HCB 6005 (for HBs 167, 119, 935, 1613, 1655, 1837, 1853)

1	A bill to be entitled
2	An act relating to enhanced student opportunities;
3	providing a popular name; amending s. 20.15, F.S.;
4	providing for appointment of a Deputy Commissioner of
5	Career Education in the Department of Education; amending
6	s. 446.032, F.S.; providing duties of the department
7	relating to apprenticeship programs and services;
8	repealing s. 446.609, F.S., relating to the Jobs for
9	Florida's Graduates program; amending s. 464.019, F.S.;
10	authorizing the Board of Nursing to change faculty-to-
11	student ratios only under certain circumstances; requiring
12	a study to evaluate rules regarding clinical instruction;
13	providing for assistance to approved nursing programs to
14	expand capacity; amending s. 464.0195, F.S.; requiring the
15	Florida Center for Nursing to develop and maintain an
16	information system; requiring an implementation plan;
17	amending s. 1001.02, F.S.; revising State Board of
18	Education duties with respect to developing a
19	postsecondary enrollment plan; requiring State Board of
20	Education rules that address baccalaureate degree programs
21	at community colleges; amending s. 1001.20, F.S.; creating
22	the Office of Career Education in the Department of
23	Education and providing responsibilities of the office;
24	amending s. 1001.64, F.S.; providing that community
25	colleges that grant baccalaureate degrees remain under the
26	authority of the State Board of Education with respect to
27	specified responsibilities; providing that the board of
28	trustees is the governing board for purposes of granting
29	baccalaureate degrees; providing powers of the boards of
30	trustees, including the power to establish tuition and
31	out-of-state fees; providing restrictions; requiring such
32	boards to adopt a policy requiring teachers who teach
33	certain upper-division courses to teach a specified
34	minimum number of hours; amending s. 1002.23, F.S.;
35	requiring guidelines for parents relating to the
36	availability of the online student advising and guidance
37	system and additional educational opportunities; amending
38	s. 1003.492, F.S., relating to industry-certified career
39	education programs; deleting obsolete provisions relating
40	to studies; amending and renumbering s. 1004.85, F.S.;
41	providing additional purposes for creation of educator
42	preparation institutes; creating s. 1004.226, F.S.;
43	defining the term "center of excellence"; providing
44	purposes and objectives of centers of excellence;
45	providing for proposals for establishing or expanding
46	centers of excellence; requiring the State Board of
47	Education to develop a plan recommending the establishment
48	or expansion of centers of excellence; requiring
49	reporting; amending s. 1004.65, F.S.; including community
50	colleges approved to offer baccalaureate degree programs
51	under authority to operate; requiring such community
52	colleges to maintain their primary mission and prohibiting
53	them from terminating associate degree programs;
54	prohibiting a community college from offering graduate
55	programs; amending s. 1004.68, F.S.; authorizing the
56	continued awarding of degrees, diplomas, and certificates
57	by community colleges approved to offer baccalaureate
58	degree programs; creating s. 1006.01, F.S.; requiring the
59	department to provide a secondary and postsecondary
60	academic and career education online student advising and
61	guidance system; providing requirements for such system;
62	amending s. 1006.02, F.S.; requiring documentation that
63	students have utilized the online student advising and
64	guidance system; amending s. 1006.025, F.S.; requiring
65	such documentation in guidance reports; amending s.
66	1007.2615, F.S.; revising provisions relating to
67	certification of American Sign Language teachers; amending
68	s. 1007.33, F.S.; revising requirements for a proposal by
69	a community college to deliver a baccalaureate degree
70	program; requiring the State Board of Education to make
71	proposals available for review and comment by other
72	postsecondary educational institutions and authorizing
73	alternative proposals; eliminating requirement for review
74	and comment by the Council for Education Policy Research
75	and Improvement; authorizing the State Board of Education
76	to approve, deny, or require revisions to proposals;
77	requiring periodic evaluation of approved programs;
78	authorizing termination of funding for certain approved
79	programs; requiring rulemaking; amending s. 1009.21, F.S.;
80	revising provisions relating to determination of resident
81	status for tuition purposes; providing for such
82	determination for purpose of assessing tuition for
83	instruction in workforce education programs offered by
84	school districts; revising definitions and updating
85	terminology; revising requirements for qualification as a
86	resident; providing duties of institutions of higher
87	education and school districts; providing for
88	reclassification under certain circumstances; classifying
89	as residents certain employees of international
90	organizations; providing eligibility criteria for certain
91	students who are not permanent residents of the United
92	States for exemption from payment of nonresident tuition;
93	limiting enrollment and requiring the department to
94	administer the exemption program; amending s. 1009.23,
95	F.S.; providing guidelines and restrictions for setting
96	community college tuition and out-of-state fees for upper-
97	division courses; requiring the State Board of Education
98	to adopt a resident fee schedule for baccalaureate degree
99	programs offered by community colleges; revising
100	provisions relating to the fee for capital improvements,
101	technology enhancements, or equipping student buildings
102	and the use thereof; providing requirements for the
103	issuance and validation of bonds; revising provisions
104	relating to the allocation for child care centers;
105	amending s. 1009.24, F.S.; providing responsibilities of
106	the Legislature and state university boards of trustees to
107	establish tuition and fees; providing restrictions;
108	creating s. 1009.286, F.S.; requiring students to pay 75
109	percent over the in-state tuition rate for certain excess
110	credit hours; restricting certain credit hours for purpose
111	of calculation; providing for notice of requirements;
112	amending s. 1009.40, F.S.; providing general requirements
113	for student eligibility for tuition assistance grants;
114	providing that certain students are ineligible to receive
115	more than one state-funded tuition assistance grant;
116	amending s. 1009.66, F.S.; renaming the Nursing Student
117	Loan Forgiveness Program and transferring administration
118	of the program to the Department of Education; revising
119	criteria for receiving funds under the program and for
120	repayment of loans; requiring that certain nurses employed
121	as faculty in an approved nursing program be given
122	priority in receiving funds under the program; renaming
123	the Nursing Student Loan Forgiveness Trust Fund and
124	transferring administration of the trust fund to the
125	Department of Education; authorizing the adoption of
126	rules; amending s. 1009.67, F.S.; renaming the Nursing
127	Scholarship Program and transferring administration of the
128	program to the Department of Education; revising criteria
129	for receiving funds under the program; revising repayment
130	provisions; requiring the adoption of rules; creating s.
131	1009.895, F.S.; creating the Florida Independent
132	Collegiate Assistance Grant Program; providing for program
133	administration; authorizing tuition assistance grants to
134	certain postsecondary education students enrolling in
135	undergraduate degree programs for specified occupations;
136	providing institution eligibility requirements; amending
137	s. 1009.971, F.S.; providing that the Florida Prepaid
138	College Board shall have the power to provide for the
139	transfer of ownership of an advance payment contract under
140	the Florida Prepaid College Program or a participation
141	agreement under the Florida College Savings Program upon
142	inheritance, devise, or bequest; providing procedures and
143	requirements with respect to such transfer of ownership;
144	providing for specification of application contents by
145	rule; providing applicability; amending ss. 1009.972,
146	1009.98, and 1009.981, F.S.; authorizing the transfer of
147	funds retained from terminated advance payment contracts,
148	canceled contracts, and terminated participation
149	agreements to the direct-support organization established
150	under pt. IV of ch. 1009, F.S., for use by the Florida
151	Prepaid Tuition Scholarship Program and for children of
152	specified members of the armed forces of the United States
153	who die while participating in the combat theater of
154	operations for Operation Iraqi Freedom or Operation
155	Enduring Freedom; deleting the requirement that an
156	independent college or university be a not-for-profit
157	institution to be eligible for transfer of benefits;
158	providing a restriction on transfer of benefits; amending
159	s. 1011.83, F.S.; providing for funding of approved
160	baccalaureate programs at community colleges; providing
161	for use of funds and reporting requirements; creating pt.
162	VI of ch. 1011, F.S.; establishing the SUCCEED, FLORIDA!
163	Crucial Professionals Program; providing for the
164	appropriation of funds to the Department of Education to
165	be distributed on a competitive basis to postsecondary
166	educational institutions to offer programs that meet
167	critical workforce needs; providing for a request for
168	proposals and requirements of such proposals; requiring
169	establishment annually by the Legislature of a priority
170	list; providing for funding of proposals; providing
171	requirements for grant recipients and renewal grants;
172	establishing the SUCCEED, FLORIDA! Crucial Professionals
173	Nursing Education Grant Program, a contract grant program
174	for increasing the capacity of approved nursing programs;
175	requiring the Department of Education to establish
176	guidelines and procedures; specifying requirements for
177	grant proposals; establishing priorities for receipt of
178	grants; providing for review, approval, and funding of
179	proposals; requiring the State Board of Education to
180	submit a report on implementation status; establishing the
181	SUCCEED, FLORIDA! Career Paths Program to provide career
182	and professional academy startup grants; providing
183	qualification criteria; amending s. 1012.82, F.S.;
184	revising provisions relating to minimum contact hours for
185	community college faculty who teach upper-division
186	courses; amending s. 1013.60, F.S.; allowing community
187	college boards of trustees to request funding for all
188	authorized programs and specifying requirements; requiring
189	that enrollment in baccalaureate degree programs be
190	computed into the survey of need for facilities; creating
191	ch. 1014, F.S., relating to career education; defining the
192	term "career education"; providing elements of the
193	rigorous career education system; providing guiding
194	principles for career education; establishing the position
195	of Deputy Commissioner of Career Education to direct the
196	Office of Career Education in the Department of Education
197	and specifying qualifications for the deputy commissioner;
198	specifying responsibilities and duties; providing
199	legislative expectations and funding criteria for the
200	career education system; defining the term "career and
201	professional academy"; providing elements and duties of a
202	career and professional academy and for certification
203	thereof; requiring adoption of rules; amending s. 215.20,
204	F.S.; conforming provisions relating to a trust fund;
205	creating a program to offer discounted computers and
206	Internet access to public school students in grades 5
207	through 12; requiring the department to negotiate terms
208	with computer manufacturers and broadband Internet access
209	providers; requiring the adoption of rules; requiring the
210	Digital Divide Council to implement a pilot project to
211	assist low-income students with purchasing discounted
212	computers and Internet access services; providing for
213	funding and authorizing the council to accept grants to
214	implement the pilot project; requiring the Office of
215	Program Policy Analysis and Government Accountability to
216	study implementation of career and professional academies
217	and make recommendations; requiring a study and report by
218	the Office of Program Policy Analysis and Government
219	Accountability relating to student progression in state
220	universities; requiring the department to identify
221	specified examinations for earning postsecondary credit
222	for mastery of nursing course material; requiring a status
223	report; authorizing the position of Deputy Commissioner of
224	Career Education and providing an appropriation; requiring
225	the transfer of positions and funds for the creation of
226	the Office of Career Education; providing for a type two
227	transfer with respect to nursing loan programs; requiring
228	the convening of a workgroup to make recommendations
229	regarding bachelor of applied science degree programs;
230	requiring a report; approving a transfer of an endowment
231	from the Appleton Cultural Center, Inc., to the Central
232	Florida Community College Foundation; providing
233	restrictions on the management of the endowment; releasing
234	the foundation from a trust agreement and statutory
235	requirements; providing an effective date.
236
237	Be It Enacted by the Legislature of the State of Florida:
238
239	Section 1.  This act may be cited as the "SUCCEED, FLORIDA!
240	Initiative."
241	Section 2.  Subsections (3), (4), (5), (6), and (7) of
242	section 20.15, Florida Statutes, are renumbered as subsections
243	(4), (5), (6), (7), and (8), respectively, and a new subsection
244	(3) is added to said section to read:
245	20.15  Department of Education.--There is created a
246	Department of Education.
247	(3)  DEPUTY COMMISSIONER OF CAREER EDUCATION.--The
248	Commissioner of Education shall appoint a Deputy Commissioner of
249	Career Education pursuant to s. 1014.15 to direct the Office of
250	Career Education established in s. 1001.20(4).
251	Section 3.  Subsection (2) of section 446.032, Florida
252	Statutes, is renumbered as subsection (3) and a new subsection
253	(2) is added to said section to read:
254	446.032  General duties of the department for
255	apprenticeship training.--The department shall:
256	(2)(a)  Encourage partnerships with registered
257	apprenticeship programs as a means to address the community's
258	labor market training needs.
259	(b)  Require contracts between local educational agencies
260	and apprenticeship sponsors to delineate:
261	1.  The scope of services, including, but not limited to,
262	each party's specific obligations regarding the provision of
263	equipment, materials, instructors, classroom space, facilities,
264	labs, or money.
265	2.  Service level agreements, including appropriate
266	performance measures.
267	3.  A detailed description of the direct cost for each
268	service to be delivered pursuant to the scope of services.
269
270	This paragraph shall not be interpreted to require that any
271	services or materials must be provided by an apprenticeship
272	sponsor if not required in a contract or that payments must be
273	made by a local educational agency to an apprenticeship sponsor
274	for any services or materials other than those required to be
275	delivered pursuant to a contract.
276	Section 4.  Section 446.609, Florida Statutes, is repealed.
277	Section 5.  Subsection (2) of section 464.019, Florida
278	Statutes, is amended, and subsection (8) is added to said
279	section, to read:
280	464.019  Approval of nursing programs.--
281	(2)(a)  The board shall adopt rules, applicable to initial
282	review and conditional approval of a program, regarding
283	educational objectives, faculty qualifications, curriculum
284	guidelines, administrative procedures, and clinical training. An
285	applicant institution shall comply with such rules in order to
286	obtain conditional program approval. No program shall be
287	considered fully approved, nor shall any program be exempted
288	from such rules, prior to the graduation of the program's first
289	class.
290	(b)  The board shall adopt rules regarding educational
291	objectives and curriculum guidelines as are necessary to grant
292	full approval to a program and to ensure that fully approved
293	programs graduate nurses capable of competent practice under
294	this part. Rules regarding educational objectives shall consider
295	student attrition rate standards, availability of qualified
296	faculty, and appropriate clinical training facilities. However,
297	the board shall adopt no rule that prohibits a qualified
298	institution from placing a student in a facility for clinical
299	experience, regardless of whether more than one nursing program
300	is using the same facility for clinical experience.
301	(c)  The board shall adopt rules governing probation,
302	suspension, and termination status of programs that fail to
303	comply with the standards of this part.
304	(d)  The board shall not adopt any rule limiting the number
305	of students admitted to a nursing program, provided appropriate
306	faculty-to-student ratios are maintained, and provided the board
307	shall not enact any changes to faculty-to-student ratios that
308	have the effect of limiting capacity in approved nursing
309	programs unless such changes are based in scientific research
310	prior to 2004.
311	(e)  The board, in conjunction with the Florida Center for
312	Nursing, shall conduct a study of research literature to
313	evaluate existing rules regarding clinical instruction,
314	including an assessment of expanding the use of qualified
315	registered nurses as supervisors and simulation as effective
316	ways to maximize the opportunities for clinical experiences.
317	(8)  The board shall work with the Department of Health,
318	the Department of Education, and the Florida Center for Nursing
319	to assist any approved nursing program with increasing capacity
320	to produce more nurses to enter the workforce in the state. Such
321	assistance may include, but is not limited to:
322	(a)  Identifying strategies for reducing the demands of
323	nonclinical requirements on nursing faculty, including
324	consolidating core requirements across nursing majors and tracks
325	and identifying courses that are taught in other health and
326	medical fields that could be jointly offered, taught by non-
327	nurse faculty, or substituted for nursing courses.
328	(b)  Developing alternative models of clinical education
329	that reduce the burden on nursing faculty, including expanding
330	the use of preceptors, providing more clinical instruction as a
331	concentrated clinical experience later in the program, and
332	increasing the use of simulators.
333	Section 6.  Subsections (4) and (5) are added to section
334	464.0195, Florida Statutes, to read:
335	464.0195  Florida Center for Nursing; goals; information
336	system.--
337	(4)  The Florida Center for Nursing, in collaboration with
338	the Department of Health, the Agency for Health Care
339	Administration, the Agency for Workforce Innovation, and the
340	Department of Education, and in consultation with the Office of
341	Program Policy Analysis and Government Accountability, shall
342	develop and maintain an information system to assess the
343	workforce needs of the nursing profession in the state. The
344	information system shall be designed to enable the center to
345	produce reliable, comparable, and comprehensive data on the
346	nursing workforce in the state; identify potential nursing
347	shortages and the areas in which they may occur; assess the
348	productivity of approved nursing programs, especially in
349	responding to identified workforce needs; and establish a
350	registry to link approved nursing programs that need additional
351	clinical sites or faculty to expand their capacity with licensed
352	health care providers that may be able to assist in meeting such
353	needs. Data to support the information system may be collected
354	as part of the initial and renewal licensure process for both
355	individuals and health care facilities and as part of the Board
356	of Nursing program approval process. No later than November 1,
357	2005, the Florida Center for Nursing shall submit to the
358	President of the Senate and the Speaker of the House of
359	Representatives an implementation plan for the information
360	system, including projected cost and recommended rule changes
361	that may be required to collect the information necessary for
362	the system to be successful.
363	(5)  The information system required by subsection (4)
364	shall be implemented to the extent funded in the General
365	Appropriations Act.
366	Section 7.  Paragraph (v) of subsection (2) of section
367	1001.02, Florida Statutes, is amended, and paragraph (i) is
368	added to subsection (7) of said section, to read:
369	1001.02  General powers of State Board of Education.--
370	(2)  The State Board of Education has the following duties:
371	(v)  To develop, with input from the Board of Governors and
372	the independent postsecondary educational institutions in the
373	state and periodically review for adjustment, a coordinated 5-
374	year plan for postsecondary enrollment and annually submit the
375	plan to the Legislature. The plan shall indicate the capacity of
376	each sector, including state universities, community colleges,
377	postsecondary career centers, and independent postsecondary
378	educational institutions, to respond to the planned enrollment
379	and estimate the costs to the state of expanding capacity if
380	necessary to accommodate the enrollment plan. The plan shall be
381	periodically reviewed for adjustment and submitted to the
382	Governor, the President of the Senate, and the Speaker of the
383	House of Representatives no later than December 1 of each year.
384	(7)  The State Board of Education shall:
385	(i)  Adopt by rule policies that address the baccalaureate
386	degree programs at community colleges approved pursuant to s.
387	1007.33, including, but not limited to, reporting policies and
388	performance accountability requirements for both upper-division
389	and lower-division programs.
390	Section 8.  Paragraph (f) is added to subsection (4) of
391	section 1001.20, Florida Statutes, to read:
392	1001.20  Department under direction of state board.--
393	(4)  The Department of Education shall establish the
394	following offices within the Office of the Commissioner of
395	Education which shall coordinate their activities with all other
396	divisions and offices:
397	(f)  Office of Career Education.--Responsible for
398	evaluating the effectiveness of public and private secondary and
399	postsecondary education programs in providing rigorous career
400	education; developing in partnership with the business community
401	and Workforce Florida, Inc., a marketing plan for secondary and
402	postsecondary career education, including career and
403	professional academies, to attract secondary and postsecondary
404	students into careers of critical state need; promoting seamless
405	articulation throughout the career education system; and
406	administering the SUCCEED, FLORIDA! Career Paths Program
407	pursuant to s. 1011.97.
408	Section 9.  Subsections (1), (2), and (8) of section
409	1001.64, Florida Statutes, are amended to read:
410	1001.64  Community college boards of trustees; powers and
411	duties.--
412	(1)  The boards of trustees shall be responsible for
413	cost-effective policy decisions appropriate to the community
414	college's mission, the implementation and maintenance of
415	high-quality education programs within law and rules of the
416	State Board of Education, the measurement of performance, the
417	reporting of information, and the provision of input regarding
418	state policy, budgeting, and education standards. Community
419	colleges may grant baccalaureate degrees pursuant to s. 1007.33
420	and shall remain under the authority of the State Board of
421	Education in accordance with current statutory provisions
422	relating to community colleges as defined in s. 1000.21.
423	(2)  Each board of trustees is vested with the
424	responsibility to govern its respective community college and
425	with such necessary authority as is needed for the proper
426	operation and improvement thereof in accordance with rules of
427	the State Board of Education. This authority includes serving as
428	the governing board for purposes of granting baccalaureate
429	degrees as authorized in s. 1007.33 and approved by the State
430	Board of Education.
431	(8)  Each board of trustees has authority for policies
432	related to students, enrollment of students, student records,
433	student activities, financial assistance, and other student
434	services.
435	(a)  Each board of trustees shall govern admission of
436	students pursuant to s. 1007.263 and rules of the State Board of
437	Education. A board of trustees may establish additional
438	admissions criteria, which shall be included in the district
439	interinstitutional articulation agreement developed according to
440	s. 1007.235, to ensure student readiness for postsecondary
441	instruction. Each board of trustees may consider the past
442	actions of any person applying for admission or enrollment and
443	may deny admission or enrollment to an applicant because of
444	misconduct if determined to be in the best interest of the
445	community college.
446	(b)  Each board of trustees shall adopt rules establishing
447	student performance standards for the award of degrees and
448	certificates pursuant to s. 1004.68. The board of trustees of a
449	community college that is authorized to grant a baccalaureate
450	degree under s. 1007.33 may continue to award degrees, diplomas,
451	and certificates as authorized for the college, and in the name
452	of the college, until the college receives any necessary changes
453	to its accreditation.
454	(c)  Each board of trustees shall establish tuition and
455	out-of-state fees for approved baccalaureate degree programs,
456	consistent with law and proviso language in the General
457	Appropriations Act.
458	(d)(c)  Boards of trustees are authorized to establish
459	intrainstitutional and interinstitutional programs to maximize
460	articulation pursuant to s. 1007.22.
461	(e)(d)  Boards of trustees shall identify their core
462	curricula, which shall include courses required by the State
463	Board of Education, pursuant to the provisions of s. 1007.25(6).
464	(f)(e)  Each board of trustees must adopt a written
465	antihazing policy, provide a program for the enforcement of such
466	rules, and adopt appropriate penalties for violations of such
467	rules pursuant to the provisions of s. 1006.63(1)-(3).
468	(g)(f)  Each board of trustees may establish a uniform code
469	of conduct and appropriate penalties for violation of its rules
470	by students and student organizations, including rules governing
471	student academic honesty. Such penalties, unless otherwise
472	provided by law, may include fines, the withholding of diplomas
473	or transcripts pending compliance with rules or payment of
474	fines, and the imposition of probation, suspension, or
475	dismissal.
476	(h)(g)  Each board of trustees pursuant to s. 1006.53 shall
477	adopt a policy in accordance with rules of the State Board of
478	Education that reasonably accommodates the religious observance,
479	practice, and belief of individual students in regard to
480	admissions, class attendance, and the scheduling of examinations
481	and work assignments.
482	(i)  Each board of trustees shall adopt a policy providing
483	that faculty who teach upper-division courses that are a
484	component part of a baccalaureate degree program must meet the
485	requirements of s. 1012.82.
486	Section 10.  Paragraphs (a) and (d) of subsection (2) of
487	section 1002.23, Florida Statutes, are amended to read:
488	1002.23  Family and School Partnership for Student
489	Achievement Act.--
490	(2)  To facilitate meaningful parent and family
491	involvement, the Department of Education shall develop
492	guidelines for a parent guide to successful student achievement
493	which describes what parents need to know about their child's
494	educational progress and how they can help their child to
495	succeed in school. The guidelines shall include, but need not be
496	limited to:
497	(a)  Parental information regarding:
498	1.  Requirements for their child to be promoted to the next
499	grade, as provided for in s. 1008.25;
500	2.  Progress of their child toward achieving state and
501	district expectations for academic proficiency;
502	3.  Assessment results, including report cards and progress
503	reports; and
504	4.  Qualifications of their child's teachers; and
505	5.  Availability of the secondary and postsecondary
506	academic and career education online student advising and
507	guidance system described in s. 1006.01;
508	(d)  Opportunities for parents to learn about rigorous
509	academic programs that may be available for their child, such as
510	honors programs, dual enrollment, advanced placement,
511	International Baccalaureate, Florida Virtual High School
512	courses, career and professional academies, and accelerated
513	access to postsecondary education;
514	Section 11.  Section 1003.492, Florida Statutes, is amended
515	to read:
516	1003.492  Industry-certified career education programs.--
517	(1)  A career education program within a comprehensive high
518	school program of study shall be coordinated with the
519	appropriate industry indicating that all components of the
520	program are relevant and appropriate to prepare the student for
521	further education or for employment in that industry.
522	(2)  The State Board of Education shall adopt rules
523	pursuant to ss. 120.536(1) and 120.54 for implementing an
524	industry certification process, which rules must establish any
525	necessary procedures for obtaining appropriate business partners
526	and requirements for business and industry involvement in
527	curriculum oversight and equipment procurement.
528	(3)  The Department of Education shall study student
529	performance in industry-certified career education programs. The
530	department shall identify districts that currently operate
531	industry-certified career education programs. The study shall
532	examine the performance of participating students over time.
533	Performance factors shall include, but not be limited to,
534	graduation rates, retention rates, additional educational
535	attainment, employment records, earnings, and industry
536	satisfaction. The results of this study shall be submitted to
537	the President of the Senate and the Speaker of the House of
538	Representatives by December 31, 2004.
539	(4)  The Department of Education shall conduct a study to
540	determine if a cost factor should be applied to industry-
541	certified career education programs and review the need for
542	startup funding for the programs. The study shall be completed
543	by December 31, 2004, and shall be submitted to the President of
544	the Senate and the Speaker of the House of Representatives.
545	Section 12.  Section 1004.85, Florida Statutes, is
546	renumbered as section 1004.045, Florida Statutes, and paragraphs
547	(e), (f), and (g) are added to subsection (2) of said section to
548	read:
549	1004.045 1004.85  Postsecondary educator preparation
550	institutes.--
551	(2)  Postsecondary institutions that are accredited or
552	approved as described in state board rule may seek approval from
553	the Department of Education to create educator preparation
554	institutes for the purpose of providing any or all of the
555	following:
556	(e)  Instruction to assist associate degree holders who
557	have business experience in demonstrating teaching competencies
558	for career education courses in the specific area relating to
559	their business experience.
560	(f)  Professional development instruction to assist career
561	education teachers in delivering a career education curriculum
562	in a relevant context with student-centered, research-based
563	instructional strategies and a rigorous standards-based academic
564	curriculum.
565	(g)  Professional development instruction to assist
566	guidance counselors in using a mentor-teacher guidance model.
567	Section 13.  Section 1004.226, Florida Statutes, is created
568	to read:
569	1004.226  Florida technology development; centers of
570	excellence.--
571	(1)  The term "center of excellence," as used in this
572	section, means an organization of personnel, facilities, and
573	equipment established at or in collaboration with one or more
574	universities in Florida to accomplish the purposes and
575	objectives set forth in this section. The purposes and
576	objectives of a center of excellence include:
577	(a)  Identifying and pursuing opportunities for university
578	scholars, research center scientists and engineers, and private
579	businesses to form collaborative partnerships to foster and
580	promote the research required to develop commercially promising,
581	advanced, and innovative technologies and to transfer those
582	technologies to commercial sectors.
583	(b)  Acquiring and leveraging public and private sector
584	funding to provide the totality of funds, personnel, facilities,
585	equipment, and other resources needed to support the research
586	required to develop commercially promising, advanced, and
587	innovative technologies and to transfer those technologies to
588	commercial sectors.
589	(c)  Recruiting and retaining world class scholars, high-
590	performing students, and leading scientists and engineers in
591	technology disciplines to engage in research in this state to
592	develop commercially promising, advanced, and innovative
593	technologies.
594	(d)  Enhancing and expanding technology curricula and
595	laboratory resources at universities in this state.
596	(e)  Increasing the number of high-performing students in
597	technology disciplines who graduate from universities in this
598	state and pursue careers in this state.
599	(f)  Stimulating and supporting the inception, growth, and
600	diversification of technology-based businesses and ventures in
601	Florida and increasing employment opportunities for the
602	workforce needed to support such businesses.
603	(2)  The State Board of Education shall notify the
604	president of each university in the state of the opportunity to
605	submit to the state board a written proposal for establishing a
606	center of excellence under this section or expanding a center of
607	excellence designated under former s. 1004.225. A proposal from
608	a university must be submitted to the state board before
609	November 1, 2005.
610	(3)(a)  By February 15, 2006, the State Board of Education,
611	in consultation with the Florida Research Consortium, shall
612	develop a plan for establishing or expanding one or more centers
613	of excellence from proposals submitted pursuant to subsection
614	(2) and shall authorize expenditures for implementing the plan.
615	(b)  The plan must include performance and accountability
616	measures that can be used to assess the progress of plan
617	implementation and the success of each center of excellence that
618	receives funding under the plan. By March 1, 2006, the State
619	Board of Education shall provide a copy of the plan to the
620	Governor, the President of the Senate, and the Speaker of the
621	House of Representatives.
622	(4)  Beginning July 1, 2006, the State Board of Education
623	shall report annually to the Governor, the President of the
624	Senate, and the Speaker of the House of Representatives on the
625	progress in implementing the plan developed under subsection (3)
626	and the success of each center of excellence that receives
627	funding under that plan.
628	(5)  This program shall be implemented to the extent funds
629	are provided in the General Appropriations Act.
630	Section 14.  Subsection (1), paragraph (a) of subsection
631	(7), and subsection (9) of section 1004.65, Florida Statutes,
632	are amended, and subsection (10) is added to said section, to
633	read:
634	1004.65  Community colleges; definition, mission, and
635	responsibilities.--
636	(1)  Community colleges shall consist of all public
637	educational institutions identified in s. 1000.21(3). Community
638	colleges, including colleges that have been approved to offer
639	baccalaureate degree programs pursuant to s. 1007.33, shall be
640	operated by community college district boards of trustees under
641	statutory authority and rules of the State Board of Education.
642	Except as otherwise provided in law, all laws and rules that
643	relate to community colleges apply to community colleges
644	authorized to offer baccalaureate degree programs pursuant to s.
645	1007.33.
646	(7)  A separate and secondary role for community colleges
647	includes:
648	(a)  Providing upper level instruction and awarding
649	baccalaureate degrees as specifically authorized by law. A
650	community college that is approved to offer baccalaureate degree
651	programs shall maintain its primary mission pursuant to
652	subsection (6) and may not terminate associate in arts or
653	associate in science degree programs as a result of the
654	authorization to offer baccalaureate degree programs.
655	(9)  Community colleges are authorized to offer such
656	programs and courses as are necessary to fulfill their mission
657	and are authorized to grant associate in arts degrees, associate
658	in science degrees, associate in applied science degrees,
659	certificates, awards, and diplomas. Each community college is
660	also authorized to make provisions for the General Educational
661	Development test. Each community college may provide access to
662	and award baccalaureate degrees in accordance with law.
663	(10)  A community college may not offer graduate programs.
664	Section 15.  Subsection (3) is added to section 1004.68,
665	Florida Statutes, to read:
666	1004.68  Community college; degrees and certificates; tests
667	for certain skills.--
668	(3)  The board of trustees of a community college
669	authorized to grant baccalaureate degrees pursuant to s. 1007.33
670	may continue to award degrees, diplomas, and certificates as
671	authorized for the college, and in the name of the college,
672	until the community college receives any necessary changes to
673	its accreditation.
674	Section 16.  Section 1006.01, Florida Statutes, is created
675	to read:
676	1006.01  Enhanced secondary and postsecondary academic and
677	career education online student advising and guidance
678	system.--The Department of Education shall enhance the student
679	advising system described in s. 1007.28 into a secondary and
680	postsecondary academic and career education online student
681	advising and guidance system. In addition to the requirements of
682	s. 1007.28, the enhanced system must:
683	(1)  Provide access to information from regional workforce
684	boards on local careers and careers that are critical state
685	needs and the secondary and postsecondary career education
686	necessary to enter these careers.
687	(2)  Provide continuous secondary and postsecondary career
688	education guidance beginning in middle school and store student
689	information until completion of the student's education.
690	Section 17.  Subsection (1) of section 1006.02, Florida
691	Statutes, is amended to read:
692	1006.02  Provision of information to students and parents
693	regarding school-to-work transition.--
694	(1)  To facilitate each student's ability to easily and
695	seamlessly combine academic and rigorous career education
696	courses throughout the educational experience, each school
697	district all public K-12 schools shall document as part of its
698	guidance report required pursuant to s. 1006.025 that every
699	middle and high school student has used the secondary and
700	postsecondary academic and career education online student
701	advising and guidance system described in s. 1006.01 as part of
702	the student's career exploration and planning process. The
703	report must include the manner in which they have prepared
704	students to enter the workforce, including information regarding
705	the provision of accurate, timely career and curricular
706	counseling to middle school and high school students. This
707	information shall include a delineation of available career
708	opportunities, educational requirements associated with each
709	career, educational institutions that prepare students to enter
710	each career, and student financial aid available to enable
711	students to pursue any postsecondary instruction required to
712	enter that career. This information shall also delineate school
713	procedures for identifying individual student interests and
714	aptitudes which enable students to make informed decisions about
715	the curriculum that best addresses their individual interests
716	and aptitudes while preparing them to enroll in postsecondary
717	education and enter the workforce. This information shall
718	include recommended high school coursework that prepares
719	students for success in college-level work. The information
720	shall be made known to parents and students annually through
721	inclusion in the school's handbook, manual, or similar documents
722	or other communications regularly provided to parents and
723	students.
724	Section 18.  Paragraph (f) of subsection (2) of section
725	1006.025, Florida Statutes, is amended to read:
726	1006.025  Guidance services.--
727	(2)  The guidance report shall include, but not be limited
728	to, the following:
729	(f)  Actions taken to provide information to students for
730	the school-to-work transition and documentation that every
731	middle and high school student has used the secondary and
732	postsecondary academic and career education online student
733	advising and guidance system described in s. 1006.01 for the
734	student's career exploration and planning process pursuant to s.
735	1006.02.
736	Section 19.  Paragraph (c) of subsection (3) of section
737	1007.2615, Florida Statutes, is amended to read:
738	1007.2615  American Sign Language; findings; foreign-
739	language credits authorized; teacher licensing.--
740	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
741	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
742	FOR POSTSECONDARY EDUCATION PROVIDERS.--
743	(c)  An ASL teacher must be certified by the Department of
744	Education by January 1, 2009 2008, and must obtain current
745	certification through the Florida American Sign Language
746	Teachers' Association (FASLTA) by January 1, 2006. New FASLTA
747	certification may be used by current ASL teachers as an
748	alternative certification track.
749	Section 20.  Section 1007.33, Florida Statutes, is amended
750	to read:
751	1007.33  Site-determined baccalaureate degree access.--
752	(1)  The Legislature recognizes that public and private
753	postsecondary educational institutions play essential roles in
754	improving the quality of life and economic well-being of the
755	state and its residents. The Legislature also recognizes that
756	economic development needs and the educational needs of place-
757	bound, nontraditional students have increased the demand for
758	local access to baccalaureate degree programs. In some, but not
759	all, geographic regions, baccalaureate degree programs are being
760	delivered successfully at the local community college through
761	agreements between the community college and 4-year
762	postsecondary institutions within or outside of the state. It is
763	therefore the intent of the Legislature to further expand access
764	for Florida residents to baccalaureate degree programs and to
765	provide baccalaureate degree programs that meet critical
766	workforce needs through the use of community colleges.
767	(2)  A community college may enter into a formal agreement
768	pursuant to the provisions of s. 1007.22 for the delivery of
769	specified baccalaureate degree programs.
770	(3)  A community college may develop a proposal to deliver
771	specified baccalaureate degree programs in its district to meet
772	local workforce needs or to expand access to postsecondary
773	education for diverse, nontraditional, or geographically bound
774	students. The proposal must be approved by the board of trustees
775	of the community college.
776	(a)  To be eligible to receive state funding to support the
777	proposed program at the baccalaureate level, the proposal must
778	be submitted to the State Board of Education for approval in
779	accordance with timelines and guidelines adopted by the state
780	board and. The community college's proposal must include the
781	following information:
782	1.(a)  Documentation of the demand for the baccalaureate
783	degree program as is identified by the workforce development
784	board, local businesses and industry, local chambers of
785	commerce, and potential students who must be residents of the
786	state.
787	2.(b)  Documentation of the unmet need for graduates of the
788	proposed degree program is substantiated.
789	3.(c)  Documentation that the community college has the
790	facilities and academic resources to deliver the program.
791	4.  Documentation that alternative attempts were made to
792	meet the identified need, such as distance learning and
793	partnerships with other public or private postsecondary
794	educational institutions, or justification for not pursuing such
795	alternatives.
796	5.  A 5-year financial plan that details steps to ensure
797	that the per-credit-hour costs of the program at the end of the
798	5-year period will be less than the costs of similar programs at
799	state universities.
800	(b)  Upon receipt of a proposal submitted pursuant to
801	paragraph (a), the State Board of Education must make the
802	proposal available to other public and private postsecondary
803	educational institutions for 60 days for review and comment,
804	including the opportunity for such institutions to submit
805	alternative proposals to the State Board of Education for
806	meeting the stated need.
807	(c)  The State Board of Education may approve, deny, or
808	require revisions to a proposal submitted by a community college
809	pursuant to paragraph (a) or an alternative proposal submitted
810	pursuant to paragraph (b).
811
812	A The proposal must be submitted to the Council for Education
813	Policy Research and Improvement for review and comment. Upon
814	approval of the State Board of Education for the specific degree
815	program or programs, the community college approved to offer
816	baccalaureate degrees pursuant to this subsection shall pursue
817	regional accreditation by the Commission on Colleges of the
818	Southern Association of Colleges and Schools. Any additional
819	baccalaureate degree program programs the community college
820	wishes to offer must be approved by the State Board of Education
821	pursuant to the process outlined in this subsection in order for
822	the community college to receive state funding for the program
823	at the baccalaureate level.
824	(4)  Any baccalaureate degree program authorized at a
825	community college pursuant to the provisions of this section
826	must be evaluated by the board of trustees of the community
827	college every 5 years to determine the cost-effectiveness of the
828	program, the effectiveness of the program in providing access to
829	baccalaureate degrees for Florida residents and meeting local
830	workforce needs, and the impact of the program on the college's
831	primary mission of providing associate degrees. A copy of the
832	evaluation must be submitted to the State Board of Education,
833	the Executive Office of the Governor, the President of the
834	Senate, and the Speaker of the House of Representatives.
835	Programs that have excessive per-credit-hour costs, fail to
836	provide meaningful access to baccalaureate degrees for Florida
837	residents, no longer meet workforce needs, or hinder a community
838	college's primary mission may lose eligibility for state funding
839	as a baccalaureate degree program.
840	(5)(4)  A community college may not terminate its associate
841	in arts or associate in science degree programs as a result of
842	the authorization provided pursuant to this section in
843	subsection (3). The Legislature intends that the primary mission
844	of a community college, including a community college that
845	offers baccalaureate degree programs, continues to be the
846	provision of associate degrees that provide access to a
847	university.
848	(6)  The State Board of Education shall adopt rules to
849	administer this section.
850	Section 21.  Section 1009.21, Florida Statutes, is amended
851	to read:
852	1009.21  Determination of resident status for tuition
853	purposes; exemption.--Students shall be classified as residents
854	or nonresidents for the purpose of assessing tuition in
855	community colleges and state universities and for the purpose of
856	assessing tuition for instruction in workforce education
857	programs offered by school districts.
858	(1)  As used in this section, the term:
859	(a)  The term "Dependent child" means any person, whether
860	or not living with his or her parent, who is eligible to be
861	claimed by his or her parent as a dependent under the federal
862	income tax code and who receives at least 51 percent of the true
863	cost-of-living expenses from his or her parent, as further
864	defined in rules of the department and postsecondary residential
865	guidelines.
866	(b)  "Initial enrollment" means the first day of class.
867	(c)(b)  The term "Institution of higher education" means
868	any public community college or state university.
869	(d)(c)  A "Legal resident" or "resident" means is a person
870	who has maintained his or her residence in this state for the
871	preceding year, has purchased a home which is occupied by him or
872	her as his or her residence, or has established a domicile in
873	this state pursuant to s. 222.17.
874	(e)  "Nonresident for tuition purposes" means a person who
875	does not qualify for the in-state tuition rate.
876	(f)(d)  The term "Parent" means the natural or adoptive
877	parent or legal guardian of a dependent child.
878	(g)(e)  A "Resident for tuition purposes" means is a person
879	who qualifies as provided in subsection (2) for the in-state
880	tuition rate; a "nonresident for tuition purposes" is a person
881	who does not qualify for the in-state tuition rate.
882	(2)(a)  To qualify as a resident for tuition purposes:
883	1.  A person or, if that person is a dependent child, his
884	or her parent or parents must have established legal residence
885	in this state and must have maintained legal residence in this
886	state for at least 12 consecutive months immediately prior to
887	his or her initial enrollment in a postsecondary education
888	program in this state qualification.
889	2.  Every applicant for admission to an institution of
890	higher education or to a workforce education program offered by
891	a school district shall be required to make a statement as to
892	his or her length of residence in the state and, further, shall
893	establish that his or her presence or, if the applicant is a
894	dependent child, the presence of his or her parent or parents in
895	the state currently is, and during the requisite 12-month
896	qualifying period was, for the purpose of maintaining a bona
897	fide domicile, rather than for the purpose of maintaining a mere
898	temporary residence or abode incident to enrollment in an
899	institution of higher education or a workforce education program
900	offered by a school district.
901	3.  Each institution of higher education or each school
902	district that offers a workforce education program must
903	determine whether an applicant who has been granted admission is
904	a dependent child.
905	4.  Each institution of higher education or each school
906	district that offers a workforce education program must
907	affirmatively determine that an applicant who has been granted
908	admission as a Florida resident meets the residency requirements
909	of this section at the time of initial enrollment.
910	(b)  However, with respect to a dependent child living with
911	an adult relative other than the child's parent, such child may
912	qualify as a resident for tuition purposes if the adult relative
913	is a legal resident who has maintained legal residence in this
914	state for at least 12 consecutive months immediately prior to
915	the child's initial enrollment in a postsecondary education
916	program in this state qualification, provided the child has
917	resided continuously with such relative for the 5 years
918	immediately prior to the child's initial enrollment
919	qualification, during which time the adult relative has
920	exercised day-to-day care, supervision, and control of the
921	child.
922	(c)  The legal residence of a dependent child whose parents
923	are divorced, separated, or otherwise living apart will be
924	deemed to be this state if either parent is a legal resident of
925	this state, regardless of which parent is entitled to claim, and
926	does in fact claim, the minor as a dependent pursuant to federal
927	individual income tax provisions.
928	(d)  A person who is classified as a nonresident for
929	tuition purposes may become eligible for reclassification as a
930	resident for tuition purposes if that person or, if that person
931	is a dependent child, his or her parent presents documentation
932	that supports permanent residency in this state rather than
933	temporary residency for the purpose of pursuing an education,
934	such as documentation of full-time permanent employment for the
935	previous 12 months or the purchase of a home in this state and
936	residence therein for the prior 12 months. If a person who is a
937	dependent child and his or her parent move to this state while
938	such child is a high school student and the child graduates from
939	a high school in this state, the child may become eligible for
940	reclassification as a resident for tuition purposes when the
941	parent qualifies for permanent residency.
942	(3)  An individual shall not be classified as a resident
943	for tuition purposes and, thus, shall not be eligible to receive
944	the in-state tuition rate until he or she has provided such
945	evidence related to legal residence and its duration or, if that
946	individual is a dependent child, documentation of his or her
947	parent's legal residence and its duration, as well as
948	documentation confirming his or her status as a dependent child,
949	as may be required by law and by officials of the institution of
950	higher education or officials of the school district offering
951	the workforce education program from which he or she seeks the
952	in-state tuition rate.
953	(4)  With respect to a dependent child, the legal residence
954	of such individual's parent or parents is prima facie evidence
955	of the individual's legal residence, which evidence may be
956	reinforced or rebutted, relative to the age and general
957	circumstances of the individual, by the other evidence of legal
958	residence required of or presented by the individual. However,
959	the legal residence of an individual whose parent or parents are
960	domiciled outside this state is not prima facie evidence of the
961	individual's legal residence if that individual has lived in
962	this state for 5 consecutive years prior to enrolling or
963	reregistering at the institution of higher education or
964	enrolling or reregistering in a workforce education program
965	offered by a school district at which resident status for
966	tuition purposes is sought.
967	(5)  In making a domiciliary determination related to the
968	classification of a person as a resident or nonresident for
969	tuition purposes, the domicile of a married person, irrespective
970	of sex, shall be determined, as in the case of an unmarried
971	person, by reference to all relevant evidence of domiciliary
972	intent. For the purposes of this section:
973	(a)  A person shall not be precluded from establishing or
974	maintaining legal residence in this state and subsequently
975	qualifying or continuing to qualify as a resident for tuition
976	purposes solely by reason of marriage to a person domiciled
977	outside this state, even when that person's spouse continues to
978	be domiciled outside of this state, provided such person
979	maintains his or her legal residence in this state.
980	(b)  A person shall not be deemed to have established or
981	maintained a legal residence in this state and subsequently to
982	have qualified or continued to qualify as a resident for tuition
983	purposes solely by reason of marriage to a person domiciled in
984	this state.
985	(c)  In determining the domicile of a married person,
986	irrespective of sex, the fact of the marriage and the place of
987	domicile of such person's spouse shall be deemed relevant
988	evidence to be considered in ascertaining domiciliary intent.
989	(6)  Any nonresident person, irrespective of sex, who
990	marries a legal resident of this state or marries a person who
991	later becomes a legal resident may, upon becoming a legal
992	resident of this state, accede to the benefit of the spouse's
993	immediately precedent duration as a legal resident for purposes
994	of satisfying the 12-month durational requirement of this
995	section.
996	(7)  A person shall not lose his or her resident status for
997	tuition purposes solely by reason of serving, or, if such person
998	is a dependent child, by reason of his or her parent's or
999	parents' serving, in the Armed Forces outside this state.
1000	(8)  A person who has been properly classified as a
1001	resident for tuition purposes but who, while enrolled in an
1002	institution of higher education or a workforce education program
1003	offered by a school district in this state, loses his or her
1004	resident tuition status because the person or, if he or she is a
1005	dependent child, the person's parent or parents establish
1006	domicile or legal residence elsewhere shall continue to enjoy
1007	the in-state tuition rate for a statutory grace period, which
1008	period shall be measured from the date on which the
1009	circumstances arose that culminated in the loss of resident
1010	tuition status and shall continue for 12 months. However, if the
1011	12-month grace period ends during a semester or academic term
1012	for which such former resident is enrolled, such grace period
1013	shall be extended to the end of that semester or academic term.
1014	(9)  Any person who ceases to be enrolled in at or who
1015	graduates from an institution of higher education or a workforce
1016	education program offered by a school district while classified
1017	as a resident for tuition purposes and who subsequently abandons
1018	his or her domicile in this state shall be permitted to reenroll
1019	in at an institution of higher education or a workforce
1020	education program offered by a school district in this state as
1021	a resident for tuition purposes without the necessity of meeting
1022	the 12-month durational requirement of this section if that
1023	person has reestablished his or her domicile in this state
1024	within 12 months of such abandonment and continuously maintains
1025	the reestablished domicile during the period of enrollment. The
1026	benefit of this subsection shall not be accorded more than once
1027	to any one person.
1028	(10)  The following persons shall be classified as
1029	residents for tuition purposes:
1030	(a)  Active duty members of the Armed Services of the
1031	United States residing or stationed in this state, their
1032	spouses, and dependent children, and active members of the
1033	Florida National Guard who qualify under s. 250.10(7) and (8)
1034	for the tuition assistance program.
1035	(b)  Active duty members of the Armed Services of the
1036	United States, and their spouses and dependent children,
1037	dependents attending a public community college or state
1038	university within 50 miles of the military establishment where
1039	they are stationed, if such military establishment is within a
1040	county contiguous to Florida.
1041	(c)  United States citizens living on the Isthmus of
1042	Panama, who have completed 12 consecutive months of college work
1043	at the Florida State University Panama Canal Branch, and their
1044	spouses and dependent children.
1045	(d)  Full-time instructional and administrative personnel
1046	employed by state public schools, community colleges, and
1047	institutions of higher education, as defined in s. 1000.04, and
1048	their spouses and dependent children.
1049	(e)  Students from Latin America and the Caribbean who
1050	receive scholarships from the federal or state government. Any
1051	student classified pursuant to this paragraph shall attend, on a
1052	full-time basis, a Florida institution of higher education.
1053	(f)  Southern Regional Education Board's Academic Common
1054	Market graduate students attending Florida's state universities.
1055	(g)  Full-time employees of state agencies or political
1056	subdivisions of the state when the student fees are paid by the
1057	state agency or political subdivision for the purpose of job-
1058	related law enforcement or corrections training.
1059	(h)  McKnight Doctoral Fellows and Finalists who are United
1060	States citizens.
1061	(i)  United States citizens living outside the United
1062	States who are teaching at a Department of Defense Dependent
1063	School or in an American International School and who enroll in
1064	a graduate level education program which leads to a Florida
1065	teaching certificate.
1066	(j)  Active duty members of the Canadian military residing
1067	or stationed in this state under the North American Aerospace
1068	Defense Command Air Defense (NORAD) agreement, and their spouses
1069	and dependent children, attending a community college or state
1070	university within 50 miles of the military establishment where
1071	they are stationed.
1072	(k)  Active duty members of a foreign nation's military who
1073	are serving as liaison officers and are residing or stationed in
1074	this state, and their spouses and dependent children, attending
1075	a community college or state university within 50 miles of the
1076	military establishment where the foreign liaison officer is
1077	stationed.
1078	(l)  Full-time employees of international multilateral
1079	organizations based in Florida that are recognized by the United
1080	States Department of State and their spouses and dependent
1081	children.
1082	(11)  A student, other than a nonimmigrant alien within the
1083	meaning of 8 U.S.C. s. 1101(a)(15), who meets all of the
1084	following requirements may apply for an exemption from paying
1085	nonresident tuition at community colleges and state
1086	universities:
1087	(a)  The student has resided in Florida with a parent, as
1088	defined in paragraph (1)(f), for at least 3 consecutive years
1089	immediately preceding the date the student received a high
1090	school diploma or its equivalent and has attended a Florida high
1091	school for at least 3 consecutive school years during such time.
1092	(b)  The student has registered and enrolled in a community
1093	college or a state university. The student may apply for a term
1094	deferral of any out-of-state fee assessed by the institution
1095	until eligibility for the exemption is determined.
1096	(c)  The student has provided the community college or
1097	state university an affidavit stating that the student will file
1098	an application to become a permanent resident of the United
1099	States at the earliest opportunity he or she is eligible to do
1100	so.
1101	(d)  The student has submitted an application for the
1102	exemption to the community college or state university in the
1103	manner prescribed by the Department of Education.
1104
1105	The exemption authorized pursuant to this subsection shall be
1106	limited to the top 2,000 students in academic performance in
1107	Florida high schools who register and enroll at a community
1108	college or state university under the exemption. The Department
1109	of Education shall administer the exemption program and shall
1110	develop an application form and guidelines for student
1111	participation. The community college or state university shall
1112	enter all application criteria submitted by the student into the
1113	department's online database, in the manner and timeframe
1114	prescribed by the department, for final determination by the
1115	department of the student's eligibility to receive the
1116	exemption.
1117	(12)(11)  The State Board of Education shall by rule
1118	designate classifications of students as residents or
1119	nonresidents for tuition purposes at community colleges and
1120	state universities.
1121	Section 22.  Subsections (1), (3), and (11) of section
1122	1009.23, Florida Statutes, are amended to read:
1123	1009.23  Community college student fees.--
1124	(1)  Unless otherwise provided, the provisions of this
1125	section applies apply only to fees charged for college credit
1126	instruction leading to an associate in arts degree, an associate
1127	in applied science degree, or an associate in science degree, or
1128	a baccalaureate degree authorized by the State Board of
1129	Education pursuant to s. 1007.33 and for noncollege credit
1130	college-preparatory courses defined in s. 1004.02.
1131	(3)  The State Board of Education shall adopt by December
1132	31 of each year a resident fee schedule for the following fall
1133	for advanced and professional programs, associate in science
1134	degree programs, baccalaureate degree programs authorized by the
1135	State Board of Education pursuant to s. 1007.33, and college-
1136	preparatory programs that produce revenues in the amount of 25
1137	percent of the full prior year's cost of these programs. Fees
1138	for courses in college-preparatory programs and associate in
1139	arts and associate in science degree programs may be established
1140	at the same level. In the absence of a provision to the contrary
1141	in an appropriations act, the fee schedule shall take effect and
1142	the colleges shall expend the funds on instruction. If the
1143	Legislature provides for an alternative fee schedule in an
1144	appropriations act, the fee schedule shall take effect the
1145	subsequent fall semester.
1146	(11)(a)  Each community college board of trustees may
1147	establish a separate fee for capital improvements, technology
1148	enhancements, or equipping student buildings which may not
1149	exceed 10 percent of tuition for resident students or 10 percent
1150	of the sum of tuition and out-of-state fees for nonresident
1151	students. The fee for resident students shall be limited to an
1152	increase of $2 per credit hour over the prior year $1 per credit
1153	hour or credit-hour equivalent for residents and which equals or
1154	exceeds $3 per credit hour for nonresidents. Funds collected by
1155	community colleges through these fees may be bonded only as
1156	provided in this subsection for the purpose of financing or
1157	refinancing new construction and equipment, renovation, or
1158	remodeling of educational facilities. The fee shall be collected
1159	as a component part of the tuition and fees, paid into a
1160	separate account, and expended only to construct and equip,
1161	maintain, improve, or enhance the educational facilities of the
1162	community college. Projects funded through the use of the
1163	capital improvement fee shall meet the survey and construction
1164	requirements of chapter 1013. Pursuant to s. 216.0158, each
1165	community college shall identify each project, including
1166	maintenance projects, proposed to be funded in whole or in part
1167	by such fee.
1168	(b)  Capital improvement fee revenues may be pledged by a
1169	board of trustees as a dedicated revenue source to the repayment
1170	of debt, including lease-purchase agreements with an overall
1171	term, including renewals, extensions, and refundings, of not
1172	more than 7 years and revenue bonds, with a term not to exceed
1173	20 annual maturities years, and not to exceed the useful life of
1174	the asset being financed, only for financing or refinancing of
1175	the new construction and equipment, renovation, or remodeling of
1176	educational facilities. Community colleges may use the services
1177	of the Division of Bond Finance of the State Board of
1178	Administration to issue any Bonds authorized through the
1179	provisions of this subsection shall be. Any such bonds issued by
1180	the Division of Bond Finance upon the request of the community
1181	college board of trustees shall be in compliance with the
1182	provisions of s. 11(d), Art. VII of the State Constitution and
1183	the State Bond Act. The Division of Bond Finance may pledge fees
1184	collected by one or more community colleges to secure such
1185	bonds. Any project included in the approved educational plant
1186	survey pursuant to chapter 1013 is approved pursuant to s.
1187	11(d), Art. VII of the State Constitution.
1188	(c)  The state does hereby covenant with the holders of the
1189	bonds issued under this subsection that it will not take any
1190	action that will materially and adversely affect the rights of
1191	such holders so long as the bonds authorized by this subsection
1192	are outstanding.
1193	(d)  Any validation of the bonds issued pursuant to the
1194	State Bond Act shall be validated in the manner provided by
1195	chapter 75. Only the initial series of bonds is required to be
1196	validated. The complaint for such validation shall be filed in
1197	the circuit court of the county where the seat of state
1198	government is situated, the notice required to be published by
1199	s. 75.06 shall be published only in the county where the
1200	complaint is filed, and the complaint and order of the circuit
1201	court shall be served only on the state attorney of the circuit
1202	in which the action is pending.
1203	(e)  A maximum of 15 percent cents per credit hour may be
1204	allocated from the capital improvement fee for child care
1205	centers conducted by the community college. The use of capital
1206	improvement fees for such purpose shall be subordinate to the
1207	payment of any bonds secured by the fees.
1208	Section 23.  Subsection (3) of section 1009.24, Florida
1209	Statutes, is amended to read:
1210	1009.24  State university student fees.--
1211	(3)(a)  The Legislature has the responsibility to establish
1212	tuition and fees.
1213	(b)  Within proviso in the General Appropriations Act and
1214	law, each board of trustees shall set undergraduate university
1215	tuition and fees.
1216	(c)  Except as otherwise provided by law, each board of
1217	trustees shall set university tuition and fees for graduate,
1218	graduate professional, and nonresident students, except that
1219	tuition and fees for graduate, graduate professional, and
1220	nonresident students who enroll prior to fall 2005 shall be
1221	established within proviso in the General Appropriations Act or
1222	by law. Tuition and fees for graduate, graduate professional,
1223	and nonresident students shall not exceed the average full-time
1224	nonresident tuition and fees for corresponding programs at
1225	public institutions that are members of the Association of
1226	American Universities. The annual percentage increase in tuition
1227	and fees established by each board of trustees pursuant to this
1228	paragraph for students enrolled prior to fall 2005 shall not
1229	exceed the annual percentage increase approved by the
1230	Legislature for resident undergraduate students. At least 20
1231	percent of the amount raised by tuition increases imposed
1232	pursuant to this paragraph shall be allocated by each university
1233	to need-based financial aid for students.
1234	(d)  The sum of the activity and service, health, and
1235	athletic fees a student is required to pay to register for a
1236	course shall not exceed 40 percent of the tuition established in
1237	law or in the General Appropriations Act. The tuition and fees
1238	established pursuant to paragraph (c) for graduate, graduate
1239	professional, and nonresident students shall not be subject to
1240	the 40 percent cap. No university shall be required to lower any
1241	fee in effect on the effective date of this act in order to
1242	comply with this subsection. Within the 40 percent cap,
1243	universities may not increase the aggregate sum of activity and
1244	service, health, and athletic fees more than 5 percent per year
1245	unless specifically authorized in law or in the General
1246	Appropriations Act. A university may increase its athletic fee
1247	to defray the costs associated with changing National Collegiate
1248	Athletic Association divisions. Any such increase in the
1249	athletic fee may exceed both the 40 percent cap and the 5
1250	percent cap imposed by this subsection. Any such increase must
1251	be approved by the athletic fee committee in the process
1252	outlined in subsection (11) and cannot exceed $2 per credit
1253	hour. Notwithstanding the provisions of ss. 1009.534, 1009.535,
1254	and 1009.536, that portion of any increase in an athletic fee
1255	pursuant to this subsection that causes the sum of the activity
1256	and service, health, and athletic fees to exceed the 40 percent
1257	cap or the annual increase in such fees to exceed the 5 percent
1258	cap shall not be included in calculating the amount a student
1259	receives for a Florida Academic Scholars award, a Florida
1260	Medallion Scholars award, or a Florida Gold Seal Vocational
1261	Scholars award. This subsection does not prohibit a university
1262	from increasing or assessing optional fees related to specific
1263	activities if payment of such fees is not required as a part of
1264	registration for courses.
1265	Section 24.  Section 1009.286, Florida Statutes, is created
1266	to read:
1267	1009.286  Additional student payment required for hours
1268	exceeding graduation requirements.--
1269	(1)  It is the intent of the Legislature to discourage
1270	undergraduate students in postsecondary education from exceeding
1271	the number of credit hours required to complete the students'
1272	respective degree programs. Accordingly, a student must pay 75
1273	percent over the in-state tuition rate for any credit hours that
1274	the student takes in excess of 120 percent of the number of
1275	credit hours required to complete the degree program in which he
1276	or she is enrolled.
1277	(2)  A student who is enrolled in a community college must
1278	pay 75 percent over the in-state tuition rate for credit hours
1279	that the student takes in excess of 120 percent of the credit
1280	hours required to earn an associate degree, except that a
1281	community college student who has earned the associate degree
1282	need not pay the full cost for a maximum of 24 credit hours
1283	taken while enrolled at a community college which apply to his
1284	or her baccalaureate degree.
1285	(3)  An undergraduate student who is enrolled in a state
1286	university must pay 75 percent over the in-state tuition rate
1287	for credit hours that the student takes in excess of 120 percent
1288	of the credit hours required to complete the degree program in
1289	which he or she is enrolled, regardless of whether those hours
1290	were taken while enrolled at a community college, a state
1291	university, or any private postsecondary institution if the
1292	student received state funds while enrolled at the private
1293	postsecondary institution.
1294	(4)  An undergraduate student who is enrolled in a
1295	baccalaureate degree program at a community college must pay 75
1296	percent over the in-state tuition rate for credit hours that the
1297	student takes in excess of 120 percent of the number of credit
1298	hours required to complete the degree program in which he or she
1299	is enrolled, regardless of whether those hours were taken while
1300	enrolled at a community college, a state university, or any
1301	private postsecondary institution if the student received state
1302	funds while enrolled at the private postsecondary institution.
1303	(5)  Credit hours earned under the following circumstances
1304	are not calculated as hours required to earn a baccalaureate
1305	degree:
1306	(a)  College credits earned through an accelerated
1307	mechanism identified in s. 1007.27.
1308	(b)  Credit hours earned through internship programs.
1309	(c)  Credit hours required for certification,
1310	recertification, or certificate degrees.
1311	(d)  Credit hours in courses from which a student must
1312	withdraw due to reasons of medical or personal hardship.
1313	(e)  Credit hours taken by active-duty military personnel.
1314	(f)  Credit hours required to achieve a dual major
1315	undertaken while pursuing a degree.
1316	(g)  Remedial and English as a Second Language credit
1317	hours.
1318	(6)  Each postsecondary institution shall implement a
1319	process for notifying students regarding the provisions of this
1320	section. The notice shall be provided upon the student's initial
1321	enrollment in the institution and again upon the student earning
1322	the credit hours required to complete the degree program in
1323	which he or she is enrolled. Additionally, the notice shall
1324	recommend that the student meet with his or her academic advisor
1325	if the student intends to earn additional credit hours at the
1326	institution beyond those required for his or her enrolled degree
1327	program.
1328	(7)  The provisions of this section shall apply to freshmen
1329	who enroll in a state university or community college in fall
1330	2005 and thereafter.
1331	Section 25.  Paragraph (a) of subsection (1) of section
1332	1009.40, Florida Statutes, is amended, and subsection (5) is
1333	added to said section, to read:
1334	1009.40  General requirements for student eligibility for
1335	state financial aid and tuition assistance grants.--
1336	(1)(a)  The general requirements for eligibility of
1337	students for state financial aid awards and tuition assistance
1338	grants consist of the following:
1339	1.  Achievement of the academic requirements of and
1340	acceptance at a state university or community college; a nursing
1341	diploma school approved by the Florida Board of Nursing; a
1342	Florida college, university, or community college which is
1343	accredited by an accrediting agency recognized by the State
1344	Board of Education; any Florida institution the credits of which
1345	are acceptable for transfer to state universities; any career
1346	center; or any private career institution accredited by an
1347	accrediting agency recognized by the State Board of Education.
1348	2.  Residency in this state for no less than 1 year
1349	preceding the award of aid or a tuition assistance grant for a
1350	program established pursuant to s. 1009.50, s. 1009.51, s.
1351	1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
1352	1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
1353	1009.73, s. 1009.76, s. 1009.77, or s. 1009.89, s. 1009.891, or
1354	s. 1009.895. Residency in this state must be for purposes other
1355	than to obtain an education. Resident status for purposes of
1356	receiving state financial aid awards or tuition assistance
1357	grants shall be determined in the same manner as resident status
1358	for tuition purposes pursuant to s. 1009.21 and rules of the
1359	State Board of Education implementing s. 1009.21 and the
1360	postsecondary guidelines of the department.
1361	3.  Submission of certification attesting to the accuracy,
1362	completeness, and correctness of information provided to
1363	demonstrate a student's eligibility to receive state financial
1364	aid awards or tuition assistance grants. Falsification of such
1365	information shall result in the denial of any pending
1366	application and revocation of any award or grant currently held
1367	to the extent that no further payments shall be made.
1368	Additionally, students who knowingly make false statements in
1369	order to receive state financial aid awards or tuition
1370	assistance grants shall be guilty of a misdemeanor of the second
1371	degree subject to the provisions of s. 837.06 and shall be
1372	required to return all state financial aid awards or tuition
1373	assistance grants wrongfully obtained.
1374	(5)  A student who is attending a nonpublic for-profit or
1375	nonprofit institution is ineligible to receive more than one
1376	state award that is a tuition assistance grant during a single
1377	semester.
1378	Section 26.  Section 1009.66, Florida Statutes, is amended
1379	to read:
1380	1009.66  Nursing Student Loan Reimbursement Forgiveness
1381	Program.--
1382	(1)  To encourage qualified personnel to seek employment in
1383	areas of this state in which critical nursing shortages exist,
1384	there is established the Nursing Student Loan Reimbursement
1385	Forgiveness Program. The primary function of the program is to
1386	increase employment and retention of registered nurses and
1387	licensed practical nurses in nursing homes and hospitals in the
1388	state and in state-operated medical and health care facilities,
1389	public schools, birth centers, federally sponsored community
1390	health centers, family practice teaching hospitals, and
1391	specialty children's hospitals and the employment and retention
1392	of instructional faculty in nursing programs approved by the
1393	Board of Nursing by making repayments toward loans received by
1394	students from federal or state programs or commercial lending
1395	institutions for the support of postsecondary study in
1396	accredited or approved nursing programs or for the support of
1397	study in a preparatory course for foreign-trained nurses offered
1398	by an approved nursing program.
1399	(2)  To be eligible, a candidate must have graduated from
1400	an accredited or approved nursing program or have successfully
1401	completed a preparatory course for foreign-trained nurses
1402	offered by an approved nursing program and have received a
1403	Florida license as a licensed practical nurse or a registered
1404	nurse or a Florida certificate as an advanced registered nurse
1405	practitioner.
1406	(3)  Only loans to pay the costs of tuition, books, and
1407	living expenses shall be covered, at an amount not to exceed
1408	$4,000 for each year of education toward the degree obtained.
1409	(4)  From the funds available, the Department of Education
1410	Health may make loan principal repayments of up to $4,000 a year
1411	for up to 4 years on behalf of eligible candidates pursuant to
1412	subsection (2) selected graduates of an accredited or approved
1413	nursing program. All repayments shall be contingent upon
1414	continued proof of employment in the designated facilities in
1415	this state and shall be made directly to the holder of the loan
1416	or the lending institution for loans held by a lending
1417	institution. The state shall bear no responsibility for the
1418	collection of any interest charges or other remaining balance.
1419	In the event that the designated facilities are changed, a nurse
1420	shall continue to be eligible for loan reimbursement forgiveness
1421	as long as he or she continues to work in the facility for which
1422	the original loan repayment was made and otherwise meets all
1423	conditions of eligibility.
1424	(5)  There is created the Nursing Student Loan
1425	Reimbursement Forgiveness Trust Fund to be administered by the
1426	Department of Education Health pursuant to this section and s.
1427	1009.67 and department rules. The Chief Financial Officer shall
1428	authorize expenditures from the trust fund upon receipt of
1429	vouchers approved by the Department of Education Health. All
1430	moneys collected from the private health care industry and other
1431	private sources for the purposes of this section shall be
1432	deposited into the Nursing Student Loan Reimbursement
1433	Forgiveness Trust Fund. Any balance in the trust fund at the end
1434	of any fiscal year shall remain therein and shall be available
1435	for carrying out the purposes of this section and s. 1009.67.
1436	(6)  In addition to licensing fees imposed under part I of
1437	chapter 464, there is hereby levied and imposed an additional
1438	fee of $5, which fee shall be paid upon licensure or renewal of
1439	nursing licensure. Revenues collected from the fee imposed in
1440	this subsection shall be deposited in the Nursing Student Loan
1441	Reimbursement Forgiveness Trust Fund of the Department of
1442	Education Health and will be used solely for the purpose of
1443	carrying out the provisions of this section and s. 1009.67. Up
1444	to 50 percent of the revenues appropriated to implement this
1445	subsection may be used for the nursing scholarship loan program
1446	established pursuant to s. 1009.67.
1447	(7)  Funds contained in the Nursing Student Loan
1448	Reimbursement Forgiveness Trust Fund which are to be used for
1449	loan reimbursement forgiveness for those nurses employed by
1450	hospitals, birth centers, and nursing homes and for those nurses
1451	employed as instructional faculty in an approved nursing program
1452	must be matched on a dollar-for-dollar basis by contributions or
1453	tuition reductions from the employing institutions, except that
1454	this provision shall not apply to state-operated medical and
1455	health care facilities, community colleges, state universities,
1456	public schools, county health departments, federally sponsored
1457	community health centers, teaching hospitals as defined in s.
1458	408.07, family practice teaching hospitals as defined in s.
1459	395.805, or specialty hospitals for children as used in s.
1460	409.9119. An estimate of the annual trust fund dollars shall be
1461	made at the beginning of the fiscal year based on historic
1462	expenditures from the trust fund. Applicant requests shall be
1463	reviewed on a quarterly basis, and applicant awards shall be
1464	based on the following priority of employer until all such
1465	estimated trust funds are awarded: nursing programs approved by
1466	the Board of Nursing if the employer and the award recipient
1467	agree that the award recipient will spend a minimum of 75
1468	percent of his or her time providing instruction, developing
1469	curriculum, or advising or mentoring students for the duration
1470	of the award; state-operated medical and health care facilities;
1471	public schools; county health departments; federally sponsored
1472	community health centers; teaching hospitals as defined in s.
1473	408.07; family practice teaching hospitals as defined in s.
1474	395.805; specialty hospitals for children as used in s.
1475	409.9119; and other hospitals, birth centers, and nursing homes.
1476	(8)  The Department of Health may solicit technical
1477	assistance relating to the conduct of this program from the
1478	Department of Education.
1479	(8)(9)  The Department of Education Health is authorized to
1480	recover from the Nursing Student Loan Reimbursement Forgiveness
1481	Trust Fund its costs for administering the Nursing Student Loan
1482	Reimbursement Forgiveness Program.
1483	(9)(10)  The State Board of Education Department of Health
1484	may adopt rules necessary to administer this program.
1485	(10)(11)  This section shall be implemented only as
1486	specifically funded.
1487	(11)(12)  Students receiving a nursing scholarship loan
1488	pursuant to s. 1009.67 are not eligible to participate in the
1489	Nursing Student Loan Reimbursement Forgiveness Program.
1490	Section 27.  Section 1009.67, Florida Statutes, is amended
1491	to read:
1492	1009.67  Nursing Scholarship Loan Program.--
1493	(1)  There is established within the Department of
1494	Education Health a scholarship loan program for the purpose of
1495	attracting capable and promising students to the nursing
1496	profession.
1497	(2)  A scholarship loan applicant shall be enrolled in an
1498	approved nursing program leading to the award of an associate
1499	degree, a baccalaureate degree, or a graduate degree in nursing
1500	or enrolled in a preparatory course for foreign-trained nurses
1501	offered by an approved nursing program.
1502	(3)  A scholarship loan may be awarded for no more than 2
1503	years, in an amount not to exceed $8,000 per year. However,
1504	registered nurses pursuing a graduate degree for a faculty
1505	position or to practice as an advanced registered nurse
1506	practitioner may receive up to $12,000 per year. These amounts
1507	shall be adjusted by the amount of increase or decrease in the
1508	consumer price index for urban consumers published by the United
1509	States Department of Commerce.
1510	(4)  Credit for repayment of a scholarship loan shall be as
1511	follows:
1512	(a)  For each full year of scholarship loan assistance, the
1513	recipient agrees to work for 12 months in a faculty position in
1514	a college of nursing or community college nursing program in
1515	this state and spend a minimum of 75 percent of his or her time
1516	providing instruction, developing curriculum, or advising or
1517	mentoring students or agrees to work for 12 months at a health
1518	care facility in a medically underserved area as approved by the
1519	Department of Health. Scholarship loan recipients who attend
1520	school on a part-time basis shall have their employment service
1521	obligation prorated in proportion to the amount of scholarship
1522	loan payments received.
1523	(b)  Eligible health care facilities include nursing homes
1524	and hospitals in this state, state-operated medical or health
1525	care facilities, public schools, county health departments,
1526	federally sponsored community health centers, colleges of
1527	nursing in universities in this state, and community college
1528	nursing programs in this state, family practice teaching
1529	hospitals as defined in s. 395.805, or specialty children's
1530	hospitals as described in s. 409.9119. The recipient shall be
1531	encouraged to complete the service obligation at a single
1532	employment site. If continuous employment at the same site is
1533	not feasible, the recipient may apply to the department for a
1534	transfer to another approved health care facility.
1535	(c)  Any recipient who does not complete an appropriate
1536	program of studies, who does not become licensed, who does not
1537	accept employment as a nurse at an approved health care
1538	facility, or who does not complete 12 months of approved
1539	employment for each year of scholarship loan assistance received
1540	shall repay to the Department of Education Health, on a schedule
1541	to be determined by the department, the entire amount of the
1542	scholarship loan plus 18 percent interest accruing from the date
1543	of the scholarship payment. Repayment schedules and applicable
1544	interest rates shall be determined by rules of the State Board
1545	of Education. Moneys repaid shall be deposited into the Nursing
1546	Student Loan Reimbursement Forgiveness Trust Fund established in
1547	s. 1009.66. However, the department may provide additional time
1548	for repayment if the department finds that circumstances beyond
1549	the control of the recipient caused or contributed to the
1550	default.
1551	(5)  Scholarship loan payments shall be transmitted to the
1552	recipient upon receipt of documentation that the recipient is
1553	enrolled in an approved nursing program. The Department of
1554	Education Health shall develop a formula to prorate payments to
1555	scholarship loan recipients so as not to exceed the maximum
1556	amount per academic year.
1557	(6)  The State Board of Education Department of Health
1558	shall adopt rules, including rules to address extraordinary
1559	circumstances that may cause a recipient to default on either
1560	the school enrollment or employment contractual agreement, to
1561	implement this section.
1562	(7)  The Department of Education Health may recover from
1563	the Nursing Student Loan Reimbursement Forgiveness Trust Fund
1564	its costs for administering the nursing scholarship loan
1565	program.
1566	Section 28.  Section 1009.895, Florida Statutes, is created
1567	to read:
1568	1009.895  Florida Independent Collegiate Assistance Grant
1569	Program.--
1570	(1)  The Legislature finds and declares that independent
1571	institutions licensed by the Commission for Independent
1572	Education are an integral part of the higher education system in
1573	this state through which Florida residents seek higher
1574	education. The Legislature finds that a significant number of
1575	state residents choose to pursue higher education at these
1576	institutions and that these institutions and the students they
1577	educate and train make a substantial contribution to the
1578	development of the state's economy. The Legislature intends to
1579	create a tuition assistance grant program for state residents
1580	that is not based upon a student's financial need or other
1581	criteria upon which financial aid programs are based.
1582	(2)  The Florida Independent Collegiate Assistance Grant
1583	Program, to be known as the FICA Grant Program, is created as a
1584	student tuition assistance grant program.
1585	(a)  The program shall be administered by the Department of
1586	Education according to rules adopted by the State Board of
1587	Education.
1588	(b)  The department may issue a tuition assistance grant
1589	under the program to any full-time student who:
1590	1.  Meets student residency requirements as provided in s.
1591	1009.40(1)(a)2.
1592	2.  Is enrolled as a full-time undergraduate student in a
1593	campus-based program at an eligible independent institution of
1594	higher education as defined in this section and is seeking an
1595	associate degree or higher.
1596	3.  Is making satisfactory academic progress as defined by
1597	the independent institution of higher education in which the
1598	student is enrolled.
1599	4.  Enrolls in an undergraduate degree program that leads
1600	to employment in an occupation that is listed on a regional
1601	targeted occupations list of a Florida workforce board at the
1602	time of enrollment.
1603	(3)  An "eligible independent institution of higher
1604	education" is:
1605	(a)  An institution that is licensed by the Commission for
1606	Independent Education under chapter 1005, is accredited by an
1607	accrediting agency that is recognized by the United States
1608	Secretary of Education as a reliable authority as to the quality
1609	of education or training offered at its accredited institutions,
1610	and has established performance requirements for student
1611	achievement that include minimum objective quantitative
1612	standards, including completion rates and placement rates as
1613	determined by the department or the commission.
1614	(b)  An institution whose students are not eligible to
1615	participate in the Access to Better Learning and Education Grant
1616	Program or the William L. Boyd, IV, Florida Resident Access
1617	Grant Program.
1618	(4)  This section shall be implemented to the extent funded
1619	and authorized by law.
1620	Section 29.  Paragraph (z) is added to subsection (4) of
1621	section 1009.971, Florida Statutes, to read:
1622	1009.971  Florida Prepaid College Board.--
1623	(4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.--The
1624	board shall have the powers and duties necessary or proper to
1625	carry out the provisions of ss. 1009.97-1009.984, including, but
1626	not limited to, the power and duty to:
1627	(z)  Provide for the transfer of ownership of an advance
1628	payment contract or a participation agreement by operation of
1629	law upon inheritance, devise, or bequest. An heir of a deceased
1630	purchaser or a deceased benefactor may make an application to
1631	the board under oath for a change in the purchaser or benefactor
1632	and, upon receipt of a completed application, the board may
1633	change the ownership of the advance payment contract or
1634	participation agreement, as appropriate, to the heir. The board
1635	shall specify by rule the information that must be included in
1636	the application. When the application is made by an heir of a
1637	deceased purchaser or deceased benefactor who died intestate, it
1638	shall not be necessary to accompany the application with an
1639	order of a probate court if the heir files with the board an
1640	affidavit stating that the estate is not indebted and the
1641	surviving spouse, if any, and the heirs, if any, have amicably
1642	agreed among themselves upon a division of the estate. If the
1643	deceased purchaser or deceased benefactor died testate, the
1644	application shall be accompanied by a certified copy of the
1645	will, if probated, and an affidavit stating that the estate is
1646	solvent with sufficient assets to pay all just claims or, if the
1647	will is not being probated, by a sworn copy of the will and an
1648	affidavit stating that the estate is not indebted. Upon the
1649	approval by the board of an application from an heir, the heir
1650	shall become the purchaser of the advance payment contract or
1651	the benefactor of the participation agreement. This subsection
1652	does not apply when a purchaser or benefactor has designated in
1653	writing to the board the person who will succeed to the
1654	ownership of the advance payment contract or participation
1655	agreement in the event of the purchaser's or benefactor's death,
1656	and that person survives the purchaser or benefactor.
1657	Section 30.  Subsection (5) of section 1009.972, Florida
1658	Statutes, is amended to read:
1659	1009.972  Florida Prepaid College Trust Fund.--
1660	(5)  Notwithstanding the provisions of chapter 717, funds
1661	associated with terminated advance payment contracts pursuant to
1662	s. 1009.98(4)(k) and canceled contracts for which no refunds
1663	have been claimed shall be retained by the board. The board
1664	shall establish procedures for notifying purchasers who
1665	subsequently cancel their advance payment contracts of any
1666	unclaimed refund and shall establish a time period after which
1667	no refund may be claimed by a purchaser who canceled a contract.
1668	The board may transfer funds retained from such terminated
1669	advance payment contracts and canceled contracts to the direct-
1670	support organization established pursuant to s. 1009.983 for the
1671	Florida Prepaid Tuition Scholarship Program to provide matching
1672	funds for prepaid tuition scholarships for economically
1673	disadvantaged youth who remain drug free and crime free and for
1674	children of members of the armed forces and Coast Guard of the
1675	United States who die while participating in the combat theater
1676	of operations for Operation Iraqi Freedom or Operation Enduring
1677	Freedom on or after the date on which this act becomes a law and
1678	were Florida residents at the time of their death or have listed
1679	Florida as their domicile at the time of their death.
1680	Section 31.  Subsection (3) and paragraph (k) of subsection
1681	(4) of section 1009.98, Florida Statutes, are amended to read:
1682	1009.98  Florida Prepaid College Program.--
1683	(3)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
1684	COLLEGES AND UNIVERSITIES AND TO CAREER CENTERS.--A qualified
1685	beneficiary may apply the benefits of an advance payment
1686	contract toward:
1687	(a)  An independent college or university that is located
1688	and chartered in Florida, that is not for profit, that is
1689	accredited by the Commission on Colleges of the Southern
1690	Association of Colleges and Schools or the Accrediting Council
1691	for Independent Colleges and Schools, and that confers degrees
1692	as defined in s. 1005.02.
1693	(b)  An out-of-state college or university that is not for
1694	profit and is accredited by a regional accrediting association,
1695	and that confers degrees.
1696	(c)  An applied technology diploma program or career
1697	certificate program conducted by a community college listed in
1698	s. 1004.02(2) or career center operated by a district school
1699	board.
1700
1701	The board shall transfer or cause to be transferred to the
1702	institution designated by the qualified beneficiary an amount
1703	not to exceed the redemption value of the advance payment
1704	contract at a state postsecondary institution.  If the cost of
1705	registration or housing fees at such institution is less than
1706	the corresponding fees at a state postsecondary institution, the
1707	amount transferred may not exceed the actual cost of
1708	registration and housing fees.  A transfer authorized under this
1709	subsection may not exceed the number of semester credit hours or
1710	semesters of dormitory residence contracted on behalf of a
1711	qualified beneficiary. The board may refuse to transfer the
1712	benefits of an advance payment contract to an otherwise eligible
1713	institution if the institution or its representatives distribute
1714	materials, regardless of form, that describe the use or transfer
1715	of the benefits of an advance payment contract and that have not
1716	been approved by the board. Notwithstanding any other provision
1717	in this section, an institution must be an "eligible educational
1718	institution" under s. 529 of the Internal Revenue Code to be
1719	eligible for the transfer of advance payment contract benefits.
1720	(4)  ADVANCE PAYMENT CONTRACTS.--The board shall develop
1721	advance payment contracts for registration and may develop
1722	advance payment contracts for dormitory residence as provided in
1723	this section. Advance payment contracts shall be exempt from
1724	chapter 517 and the Florida Insurance Code. Such contracts shall
1725	include, but not be limited to, the following:
1726	(k)  The period of time after which advance payment
1727	contracts that have not been terminated or the benefits used
1728	shall be considered terminated. Time expended by a qualified
1729	beneficiary as an active duty member of any of the armed
1730	services of the United States shall be added to the period of
1731	time specified by the board. No purchaser or qualified
1732	beneficiary whose advance payment contract is terminated
1733	pursuant to this paragraph shall be entitled to a refund.
1734	Notwithstanding chapter 717, the board shall retain any moneys
1735	paid by the purchaser for an advance payment contract that has
1736	been terminated in accordance with this paragraph. Such moneys
1737	may be transferred to the direct-support organization
1738	established pursuant to s. 1009.983 for the  Florida Prepaid
1739	Tuition Scholarship Program to provide matching funds for
1740	prepaid tuition scholarships for economically disadvantaged
1741	youths who remain drug free and crime free and for children of
1742	members of the armed forces and Coast Guard of the United States
1743	who die while participating in the combat theater of operations
1744	for Operation Iraqi Freedom or Operation Enduring Freedom on or
1745	after the date on which this act becomes a law and were Florida
1746	residents at the time of their death or have listed Florida as
1747	their domicile at the time of their death.
1748	Section 32.  Paragraph (b) of subsection (2) of section
1749	1009.981, Florida Statutes, is amended to read:
1750	1009.981  Florida College Savings Program.--
1751	(2)  PARTICIPATION AGREEMENTS.--
1752	(b)  The board shall develop a participation agreement
1753	which shall be the agreement between the board and each
1754	benefactor, which may include, but is not limited to:
1755	1.  The name, date of birth, and social security number of
1756	the designated beneficiary.
1757	2.  The amount of the contribution or contributions and
1758	number of contributions required from a benefactor on behalf of
1759	a designated beneficiary.
1760	3.  The terms and conditions under which benefactors shall
1761	remit contributions, including, but not limited to, the date or
1762	dates upon which each contribution is due. Deposits to the
1763	savings program by benefactors may only be in cash. Benefactors
1764	may contribute in a lump sum, periodically, in installments, or
1765	through electronic funds transfer or employer payroll
1766	deductions.
1767	4.  Provisions for late contribution charges and for
1768	default.
1769	5.  Provisions for penalty fees for withdrawals from the
1770	program.
1771	6.  The name of the person who may terminate participation
1772	in the program. The participation agreement must specify whether
1773	the account may be terminated by the benefactor, the designated
1774	beneficiary, a specific designated person, or any combination of
1775	these persons.
1776	7.  The terms and conditions under which an account may be
1777	terminated, modified, or converted, the name of the person
1778	entitled to any refund due as a result of termination of the
1779	account pursuant to such terms and conditions, and the amount of
1780	refund, if any, due to the person so named.
1781	8.  Penalties for distributions not used or made in
1782	accordance with s. 529 of the Internal Revenue Code.
1783	9.  Any charges or fees in connection with the
1784	administration of the savings fund.
1785	10.  The period of time after which each participation
1786	agreement shall be considered to be terminated. Time expended by
1787	a designated beneficiary as an active duty member of any of the
1788	armed services of the United States shall be added to the period
1789	specified pursuant to this subparagraph. Should a participation
1790	agreement be terminated, the balance of the account, after
1791	notice to the benefactor, shall be declared unclaimed and
1792	abandoned property. The board shall retain any moneys paid by
1793	the benefactor for a participation agreement that has been
1794	terminated in accordance with this subparagraph. Such moneys may
1795	be transferred to the direct-support organization established
1796	pursuant to s. 1009.983 for the   Florida Prepaid Tuition
1797	Scholarship Program to provide matching funds for prepaid
1798	tuition scholarships for economically disadvantaged youths who
1799	remain drug free and crime free and for children of members of
1800	the armed forces and Coast Guard of the United States who die
1801	while participating in the combat theater of operations for
1802	Operation Iraqi Freedom or Operation Enduring Freedom on or
1803	after the date on which this act becomes a law and were Florida
1804	residents at the time of their death or have listed Florida as
1805	their domicile at the time of their death.
1806	11.  Other terms and conditions deemed by the board to be
1807	necessary or proper.
1808	Section 33.  Section 1011.83, Florida Statutes, is amended
1809	to read:
1810	1011.83  Financial support of community colleges.--
1811	(1)  Each community college that has been approved by the
1812	Department of Education and meets the requirements of law and
1813	rules of the State Board of Education shall participate in the
1814	Community College Program Fund. However, funds to support
1815	workforce education programs conducted by community colleges
1816	shall be provided pursuant to s. 1011.80.
1817	(2)  Funding for baccalaureate degree programs approved
1818	pursuant to s. 1007.33 shall be specified in the General
1819	Appropriations Act. A student in a baccalaureate degree program
1820	approved pursuant to s. 1007.33 who is not classified as a
1821	resident for tuition purposes pursuant to s. 1009.21 shall not
1822	be included in calculations of full-time equivalent enrollments
1823	for state funding purposes.
1824	(3)  Funds specifically appropriated by the Legislature for
1825	baccalaureate degree programs approved pursuant to s. 1007.033
1826	may be used only for such programs. A new baccalaureate degree
1827	program may not accept students without a recurring legislative
1828	appropriation for this purpose.
1829	(4)  A community college that grants baccalaureate degrees
1830	shall maintain reporting and funding distinctions between any
1831	baccalaureate degree program approved under s. 1007.33 and any
1832	other baccalaureate degree programs involving traditional
1833	concurrent-use partnerships.
1834	Section 34.  Part VI of chapter 1011, Florida Statutes,
1835	consisting of sections 1011.96, 1011.965, and 1011.97, is
1836	created to read:
1837	1011.96  SUCCEED, FLORIDA! Crucial Professionals Program.--
1838	(1)  The SUCCEED, FLORIDA! Crucial Professionals Program is
1839	established to award funds to accredited postsecondary
1840	educational institutions in the state on a competitive basis to
1841	offer programs that meet the critical workforce needs of the
1842	state and to maximize the number of diplomas, certificates, and
1843	degrees that are awarded to postsecondary education students in
1844	fields vital to the citizens of the state.
1845	(2)  Beginning with the 2006-2007 fiscal year, funds
1846	appropriated by the Legislature to the Department of Education
1847	for the SUCCEED, FLORIDA! Crucial Professionals Program shall be
1848	distributed according to the provisions of this section.
1849	(3)  The department shall develop and issue annually a
1850	request for proposals. The department shall establish
1851	application procedures, guidelines, accountability measures, and
1852	timelines for implementation of the grant program.
1853	(4)  Proposals for a grant authorized pursuant to this
1854	section must:
1855	(a)  Indicate the number of students to be served, the
1856	length of the proposed program, and the projected cost. Funds
1857	for a grant provided pursuant to this section must be used to
1858	support new students and not to supplant current funding or
1859	students.
1860	(b)  Document the workforce need to be addressed.
1861	(c)  Demonstrate a pool of qualified applicants.
1862	(d)  Be submitted by an accredited public or nonpublic
1863	postsecondary educational institution in the state that provides
1864	postsecondary instruction in a field specified in the priority
1865	list established pursuant to subsection (5). For purposes of
1866	this section, postsecondary educational institutions include
1867	school district career centers that offer postsecondary
1868	programs.
1869	(e)  Indicate the number of postsecondary diplomas,
1870	certificates, or degrees that the institution will award using
1871	funds received pursuant to this section and the fields in which
1872	the diplomas, certificates, or degrees will be awarded.
1873	(f)  Indicate how the funds received will leverage other
1874	grants and scholarships and how the funds will be used to offset
1875	student tuition costs.
1876	(5)  By March 1, 2006, and annually thereafter, the chair
1877	of Workforce Florida, Inc., shall advise the Legislature of the
1878	state's most pressing workforce needs for postsecondary
1879	instruction and the geographic locations of these needs. The
1880	Legislature shall annually establish a priority list for funds
1881	provided pursuant to this section in the General Appropriations
1882	Act.
1883	(6)  The rankings and decisions of the request-for-
1884	proposals process shall be made by the State Board of Education
1885	based on the priority list established pursuant to subsection
1886	(5).
1887	(7)  Grant recipients must enter into a contract with the
1888	state to produce a specific number of graduates in the
1889	designated program within a specific time period. Grant
1890	recipients must submit periodic reports to the department
1891	documenting compliance with the accountability measures
1892	established by the department.
1893	(8)  Subsequent to the first year of funding for the
1894	SUCCEED, FLORIDA! Crucial Professionals Program, priority for
1895	awarding grants shall be for renewal grants to programs that are
1896	making adequate progress toward their contracted production,
1897	including nursing programs and teaching programs at institutions
1898	that received funding from the SUCCEED, FLORIDA! Crucial
1899	Professionals Program and programs at institutions that received
1900	funding from the SUCCEED, FLORIDA! Great Jobs Program during the
1901	2005-2006 fiscal year. Renewal award amounts shall be tied to
1902	student retention; the production of degrees, certificates, or
1903	diplomas; and the number of graduates placed in the targeted
1904	professions in the state.
1905	1011.965  SUCCEED, FLORIDA! Crucial Professionals Nursing
1906	Education Grant Program.--The SUCCEED, FLORIDA! Crucial
1907	Professionals Nursing Education Grant Program is established as
1908	a contract grant program within the Department of Education to
1909	increase the capacity of nursing programs approved by the Board
1910	of Nursing at postsecondary educational institutions to produce
1911	more nurses or nursing faculty to enter the workforce in the
1912	state. The department shall establish application procedures,
1913	guidelines, accountability measures, and timelines for
1914	implementation of the grant program and advise all Board of
1915	Nursing approved programs accordingly.
1916	(1)  Proposals for a grant authorized pursuant to this
1917	section must:
1918	(a)  Indicate the number of students to be served, the
1919	length of the proposed program, and the projected cost.
1920	(b)  Document the workforce need to be addressed through
1921	the expanded capacity of the existing nursing program.
1922	(c)  Demonstrate a pool of qualified applicants to fill the
1923	expanded capacity.
1924	(2)  Funds for a grant provided pursuant to this section
1925	must be used to support new students and not to supplant current
1926	funding or students. An institution applying for a grant must
1927	certify to the department that it will not reduce funding or the
1928	current level of enrollment in its existing nursing program. Any
1929	such reduction shall result in a pro rata reduction in the grant
1930	awarded pursuant to this section.
1931	(3)  Priority in the awarding of new grants authorized
1932	pursuant to this section shall be given to proposals that comply
1933	with three or more of the following:
1934	(a)  Proposals that result in new nurses in the workforce
1935	or nurses moving to a higher level on the career ladder.
1936	(b)  Proposals that could be implemented as early as the
1937	fall 2005.
1938	(c)  Proposals that include partnerships or collaborations
1939	with other institutions, programs, or health care providers.
1940	(d)  Proposals for programs offered at the worksite or
1941	through distance learning that permit nurses to achieve a higher
1942	level of nursing licensure.
1943	(e)  Proposals for accelerated programs that shorten the
1944	time required to receive a diploma, certificate, or degree;
1945	obtain licensure; and enter the workforce.
1946	(f)  Proposals that target exiting military personnel or
1947	other persons interested in making career changes.
1948	(g)  Proposals from nursing programs with demonstrated
1949	success as evidenced by graduation rates, licensure examination
1950	passage rates, and placement of graduates in nursing employment
1951	in the state.
1952	(h)  Proposals for programs that would address the state's
1953	need for rapid production of highly skilled clinical nurses and
1954	qualified nursing faculty, such as the fast-track baccalaureate
1955	to doctoral program, the Clinical Nurse Leader Program, and the
1956	Doctor of Nursing Practice program.
1957	(4)  Subsequent to the first year of funding for the grant
1958	program, priority for awarding grants shall be for renewal
1959	grants to nursing programs that are making adequate progress
1960	towards their contracted production.
1961	(5)  Grant recipients must enter into a contract between
1962	the postsecondary educational institution and the state to
1963	produce a specific number of nursing graduates within a specific
1964	time period.
1965	(6)  Nursing programs receiving grants pursuant to this
1966	section must submit periodic reports to the department
1967	documenting compliance with the accountability measures
1968	established by the department. Award amounts in subsequent years
1969	shall be tied to student retention; the production of degrees,
1970	certificates, or diplomas; and the number of graduates placed in
1971	a nursing position in the state.
1972	(7)  Proposals submitted pursuant to this section shall be
1973	reviewed by the Board of Nursing and the State Board of
1974	Education. Final approval and level of funding shall be
1975	determined by the State Board of Education with consideration
1976	given to comments submitted to the State Board of Education by
1977	the Board of Nursing.
1978	(8)  The State Board of Education shall monitor compliance
1979	with accountability requirements.
1980	(9)  By February 1, 2006, the State Board of Education
1981	shall submit a report to the President of the Senate and the
1982	Speaker of the House of Representatives on the status of
1983	implementation of the grant program.
1984	1011.97  SUCCEED, FLORIDA! Career Paths Program.--
1985	(1)  The SUCCEED, FLORIDA! Career Paths Program is
1986	established as a grant program within the Department of
1987	Education to provide startup grants to offset implementation
1988	costs of partnerships between a district school board or the
1989	Florida Virtual School and one or more businesses, industries,
1990	or postsecondary educational institutions to operate a career
1991	and professional academy pursuant to s. 1014.21. The Office of
1992	Career Education in the department shall administer the startup
1993	grants.
1994	(2)  A district school board or the Florida Virtual School
1995	may apply to the Office of Career Education for a grant which
1996	must be provided through a competitive process and may be used
1997	only for a career and professional academy.
1998	(3)  A high school that currently has a career academy,
1999	career institute, industry-certified program, or
2000	preapprenticeship program as well as a charter technical career
2001	center shall be eligible to apply for a grant to redesign its
2002	programs to meet the rigorous and relevant academic standards of
2003	a career and professional academy.
2004	(4)  Curriculum and content developed in a career and
2005	professional academy as a result of a startup grant shall be
2006	made available to all school districts.
2007	Section 35.  Section 1012.82, Florida Statutes, is amended
2008	to read:
2009	1012.82  Teaching faculty; minimum teaching hours per
2010	week.--Each full-time member of the teaching faculty at any
2011	community college, including faculty who teach upper-division
2012	courses that are a component part of a baccalaureate degree
2013	program approved pursuant to s. 1007.33, who is paid wholly from
2014	funds appropriated from the community college program fund shall
2015	teach a minimum of 15 classroom contact hours per week at such
2016	institution. However, the required classroom contact hours per
2017	week may be reduced upon approval of the president of the
2018	institution in direct proportion to specific duties and
2019	responsibilities assigned the faculty member by his or her
2020	departmental chair or other appropriate college administrator.
2021	Such specific duties may include specific research duties,
2022	specific duties associated with developing television, video
2023	tape, or other specifically assigned innovative teaching
2024	techniques or devices, or assigned responsibility for off-campus
2025	student internship or work-study programs. A "classroom contact
2026	hour" consists of a regularly scheduled classroom activity of
2027	not less than 50 minutes in a course of instruction which has
2028	been approved by the community college board of trustees. Any
2029	full-time faculty member who is paid partly from community
2030	college program funds and partly from other funds or
2031	appropriations shall teach a minimum number of classroom contact
2032	hours per week in such proportion to 15 classroom contact hours
2033	as his or her salary paid from community college program funds
2034	bears to his or her total salary.
2035	Section 36.  Subsection (2) of section 1013.60, Florida
2036	Statutes, is amended to read:
2037	1013.60  Legislative capital outlay budget request.--
2038	(2)  The commissioner shall submit to the Governor and to
2039	the Legislature an integrated, comprehensive budget request for
2040	educational facilities construction and fixed capital outlay
2041	needs for school districts, community colleges, and
2042	universities, pursuant to the provisions of s. 1013.64 and
2043	applicable provisions of chapter 216. Each community college
2044	board of trustees and each university board of trustees shall
2045	submit to the commissioner a 3-year plan and data required in
2046	the development of the annual capital outlay budget. Community
2047	college boards of trustees may request funding for all
2048	authorized programs, including approved baccalaureate degree
2049	programs. Such a request for funding must be submitted as a part
2050	of the 3-year priority list for community colleges pursuant to
2051	s. 1013.64(4)(a). Enrollment in approved baccalaureate degree
2052	programs or baccalaureate degree programs offered under a formal
2053	agreement with another college or university pursuant to s.
2054	1007.33 may be computed into the survey of need for facilities
2055	if the partner is not defraying the cost. No further
2056	disbursements shall be made from the Public Education Capital
2057	Outlay and Debt Service Trust Fund to a board of trustees that
2058	fails to timely submit the required data until such board of
2059	trustees submits the data.
2060	Section 37.  Chapter 1014, Florida Statutes, consisting of
2061	sections 1014.01, 1014.05, 1014.15, 1014.18, and 1014.21, is
2062	created to read:
2063	1014.01  Career education.--
2064	(1)  As used in this chapter, the term "career education"
2065	includes career certificate programs, applied technology diploma
2066	programs, degree career education programs, apprenticeship and
2067	preapprenticeship programs, career academy programs, and other
2068	rigorous career education programs offered by school districts,
2069	the Florida Virtual School, and postsecondary educational
2070	institutions to prepare students for rewarding careers.
2071	(2)  The rigorous career education system shall:
2072	(a)  Prepare students in career education programs,
2073	including career and professional academies, to:
2074	1.  Succeed in postsecondary education.
2075	2.  Attain and sustain employment and have the opportunity
2076	to realize economic self-sufficiency.
2077	(b)  Prepare students to enter rewarding careers identified
2078	by the Workforce Estimating Conference, pursuant to s. 216.136,
2079	and other programs of critical state need as approved by
2080	Workforce Florida, Inc.
2081	(c)  Produce skilled employees for employers in the state
2082	pursuant to s. 445.006(1).
2083	1014.05  Guiding principles for career education.--
2084	(1)  All students should have the opportunity to graduate
2085	from high school ready to embark on rewarding careers and
2086	prepared for postsecondary education.
2087	(2)  Both secondary and postsecondary career education
2088	programs must include a rigorous and relevant academic program.
2089	(3)  Instructional delivery systems for both secondary and
2090	postsecondary career education programs should include qualified
2091	teachers delivering a career education curriculum in a relevant
2092	context with student-centered, research-based instructional
2093	strategies and a rigorous standards-based academic curriculum.
2094	1014.15  Deputy Commissioner of Career Education; Office of
2095	Career Education.--
2096	(1)  The position of Deputy Commissioner of Career
2097	Education is established in the Department of Education to
2098	direct the department's Office of Career Education established
2099	in s. 1001.20(4). The deputy commissioner shall be responsible
2100	for evaluating the role of public and private secondary and
2101	postsecondary educational programs in providing rigorous career
2102	education and reporting to the Commissioner of Education the
2103	effectiveness of such programs; developing in partnership with
2104	the business community and Workforce Florida, Inc., a statewide
2105	marketing plan for secondary career education to attract high
2106	school students into careers of critical state need; and
2107	promoting seamless articulation throughout the career education
2108	system. The deputy commissioner shall be a person with
2109	established business credentials or proven success in
2110	collaborating with the private sector in designing and
2111	implementing successful career education programs as described
2112	in s. 1014.21. The deputy commissioner shall be appointed by the
2113	Commissioner of Education and shall report to the commissioner.
2114	(2)  The Office of Career Education shall promote a
2115	seamless secondary through postsecondary career education system
2116	that is flexible, able to respond in a timely manner to student
2117	and workforce needs, and not controlled by any one education
2118	sector.
2119	1014.18  Legislative expectations and funding criteria for
2120	the career education system.--Legislative expectations and
2121	funding criteria for the rigorous career education system are as
2122	follows:
2123	(1)  Seamless career education articulation both vertically
2124	and horizontally.
2125	(2)  Creative career counseling strategies and enhanced
2126	guidance structures, including:
2127	(a)  A secondary and postsecondary academic and career
2128	education online student advising and guidance system that is
2129	student and parent friendly and partners with the business and
2130	industry community as well as postsecondary educational
2131	institutions in this state and other states.
2132	(b)  Promotion in middle school of secondary and
2133	postsecondary career education programs, including opportunities
2134	to participate in a career and professional academy. Such
2135	promotion shall take place through middle school exploratory
2136	courses and use of the secondary and postsecondary academic and
2137	career education online student advising and guidance system
2138	described in s. 1006.01.
2139	(c)  Involvement of Workforce Florida, Inc., and regional
2140	workforce boards.
2141	(d)  Partnerships with business and industry using tools,
2142	equipment, and systems used in the business setting, including
2143	internships, externships, and on-the-job training.
2144	(e)  Opportunities and encouragement for parent
2145	participation in secondary and postsecondary career education
2146	planning.
2147	(f)  Professional development programs to assist guidance
2148	counselors in using a mentor-teacher guidance model.
2149	(3)  Review of Sunshine State Standards for high school to
2150	ensure that they incorporate the appropriate rigor and relevance
2151	based on research-based programs that have been proven to be
2152	effective.
2153	(4)  Review, by December 1, 2006, of current high school
2154	graduation requirements and high school course enrollments to
2155	determine the effect of increasing high school graduation
2156	requirements to include four credits in mathematics and science
2157	and eliminate the options for satisfying Algebra I.
2158	(5)  Review of teaching practices and pedagogy in all
2159	teacher preparation pathways to ensure that future teachers are
2160	able to deliver rigorous instruction in a relevant manner using
2161	real world work experience to teach specific skills.
2162	(6)  Professional development for current teachers which
2163	focuses on student-centered instructional strategies that move
2164	students from the early learning stage of awareness to higher
2165	learning stages of analysis, adaptation, and application of
2166	knowledge.
2167	(7)  Development of career and professional academies,
2168	including:
2169	(a)  Rigorous and relevant academic standards and curricula
2170	and increased academic performance of students and schools using
2171	school-level accountability data.
2172	(b)  Best practices that include rigorous and relevant
2173	academic standards and curricula, are based on research and
2174	proven effective programs, and include preparation of high
2175	school graduates for rewarding careers and postsecondary
2176	education.
2177	(c)  A plan for replicating successful academies that
2178	demonstrate high performance in preparing students for both
2179	rewarding careers and postsecondary education and that respond
2180	to workforce needs.
2181	(8)  Significant improvements in coordination and quality
2182	of career education data collection, including comparison of
2183	diploma, certificate, and degree production to workforce needs;
2184	secondary and postsecondary career education program followup
2185	surveys to determine student outcomes; second-year postsecondary
2186	student resume postings on the Workforce Florida, Inc.,
2187	employment website; and submission of student enrollment and
2188	graduation information to the Florida Education and Training
2189	Placement Information Program.
2190	(9)  Elimination of waiting lists for rigorous secondary
2191	and postsecondary career education programs.
2192	(10)  Aggressive promotion of the Bright Futures Florida
2193	Gold Seal Vocational Scholarship as a career-enhancing
2194	scholarship applicable to all postsecondary career education
2195	programs.
2196	(11)  Establishment of secondary and postsecondary career
2197	education best practices for relevant student-centered,
2198	research-based instructional strategies.
2199	(12)  Regular review of all secondary career education
2200	courses to identify those courses equivalent to postsecondary
2201	career education courses based on course content for inclusion
2202	in dual enrollment programs.
2203	(13)  A marketing plan for secondary career education to
2204	attract high school students into careers of critical state
2205	need, developed in partnership with the business community and
2206	Workforce Florida, Inc., that includes:
2207	(a)  Direct statewide marketing to students and families in
2208	cooperation with Workforce Florida, Inc., and the Agency for
2209	Workforce Innovation.
2210	(b)  Business participation in all career education
2211	programs through the use of incentives.
2212	(c)  Professional recruiters to provide information and
2213	career opportunities.
2214	(d)  Advertisements and public service announcement
2215	campaigns designed by business representatives to inform
2216	students and their parents about career education programs and
2217	career and employment opportunities.
2218	(14)  Strong coordination with Workforce Florida, Inc., and
2219	the Agency for Workforce Innovation.
2220	(15)  Workforce skills-based training that assesses
2221	workforce skills and matches these skills with specific careers.
2222	(16)  Strong criteria and accountability measures for
2223	postsecondary career education programs, including increased
2224	participant completion rates, program accountability, and
2225	longitudinal program evaluation.
2226	(17)  Identification and elimination of low-performing and
2227	geographically duplicative career education programs.
2228	(18)  Incentives to encourage successful participant
2229	completion of postsecondary career education programs.
2230	(19)  A methodology for business experts to be able to
2231	teach career education subjects within their areas of expertise
2232	in postsecondary career education programs.
2233	(20)  Provision of postsecondary career education programs
2234	in time segments needed by business.
2235	(21)  Career education regional strategic plans coordinated
2236	with regional workforce boards, area chambers of commerce, local
2237	employers, school districts, career centers, and community
2238	colleges that address:
2239	(a)  Articulation agreements between secondary and
2240	postsecondary career education and college programs for a
2241	seamless transition of students and maximum transferability of
2242	coursework through the career education system.
2243	(b)  Career ladders for students from high school through
2244	higher levels of postsecondary training.
2245	(c)  Access to career education programs through multiple
2246	site offerings, short-term accelerated training options, and
2247	distance learning.
2248	(22)  Beginning December 31, 2005, and each year
2249	thereafter, an articulation audit for secondary and
2250	postsecondary career education that:
2251	(a)  Focuses on courses and programs within the industry
2252	sector targeted by Enterprise Florida, Inc., for economic
2253	development.
2254	(b)  Identifies specific improvements needed to maximize
2255	credit given to public and private secondary and postsecondary
2256	students.
2257	(c)  Identifies successful local articulation agreements
2258	that could be replicated statewide.
2259	(d)  Identifies courses in career centers that articulate
2260	to degree programs at postsecondary educational institutions.
2261	(23)  Recommendations for changes to the current funding
2262	methodology leading to:
2263	(a)  Heightened recognition of the critical role of
2264	rigorous career education to the state's workforce needs.
2265	(b)  Flexibility of rigorous career education programs to
2266	fill critical need careers.
2267	(c)  Leveraging of private resources to create public-
2268	private career education partnerships.
2269	(d)  Criteria for funding public postsecondary career
2270	education that is consistent whether offered in the community
2271	college system or the public school system.
2272	(e)  SUCCEED, FLORIDA! Career Paths Program competitive
2273	grants as provided in the General Appropriations Act.
2274	(f)  Identification of appropriate cost categories and, if
2275	needed, weighted enrollment funding for each cost category in
2276	the Florida Education Finance Program for career and
2277	professional academy courses or programs that use technology,
2278	equipment, materials, and consumable supplies reflective of
2279	industry requirements or industry certification requirements.
2280	(24)  Annual recommendations for statutory and funding
2281	revisions needed to enhance the career education system.
2282	(25)  A clear and detailed annual report on the progress of
2283	full implementation of the career education system.
2284	1014.21  Career and professional academies.--
2285	(1)  Effective July 1, 2005, a "career and professional
2286	academy" means a research-based, rigorous career education
2287	program that combines relevant academic and technical curricula
2288	around a career theme and is offered by a school district,
2289	collaborating school districts, or the Florida Virtual School
2290	for the purpose of providing an instructional delivery system
2291	that incorporates relevant and rigorous academic standards with
2292	industry and business relevancy.
2293	(2)  Career and professional academies may be offered
2294	through career academies, career institutes, industry-certified
2295	career education programs, preapprenticeship programs, or
2296	charter technical career centers.
2297	(3)  Use of the title "career and professional academy" may
2298	be employed by one or more programs in a high school, a school
2299	within a high school, or a career center, but may only be used
2300	when each program using the title is fully compliant with the
2301	criteria in subsection (4).
2302	(4)  Each career and professional academy must:
2303	(a)  Provide a rigorous and relevant standards-based
2304	academic curriculum through a career-based theme, using
2305	instruction relevant to the career. The curriculum must take
2306	into consideration multiple styles of student learning; promote
2307	learning by doing through application and adaptation; maximize
2308	relevance of the subject matter; enhance each student's capacity
2309	to excel; and include an emphasis on work habits and work
2310	ethics. Such instruction may include diversified cooperative
2311	education, work experience, on-the-job training, and dual
2312	enrollment.
2313	(b)  Include one or more partnerships with businesses,
2314	employers, industry economic development agencies, or other
2315	appropriate sectors of the local community. Such a partnership
2316	should include the opportunity for persons who are highly
2317	skilled in the targeted subject matter of an academy program to
2318	provide instruction for the academy.
2319	(c)  Include one or more partnerships with a private or
2320	public postsecondary educational institution accredited by a
2321	regional or national accrediting agency recognized by the United
2322	States Department of Education. The educational partner must
2323	agree to articulate coursework to maximize transferability of
2324	credit.
2325	(d)  Include program offerings which correlate directly
2326	with industry certifications, with targeted high-priority local
2327	business and career opportunities, and with high-growth, high-
2328	demand, and high-pay occupations identified on the statewide
2329	targeted occupations list of the Workforce Estimating
2330	Conference.
2331	(e)  Establish strong eligibility criteria for student
2332	participation. While recognizing that rigorous academic
2333	performance will be expected of all students participating in an
2334	academy, initial eligibility criteria should permit
2335	opportunities for students who may not yet meet the academic
2336	requirements but demonstrate characteristics that may lead to
2337	success in an academy. The aim of an academy should be to serve
2338	not only students who are already succeeding but also students
2339	who would succeed if the proper teaching and motivational
2340	opportunities are provided.
2341	(f)  Establish relationships with business partners for use
2342	of state-of-the-art equipment in the instructional program of
2343	each academy.
2344	(5)  A course offered by the Florida Virtual School related
2345	to a career and professional academy program shall give priority
2346	for enrollment to public school students in a career and
2347	professional academy that does not have the specific career or
2348	professional course offering.
2349	(6)  Middle schools are encouraged to develop curricula and
2350	classes that will prepare students to easily and seamlessly
2351	enter high school career and professional academies.
2352	(7)(a)  The State Board of Education shall adopt rules
2353	under ss. 120.536(1) and 120.54 to administer the provisions of
2354	this section.
2355	(b)  The State Board of Education, pursuant to s. 1008.32,
2356	shall enforce the provisions of this section.
2357	Section 38.  Paragraphs (h) and (l) of subsection (4) of
2358	section 215.20, Florida Statutes, are amended to read:
2359	215.20  Certain income and certain trust funds to
2360	contribute to the General Revenue Fund.--
2361	(4)  The income of a revenue nature deposited in the
2362	following described trust funds, by whatever name designated, is
2363	that from which the appropriations authorized by subsection (3)
2364	shall be made:
2365	(h)  Within the Department of Education:
2366	1.  The Educational Certification and Service Trust Fund.
2367	2.  The Phosphate Research Trust Fund.
2368	3.  The Nursing Student Loan Reimbursement Trust Fund.
2369	(l)  Within the Department of Health:
2370	1.  The Administrative Trust Fund.
2371	2.  The Brain and Spinal Cord Injury Program Trust Fund.
2372	3.  The Donations Trust Fund.
2373	4.  The Emergency Medical Services Trust Fund.
2374	5.  The Epilepsy Services Trust Fund.
2375	6.  The Florida Drug, Device, and Cosmetic Trust Fund.
2376	7.  The Grants and Donations Trust Fund.
2377	8.  The Medical Quality Assurance Trust Fund.
2378	9.  The Nursing Student Loan Forgiveness Trust Fund.
2379	9.10.  The Planning and Evaluation Trust Fund.
2380	10.11.  The Radiation Protection Trust Fund.
2381
2382	The enumeration of the foregoing moneys or trust funds shall not
2383	prohibit the applicability thereto of s. 215.24 should the
2384	Governor determine that for the reasons mentioned in s. 215.24
2385	the money or trust funds should be exempt herefrom, as it is the
2386	purpose of this law to exempt income from its force and effect
2387	when, by the operation of this law, federal matching funds or
2388	contributions or private grants to any trust fund would be lost
2389	to the state.
2390	Section 39.  Discounted computers and Internet access for
2391	students.--
2392	(1)  There is created a program to offer computers and
2393	Internet access at a discounted price to students enrolled in
2394	grades 5 through 12 in a public school in the state.
2395	(2)  The Department of Education shall negotiate with
2396	computer manufacturers concerning:
2397	(a)  The prices of discounted computers and whether
2398	computer accessories such as printers or scanners will be
2399	offered to the students at reduced prices.
2400	(b)  Specialized software and hardware packages, including,
2401	but not limited to:
2402	1.  A word processor;
2403	2.  Software and hardware necessary to enable broadband
2404	Internet access; and
2405	3.  An operating system.
2406	(c)  The type of warranty that is to be provided to the
2407	students and whether an extended warranty will be available to
2408	the students and under what terms.
2409	(3)  The Department of Education shall negotiate with
2410	broadband Internet access providers concerning the prices of
2411	discounted broadband Internet access packages. In areas in which
2412	broadband Internet access is not currently available, the
2413	department shall negotiate with non-broadband Internet access
2414	providers.
2415	(4)  The Department of Education shall adopt rules
2416	concerning:
2417	(a)  How to integrate into this program the provision of
2418	computer or technical training to students in their respective
2419	school districts.
2420	(b)  How parents and students may be notified of the
2421	discounted computer and Internet access choices available.
2422	(c)  The distribution of eligibility certificates to the
2423	students, the locations at which discounted computers and
2424	Internet access services are available for purchase, and how
2425	students may obtain and pay for the equipment and services
2426	covered by this program.
2427	Section 40.  Discounted computers and Internet access for
2428	low-income students; pilot project.--
2429	(1)  The Digital Divide Council, in consultation with the
2430	Department of Education, shall implement a pilot project to
2431	assist low-income students to purchase discounted computers and
2432	Internet access services as negotiated by the department. The
2433	council shall identify counties, grade levels, and low-income
2434	eligibility criteria for participation in the pilot project.
2435	(2)  The pilot project shall be funded in an amount to be
2436	determined in the General Appropriations Act. The Digital Divide
2437	Council is authorized to accept grants from additional public
2438	and private sources to implement the pilot project.
2439	Section 41.  The Office of Program Policy Analysis and
2440	Government Accountability shall monitor and study how career and
2441	professional academies are implemented in the state. The
2442	following shall be the major focus of the study: to determine
2443	whether and how much postsecondary course credit is awarded to
2444	students and whether that credit is transferable to institutions
2445	other than the postsecondary partner; to determine the extent to
2446	which courses are articulating to higher certificates and
2447	degrees; to determine if there is a better way to coordinate a
2448	seamless progression for students in a career and professional
2449	academy program from middle school through high school and
2450	postsecondary education; and to make recommendations for future
2451	changes for oversight and coordination of career education
2452	courses and programs. The Office of Program Policy Analysis and
2453	Government Accountability shall also determine the extent to
2454	which and under what conditions vocational and technical centers
2455	in states that are members of the Southern Regional Education
2456	Board are permitted to use the term "college" as part of their
2457	name and the impact of such usage on accreditation, transfer of
2458	credit, and other articulation issues. The report and
2459	recommendations shall be submitted to the Governor, the
2460	President of the Senate, and the Speaker of the House of
2461	Representatives by December 1, 2007.
2462	Section 42.  The Office of Program Policy Analysis and
2463	Government Accountability shall conduct a study to examine how
2464	each state university supports students in making timely
2465	progress toward the completion of the student's degree. The
2466	study shall review, at a minimum, how each university informs
2467	students of the courses they must successfully complete for
2468	their majors; how students are advised of satisfactory progress
2469	toward completion of degrees; and the process used by the
2470	institution to ensure that courses required for completion of a
2471	degree are available each term. The study shall also evaluate
2472	the effectiveness of each state university's current procedures,
2473	assess the cost of implementing a universal tracking degree
2474	audit system, and assess what savings would be accrued from such
2475	a system. A report of the results of the study shall be
2476	submitted to the Governor, the President of the Senate, and the
2477	Speaker of the House of Representatives by January 1, 2006.
2478	Section 43.  By July 1, 2006, the Department of Education,
2479	with input from public and private postsecondary educational
2480	institutions, shall identify national standardized or licensure
2481	examinations by which secondary and postsecondary students may
2482	demonstrate mastery of postsecondary nursing course material and
2483	earn postsecondary credit for such courses. The examinations and
2484	corresponding minimum scores required for an award of credit
2485	shall be delineated by the State Board of Education in the
2486	statewide articulation agreement. The delineation of such
2487	examinations shall not preclude community colleges and
2488	universities from awarding credit by examination based on
2489	student performance on examinations developed within and
2490	recognized by the individual postsecondary educational
2491	institutions. By February 1, 2006, the Department of Education
2492	shall provide to the Governor, the President of the Senate, and
2493	the Speaker of the House of Representatives a status report on
2494	implementation of this section.
2495	Section 44.  One full-time equivalent position is
2496	authorized and the sum of $175,000 is appropriated from
2497	recurring general revenue to the Department of Education for the
2498	position of Deputy Commissioner of Career Education. The funds
2499	appropriated are for salary rate, benefits, expenses, operating
2500	capital outlay, and human resource services. The Commissioner of
2501	Education shall transfer existing positions and funds as
2502	appropriate for the creation of the Office of Career Education.
2503	Such funds shall include, but are not limited to, salary rate,
2504	benefits, expenses, other personal services, operating capital
2505	outlay, and human resource services.
2506	Section 45.  All statutory powers, duties, functions,
2507	records, positions, property, and unexpended balances of
2508	appropriations, allocations, or other funds of the Department of
2509	Health relating to the Nursing Student Loan Reimbursement
2510	Program and the Nursing Student Loan Reimbursement Trust Fund as
2511	created in s. 1009.66, Florida Statutes, and the Nursing
2512	Scholarship Loan Program as created in s. 1009.67, Florida
2513	Statutes, are transferred by a type two transfer as provided for
2514	in s. 20.06(2), Florida Statutes, from the Department of Health
2515	to the Department of Education.
2516	Section 46.  To provide statewide guidance and coordination
2517	with regard to bachelor of applied science degree programs,
2518	minimize the unnecessary proliferation of such programs in
2519	narrowly defined specialty areas, and assist the State Board of
2520	Education in making decisions relating to the approval of
2521	proposals from community colleges to offer such programs, the
2522	state board shall convene a workgroup with representatives from
2523	community colleges, state universities, and independent colleges
2524	and universities to develop recommendations on the degree
2525	requirements for a bachelor of applied science degree and
2526	protocols for accepting credits earned by transfer students in
2527	such programs. The State Board of Education shall submit a
2528	report on the findings and recommendations of the workgroup to
2529	the President of the Senate and the Speaker of the House of
2530	Representatives by February 1, 2006. This does not preclude any
2531	recommendation or authorization regarding the Daytona Beach
2532	Community College proposal for a bachelor of applied science
2533	degree program presented at the April 2005 meeting of the State
2534	Board of Education.
2535	Section 47.  Approval is granted for the endowment for the
2536	Appleton Museum of Art, currently held by the Appleton Cultural
2537	Center, Inc., to be transferred to the Central Florida Community
2538	College Foundation. The endowment to be transferred, which
2539	includes state matching funds, was established in 1987 through
2540	the Cultural Arts Endowment Program. By this provision, the
2541	Central Florida Community College Foundation is authorized to
2542	manage the endowment only for the support of the educational
2543	program at the Appleton Museum of Art and is released from all
2544	other provisions of the Trust Agreement dated July 17, 1987, by
2545	and between the State of Florida and the Appleton Cultural
2546	Center, Inc., and ss. 265.601-265.607, Florida Statutes.
2547	Section 48.  This act shall take effect July 1, 2005.

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