The boards of trustees shall be responsible for

13  cost-effective policy decisions appropriate to the

14  university's mission, the implementation and maintenance of

15  high-quality education programs within law and rules of the

16  Florida Board of Education, the measurement of performance,

17  the reporting of information, and the provision of input

18  regarding state policy, budgeting, and education standards.

19         Section 28.  Section 229.0081, Florida Statutes, is

20  created to read:

21         229.0081  Powers and duties of university boards of

22  trustees.--

23         (1)  Notwithstanding the provisions of chapter 240,

24  effective July 1, 2001, each university board of trustees is

25  vested with the authority to govern and set policy for its

26  university, as necessary to provide proper governance and

27  improvement of the university in accordance with law and with

28  rules of the Florida Board of Education. Each board of

29  trustees shall perform all duties assigned by law or by rule

30  of the Florida Board of Education or the Commissioner of

31  Education.

                                  75

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (2)  Notwithstanding the provisions of chapter 240,

  2  effective July 1, 2001, each university board of trustees may

  3  adopt rules and policies consistent with the university

  4  mission, with law, and with rule of the Florida Board of

  5  Education, including rules and policies for the following:

  6         (a)  Selecting the president to serve at the pleasure

  7  of the board and perform such duties as are assigned by the

  8  board or otherwise provided by law or by rule.

  9         (b)  Fixing the compensation and other conditions of

10  employment of the president.

11         (c)  Conducting periodic evaluations of the president,

12  submitting such evaluations to the Chancellor for review, and

13  suspending or removing the president in accordance with

14  guidelines established by the Chancellor.

15         (d)  Appointing a presidential search committee to make

16  recommendations to the full board of trustees, from which the

17  board shall select a candidate for reference to the Chancellor

18  and ratification by the Florida Board of Education.

19         (e)  In consultation with the university president,

20  defining and developing a strategic plan for the university

21  for recommendation to the Chancellor, the Commissioner of

22  Education, and the Florida Board of Education, as provided by

23  law, specifying institutional goals and objectives.

24         (f)  In consultation with the university president,

25  providing for academic freedom and academic responsibility at

26  the university.

27         (g)  In consultation with the university president,

28  submitting an institutional budget request, including a

29  request for fixed capital outlay, to the Chancellor in

30  accordance with guidelines established by the Florida Board of

31  Education.

                                  76

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (h)  Approving new, and terminating existing,

  2  undergraduate and graduate degree programs up to and including

  3  the master's degree level, based on criteria established by

  4  the Florida Board of Education.

  5         (i)  Purchasing, acquiring, receiving, holding, owning,

  6  managing, leasing, selling, disposing of, and conveying title

  7  to real property, in accordance with rules and guidelines of

  8  the Florida Board of Education.

  9         (j)  Entering into agreements for and accepting credit

10  card, charge card, and debit card payments as compensation for

11  goods, services, tuition, and fees.

12         (k)  Establishing codes of conduct and appropriate

13  penalties for violations of university rules by students and

14  student organizations, including rules governing student

15  academic honesty.

16         (l)  Establishing a committee, at least one-half of the

17  members of which shall be students appointed by the student

18  body president, to periodically review and evaluate the

19  student judicial system.

20         (m)  Establishing the personnel program for all

21  employees of the university in accordance with law, including:

22  compensation and other conditions of employment, recruitment

23  and selection, nonreappointment, standards for performance and

24  conduct, evaluation, benefits and hours of work, recognition,

25  inventions and works, travel, learning opportunities, academic

26  freedom and responsibility, promotion, assignment, demotion,

27  transfer, tenure and permanent status, ethical obligations and

28  conflicts of interest, restrictive covenants, disciplinary

29  actions, complaints, appeals and grievance procedures, and

30  separation and termination from employment.

31

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (n)  Establishing and maintaining a personnel exchange

  2  program.

  3         (o)  Governing admission of students subject to the

  4  rules of the Florida Board of Education.

  5         (p)  Considering the past actions of any person

  6  applying for admission, enrollment, or employment, and

  7  establishing policies to deny admission, enrollment, or

  8  employment to an applicant because of misconduct if determined

  9  to be in the best interest of the university.

10         (q)  Ensuring compliance with federal laws,

11  regulations, and requirements.

12         (r)  Using, maintaining, protecting, and controlling

13  university-owned or university-controlled buildings and

14  grounds, property and equipment, name, trademarks and other

15  proprietary marks, and the financial and other resources of

16  the university. Such authority may include placing

17  restrictions on activities and on access to facilities,

18  firearms, food, tobacco, alcoholic beverages, distribution of

19  printed materials, human subjects, animals, and sound.

20         (s)  Assuring that any challenge grant program, to be

21  matched with state funds, is consistent with the mission of

22  each institution, as approved by the Florida Board of

23  Education pursuant to s. 299.0061. The board of trustees must

24  also approve state matching funds for private contributions

25  consistent with that mission.

26         (t)  Establishing a procurement program for the

27  purchase, lease, or acquisition in any manner (including

28  purchase by installment or lease-purchase contract which may

29  provide for the payment of interest on the unpaid portion of

30  the purchase price and for the granting of a security interest

31

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  in the items purchased) of goods, materials, equipment, and

  2  services required by the university.

  3         (u)  Supervising faculty practice plans for the

  4  academic health science centers.

  5         (v) Establishing policies for the procurement and use

  6  of information resources and technology, including but not

  7  limited to, information systems, communications systems,

  8  computer hardware and software, and networks.

  9         (3)  Each board of trustees shall actively implement a

10  plan, in accordance with guidelines of the Florida Board of

11  Education, for working on a regular basis with the other

12  university boards of trustees, representatives of the

13  community college boards of trustees, and representatives of

14  the district school boards, to achieve the goals of the

15  seamless education system.

16         (4)  Notwithstanding the provisions of s. 216.351(1), a

17  state university board of trustees may authorize the rent or

18  lease of parking facilities, provided that such facilities are

19  funded through parking fees or parking fines imposed by a

20  university. A board of trustees may authorize a university to

21  charge fees for parking at such rented or leased parking

22  facilities.

23         (5)  Effective July 1, 2002, within proviso in the

24  General Appropriations Act and law, each board of trustees

25  shall set university matriculation fees, tuition, and other

26  fees. The matriculation fees and tuition level set by the

27  Board of Trustees shall vary from the standard tuition,

28  established in the annual General Appropriations Act, by no

29  more than 10 percent below or 15 percent above the standard.

30         (6)  Effective July 1, 2002, each board of trustees

31  shall implement the university facilities plan in accordance

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  with law and guidelines of the Commissioner of Education's

  2  Office of Educational Facilities and SMART Schools

  3  Clearinghouse.

  4         (7)  A board of trustees shall perform such other

  5  duties as are provided by law or rule of the Florida Board of

  6  Education.

  7         (8)  Establish policies relating to credit and

  8  noncredit educational offerings by the university, subject to

  9  guidelines of the Florida Board of Education.

10         Section 29.  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

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  with rules or policies approved by the university board of

  2  trustees.

  3         (4)  Govern admissions, subject to law and rules or

  4  policies of the university board of trustees and the Florida

  5  Board of Education.

  6         (5)  Approve, execute, and administer contracts for and

  7  on behalf of the university board of trustees for the

  8  acquisition of commodities, goods, equipment, services, leases

  9  of real and personal property, and planning and construction

10  to be rendered to or by the university, provided such

11  contracts are within law and guidelines of the Florida Board

12  of Education and in conformance with policies of the

13  university board of trustees, and are for the implementation

14  of approved programs of the university.

15         (6)  Act for the university board of trustees as

16  custodian of all university property. The authority vested in

17  the university president under this subsection includes the

18  authority to prioritize the use of university space, property,

19  equipment, and resources and the authority to impose charges

20  for the use of those items.

21         (7)  Establish the internal academic calendar of the

22  university within general guidelines of the Florida Board of

23  Education.

24         (8)  Administer the university's program of

25  intercollegiate athletics.

26         (9)  Recommend to the board of trustees the

27  establishment and termination of undergraduate and master's

28  level degree programs within the approved role and scope of

29  the university.

30         (10)  Award degrees.

31

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (11)  Recommend to the board of trustees a schedule of

  2  matriculation fees, tuition, and other fees to be charged by

  3  the university, within law and rules of the Florida Board of

  4  Education.

  5         (12)  Organize the university to efficiently and

  6  effectively achieve the goals of the university.

  7         (13)  Review periodically the operations of the

  8  university in order to determine how effectively and

  9  efficiently the university is being administered and whether

10  it is meeting the goals of its strategic plan adopted by the

11  Florida Board of Education.

12         (14)  Enter into agreements for student exchange

13  programs which involve students at the university and students

14  in other institutions of higher learning.

15         (15)  Approve the internal procedures of student

16  government organizations and provide purchasing, contracting,

17  and budgetary review processes for these organizations.

18         (16)  Ensure compliance with federal and state laws,

19  regulations, and other requirements that are applicable to the

20  university.

21         (17)  Maintain all data and information pertaining to

22  the operation of the university, and report on the attainment

23  by the university of institutional and statewide performance

24  accountability goals.

25         (18)  Each university president has the authority to

26  adjust property records and dispose of state-owned tangible

27  personal property in the university's custody in accordance

28  with procedures established by the university board of

29  trustees. Notwithstanding the provisions of s. 273.055(5), all

30  moneys received from the disposition of state-owned tangible

31  personal property shall be retained by the university and

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  disbursed for the acquisition of tangible personal property

  2  and for all necessary operating expenditures. The university

  3  shall maintain records of the accounts into which such moneys

  4  are deposited.

  5         Section 30.  (1)  Notwithstanding any provision of law

  6  to the contrary, effective July 1, 2001, the Florida

  7  Partnership for School Readiness is transferred by a type two

  8  transfer, pursuant to section 20.06(2), Florida Statutes, from

  9  the Executive Office of the Governor to the Agency for

10  Workforce Innovation.

11         (2)  Notwithstanding any provision of law to the

12  contrary, effective July 1, 2001, the child care executive

13  partnership program; the child care resource and referral

14  program; and the subsidized child care program including

15  statewide staff as referenced in the interagency agreement

16  between the Department of Children and Family Services and the

17  Florida Partnership for School Readiness signed on March 15,

18  2001, shall be transferred by a type two transfer, pursuant to

19  section 20.06(2), Florida Statutes, to the Agency for

20  Workforce Innovation.

21         (3)  Notwithstanding any provision of law to the

22  contrary, effective July 1, 2001, prekindergarten,migrant

23  prekindergarten, and Florida First Start programs including

24  statewide staff as referenced in the interagency agreement

25  between the Department of Education and the Florida

26  Partnership for School Readiness shall be transferred by a

27  type two transfer, pursuant to section 20.06(2), Florida

28  Statutes, to the Agency for Workforce Innovation.

29         (4)  The Agency for Workforce Innovation shall prepare

30  a plan that provides for the distribution and expenditure of

31  all school readiness funds.  The plan shall be submitted to

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  the Governor and the Legislative Budget Commission.  Upon

  2  approval, the Legislative Budget Commission shall authorize

  3  the transfer of funds to the Agency for Workforce Innovation

  4  for distribution in accordance with the provisions of the

  5  School Readiness Act.

  6         Section 31.  Section 229.0084, Florida Statutes, is

  7  created to read:

  8         229.0084  Legislative findings and intent.--It is the

  9  finding of the Legislature that student achievement, from

10  kindergarten through graduate school, is dependent upon a

11  number of factors, including the quality of schools, the

12  quality of instruction, and the personal efforts and

13  responsibilities of the students and their parents. Nothing

14  contained in Florida law shall make the state or local school

15  districts the guarantors that students will fully avail

16  themselves of the opportunities provided them to attain high

17  academic achievement.

18         Section 32.  Section 228.082, Florida Statutes, is

19  amended to read:

20         228.082  The Florida Virtual On-Line High School.--

21         (1)(a)  The Florida Virtual On-Line High School is

22  established for the development and delivery of on-line and

23  distance learning education and shall be administratively

24  housed within the Commissioner of Education's Office of

25  Technology and Information Services. The Commissioner of

26  Education shall monitor the school's performance and report

27  its performance to the Florida Board of Education and the

28  Legislature.

29         (b)  The mission of the Florida Virtual High School is

30  to provide students with high-quality technology-based

31  educational opportunities to gain the knowledge and skills

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  necessary to succeed in the 21st century. The school shall

  2  serve any student in the state who meets the profile for

  3  success in this educational delivery context and shall give

  4  priority to:

  5         1.  Students who need expanded access to courses in

  6  order to meet their educational goals, such as home education

  7  students and students in inner-city and rural high schools who

  8  do not have access to higher-level courses.

  9         2.  Students seeking accelerated access in order to

10  obtain a high school diploma at least one semester early.

11

12  The board of trustees of the Florida Virtual High School shall

13  identify appropriate performance measures and standards based

14  on student achievement that reflect the school's statutory

15  mission and priorities, and shall implement an accountability

16  system for the school that includes assessment of its

17  effectiveness and efficiency in providing quality services

18  that encourage high student achievement, seamless

19  articulation, and maximum access.

20         (2)  The Florida Virtual On-Line High School shall be

21  governed by a board of trustees comprised of seven members

22  appointed by the Governor to 4-year staggered terms, one of

23  whom shall be the current chair of the Florida High School

24  Advisory Board and one of whom shall be a representative of

25  the fiscal agent, and one of whom shall be the Chief

26  Information Officer or his designee from the State Technology

27  Office pursuant to ch. 2000-164, Laws of Florida. The board

28  shall be a public agency entitled to sovereign immunity

29  pursuant to s. 768.28, and board members shall be public

30  officers who shall bear fiduciary responsibility for the

31

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  Florida Virtual On-Line High School. The board of trustees

  2  shall have the following powers and duties:

  3         (a)1.  The board of trustees shall meet within 30 days

  4  of July 1, 2000, and shall continue to meet at least 4 times

  5  each year, upon the call of the chair, or at the request of a

  6  majority of the membership.

  7         (b)  Until not more than 60 days after the initial

  8  meeting of the board, the current governance structure of the

  9  Florida On-Line High School shall be maintained.

10         2.(c)  The fiscal year for the Florida Virtual On-Line

11  High School shall be the state fiscal year as provided in s.

12  216.011(1)(n).

13         (b)  The board of trustees shall be responsible for the

14  Florida Virtual High School's development of a

15  state-of-the-art technology-based education delivery system

16  that is cost-effective, educationally sound, marketable, and

17  capable of sustaining a self-sufficient delivery system

18  through the Florida Education Finance Program, by fiscal year

19  2003-2004. Beginning in fiscal year 2002-2003, the school

20  shall collect FTE for home-schooled students.

21         (c)(d)  The board of trustees shall aggressively seek

22  avenues to generate revenue to support its future endeavors,

23  and shall enter into agreements with distance learning

24  providers. The board of trustees and may acquire, enjoy, use,

25  and dispose of patents, copyrights, and trademarks and any

26  licenses and other rights or interests thereunder or therein.

27  Ownership of all such patents, copyrights, trademarks,

28  licenses, and rights or interests thereunder or therein shall

29  vest in the state, with the board having full right of use and

30  full right to retain the revenues derived therefrom. Any funds

31  realized from patents, copyrights, trademarks, or licenses

                                  86

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  shall be used to support the school's research and development

  2  activities in order to improve courseware and services to its

  3  students.

  4         (d)(e)  The board of trustees shall annually prepare

  5  and submit to the Florida Board of Education a legislative

  6  budget request, including funding requests for computers for

  7  public school students who do not have access to public school

  8  computers, in accordance with chapter 216 and s. 235.41. The

  9  legislative budget request of the Florida Virtual On-Line High

10  School shall be prepared using the same format, procedures,

11  and timelines required for the submission of the legislative

12  budget of the Department of Education.

13         (e)(f)  In accordance with law and rules of the Florida

14  Board of Education, the board of trustees shall administer and

15  maintain personnel programs for all employees of the board of

16  trustees and the Florida Virtual On-Line High School. The

17  board of trustees may adopt rules, policies, and procedures

18  related to the appointment, employment, and removal of

19  personnel.

20         1.  The board of trustees shall determine the

21  compensation, including salaries and fringe benefits, and

22  other conditions of employment for such personnel.

23         2.  The board of trustees may establish and maintain a

24  personnel loan or exchange program by which persons employed

25  by the board for the Florida Virtual On-Line High School as

26  academic administrative and instructional staff may be loaned

27  to, or exchanged with persons employed in like capacities by,

28  public agencies either within or without this state, or by

29  private industry. With respect to public agency employees, the

30  program authorized by this subparagraph shall be consistent

31  with the requirements of part II of chapter 112. The salary

                                  87

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  and benefits of board personnel participating in the loan or

  2  exchange program shall be continued during the period of time

  3  they participate in a loan or exchange program, and such

  4  personnel shall be deemed to have no break in creditable or

  5  continuous service or employment during such time. The salary

  6  and benefits of persons participating in the personnel loan or

  7  exchange program who are employed by public agencies or

  8  private industry shall be paid by the originating employers of

  9  those participants, and such personnel shall be deemed to have

10  no break in creditable or continuous service or employment

11  during such time.

12         3.  The employment of all Florida Virtual On-Line High

13  School academic administrative and instructional personnel

14  shall be subject to rejection for cause by the board of

15  trustees, and shall be subject to policies of the board of

16  trustees relative to certification, tenure, leaves of absence,

17  sabbaticals, remuneration, and such other conditions of

18  employment as the board deems necessary and proper, not

19  inconsistent with law.

20         4.  Each person employed by the board of trustees in an

21  academic administrative or instructional capacity with the

22  Florida Virtual On-Line High School shall be entitled to a

23  contract as provided by rules of the board.

24         5.  All employees except temporary, seasonal, and

25  student employees may be state employees for the purpose of

26  being eligible to participate in the Florida Retirement System

27  and receive benefits. The classification and pay plan,

28  including terminal leave and other benefits, and any

29  amendments thereto, shall be subject to review and approval by

30  the Department of Management Services and the Executive Office

31  of the Governor prior to adoption. In the event that the board

                                  88

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  of trustees assumes responsibility for governance pursuant to

  2  this section before approval is obtained, employees shall be

  3  compensated pursuant to the system in effect for the employees

  4  of the fiscal agent.

  5         (f)(g)  The board of trustees shall establish

  6  priorities for admission of students in accordance with

  7  paragraph (1)(b).

  8         (g)(h)  The board of trustees shall establish and

  9  distribute to all school districts and high schools in the

10  state procedures for enrollment of students into courses

11  offered by the Florida Virtual On-Line High School. Such

12  procedures shall be designed to minimize paperwork and fairly

13  resolve the issue of double funding students taking courses

14  online maximize participation by students.

15         (h)(i)  The board of trustees shall annually submit to

16  the Florida Board Department of Education both forecasted and

17  actual enrollments for the Florida Virtual On-Line High

18  School, according to procedures established by the Florida

19  Board Department of Education. At a minimum, such procedures

20  must include the number of public, private, and home school

21  students served by district.

22         (i)(j)  The board of trustees shall provide for the

23  content and custody of student and employee personnel records.

24  Student records shall be subject to the provisions of s.

25  228.093. Employee records shall be subject to the provisions

26  of s. 231.291.

27         (j)(k)  The financial records and accounts of the

28  Florida Virtual On-Line High School shall be maintained under

29  the direction of the board of trustees and under regulations

30  prescribed by the Florida State Board of Education for the

31

                                  89

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  uniform system of financial records and accounts for the

  2  schools of the state.

  3

  4  The Governor shall designate the initial chair of the board of

  5  trustees to serve a term of 4 years. Members of the board of

  6  trustees shall serve without compensation, but may be

  7  reimbursed for per diem and travel expenses pursuant to s.

  8  112.061. The board of trustees shall be a body corporate with

  9  all the powers of a body corporate and such authority as is

10  needed for the proper operation and improvement of the Florida

11  Virtual On-Line High School. The board of trustees is

12  specifically authorized to adopt rules, policies, and

13  procedures, consistent with law and rules of the Florida Board

14  of Education related to governance, personnel, budget and

15  finance, administration, programs, curriculum and instruction,

16  travel and purchasing, technology, students, contracts and

17  grants, and property as necessary for optimal, efficient

18  operation of the Florida Virtual On-Line High School. Tangible

19  personal property owned by the board of trustees shall be

20  subject to the provisions of chapter 273.

21         (3)(a)  Until fiscal year 2003-2004, the Commissioner

22  of Education shall include the Florida Virtual On-Line High

23  School as a grant-in-aid appropriation in the department's

24  legislative budget request to the Florida State Board of

25  Education, the Governor, and the Legislature,.

26         (a)  subject to any guidelines imposed in the General

27  Appropriations Act, funds for the operation of the Florida

28  On-Line High School shall be requested and appropriated within

29  the Department of Education as a grant-in-aid category until

30  such time as the Legislature authorizes a different funding

31  mechanism.

                                  90

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         (b)  The Orange County District School Board shall be

  2  the temporary fiscal agent of the Florida Virtual On-Line High

  3  School.

  4         (c)  Priorities for the delivery of services by the

  5  Florida On-Line High School shall ensure that priority access

  6  is provided equitably across the state.

  7         (4)  Under no circumstance may the credit of the state

  8  be pledged on behalf of the Florida Virtual On-Line High

  9  School.

10         (5)  By January 1, 2001, The board of trustees shall

11  annually submit to the Governor, the Legislature, the

12  Commissioner of Education, and the Florida Board of Education

13  Reorganization Transition Commission a complete and detailed

14  report setting forth:

15         (a)  The operations and accomplishments of the Florida

16  Virtual On-Line High School.

17         (b)  The marketing and operational plan for the Florida

18  Virtual On-Line High School, including recommendations

19  regarding methods for improving the delivery of education

20  through the Internet and other distance learning technology.

21         (c)  The assets and liabilities of the Florida Virtual

22  On-Line High School at the end of the fiscal year.

23         (d)  A copy of an annual financial and compliance audit

24  of the accounts and records of the Florida Virtual On-Line

25  High School, conducted by an independent certified public

26  accountant and performed in accordance with rules adopted by

27  the Auditor General.

28         (e)  Recommendations regarding the unit cost of

29  providing services to students. In order to most effectively

30  develop public policy regarding any future funding of the

31  Florida Virtual On-Line High School, it is imperative that the

                                  91

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1  cost of the program is accurately identified. The identified

  2  cost of the program must be based on reliable data and reflect

  3  the costs associated with maintaining a state-of-the-art

  4  on-line high school, including the costs associated with

  5  maintaining a high-quality research and development effort to

  6  locate and assimilate, or develop, Internet-based courses.

  7         (f)  Recommendations regarding an accountability

  8  mechanism to assess the effectiveness of the services provided

  9  by the Florida Virtual On-Line High School.

10         (6)  The Auditor General may, pursuant to his or her

11  own authority, or at the direction of the Joint Legislative

12  Auditing Committee, conduct an audit of the Florida Virtual

13  On-Line High School.

14         (7)  The Florida State Board of Education may adopt

15  rules it deems necessary to implement reporting requirements

16  for the Florida Virtual On-Line High School.

17         Section 33.  The Department of Education shall maximize

18  the available federal indirect cost allowed on all federal

19  grants. Effective with fiscal year 2001-2002, the Division of

20  Public Schools and the state's public colleges and

21  universities shall provide a report by December 15 of each

22  year to the Governor, the President of the Senate, and the

23  Speaker of the House of Representatives that addresses the

24  expenditures of the indirect overhead. The report shall be in

25  a format to support the legislative appropriations process

26  and, at a minimum, shall include expenditure summaries by

27  revenue source and specific purpose.

28         Section 34.  Effective June 30, 2002, section 229.8065,

29  Florida Statutes, is repealed.

30         Section 35.  Effective June 30, 2002, subsection (2) of

31  section 229.085, Florida Statutes, is amended to read:

                                  92

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1         229.085  Custody of educational funds.--

  2         (2)  There is created in the Department of Education

  3  the Projects, Contracts, and Grants Trust Fund. If, in

  4  executing the terms of such grants or contracts for specific

  5  projects, the employment of personnel shall be required, such

  6  personnel shall not be subject to the requirements of s.

  7  216.262(1)(a). The personnel employed to plan and administer

  8  such projects shall be considered in time-limited employment

  9  not to exceed the duration of the grant or until completion of

10  the project, whichever first occurs.  Such employees shall not

11  acquire retention rights under the Career Service System, the

12  provisions of s. 110.051(1) to the contrary notwithstanding.

13  Any employee holding permanent career service status in a

14  Department of Education position who is appointed to a

15  position under the Projects, Contracts, and Grants Trust Fund

16  shall retain such permanent status in the career service

17  position.

18         Section 36.  Subsections (2), (4), and (5), paragraphs

19  (b), (c), and (d) of subsection (1), and paragraphs (a), (c),

20  (d), and (e) of subsection (3) of section 235.217, Florida

21  Statutes, are repealed.

22         Section 37.  Sections 240.145, 240.147, 240.227,

23  240.307, subsection (2) of section 240.209, and subsection (4)

24  of section 240.311, Florida Statutes, are repealed.

25         Section 38.  Except as otherwise provided in this act,

26  this act shall take effect upon becoming a law.

27

28

29

30

31

                                  93

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2108
    309-1927A-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 2108

  3

  4  The Governor will appoint the Secretary of the Florida Board
    of Education. The secretary and the commissioner are required
  5  to conduct the transition activities in partnership.

  6  The board that replaces the Postsecondary Education Planning
    Commission is named the Education K-20 Policy and Research
  7  Council, has 11 members instead of 9, and is administratively
    housed in the Office of the Commissioner of Education.
  8
    Several subsections state that the bill does not constitute
  9  any interference with the status of independent and home
    education.
10
    The SMART Schools Clearinghouse is transferred from the
11  Department of Management Services to a newly created unit in
    the Office of the Commissioner, called the Office of
12  Educational Facilities and the SMART Schools Clearinghouse.

13  A community college may obtain the authority to offer a
    limited number of selected baccalaureate-degree level
14  programs; the bill details procedures and requirements for the
    process.
15
    New College, which is currently a branch campus of the
16  University of South Florida, is designated as the eleventh
    member of the State University System, while it retains its
17  distinctive mission as the 4-year residential liberal arts
    honors college of the State of Florida.
18
    The branch campuses of the University of South Florida in
19  Sarasota/Manatee and in St. Petersburg are converted into
    fiscally autonomous campuses with separate campus boards and
20  executive officers. The bill requires the University of South
    Florida to seek separate accreditation for the two campuses.
21  The Board of Trustees of the University of South Florida will
    appoint the members of the campus boards from recommendations
22  of the President of the University of South Florida, who will
    appoint the campus executive officers.
23
    By type two transfer, the following entities are transferred
24  to the Agency for Workforce Innovation: the Florida
    Partnership for School Readiness, prekindergarten program,
25  migrant prekindergarten, Florida First Start program,
    subsidized child care programs, child care executive
26  partnership program, and child care resource and referral
    program.
27

28

29

30

31

                                  94

CODING: Words stricken are deletions; words underlined are additions.