HB 0167

1
A bill to be entitled
2An act relating to postsecondary education; amending s.
31001.64, F.S.; providing authority and requirements for
4community colleges and the boards of trustees of community
5colleges authorized to grant baccalaureate degrees;
6providing for the establishment of tuition and out-of-
7state fees for baccalaureate degree programs; requiring
8the adoption of a policy relating to faculty adherence to
9a specified classroom contact-hour requirement; amending
10s. 1004.65, F.S.; prohibiting community colleges from
11terminating associate degree programs as a result of
12offering baccalaureate degree programs; amending s.
131007.33, F.S.; revising requirements for a proposal by a
14community college to deliver a baccalaureate degree
15program; requiring the Department of Education to assess
16proposals and the State Board of Education to approve
17proposals; requiring a joint letter of agreement to
18implement an approved program; requiring the State Board
19of Education to adopt policies and requirements concerning
20reporting and performance accountability for upper-
21division and lower-division programs; prohibiting a
22community college from offering graduate programs;
23authorizing rulemaking; amending s. 1009.23, F.S.;
24providing requirements for upper-division tuition and
25fees; revising the amount of the fee for capital
26improvements, technology enhancements, or equipping
27student buildings; requiring use of certain services for
28issuance of bonds; revising the allocation for certain
29child care centers; amending s. 1011.83, F.S.; providing
30for funding a community college authorized to grant
31baccalaureate degrees; specifying requirements for
32recurring operational funding; requiring reporting and
33funding distinctions between certain programs; amending s.
341013.60, F.S.; revising requirements for the legislative
35capital outlay budget request submitted by the
36Commissioner of Education; providing for requests for
37funding and recommendations for the expenditure of funds
38for facilities for baccalaureate degree programs at
39community colleges; amending ss. 288.8175, 1002.35, and
401004.76, F.S.; updating terminology; providing an
41effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Subsections (1), (2), and (8) of section
461001.64, Florida Statutes, are amended to read:
47     1001.64  Community college boards of trustees; powers and
48duties.--
49     (1)  The boards of trustees shall be responsible for
50cost-effective policy decisions appropriate to the community
51college's mission, the implementation and maintenance of
52high-quality education programs within law and rules of the
53State Board of Education, the measurement of performance, the
54reporting of information, and the provision of input regarding
55state policy, budgeting, and education standards. Community
56colleges may grant baccalaureate degrees pursuant to s. 1007.33
57and shall remain under the authority of the State Board of
58Education in accordance with current statutory provisions
59relating to community colleges as defined in s. 1000.21.
60     (2)  Each board of trustees is vested with the
61responsibility to govern its respective community college and
62with such necessary authority as is needed for the proper
63operation and improvement thereof in accordance with rules of
64the State Board of Education. This authority includes serving as
65the governing board for purposes of granting baccalaureate
66degrees as authorized pursuant to s. 1007.33 and approved by the
67State Board of Education.
68     (8)  Each board of trustees has authority for policies
69related to students, enrollment of students, student records,
70student activities, financial assistance, and other student
71services.
72     (a)  Each board of trustees shall govern admission of
73students pursuant to s. 1007.263 and rules of the State Board of
74Education. A board of trustees may establish additional
75admissions criteria, which shall be included in the district
76interinstitutional articulation agreement developed according to
77s. 1007.235, to ensure student readiness for postsecondary
78instruction. Each board of trustees may consider the past
79actions of any person applying for admission or enrollment and
80may deny admission or enrollment to an applicant because of
81misconduct if determined to be in the best interest of the
82community college.
83     (b)  Each board of trustees shall adopt rules establishing
84student performance standards for the award of degrees and
85certificates pursuant to s. 1004.68. The board of trustees of a
86community college authorized to grant a baccalaureate degree
87pursuant to s. 1007.33 may continue to award degrees, diplomas,
88and certificates as authorized for the college, and in the name
89of the college, until the college receives any necessary changes
90to its accreditation.
91     (c)  Each board of trustees shall establish tuition and
92out-of-state fees for approved baccalaureate degree programs,
93consistent with law and proviso in the General Appropriations
94Act.
95     (d)(c)  Boards of trustees are authorized to establish
96intrainstitutional and interinstitutional programs to maximize
97articulation pursuant to s. 1007.22.
98     (e)(d)  Boards of trustees shall identify their core
99curricula, which shall include courses required by the State
100Board of Education, pursuant to the provisions of s. 1007.25(6).
101     (f)(e)  Each board of trustees must adopt a written
102antihazing policy, provide a program for the enforcement of such
103rules, and adopt appropriate penalties for violations of such
104rules pursuant to the provisions of s. 1006.63(1)-(3).
105     (g)(f)  Each board of trustees may establish a uniform code
106of conduct and appropriate penalties for violation of its rules
107by students and student organizations, including rules governing
108student academic honesty. Such penalties, unless otherwise
109provided by law, may include fines, the withholding of diplomas
110or transcripts pending compliance with rules or payment of
111fines, and the imposition of probation, suspension, or
112dismissal.
113     (h)(g)  Each board of trustees pursuant to s. 1006.53 shall
114adopt a policy in accordance with rules of the State Board of
115Education that reasonably accommodates the religious observance,
116practice, and belief of individual students in regard to
117admissions, class attendance, and the scheduling of examinations
118and work assignments.
119     (i)  Each board of trustees shall adopt a policy ensuring
120that faculty who teach upper-division courses that are a
121component part of a baccalaureate degree program must adhere to
122the requirements of s. 1012.82.
123     Section 2.  Paragraph (a) of subsection (7) and subsection
124(9) of section 1004.65, Florida Statutes, are amended to read:
125     1004.65  Community colleges; definition, mission, and
126responsibilities.--
127     (7)  A separate and secondary role for community colleges
128includes:
129     (a)  Providing upper level instruction and awarding
130baccalaureate degrees as specifically authorized by law.
131Community colleges that are approved to offer baccalaureate
132degree programs shall maintain the primary mission pursuant to
133subsection (6) and may not terminate associate in arts or
134associate in science degree programs as a result of the
135authorization to offer baccalaureate degree programs.
136     (9)  Community colleges are authorized to offer such
137programs and courses as are necessary to fulfill their mission
138and are authorized to grant associate in arts degrees, associate
139in science degrees, associate in applied science degrees,
140certificates, awards, and diplomas. Each community college is
141also authorized to make provisions for the General Educational
142Development test. Each community college may provide access to
143and award baccalaureate degrees in accordance with law.
144     Section 3.  Section 1007.33, Florida Statutes, is amended
145to read:
146     1007.33  Site-determined baccalaureate degree access.--
147     (1)  The Legislature recognizes that public and private
148postsecondary educational institutions play essential roles in
149improving the quality of life and economic well-being of the
150state and its residents. The Legislature also recognizes that
151economic development needs and the educational needs of place-
152bound, nontraditional students have increased the demand for
153local access to baccalaureate degree programs. In some, but not
154all, geographic regions, baccalaureate degree programs are being
155delivered successfully at the local community college through
156agreements between the community college and 4-year
157postsecondary institutions within or outside of the state.  It
158is therefore the intent of the Legislature to further expand
159access to baccalaureate degree programs through the use of
160community colleges to provide programs that meet critical
161workforce needs.
162     (2)  A community college may enter into a formal agreement
163pursuant to the provisions of s. 1007.22 for the delivery of
164specified baccalaureate degree programs.
165     (3)  A community college may develop a proposal to deliver
166specified baccalaureate degree programs in its district to meet
167local workforce needs; expand access to postsecondary education,
168particularly to diverse, nontraditional, and geographically
169bound students; enhance articulation, particularly in program
170areas where articulation is limited; or provide the means of
171obtaining a baccalaureate degree in a manner that is most cost-
172efficient to the student and the state. The proposal must be
173submitted to the State Board of Education, in accordance with
174timeframes and guidelines adopted by the state board, for a
175formal assessment by the Department of Education and final
176approval by the state board. The community college's proposal
177must include a statement of determination by the community
178college that the following information:
179     (a)  Demand for the baccalaureate degree program is
180identified by the workforce development board, local businesses
181and industry, local chambers of commerce, and potential
182students.
183     (b)  Unmet need for graduates of the proposed degree
184program is substantiated.
185     (c)  The community college has the facilities and academic
186resources to deliver the program.
187     (d)  Innovative and alternative options have been
188considered, such as distance learning and university
189partnerships, and found less cost-effective for the student, the
190community, and the state.
191
192The State Board of Education shall review the formal assessment
193and approve, deny, or require revisions to proposals, in
194accordance with the adopted timeframes and guidelines. The state
195board may approve only those proposals that fully comply with
196the requirements of this subsection and s. 1004.03(2) and
197represent the most efficient and cost-effective manner to
198provide access to the degree. The proposal must be submitted to
199the Council for Education Policy Research and Improvement for
200review and comment.
201     (4)  Upon approval of the State Board of Education for the
202specific degree program or programs, the community college shall
203pursue regional accreditation by the Commission on Colleges of
204the Southern Association of Colleges and Schools. Any additional
205baccalaureate degree programs the community college wishes to
206offer must be approved by the State Board of Education pursuant
207to the process outlined in this section. Approved programs shall
208be implemented in accordance with joint letters of agreement
209between the State Board of Education and community colleges
210offering approved programs.
211     (5)  The State Board of Education shall adopt by rule
212policies that address the baccalaureate degree programs at
213community colleges approved pursuant to this section, including
214reporting policies and performance accountability requirements
215for both upper-division and lower-division programs.
216     (6)(4)  A community college may not terminate its associate
217in arts or associate in science degree programs as a result of
218the authorization provided in subsection (3). The Legislature
219intends that the primary mission of a community college,
220including a community college that offers baccalaureate degree
221programs, continues to be the provision of associate degrees
222that provide access to a university.
223     (7)  A community college may not offer graduate programs.
224     (8)  The State Board of Education may adopt rules to
225administer this section.
226     Section 4.  Subsections (1), (2), (3), and (11) of section
2271009.23, Florida Statutes, are amended to read:
228     1009.23  Community college student fees.--
229     (1)  Unless otherwise provided, the provisions of this
230section apply only to fees charged for college credit
231instruction leading to an associate in arts degree, an associate
232in applied science degree, or an associate in science degree, or
233a baccalaureate degree authorized by the State Board of
234Education pursuant to s. 1007.33 and for noncollege credit
235college-preparatory courses defined in s. 1004.02.
236     (2)(a)  All students shall be charged fees except students
237who are exempt from fees or students whose fees are waived.
238Identical fees shall be required for all community college
239resident students within a college who take a specific course,
240regardless of the program in which they are enrolled.
241     (b)  Tuition and out-of-state fees for upper-division
242courses must reflect the fact that the community college has a
243less expensive cost structure than that of a state university.
244Therefore, the board of trustees shall establish tuition and
245out-of-state fees for upper-division courses within a range
246between fees for lower-division credit courses and the local
247state university tuition and out-of-state fees. A community
248college board of trustees may not establish any fee for an
249upper-division course or student unless specifically authorized
250by this section or rules of the State Board of Education.
251     (3)  The State Board of Education shall adopt by December
25231 of each year a resident fee schedule for the following fall
253for advanced and professional programs, associate in science
254degree programs, baccalaureate degree programs authorized by the
255State Board of Education pursuant to s. 1007.33, and college-
256preparatory programs that produce revenues in the amount of 25
257percent of the full prior year's cost of these programs. Fees
258for courses in college-preparatory programs and associate in
259arts and associate in science degree programs may be established
260at the same level. In the absence of a provision to the contrary
261in an appropriations act, the fee schedule shall take effect and
262the colleges shall expend the funds on instruction.  If the
263Legislature provides for an alternative fee schedule in an
264appropriations act, the fee schedule shall take effect the
265subsequent fall semester.
266     (11)  Each community college board of trustees may
267establish a separate fee for capital improvements, technology
268enhancements, or equipping student buildings which may not
269exceed 10 percent of tuition for resident students or 10 percent
270of the sum of tuition and out-of-state fees for nonresident
271students. The fee for resident students shall be limited to an
272increase of $2 per credit hour over the prior year $1 per credit
273hour or credit-hour equivalent for residents and which equals or
274exceeds $3 per credit hour for nonresidents. Funds collected by
275community colleges through these fees may be bonded only for the
276purpose of financing or refinancing new construction and
277equipment, renovation, or remodeling of educational facilities.
278The fee shall be collected as a component part of the tuition
279and fees, paid into a separate account, and expended only to
280construct and equip, maintain, improve, or enhance the
281educational facilities of the community college. Projects funded
282through the use of the capital improvement fee shall meet the
283survey and construction requirements of chapter 1013. Pursuant
284to s. 216.0158, each community college shall identify each
285project, including maintenance projects, proposed to be funded
286in whole or in part by such fee. Capital improvement fee
287revenues may be pledged by a board of trustees as a dedicated
288revenue source to the repayment of debt, including lease-
289purchase agreements and revenue bonds, with a term not to exceed
29020 years, and not to exceed the useful life of the asset being
291financed, only for the new construction and equipment,
292renovation, or remodeling of educational facilities. Community
293colleges shall may use the services of the Division of Bond
294Finance of the State Board of Administration to issue any bonds
295authorized through the provisions of this subsection. Any such
296bonds issued by the Division of Bond Finance shall be in
297compliance with the provisions of the State Bond Act. Bonds
298issued pursuant to the State Bond Act shall be validated in the
299manner provided by chapter 75. The complaint for such validation
300shall be filed in the circuit court of the county where the seat
301of state government is situated, the notice required to be
302published by s. 75.06 shall be published only in the county
303where the complaint is filed, and the complaint and order of the
304circuit court shall be served only on the state attorney of the
305circuit in which the action is pending. A maximum of 15 percent
306cents per credit hour may be allocated from the capital
307improvement fee for child care centers conducted by the
308community college.
309     Section 5.  Section 1011.83, Florida Statutes, is amended
310to read:
311     1011.83  Financial support of community colleges.--
312     (1)  Each community college that has been approved by the
313Department of Education and meets the requirements of law and
314rules of the State Board of Education shall participate in the
315Community College Program Fund. However, funds to support
316workforce education programs conducted by community colleges
317shall be provided pursuant to s. 1011.80. Community colleges
318shall fund the nonrecurring costs related to the initiation of a
319new baccalaureate degree program pursuant to s. 1007.33 without
320new state appropriations unless special grant funds are
321designated by the State Board of Education, subject to funding
322by the Legislature for this purpose. However, a new
323baccalaureate degree program may not accept students without a
324recurring legislative appropriation for this purpose. Recurring
325operational funding for a community college authorized to grant
326baccalaureate degrees pursuant to s. 1007.33 shall be funded as
327follows:
328     (a)  As a community college for its workforce education
329programs and for its lower-division level college credit courses
330and programs funded in the Community College Program Fund
331pursuant to this section.
332     (b)  As a baccalaureate-degree-level institution for its
333upper-division level courses and programs. State support for
334these programs should not exceed 85 percent of the amount of
335state support per full-time equivalent student in a comparable
336state university program. Funds appropriated for this purpose
337may be used only for the baccalaureate degree programs.
338     (2)  Community colleges that grant baccalaureate degrees
339shall maintain reporting and funding distinctions between any
340baccalaureate degree program approved pursuant to s. 1007.33 and
341other baccalaureate degree programs involving traditional
342concurrent-use partnerships.
343     Section 6.  Paragraph (c) is added to subsection (3) of
344section 1013.60, Florida Statutes, to read:
345     1013.60  Legislative capital outlay budget request.--
346     (3)  The commissioner shall submit an integrated,
347comprehensive budget request to the Executive Office of the
348Governor and to the Legislature each fiscal year by the
349submission date specified in s. 216.023(1). Notwithstanding the
350provisions of s. 216.043, the integrated, comprehensive budget
351request shall include:
352     (c)  Recommendations for the priority expenditure of funds
353for facilities for baccalaureate degree programs at community
354colleges pursuant to s. 1007.33, provided the projects are
355identified in a community college's capital improvement plan.
356Such projects shall not be considered a component of the 3-year
357priority list of the community college or state university
358system pursuant to s. 1013.64(4)(a). Community colleges approved
359to grant baccalaureate degrees may request funding from the
360Public Education Capital Outlay and Debt Service Trust Fund for
361all authorized programs, including approved baccalaureate degree
362programs pursuant to this paragraph. Enrollment in approved
363baccalaureate degree programs shall be computed into the survey
364of need for facilities.
365     Section 7.  Paragraph (g) of subsection (5) of section
366288.8175, Florida Statutes, is amended to read:
367     288.8175  Linkage institutes between postsecondary
368institutions in this state and foreign countries.--
369     (5)  The institutes are:
370     (g)  Florida-France Institute (New College of the
371University of South Florida, Miami Dade Miami-Dade Community
372College, and Florida State University).
373     Section 8.  Paragraph (a) of subsection (2) of section
3741002.35, Florida Statutes, is amended to read:
375     1002.35  New World School of the Arts.--
376     (2)(a)  For purposes of governance, the New World School of
377the Arts is assigned to Miami Dade Miami-Dade Community College,
378the Dade County School District, and one or more universities
379designated by the State Board of Education. The State Board of
380Education shall assign to the New World School of the Arts a
381university partner or partners. In this selection, the State
382Board of Education shall consider the accreditation status of
383the core programs. Florida International University, in its
384capacity as the provider of university services to Dade County,
385shall be a partner to serve the New World School of the Arts,
386upon meeting the accreditation criteria. The respective boards
387shall appoint members to an executive board for administration
388of the school. The executive board may include community members
389and shall reflect proportionately the participating
390institutions. Miami Dade Miami-Dade Community College shall
391serve as fiscal agent for the school.
392     Section 9.  Subsection (2) of section 1004.76, Florida
393Statutes, is amended to read:
394     1004.76  Florida Martin Luther King, Jr., Institute for
395Nonviolence.--
396     (2)  There is hereby created the Florida Martin Luther
397King, Jr., Institute for Nonviolence to be established at Miami
398Dade Miami-Dade Community College. The institute shall have an
399advisory board consisting of 13 members as follows: the Attorney
400General, the Commissioner of Education, and 11 members to be
401appointed by the Governor, such members to represent the
402population of the state based on its ethnic, gender, and
403socioeconomic diversity. Of the members appointed by the
404Governor, one shall be a member of the Senate appointed by the
405Governor on the recommendation of the President of the Senate;
406one shall be a member of the Senate appointed by the Governor on
407the recommendation of the minority leader; one shall be a member
408of the House of Representatives appointed by the Governor on the
409recommendation of the Speaker of the House of Representatives;
410one shall be a member of the House of Representatives appointed
411by the Governor on the recommendation of the minority leader;
412and seven shall be members appointed by the Governor, no more
413than three of whom shall be members of the same political party.
414The following groups shall be represented by the seven members:
415the Florida Sheriffs Association; the Florida Association of
416Counties; the Florida League of Cities; state universities human
417services agencies; community relations or human relations
418councils; and youth. A chairperson shall be elected by the
419members and shall serve for a term of 3 years. Members of the
420board shall serve the following terms of office which shall be
421staggered:
422     (a)  A member of the Legislature appointed to the board
423shall serve for a single term not to exceed 5 years and shall
424serve as a member only while he or she is a member of the
425Legislature.
426     (b)  Of the seven members who are not members of the
427Legislature, three shall serve for terms of 4 years, two shall
428serve for terms of 3 years, and one shall serve for a term of 1
429year. Thereafter, each member, except for a member appointed to
430fill an unexpired term, shall serve for a 5-year term. No member
431shall serve on the board for more than 10 years.
432
433In the event of a vacancy occurring in the office of a member of
434the board by death, resignation, or otherwise, the Governor
435shall appoint a successor to serve for the balance of the
436unexpired term.
437     Section 10.  This act shall take effect July 1, 2005.


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