HB 0167CS

CHAMBER ACTION



1The Community Colleges & Workforce Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the awarding of baccalaureate degrees
8by community colleges; amending s. 1001.64, F.S.;
9providing that community colleges that grant baccalaureate
10degrees remain under the authority of the State Board of
11Education with respect to specified responsibilities;
12providing that the board of trustees is the governing
13board for purposes of granting baccalaureate degrees;
14providing powers of the boards of trustees, including the
15power to establish tuition and out-of-state fees;
16providing restrictions; requiring such boards to adopt a
17policy requiring teachers who teach certain upper-division
18courses to teach a specified minimum number of hours;
19amending s. 1004.65, F.S.; requiring community colleges
20that offer baccalaureate degrees to maintain their primary
21purpose and prohibiting such community colleges from
22terminating associate degree programs; amending s.
231007.33, F.S.; requiring that an agreement for the
24delivery of specified baccalaureate degree programs by a
25regionally accredited college or university at a community
26college site include certain provisions; requiring that
27the curriculum for a degree be developed and approved
28within a specified time; requiring notification of
29colleges and universities in the district of intent to
30offer the degree; allowing colleges and universities to
31propose an alternative plan for providing the degree;
32amending s. 1009.23, F.S.; providing guidelines and
33restrictions for setting tuition and out-of-state fees for
34upper-division courses; requiring the State Board of
35Education to adopt a resident fee schedule for
36baccalaureate degree programs offered by community
37colleges; amending s. 1011.83, F.S.; providing
38requirements for funding nonrecurring and recurring costs
39associated with such programs; limiting per-student
40funding to a specified percentage of costs associated with
41baccalaureate degree programs offered in state
42universities; requiring community colleges to maintain a
43distinction in reporting and funding between certain
44baccalaureate degree programs; amending s. 1013.60, F.S.;
45allowing community college boards of trustees to request
46funding for all authorized programs; requiring that
47enrollment in baccalaureate degree programs be computed
48into the survey of need for facilities; providing an
49effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Subsections (1), (2), and (8) of section
541001.64, Florida Statutes, are amended to read:
55     1001.64  Community college boards of trustees; powers and
56duties.--
57     (1)  The boards of trustees shall be responsible for
58cost-effective policy decisions appropriate to the community
59college's mission, the implementation and maintenance of
60high-quality education programs within law and rules of the
61State Board of Education, the measurement of performance, the
62reporting of information, and the provision of input regarding
63state policy, budgeting, and education standards. Community
64colleges may grant baccalaureate degrees pursuant to s. 1007.33
65and shall remain under the authority of the State Board of
66Education with respect to planning, coordination, oversight, and
67budgetary and accountability responsibilities.
68     (2)  Each board of trustees is vested with the
69responsibility to govern its respective community college and
70with such necessary authority as is needed for the proper
71operation and improvement thereof in accordance with rules of
72the State Board of Education. This authority includes serving as
73the governing board for purposes of granting baccalaureate
74degrees as authorized in s. 1007.33 and approved by the State
75Board of Education.
76     (8)  Each board of trustees has authority for policies
77related to students, enrollment of students, student records,
78student activities, financial assistance, and other student
79services.
80     (a)  Each board of trustees shall govern admission of
81students pursuant to s. 1007.263 and rules of the State Board of
82Education. A board of trustees may establish additional
83admissions criteria, which shall be included in the district
84interinstitutional articulation agreement developed according to
85s. 1007.235, to ensure student readiness for postsecondary
86instruction. Each board of trustees may consider the past
87actions of any person applying for admission or enrollment and
88may deny admission or enrollment to an applicant because of
89misconduct if determined to be in the best interest of the
90community college.
91     (b)  Each board of trustees shall adopt rules establishing
92student performance standards for the award of degrees and
93certificates pursuant to s. 1004.68. The board of trustees of a
94community college that is authorized to grant a baccalaureate
95degree under s. 1007.33 may continue to award degrees, diplomas,
96and certificates as authorized for the college, and in the name
97of the college, until the college receives any necessary changes
98to its accreditation.
99     (c)  Each board of trustees shall establish tuition and
100out-of-state fees for approved baccalaureate degree programs,
101consistent with law and proviso language in the General
102Appropriations Act. However, a board of trustees may not
103increase tuition and out-of-state fees as provided in s.
1041009.23(4).
105     (d)(c)  Boards of trustees are authorized to establish
106intrainstitutional and interinstitutional programs to maximize
107articulation pursuant to s. 1007.22.
108     (e)(d)  Boards of trustees shall identify their core
109curricula, which shall include courses required by the State
110Board of Education, pursuant to the provisions of s. 1007.25(6).
111     (f)(e)  Each board of trustees must adopt a written
112antihazing policy, provide a program for the enforcement of such
113rules, and adopt appropriate penalties for violations of such
114rules pursuant to the provisions of s. 1006.63(1)-(3).
115     (g)(f)  Each board of trustees may establish a uniform code
116of conduct and appropriate penalties for violation of its rules
117by students and student organizations, including rules governing
118student academic honesty. Such penalties, unless otherwise
119provided by law, may include fines, the withholding of diplomas
120or transcripts pending compliance with rules or payment of
121fines, and the imposition of probation, suspension, or
122dismissal.
123     (h)(g)  Each board of trustees pursuant to s. 1006.53 shall
124adopt a policy in accordance with rules of the State Board of
125Education that reasonably accommodates the religious observance,
126practice, and belief of individual students in regard to
127admissions, class attendance, and the scheduling of examinations
128and work assignments.
129     (i)  Each board of trustees shall adopt a policy providing
130that faculty who teach upper-division courses that are a
131component part of a baccalaureate degree program must meet the
132requirements of s. 1012.82.
133     Section 2.  Paragraph (a) of subsection (7) and subsection
134(9) of section 1004.65, Florida Statutes, are amended to read:
135     1004.65  Community colleges; definition, mission, and
136responsibilities.--
137     (7)  A separate and secondary role for community colleges
138includes:
139     (a)  Providing upper level instruction and awarding
140baccalaureate degrees as specifically authorized by law. A
141community college that is approved to offer baccalaureate degree
142programs shall maintain its primary mission pursuant to
143subsection (6) and may not terminate associate in arts or
144associate in science degree programs as a result of the
145authorization to offer baccalaureate degree programs.
146     (9)  Community colleges are authorized to offer such
147programs and courses as are necessary to fulfill their mission
148and are authorized to grant associate in arts degrees, associate
149in science degrees, associate in applied science degrees,
150certificates, awards, and diplomas. Each community college is
151also authorized to make provisions for the General Educational
152Development test. Each community college may provide access to
153and award baccalaureate degrees in accordance with law.
154     Section 3.  Subsection (4) of section 1007.33, Florida
155Statutes, is renumbered as subsection (6) and new subsections
156(4) and (5) are added to said section to read:
157     1007.33  Site-determined baccalaureate degree access.--
158     (4)  A formal agreement for the delivery of specified
159baccalaureate degree programs by a regionally accredited public
160or private college or university at a community college site
161must include:
162     (a)  A guarantee that students will be able to complete the
163degree in the community college district.
164     (b)  A financial commitment to the development,
165implementation, and maintenance of the specified degree program
166on behalf of the college or university which includes timelines.
167     (c)  A plan for collaboration in the development and
168offering of the curriculum for the specified degree by faculty
169at both the community college and the college or university. The
170curriculum for the specified degree must be developed and
171approved within 6 months after the agreement between the
172community college and the college or university is signed.
173     (5)  A community college proposal to deliver a specified
174baccalaureate degree program must document that the community
175college has notified in writing the accredited public and
176private colleges and universities in the community college's
177district of its intent to seek approval for delivery of the
178proposed program. The notified colleges and universities have 90
179days to submit in writing to the community college an
180alternative plan for providing the specified degree program.
181     Section 4.  Subsections (1), (2), and (3) of section
1821009.23, Florida Statutes, are amended to read:
183     1009.23  Community college student fees.--
184     (1)  Unless otherwise provided, the provisions of this
185section applies apply only to fees charged for college credit
186instruction leading to an associate in arts degree, an associate
187in applied science degree, or an associate in science degree, or
188a baccalaureate degree authorized by the State Board of
189Education pursuant to s. 1007.33 and for noncollege credit
190college-preparatory courses defined in s. 1004.02.
191     (2)(a)  All students shall be charged fees except students
192who are exempt from fees or students whose fees are waived.
193     (b)  Tuition and out-of-state fees for upper-division
194courses must reflect the fact that the community college has a
195less expensive cost structure than that of a state university.
196Therefore, the board of trustees shall establish tuition and
197out-of-state fees for upper-division courses consistent with law
198and proviso language in the General Appropriations Act. However,
199the board of trustees may not increase tuition and out-of-state
200fees as provided in subsection (4). Identical fees shall be
201required for all community college resident students within a
202college who take a specific course, regardless of the program in
203which they are enrolled.
204     (3)  The State Board of Education shall adopt by December
20531 of each year a resident fee schedule for the following fall
206for advanced and professional programs, associate in science
207degree programs, baccalaureate degree programs authorized by the
208State Board of Education pursuant to s. 1007.33, and college-
209preparatory programs that produce revenues in the amount of 25
210percent of the full prior year's cost of these programs. Fees
211for courses in college-preparatory programs and associate in
212arts and associate in science degree programs may be established
213at the same level. In the absence of a provision to the contrary
214in an appropriations act, the fee schedule shall take effect and
215the colleges shall expend the funds on instruction. If the
216Legislature provides for an alternative fee schedule in an
217appropriations act, the fee schedule shall take effect the
218subsequent fall semester.
219     Section 5.  Section 1011.83, Florida Statutes, is amended
220to read:
221     1011.83  Financial support of community colleges.--
222     (1)  Each community college that has been approved by the
223Department of Education and meets the requirements of law and
224rules of the State Board of Education shall participate in the
225Community College Program Fund. However, funds to support
226workforce education programs conducted by community colleges
227shall be provided pursuant to s. 1011.80. A community college
228shall fund the nonrecurring costs related to the initiation of a
229new baccalaureate degree program under s. 1007.33 without new
230state appropriations unless special grant funds are designated
231by the State Board of Education, subject to funding by the
232Legislature for this purpose. However, a new baccalaureate
233degree program may not accept students unless there is a
234recurring legislative appropriation for this purpose. A
235community college that is authorized to grant baccalaureate
236degrees under s. 1007.33 must receive recurring operational
237funding:
238     (a)  As a community college for its workforce education
239programs and for its lower-division-level college credit courses
240and programs funded by the Community College Program Fund under
241this section.
242     (b)  As a baccalaureate-degree-level institution for its
243upper-division-level courses and programs. State support for
244these programs may not exceed 85 percent of the amount of state
245support per full-time equivalent student in a comparable state
246university program. Funds appropriated for this purpose may be
247used only for the baccalaureate degree programs.
248     (2)  A community college that grants baccalaureate degrees
249shall maintain reporting and funding distinctions between any
250baccalaureate degree program approved under s. 1007.33 and any
251other baccalaureate degree programs involving traditional
252concurrent-use partnerships.
253     Section 6.  Subsection (2) of section 1013.60, Florida
254Statutes, is amended to read:
255     1013.60  Legislative capital outlay budget request.--
256     (2)  The commissioner shall submit to the Governor and to
257the Legislature an integrated, comprehensive budget request for
258educational facilities construction and fixed capital outlay
259needs for school districts, community colleges, and
260universities, pursuant to the provisions of s. 1013.64 and
261applicable provisions of chapter 216. Each community college
262board of trustees and each university board of trustees shall
263submit to the commissioner a 3-year plan and data required in
264the development of the annual capital outlay budget. Community
265college boards of trustees may request funding for all
266authorized programs, including approved baccalaureate degree
267programs. Notwithstanding s. 1004.73(7) or any other provision
268of law, such a request for funding must be submitted as a part
269of the 3-year priority list for community colleges pursuant to
270s. 1013.64(4)(a). Enrollment in approved baccalaureate degree
271programs must be computed into the survey of need for
272facilities. No Further disbursements may not shall be made from
273the Public Education Capital Outlay and Debt Service Trust Fund
274to a board of trustees that fails to timely submit the required
275data until such board of trustees submits the data.
276     Section 7.  This act shall take effect July 1, 2005.


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