HB 0303CS

CHAMBER ACTION



1The Committee on Education K-20 recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to postsecondary education; amending s.
71000.21, F.S.; redesignating specified community colleges;
8amending s. 1001.64, F.S.; providing authority and
9requirements for the board of trustees of a community
10college authorized to grant baccalaureate degrees;
11providing for the establishment of tuition and out-of-
12state fees for baccalaureate degree programs; requiring
13the adoption of a policy relating to faculty adherence to
14a specified classroom contact-hour requirement; amending
15s. 1004.65, F.S.; prohibiting a community college from
16terminating associate degree programs as a result of
17offering baccalaureate degree programs; amending s.
181007.33, F.S.; revising requirements for a proposal by a
19community college to deliver a baccalaureate degree
20program; requiring the Department of Education to assess
21proposals and the State Board of Education to approve
22proposals; requiring a joint letter of agreement to
23implement an approved program; requiring the State Board
24of Education to adopt policies and requirements concerning
25reporting and performance accountability for upper-
26division and lower-division programs; prohibiting a
27community college from offering graduate programs;
28authorizing rulemaking; amending s. 1009.23, F.S.;
29providing requirements for upper-division tuition and
30fees; revising the amount of the fee for capital
31improvements, technology enhancements, or equipping
32student buildings; requiring use of certain services for
33issuance of bonds; revising the allocation for certain
34child care centers; amending s. 1011.83, F.S.; providing
35for funding a community college authorized to grant
36baccalaureate degrees; amending s. 1013.60, F.S.; revising
37requirements for the legislative capital outlay budget
38request submitted by the Commissioner of Education;
39providing for requests for funding and recommendations for
40the expenditure of funds for facilities for baccalaureate
41degree programs at community colleges; amending ss.
42288.8175, 1002.35, and 1004.76, F.S.; conforming
43terminology; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Paragraphs (d), (f), (o), and (q) of subsection
48(3) of section 1000.21, Florida Statutes, are amended to read:
49     1000.21  Systemwide definitions.--As used in the Florida K-
5020 Education Code:
51     (3)  "Community college," except as otherwise specifically
52provided, includes the following institutions and any branch
53campuses, centers, or other affiliates of the institution:
54     (d)  Chipola Junior College.
55     (f)  Edison Community College.
56     (o)  Miami Dade Miami-Dade Community College.
57     (q)  Okaloosa-Walton Community College.
58     Section 2.  Subsections (1), (2), and (8) of section
591001.64, Florida Statutes, are amended to read:
60     1001.64  Community college boards of trustees; powers and
61duties.--
62     (1)  The boards of trustees shall be responsible for cost-
63effective policy decisions appropriate to the community
64college's mission, the implementation and maintenance of high-
65quality education programs within law and rules of the State
66Board of Education, the measurement of performance, the
67reporting of information, and the provision of input regarding
68state policy, budgeting, and education standards. Community
69colleges may grant baccalaureate degrees pursuant to s. 1007.33
70and shall remain under the authority of the State Board of
71Education in accordance with current statutory provisions
72relating to community colleges as defined in s. 1000.21.
73     (2)  Each board of trustees is vested with the
74responsibility to govern its respective community college and
75with such necessary authority as is needed for the proper
76operation and improvement thereof in accordance with rules of
77the State Board of Education. This authority includes serving as
78the governing board for purposes of granting baccalaureate
79degrees as authorized pursuant to s. 1007.33 and approved by the
80State Board of Education.
81     (8)  Each board of trustees has authority for policies
82related to students, enrollment of students, student records,
83student activities, financial assistance, and other student
84services.
85     (a)  Each board of trustees shall govern admission of
86students pursuant to s. 1007.263 and rules of the State Board of
87Education. A board of trustees may establish additional
88admissions criteria, which shall be included in the district
89interinstitutional articulation agreement developed according to
90s. 1007.235, to ensure student readiness for postsecondary
91instruction. Each board of trustees may consider the past
92actions of any person applying for admission or enrollment and
93may deny admission or enrollment to an applicant because of
94misconduct if determined to be in the best interest of the
95community college.
96     (b)  Each board of trustees shall adopt rules establishing
97student performance standards for the award of degrees and
98certificates pursuant to s. 1004.68. The board of trustees of a
99community college authorized to grant a baccalaureate degree
100pursuant to s. 1007.33 may continue to award degrees, diplomas,
101and certificates as authorized for the college, and in the name
102of the college, until the college receives any necessary changes
103to its accreditation.
104     (c)  Each board of trustees shall establish tuition and
105out-of-state fees for approved baccalaureate degree programs,
106consistent with law and proviso in the General Appropriations
107Act.
108     (d)(c)  Boards of trustees are authorized to establish
109intrainstitutional and interinstitutional programs to maximize
110articulation pursuant to s. 1007.22.
111     (e)(d)  Boards of trustees shall identify their core
112curricula, which shall include courses required by the State
113Board of Education, pursuant to the provisions of s. 1007.25(6).
114     (f)(e)  Each board of trustees must adopt a written
115antihazing policy, provide a program for the enforcement of such
116rules, and adopt appropriate penalties for violations of such
117rules pursuant to the provisions of s. 1006.63(1)-(3).
118     (g)(f)  Each board of trustees may establish a uniform code
119of conduct and appropriate penalties for violation of its rules
120by students and student organizations, including rules governing
121student academic honesty. Such penalties, unless otherwise
122provided by law, may include fines, the withholding of diplomas
123or transcripts pending compliance with rules or payment of
124fines, and the imposition of probation, suspension, or
125dismissal.
126     (h)(g)  Each board of trustees pursuant to s. 1006.53 shall
127adopt a policy in accordance with rules of the State Board of
128Education that reasonably accommodates the religious observance,
129practice, and belief of individual students in regard to
130admissions, class attendance, and the scheduling of examinations
131and work assignments.
132     (i)  Each board of trustees shall adopt a policy ensuring
133that faculty who teach upper-division courses that are a
134component part of a baccalaureate degree program must adhere to
135the requirements of s. 1012.82.
136     Section 3.  Subsections (7) and (9) of section 1004.65,
137Florida Statutes, are amended to read:
138     1004.65  Community colleges; definition, mission, and
139responsibilities.--
140     (7)  A separate and secondary role for community colleges
141includes:
142     (a)  Providing upper level instruction and awarding
143baccalaureate degrees as specifically authorized by law.
144Community colleges that are approved to offer baccalaureate
145degree programs shall maintain the primary mission pursuant to
146subsection (6) and may not terminate associate in arts or
147associate in science degree programs as a result of the
148authorization to offer baccalaureate degree programs.
149     (b)  The offering of programs in:
150     1.  Community services that are not directly related to
151academic or occupational advancement.
152     2.  Adult general education.
153     3.  Recreational and leisure services.
154     (9)  Community colleges are authorized to offer such
155programs and courses as are necessary to fulfill their mission
156and are authorized to grant associate in arts degrees, associate
157in science degrees, associate in applied science degrees,
158certificates, awards, and diplomas. Each community college is
159also authorized to make provisions for the General Educational
160Development test. Each community college may provide access to
161and award baccalaureate degrees in accordance with law.
162     Section 4.  Section 1007.33, Florida Statutes, is amended
163to read:
164     1007.33  Site-determined baccalaureate degree access.--
165     (1)  The Legislature recognizes that public and private
166postsecondary educational institutions play essential roles in
167improving the quality of life and economic well-being of the
168state and its residents. The Legislature also recognizes that
169economic development needs and the educational needs of place-
170bound, nontraditional students have increased the demand for
171local access to baccalaureate degree programs. In some, but not
172all, geographic regions, baccalaureate degree programs are being
173delivered successfully at the local community college through
174agreements between the community college and 4-year
175postsecondary institutions within or outside of the state.  It
176is therefore the intent of the Legislature to further expand
177access to baccalaureate degree programs through the use of
178community colleges to provide programs that meet critical
179workforce needs.
180     (2)  A community college may enter into a formal agreement
181pursuant to the provisions of s. 1007.22 for the delivery of
182specified baccalaureate degree programs.
183     (3)  A community college may develop a proposal to deliver
184specified baccalaureate degree programs in its district to meet
185local workforce needs; expand access to postsecondary education
186particularly to diverse, nontraditional, and geographically
187bound students; enhance articulation particularly in program
188areas where articulation is limited; or provide the means of
189obtaining a baccalaureate degree in a manner that is most cost-
190efficient to the student and the state. The proposal must be
191submitted to the State Board of Education, in accordance with
192timeframes and guidelines adopted by the state board, for a
193formal assessment by the Department of Education and final
194approval by the state board. The community college's proposal
195must include a statement of determination by the community
196college that the following information:
197     (a)  Demand for the baccalaureate degree program is
198identified by the workforce development board, local businesses
199and industry, local chambers of commerce, and potential
200students.
201     (b)  Unmet need for graduates of the proposed degree
202program is substantiated.
203     (c)  The community college has the facilities and academic
204resources to deliver the program.
205     (d)  Innovative and alternative options have been
206considered, such as distance learning and university
207partnerships, and found less cost-effective for the student, the
208community, and the state.
209
210The State Board of Education shall review the formal assessment
211and approve, deny, or require revisions to proposals, in
212accordance with the adopted timeframes and guidelines. The state
213board may approve only those proposals that fully comply with
214the requirements of this subsection and s. 1004.03(2) and
215represent the most efficient and cost-effective manner to
216provide access to the degree. The proposal must be submitted to
217the Council for Education Policy Research and Improvement for
218review and comment.
219     (4)  Upon approval of the State Board of Education for the
220specific degree program or programs, the community college shall
221pursue regional accreditation by the Commission on Colleges of
222the Southern Association of Colleges and Schools. Any additional
223baccalaureate degree programs the community college wishes to
224offer must be approved by the State Board of Education pursuant
225to the process outlined in this section. Approved programs shall
226be implemented in accordance with joint letters of agreement
227between the State Board of Education and community colleges
228offering approved programs.
229     (5)  The State Board of Education shall adopt by rule
230policies that address the baccalaureate degree programs at
231community colleges approved pursuant to this section, including
232reporting policies and performance accountability requirements
233for both upper-division and lower-division programs.
234     (6)(4)  A community college may not terminate its associate
235in arts or associate in science degree programs as a result of
236the authorization provided in subsection (3). The Legislature
237intends that the primary mission of a community college,
238including a community college that offers baccalaureate degree
239programs, continues to be the provision of associate degrees
240that provide access to a university.
241     (7)  A community college may not offer graduate programs.
242     (8)  The State Board of Education may adopt rules to
243administer this section.
244     Section 5.  Subsections (1), (2), (3), and (11) of section
2451009.23, Florida Statutes, are amended to read:
246     1009.23  Community college student fees.--
247     (1)  Unless otherwise provided, the provisions of this
248section apply only to fees charged for college credit
249instruction leading to an associate in arts degree, an associate
250in applied science degree, or an associate in science degree, or
251a baccalaureate degree authorized by the State Board of
252Education pursuant to s. 1007.33 and for noncollege credit
253college-preparatory courses defined in s. 1004.02.
254     (2)(a)  All students shall be charged fees except students
255who are exempt from fees or students whose fees are waived.
256     (b)  Tuition and out-of-state fees for upper-division
257courses must reflect the fact that the community college has a
258less expensive cost structure than that of a state university.
259Therefore, the board of trustees shall establish tuition and
260out-of-state fees for upper-division courses within a range
261between fees for lower-division credit courses and the local
262state university tuition and out-of-state fees. A community
263college board of trustees may not establish any fee for an
264upper-division course or student unless specifically authorized
265by this section or rules of the State Board of Education.
266     (3)  The State Board of Education shall adopt by December
26731 of each year a resident fee schedule for the following fall
268for advanced and professional, associate in science degree,
269baccalaureate degree programs authorized by the State Board of
270Education pursuant to s. 1007.33, and college-preparatory
271programs that produce revenues in the amount of 25 percent of
272the full prior year's cost of these programs. Fees for courses
273in college-preparatory programs and associate in arts and
274associate in science degree programs may be established at the
275same level. In the absence of a provision to the contrary in an
276appropriations act, the fee schedule shall take effect and the
277colleges shall expend the funds on instruction.  If the
278Legislature provides for an alternative fee schedule in an
279appropriations act, the fee schedule shall take effect the
280subsequent fall semester.
281     (11)  Each community college board of trustees may
282establish a separate fee for capital improvements, technology
283enhancements, or equipping student buildings which may not
284exceed 10 percent of tuition for resident students or 10 percent
285of the sum of tuition and out-of-state fees for nonresident
286students. The fee for resident students shall be limited to an
287increase of $2 per credit hour over the prior year $1 per credit
288hour or credit-hour equivalent for residents and which equals or
289exceeds $3 per credit hour for nonresidents. Funds collected by
290community colleges through these fees may be bonded only for the
291purpose of financing or refinancing new construction and
292equipment, renovation, or remodeling of educational facilities.
293The fee shall be collected as a component part of the tuition
294and fees, paid into a separate account, and expended only to
295construct and equip, maintain, improve, or enhance the
296educational facilities of the community college. Projects funded
297through the use of the capital improvement fee shall meet the
298survey and construction requirements of chapter 1013. Pursuant
299to s. 216.0158, each community college shall identify each
300project, including maintenance projects, proposed to be funded
301in whole or in part by such fee. Capital improvement fee
302revenues may be pledged by a board of trustees as a dedicated
303revenue source to the repayment of debt, including lease-
304purchase agreements and revenue bonds, with a term not to exceed
30520 years, and not to exceed the useful life of the asset being
306financed, only for the new construction and equipment,
307renovation, or remodeling of educational facilities. Community
308colleges shall may use the services of the Division of Bond
309Finance of the State Board of Administration to issue any bonds
310authorized through the provisions of this subsection. Any such
311bonds issued by the Division of Bond Finance shall be in
312compliance with the provisions of the State Bond Act. Bonds
313issued pursuant to the State Bond Act shall be validated in the
314manner provided by chapter 75. The complaint for such validation
315shall be filed in the circuit court of the county where the seat
316of state government is situated, the notice required to be
317published by s. 75.06 shall be published only in the county
318where the complaint is filed, and the complaint and order of the
319circuit court shall be served only on the state attorney of the
320circuit in which the action is pending. A maximum of 15 percent
321cents per credit hour may be allocated from the capital
322improvement fee for child care centers conducted by the
323community college.
324     Section 6.  Section 1011.83, Florida Statutes, is amended
325to read:
326     1011.83  Financial support of community colleges.--
327     (1)  Each community college that has been approved by the
328Department of Education and meets the requirements of law and
329rules of the State Board of Education shall participate in the
330Community College Program Fund. However, funds to support
331workforce development programs conducted by community colleges
332shall be provided by the Workforce Development Education Fund
333pursuant to s. 1011.80. Community colleges shall fund the
334nonrecurring costs related to the initiation of a new
335baccalaureate degree program pursuant to s. 1007.33 without new
336state appropriations unless special grant funds are designated
337by the State Board of Education, subject to funding by the
338Legislature for this purpose. However, a new baccalaureate
339degree program may not accept students without a recurring
340legislative appropriation for this purpose. Recurring
341operational funding for a community college authorized to grant
342baccalaureate degrees pursuant to s. 1007.33 shall be funded as
343follows:
344     (a)  As a community college for its workforce development
345education programs and for its lower-division level college
346credit courses and programs funded in the community college
347program fund pursuant to this section.
348     (b)  As a baccalaureate-degree-level institution for its
349upper-division level courses and programs. State support for
350these programs should not exceed 85 percent of the amount of
351state support per full-time equivalent student in a comparable
352state university program. Funds appropriated for this purpose
353may be used only for the baccalaureate degree programs.
354     (2)  Community colleges that grant baccalaureate degrees
355shall maintain reporting and funding distinctions between any
356baccalaureate degree program approved pursuant to s. 1007.33 and
357other baccalaureate degree programs involving traditional
358concurrent-use partnerships.
359     Section 7.  Paragraph (c) is added to subsection (3) of
360section 1013.60, Florida Statutes, to read:
361     1013.60  Legislative capital outlay budget request.--
362     (3)  The commissioner shall submit an integrated,
363comprehensive budget request to the Executive Office of the
364Governor and to the Legislature each fiscal year by the
365submission date specified in s. 216.023(1). Notwithstanding the
366provisions of s. 216.043, the integrated, comprehensive budget
367request shall include:
368     (c)  Recommendations for the priority expenditure of funds
369for facilities for baccalaureate degree programs at community
370colleges pursuant to s. 1007.33, provided the projects are
371identified in a community college's capital improvement plan.
372Such projects shall not be considered a component of the 3-year
373priority list of the community college or state university
374system pursuant to s. 1013.64(4)(a). Community colleges approved
375to grant baccalaureate degrees may request funding from the
376Public Education Capital Outlay and Debt Service Trust Fund for
377all authorized programs, including approved baccalaureate degree
378programs pursuant to this paragraph. Enrollment in approved
379baccalaureate degree programs shall be computed into the survey
380of need for facilities.
381     Section 8.  Paragraph (g) of subsection (5) of section
382288.8175, Florida Statutes, is amended to read:
383     288.8175  Linkage institutes between postsecondary
384institutions in this state and foreign countries.--
385     (5)  The institutes are:
386     (g)  Florida-France Institute (New College of the
387University of South Florida, Miami Dade Miami-Dade Community
388College, and Florida State University).
389     Section 9.  Paragraph (a) of subsection (2) of section
3901002.35, Florida Statutes, is amended to read:
391     1002.35  New World School of the Arts.--
392     (2)(a)  For purposes of governance, the New World School of
393the Arts is assigned to Miami Dade Miami-Dade Community College,
394the Dade County School District, and one or more universities
395designated by the State Board of Education. The State Board of
396Education shall assign to the New World School of the Arts a
397university partner or partners. In this selection, the State
398Board of Education shall consider the accreditation status of
399the core programs. Florida International University, in its
400capacity as the provider of university services to Dade County,
401shall be a partner to serve the New World School of the Arts,
402upon meeting the accreditation criteria. The respective boards
403shall appoint members to an executive board for administration
404of the school. The executive board may include community members
405and shall reflect proportionately the participating
406institutions. Miami Dade Miami-Dade Community College shall
407serve as fiscal agent for the school.
408     Section 10.  Subsection (2) of section 1004.76, Florida
409Statutes, is amended to read:
410     1004.76  Florida Martin Luther King, Jr., Institute for
411Nonviolence.--
412     (2)  There is hereby created the Florida Martin Luther
413King, Jr., Institute for Nonviolence to be established at Miami
414Dade Miami-Dade Community College. The institute shall have an
415advisory board consisting of 13 members as follows: the Attorney
416General, the Commissioner of Education, and 11 members to be
417appointed by the Governor, such members to represent the
418population of the state based on its ethnic, gender, and
419socioeconomic diversity. Of the members appointed by the
420Governor, one shall be a member of the Senate appointed by the
421Governor on the recommendation of the President of the Senate;
422one shall be a member of the Senate appointed by the Governor on
423the recommendation of the minority leader; one shall be a member
424of the House of Representatives appointed by the Governor on the
425recommendation of the Speaker of the House of Representatives;
426one shall be a member of the House of Representatives appointed
427by the Governor on the recommendation of the minority leader;
428and seven shall be members appointed by the Governor, no more
429than three of whom shall be members of the same political party.
430The following groups shall be represented by the seven members:
431the Florida Sheriffs Association; the Florida Association of
432Counties; the Florida League of Cities; state universities human
433services agencies; community relations or human relations
434councils; and youth. A chairperson shall be elected by the
435members and shall serve for a term of 3 years. Members of the
436board shall serve the following terms of office which shall be
437staggered:
438     (a)  A member of the Legislature appointed to the board
439shall serve for a single term not to exceed 5 years and shall
440serve as a member only while he or she is a member of the
441Legislature.
442     (b)  Of the seven members who are not members of the
443Legislature, three shall serve for terms of 4 years, two shall
444serve for terms of 3 years, and one shall serve for a term of 1
445year. Thereafter, each member, except for a member appointed to
446fill an unexpired term, shall serve for a 5-year term. No member
447shall serve on the board for more than 10 years.
448
449In the event of a vacancy occurring in the office of a member of
450the board by death, resignation, or otherwise, the Governor
451shall appoint a successor to serve for the balance of the
452unexpired term.
453     Section 11.  This act shall take effect July 1, 2004.


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