Senate Bill sb2578
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Florida Senate - 2004 SB 2578
By Senator Diaz de la Portilla
36-1742-04 See HB 303
1 A bill to be entitled
2 An act relating to access to postsecondary
3 education; amending s. 1000.21, F.S.; revising
4 the names of certain community colleges;
5 amending s. 1007.33, F.S., relating to
6 site-determined baccalaureate degree access;
7 providing intent; providing the process for
8 community college submission of proposals to
9 deliver baccalaureate degree programs and the
10 approval of such proposals; providing mission
11 and policies of community colleges, including
12 those approved to grant baccalaureate degrees;
13 providing for the reporting of students and the
14 establishment of tuition and fees for approved
15 baccalaureate degree programs; providing
16 responsibilities of community college boards of
17 trustees; providing requirements relating to
18 employees; providing for facility standards,
19 funding, and acquisition; providing
20 requirements relating to state funding;
21 specifying colleges authorized to grant
22 baccalaureate degrees; authorizing rulemaking;
23 amending ss. 288.8175, 1002.35, and 1004.76,
24 F.S.; conforming provisions; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Paragraphs (d), (o), and (q) of subsection
30 (3) of section 1000.21, Florida Statutes, are amended to read:
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Florida Senate - 2004 SB 2578
36-1742-04 See HB 303
1 1000.21 Systemwide definitions.--As used in the
2 Florida K-20 Education Code:
3 (3) "Community college," except as otherwise
4 specifically provided, includes the following institutions and
5 any branch campuses, centers, or other affiliates of the
6 institution:
7 (d) Chipola Junior College.
8 (o) Miami-Dade Community College.
9 (q) Okaloosa-Walton Community College.
10 Section 2. Section 1007.33, Florida Statutes, is
11 amended to read:
12 1007.33 Site-determined baccalaureate degree access.--
13 (1) INTENT.--
14 (a) The Legislature recognizes that public and private
15 postsecondary educational institutions play essential roles in
16 improving the quality of life and economic well-being of the
17 state and its residents. The Legislature also recognizes that
18 economic development needs and the educational needs of
19 place-bound, nontraditional students have increased the demand
20 for local access to baccalaureate degree programs. In some,
21 but not all, geographic regions, baccalaureate degree programs
22 are being delivered successfully at the local community
23 college through agreements between the community college and
24 4-year postsecondary institutions within or outside of the
25 state. It is therefore the intent of the Legislature to
26 further expand access to baccalaureate degree programs through
27 the use of community colleges.
28 (b) The Legislature further intends support for the
29 following priorities:
30 1. Expand access to postsecondary education,
31 particularly to serve diverse and nontraditional students and
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Florida Senate - 2004 SB 2578
36-1742-04 See HB 303
1 students for whom postsecondary education is not
2 geographically accessible.
3 2. Support programs that meet critical workforce
4 needs.
5 3. Encourage innovative alternatives to traditional
6 baccalaureate degree programs or programs that no longer meet
7 community needs.
8 4. Evaluate and authorize program options based on
9 cost efficiency and effectiveness measures through
10 partnerships with state or private universities and
11 consideration of state and student costs associated with
12 comparable baccalaureate degree programs at community
13 colleges.
14 (2) AUTHORITY.--
15 (a) A community college may enter into a formal
16 agreement pursuant to the provisions of s. 1007.22 for the
17 delivery of specified baccalaureate degree programs.
18 (b)(3) A community college may develop a proposal to
19 deliver specified baccalaureate degree programs in its
20 district to meet local workforce needs. The proposal must be
21 submitted to the State Board of Education for approval. The
22 community college's proposal must include the following
23 information:
24 1.(a) Demonstrated demand for the baccalaureate degree
25 program is identified by the workforce development board,
26 local businesses and industry, local chambers of commerce, and
27 potential students.
28 2.(b) Unmet need for graduates of the proposed degree
29 program is substantiated.
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Florida Senate - 2004 SB 2578
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1 3.(c) Demonstrated evidence that the community college
2 has the facilities and academic resources to deliver the
3 program.
4 (3) PROCESS.--
5 (a) Community colleges must submit proposals to the
6 Council for Education Policy Research and Improvement and the
7 State Board of Education in accordance with timelines and
8 guidelines adopted by the State Board of Education.
9 (b) The proposal must be submitted to the Council for
10 Education Policy Research and Improvement for review and
11 comment.
12 (c) The State Board of Education may approve, deny, or
13 recommend revisions to proposals. Upon approval of the State
14 Board of Education for the specific degree program or
15 programs, the community college shall pursue regional
16 accreditation by the Commission on Colleges of the Southern
17 Association of Colleges and Schools. Any additional
18 baccalaureate degree programs the community college wishes to
19 offer must be approved by the State Board of Education.
20 (d) Implementation of approved programs shall be in
21 accordance with joint letters of agreement between the State
22 Board of Education and colleges approved by the state board
23 pursuant to this section.
24 (4) MISSION; POLICIES.--
25 (a) The intent of the Legislature is that community
26 colleges, including those approved to grant baccalaureate
27 degrees pursuant to this section, shall maintain their mission
28 specified in s. 1004.65, including primary mission
29 responsibilities and the secondary role of providing
30 upper-level instruction and awarding baccalaureate degrees as
31 specifically authorized by s. 1004.65(7).
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Florida Senate - 2004 SB 2578
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1 1. The primary mission of a community college is to
2 provide high-quality undergraduate education at an affordable
3 price for students and the state. The purpose is to promote
4 economic development by preparing people for occupations that
5 require a baccalaureate degree and are in demand by existing
6 or emerging public and private employers in this state. The
7 Legislature intends that the primary mission of a community
8 college, including a community college that offers
9 baccalaureate degree programs, continues to be the provision
10 of associate degrees that provide access to a university.
11 2. A community college shall maintain the mission and
12 policies of a Florida community college, including the
13 open-door admissions policy for adult education, workforce,
14 and lower-division college credit programs, and the authority
15 to offer all programs consistent with a community college's
16 authority.
17 3. A community college may not terminate its associate
18 in arts or associate in science degree programs as a result of
19 the authorization provided in this section subsection (3). The
20 Legislature intends that the primary mission of a community
21 college, including a community college that offers
22 baccalaureate degree programs, continues to be the provision
23 of associate degrees that provide access to a university.
24 (b) A community college approved to grant a
25 baccalaureate degree pursuant to this section shall maintain
26 the distinction between the college and its university
27 partnerships. The community college is limited to community
28 college programs and to selected baccalaureate-degree-level
29 programs that meet community needs and are authorized as
30 provided by this section. A joint or concurrent-use
31 partnership may make available more diverse program offerings,
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Florida Senate - 2004 SB 2578
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1 but those programs are offered by a participating college or
2 university and are not to be classified or funded as programs
3 of the baccalaureate-degree-granting community college.
4 (c) The academic policies of the upper-division
5 program at a baccalaureate-degree-granting community college
6 must be in accordance with rules and policies of the State
7 Board of Education, including all academic and reporting
8 policies.
9 (d) Performance accountability requirements for both
10 upper-division and lower-division programs shall be in
11 accordance with State Board of Education policy, with
12 upper-division responsibilities aligned with state university
13 accountability requirements.
14 (5) STUDENTS; FEES.--
15 (a) Community colleges authorized to grant
16 baccalaureate degrees pursuant to this section shall maintain
17 separate records for students who are enrolled in courses
18 classified in the upper division and lower division of a
19 baccalaureate degree program, according to the statewide
20 course numbering system. A student shall be reported as a
21 community college student for enrollment in a lower-division
22 course and as a baccalaureate degree program student for
23 enrollment in an upper-division course.
24 (b) Each community college board of trustees shall
25 establish tuition and out-of-state fees for approved
26 baccalaureate degree programs.
27 1. Tuition and out-of-state fees for certificate-level
28 courses or lower-division level college credit courses must be
29 within the range authorized in law and rule for a community
30 college student at that level.
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Florida Senate - 2004 SB 2578
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1 2. Tuition and out-of-state fees for upper-division
2 students must reflect the fact that the college has a less
3 expensive cost structure than that of a state university.
4 Therefore, the board of trustees shall establish tuition and
5 out-of-state fees for upper-division students within a range
6 between fees for lower-division credit courses and 85 percent
7 of the local state university tuition and out-of-state fees.
8 (c) Discretionary fees for upper-division instruction
9 that is part of a baccalaureate degree program shall be
10 established by a community college board of trustees as
11 provided in s. 1009.23.
12 (d) Students in workforce development education
13 courses maintain the authorized fee exemptions described in s.
14 1009.25 and may be exempt from local fees imposed by the board
15 of trustees, at the board's discretion.
16 (6) BOARDS.--
17 (a) The board of trustees of the sponsoring community
18 college serves as the college's governing board. The Governor
19 shall appoint members as provided in s. 1001.61, and the board
20 has the duties and authorities granted in ss. 1001.63 and
21 1001.64 and by rules of the State Board of Education.
22 (b) Community colleges authorized to grant
23 baccalaureate degrees pursuant to this section shall remain
24 under the authority of the State Board of Education for
25 planning, coordination, oversight, budget, and accountability
26 responsibilities.
27 (c) The board of trustees may authorize direct-support
28 organizations for baccalaureate degree programs as authorized
29 in ss. 1004.28 and 1004.70.
30 (d) The board of trustees of a community college
31 authorized to grant a baccalaureate degree may continue to
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Florida Senate - 2004 SB 2578
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1 award degrees, diplomas, and certificates as authorized for
2 the college, and in the name of the college, until the college
3 receives its accreditation.
4 (7) EMPLOYEES.--
5 (a) Employment at community colleges approved to grant
6 baccalaureate degrees is governed by the same laws that govern
7 community colleges.
8 (b) Employee records for all personnel shall be
9 maintained as required by s. 1012.81.
10 (8) FACILITIES.--
11 (a) Sections 1013.39 and 1013.82 apply to community
12 colleges approved to grant baccalaureate degrees pursuant to
13 this section.
14 (b) Community colleges approved to grant baccalaureate
15 degrees may request funding from the Public Education Capital
16 Outlay and Debt Service Trust Fund for all authorized
17 programs, including approved baccalaureate degree programs.
18 Enrollment in approved baccalaureate degree programs shall be
19 computed in the survey of need for facilities.
20 (c) The municipalities in the counties of the approved
21 colleges, the board of county commissioners of those
22 respective counties, and all other governmental entities are
23 authorized to cooperate with the board of trustees of the
24 approved college in establishing the institution. The
25 acquisition and donation of lands, buildings, and equipment
26 for the use of the approved college are authorized as a public
27 purpose. The board of county commissioners of the respective
28 counties and all municipalities in those counties may exercise
29 the power of eminent domain to acquire lands, buildings, and
30 equipment for the use of the approved college, regardless of
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1 whether such lands, buildings, and equipment are located in a
2 community redevelopment area.
3 (9) STATE FUNDING.--
4 (a) Community colleges shall fund the nonrecurring
5 costs related to the initiation of a new baccalaureate degree
6 program without new state appropriations unless special grant
7 funds are designated by the State Board of Education, subject
8 to funding by the Legislature for this purpose.
9 (b) Recurring operational funding for a community
10 college authorized to grant baccalaureate degrees pursuant to
11 this section shall be funded as follows:
12 1. As a community college for its workforce
13 development education programs and for its
14 lower-division-level college credit courses and programs
15 funded in the community college program fund.
16 2. As a baccalaureate-degree-level institution for its
17 upper-division level courses and programs. State support for
18 these programs should fund enrollment growth, comparable to
19 how enrollment growth at state universities is considered,
20 with not more than 85 percent of the amount per full-time
21 equivalent student in a comparable state university program
22 provided to community colleges that grant baccalaureate
23 degrees, as recommended by the State Board of Education. Funds
24 appropriated for this purpose are restricted to use for the
25 baccalaureate degree programs only.
26 (c) Funding for a baccalaureate degree program at a
27 community college shall be requested by the State Board of
28 Education as a separate line item outside the community
29 college and state university budgets.
30 (d) Baccalaureate-degree-granting community colleges
31 shall maintain reporting and funding distinctions between any
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Florida Senate - 2004 SB 2578
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1 baccalaureate degree program approved pursuant to this section
2 and other baccalaureate degree programs involving traditional
3 concurrent-use partnerships.
4 (e) Students enrolled in approved baccalaureate degree
5 programs at community colleges are eligible for financial aid
6 as upper-division students.
7 (10) COLLEGES AND DEGREES.--In addition to the
8 certificates, diplomas, and degrees authorized in s. 1004.65,
9 the following community colleges are approved to grant
10 baccalaureate degrees for only the degree programs approved by
11 the State Board of Education in accordance with the provisions
12 of this section:
13 (a) Chipola College.
14 (b) Miami-Dade College.
15 (c) Okaloosa-Walton College.
16 (11) RULES.--The State Board of Education is
17 authorized to adopt rules pursuant to ss. 120.536(1) and
18 120.54 necessary to implement the provisions of this section.
19 Section 3. Paragraph (g) of subsection (5) of section
20 288.8175, Florida Statutes, is amended to read:
21 288.8175 Linkage institutes between postsecondary
22 institutions in this state and foreign countries.--
23 (5) The institutes are:
24 (g) Florida-France Institute (New College of the
25 University of South Florida, Miami-Dade Community College, and
26 Florida State University).
27 Section 4. Paragraph (a) of subsection (2) of section
28 1002.35, Florida Statutes, is amended to read:
29 1002.35 New World School of the Arts.--
30 (2)(a) For purposes of governance, the New World
31 School of the Arts is assigned to Miami-Dade Community
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Florida Senate - 2004 SB 2578
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1 College, the Dade County School District, and one or more
2 universities designated by the State Board of Education. The
3 State Board of Education shall assign to the New World School
4 of the Arts a university partner or partners. In this
5 selection, the State Board of Education shall consider the
6 accreditation status of the core programs. Florida
7 International University, in its capacity as the provider of
8 university services to Dade County, shall be a partner to
9 serve the New World School of the Arts, upon meeting the
10 accreditation criteria. The respective boards shall appoint
11 members to an executive board for administration of the
12 school. The executive board may include community members and
13 shall reflect proportionately the participating institutions.
14 Miami-Dade Community College shall serve as fiscal agent for
15 the school.
16 Section 5. Subsection (2) of section 1004.76, Florida
17 Statutes, is amended to read:
18 1004.76 Florida Martin Luther King, Jr., Institute for
19 Nonviolence.--
20 (2) There is hereby created the Florida Martin Luther
21 King, Jr., Institute for Nonviolence to be established at
22 Miami-Dade Community College. The institute shall have an
23 advisory board consisting of 13 members as follows: the
24 Attorney General, the Commissioner of Education, and 11
25 members to be appointed by the Governor, such members to
26 represent the population of the state based on its ethnic,
27 gender, and socioeconomic diversity. Of the members appointed
28 by the Governor, one shall be a member of the Senate appointed
29 by the Governor on the recommendation of the President of the
30 Senate; one shall be a member of the Senate appointed by the
31 Governor on the recommendation of the minority leader; one
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Florida Senate - 2004 SB 2578
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1 shall be a member of the House of Representatives appointed by
2 the Governor on the recommendation of the Speaker of the House
3 of Representatives; one shall be a member of the House of
4 Representatives appointed by the Governor on the
5 recommendation of the minority leader; and seven shall be
6 members appointed by the Governor, no more than three of whom
7 shall be members of the same political party. The following
8 groups shall be represented by the seven members: the Florida
9 Sheriffs Association; the Florida Association of Counties; the
10 Florida League of Cities; state universities human services
11 agencies; community relations or human relations councils; and
12 youth. A chairperson shall be elected by the members and shall
13 serve for a term of 3 years. Members of the board shall serve
14 the following terms of office which shall be staggered:
15 (a) A member of the Legislature appointed to the board
16 shall serve for a single term not to exceed 5 years and shall
17 serve as a member only while he or she is a member of the
18 Legislature.
19 (b) Of the seven members who are not members of the
20 Legislature, three shall serve for terms of 4 years, two shall
21 serve for terms of 3 years, and one shall serve for a term of
22 1 year. Thereafter, each member, except for a member appointed
23 to fill an unexpired term, shall serve for a 5-year term. No
24 member shall serve on the board for more than 10 years.
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26 In the event of a vacancy occurring in the office of a member
27 of the board by death, resignation, or otherwise, the Governor
28 shall appoint a successor to serve for the balance of the
29 unexpired term.
30 Section 6. This act shall take effect July 1, 2004.
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