HB 7149

1	A bill to be entitled
2	An act relating to education; amending s. 20.055, F.S.;
3	revising a definition; amending s. 20.15, F.S.; deleting
4	the Division of Colleges and Universities in the
5	Department of Education; requiring the State Board of
6	Education and the Commissioner of Education to consult
7	with certain educational entities; requiring the
8	department to provide certain support services to the
9	Board of Governors of the State University System;
10	creating s. 20.155, F.S., relating to the Board of
11	Governors; providing for certain rights and privileges,
12	the head of the board, personnel, certain powers and
13	duties, and an Office of Inspector General; amending s.
14	23.21, F.S., relating to definitions for purposes of
15	paperwork reduction; updating terminology; amending s.
16	110.131, F.S., relating to other-personal-services
17	temporary employment; updating terminology; amending s.
18	110.181, F.S., relating to the Florida State Employees'
19	Charitable Campaign; conforming a cross-reference;
20	amending s. 112.0455, F.S., relating to the Drug-Free
21	Workplace Act; deleting obsolete provisions; amending s.
22	112.19, F.S., relating to death benefits for certain
23	officers; updating terminology; requiring the Board of
24	Governors to adopt rules; amending s. 112.191, F.S.,
25	relating to death benefits for firefighters; updating
26	terminology; requiring the Board of Governors to adopt
27	rules; amending s. 112.313, F.S., relating to standards of
28	conduct; revising definition of "employee" to include
29	provosts; updating terminology; amending s. 112.3135,
30	F.S., relating to restriction on employment of relatives;
31	updating terminology; amending s. 112.3145, F.S., relating
32	to disclosure of financial interests and clients
33	represented before agencies; updating terminology;
34	amending s. 120.52, F.S., relating to definitions for
35	purposes of the Administrative Procedure Act; revising
36	definition of "agency" to include the Board of Governors
37	and state university boards of trustees under certain
38	circumstances; revising definition of "educational unit";
39	amending s. 120.65, F.S.; including the Board of Governors
40	in the list of entities that must reimburse the Division
41	of Administrative Hearings for certain services and travel
42	expenses; amending s. 121.021, F.S., relating to
43	definitions for purposes of the Florida Retirement System;
44	updating terminology; amending s. 121.35, F.S., relating
45	to the optional retirement program for the State
46	University System; transferring authority from the State
47	Board of Education to the Board of Governors; updating
48	terminology and provisions; amending s. 159.703, F.S.,
49	relating to creation of research and development
50	authorities; updating terminology and an effective date;
51	amending s. 159.704, F.S., relating to research and
52	development authorities; updating terminology; amending s.
53	159.706, F.S.; including research and development
54	authorities designated by the Board of Regents in a
55	grandfather clause; amending s. 211.3103, F.S., relating
56	to distribution of the tax levy on severance of phosphate
57	rock; updating terminology; amending s. 215.16, F.S.,
58	relating to appropriations from the General Revenue Fund;
59	deleting unnecessary language; amending s. 215.32, F.S.,
60	relating to segregation of trust funds; including trust
61	funds under the management of the Board of Governors;
62	amending s. 215.559, F.S., relating to the Hurricane Loss
63	Mitigation Program; updating terminology; deleting
64	obsolete terminology; conforming cross-references;
65	amending s. 215.82, F.S., relating to validation of bonds;
66	conforming a cross-reference; amending s. 216.0152, F.S.,
67	relating to inventory of facilities; updating terminology;
68	amending s. 216.251, F.S., relating to salary
69	appropriations; deleting reference to the State Board of
70	Education with respect to State University System
71	positions; adding the Board of Governors' designee;
72	amending s. 220.15, F.S., relating to apportionment of
73	adjusted federal income; updating terminology; amending s.
74	250.10, F.S.; providing duties of the Board of Governors
75	in cooperation with the Adjutant General and the State
76	Board of Education; amending s. 253.381, F.S., relating to
77	the sale of unsurveyed marshlands; deleting reference to
78	the State Board of Education; amending s. 255.02, F.S.,
79	relating to boards authorized to replace buildings
80	destroyed by fire; deleting obsolete terminology; amending
81	s. 255.043, F.S., relating to art in state buildings;
82	deleting obsolete terminology; amending s. 255.102, F.S.;
83	requiring the Board of Governors to collaborate in the
84	adoption of rules for contractor compliance with minority
85	business participation; amending s. 280.02, F.S.; revising
86	definition of "public deposit" to include moneys of a
87	state university; amending s. 286.001, F.S., relating to
88	statutorily required reports; updating terminology;
89	amending s. 287.064, F.S., relating to consolidated
90	financing of deferred-payment purchases; conforming a
91	cross-reference; amending s. 287.155, F.S., relating to
92	purchase of motor vehicles; updating terminology; amending
93	s. 288.15, F.S.; adding the Board of Governors to the list
94	of entities authorized to cooperate with the Division of
95	Bond Finance; amending s. 288.17, F.S., relating to
96	revenue certificates; updating terminology; amending s.
97	288.705, F.S.; updating terminology; amending s. 288.7091,
98	F.S.; requiring the Florida Black Business Investment
99	Board to develop memoranda of understanding with the Board
100	of Governors; amending s. 288.8175, F.S.; requiring a
101	linkage institute to be governed by an agreement between
102	the Board of Governors and the State Board of Education;
103	amending s. 295.07, F.S., relating to preference in
104	appointment and retention for veterans; including certain
105	equivalent positions; amending s. 320.08058, F.S.,
106	relating to specialty license plates; updating
107	terminology; amending s. 334.065, F.S.; updating
108	terminology; amending s. 377.705, F.S.; updating
109	terminology; amending s. 381.79, F.S., relating to the
110	Brain and Spinal Cord Injury Program Trust Fund; updating
111	terminology; amending s. 388.43, F.S.; updating
112	terminology; amending s. 403.073, F.S., relating to
113	pollution prevention; updating terminology; amending s.
114	403.074, F.S., relating to technical assistance by the
115	Department of Environmental Protection; updating
116	terminology; amending s. 409.908, F.S., relating to
117	reimbursement of Medicaid providers; updating terminology;
118	amending s. 413.051, F.S., relating to blind persons
119	eligible to operate vending stands; updating terminology;
120	amending s. 447.203, F.S.; designating the Board of
121	Governors, or the board's designee, as the public employer
122	and legislative body with respect to public employees of
123	state universities; revising definition of "legislative
124	body" to conform; amending s. 455.2125, F.S., relating to
125	adoption of changes to training requirements; updating
126	terminology; amending s. 456.028, F.S., relating to
127	adoption of changes to training requirements; updating
128	terminology; amending s. 464.0196, F.S., relating to nurse
129	educator appointments; prescribing appointing authorities
130	for the Florida Center for Nursing board; amending s.
131	489.103, F.S., relating to exemptions for purposes of
132	construction contracting; updating terminology; amending
133	s. 489.503, F.S., relating to exemptions for purposes of
134	electrical and alarm system contracting; updating
135	terminology; amending s. 553.71, F.S., relating to
136	definitions for purposes of the Florida Building Code;
137	conforming terminology relating to education boards;
138	amending ss. 627.06281 and 627.06292, F.S., relating to
139	hurricane loss data; updating terminology; amending s.
140	633.01, F.S., relating to the State Fire Marshal;
141	conforming cross-references; amending s. 650.03, F.S.,
142	relating to federal-state agreement; updating terminology;
143	amending s. 943.1755, F.S., relating to the Florida
144	Criminal Justice Executive Institute; updating
145	terminology; amending s. 1000.01, F.S.; providing for
146	certain transfers; amending s. 1000.03, F.S., relating to
147	the function, mission, and goals of the Florida K-20
148	education system; deleting duplicative provisions;
149	limiting oversight authority over state university matters
150	to the Board of Governors; amending s. 1000.05, F.S.;
151	assigning responsibilities for implementation of equal
152	opportunity policies to the Commissioner of Education and
153	State Board of Education and to the Board of Governors;
154	limiting the functions of the Office of Equal Educational
155	Opportunity to those relating to school districts and
156	community colleges; amending s. 1000.21, F.S.; defining
157	"Board of Governors" as used in the education code;
158	amending s. 1001.02, F.S.; revising powers and duties of
159	the State Board of Education to include working in
160	consultation with the Board of Governors on certain
161	matters; providing for exceptions; prohibiting the State
162	Board of Education from amending a specified budget
163	request; prohibiting amendment of certain fixed capital
164	outlay lists; deleting certain responsibilities relating
165	to state universities; revising reporting requirements
166	relating to financial aid; conforming provisions; amending
167	s. 1001.03, F.S.; providing exceptions regarding State
168	Board of Education enforcement authority; requiring
169	working in conjunction with the Board of Governors on
170	certain matters; deleting State Board of Education review
171	of state university academic programs; amending s.
172	1001.10, F.S.; providing duties of the Commissioner of
173	Education relating to expenditures of the Board of
174	Governors in the K-20 budget; revising reporting
175	requirements; amending s. 1001.11, F.S.; requiring annual
176	reporting by the Commissioner of Education; requiring the
177	Commissioner of Education to work with the Board of
178	Governors for allocation of funds for qualified
179	postsecondary projects; amending s. 1001.20, F.S.;
180	transferring responsibilities regarding determination of
181	need for investigations of state universities by the
182	Office of Inspector General; amending s. 1001.28, F.S.;
183	providing that Department of Education distance learning
184	duties do not alter duties of the Board of Governors;
185	amending s. 1001.64, F.S., relating to powers and duties
186	of community college boards of trustees; conforming a
187	cross-reference; amending s. 1001.70, F.S.; providing
188	authority of the Board of Governors; authorizing travel
189	and per diem; creating s. 1001.706, F.S., relating to
190	powers and duties of the Board of Governors; providing for
191	rulemaking; providing powers and duties relating to
192	organization and operation of state universities, finance,
193	accountability, personnel, property, compliance with laws
194	and rules, and cooperation with other education boards;
195	prohibiting assessment of a fee on universities; amending
196	s. 1001.71, F.S.; providing that the university boards of
197	trustees are part of the executive branch of state
198	government; deleting certain board member requirements;
199	amending s. 1001.72, F.S., relating to university boards
200	of trustees acting as corporations; amending s. 1001.73,
201	F.S., relating to university boards acting as trustees;
202	transferring responsibilities of the State Board of
203	Education to the Board of Governors; subjecting agreements
204	to requirements for the issuance of bonds and debt;
205	amending s. 1001.74, F.S.; revising powers and duties of
206	university boards of trustees relating to general
207	provisions for responsibility, organization and operation
208	of state universities, finance, accountability, personnel,
209	property, and compliance with laws and rules; amending s.
210	1002.35, F.S.; requiring the State Board of Education to
211	work in conjunction with the Board of Governors regarding
212	assignment of a university partner to the New World School
213	of the Arts; updating terminology; amending s. 1002.41,
214	F.S., relating to home education programs; conforming
215	provisions; amending s. 1004.03, F.S.; transferring
216	responsibilities for approval of new programs at state
217	universities from the State Board of Education to the
218	Board of Governors; amending s. 1004.04, F.S., relating to
219	accountability and approval for teacher preparation
220	programs; including the Board of Governors as a report
221	recipient; amending s. 1004.07, F.S., relating to student
222	withdrawal from courses due to military service; providing
223	for rules by the State Board of Education and Board of
224	Governors; amending s. 1004.21, F.S.; removing legislative
225	intent regarding state universities; providing that state
226	universities are part of the executive branch of state
227	government and administered by a board of trustees;
228	amending s. 1004.22, F.S., relating to divisions of
229	sponsored research at state universities; providing for
230	guidelines of the Board of Governors; transferring
231	responsibilities from the State Board of Education to the
232	Board of Governors; amending s. 1004.24, F.S; transferring
233	responsibilities relating to securing liability insurance
234	from the State Board of Education to the Board of
235	Governors or the board's designee; amending s. 1004.28,
236	F.S.; transferring responsibilities relating to duties of
237	direct-support organizations from the State Board of
238	Education to the Board of Governors; defining "property";
239	providing for rules; subjecting certain agreements to
240	requirements for issuance of bonds and debt; amending s.
241	1004.29, F.S.; transferring responsibilities relating to
242	university health services support organizations from the
243	State Board of Education to the Board of Governors;
244	providing for rules; amending s. 1004.35, F.S.; including
245	the Board of Governors in consultations regarding
246	coordination of course offerings; amending s. 1004.36,
247	F.S.; transferring responsibilities relating to
248	comprehensive master plans from the State Board of
249	Education to the Board of Governors; amending s. 1004.39,
250	F.S.; transferring responsibilities relating to the
251	college of law at Florida International University from
252	the State Board of Education to the Board of Governors;
253	deleting obsolete provisions; amending s. 1004.40, F.S.;
254	transferring responsibilities relating to the college of
255	law at Florida Agricultural and Mechanical University from
256	the State Board of Education to the Board of Governors;
257	deleting obsolete provisions; amending s. 1004.41, F.S.,
258	relating to the J. Hillis Miller Health Center at the
259	University of Florida; authorizing the University of
260	Florida Board of Trustees to utilize certain revenues;
261	amending s. 1004.43, F.S.; transferring responsibilities
262	relating to the H. Lee Moffitt Cancer Center and Research
263	Institute from the State Board of Education to the Board
264	of Governors; amending s. 1004.435, F.S.; transferring
265	responsibilities relating to cancer control from the State
266	Board of Education to the Board of Governors; revising
267	membership of the Florida Cancer Control and Research
268	Council; amending s. 1004.445, F.S.; transferring
269	responsibilities relating to the Johnnie B. Byrd, Sr.,
270	Alzheimer's Center and Research Institute from the State
271	Board of Education to the Board of Governors; amending s.
272	1004.447, F.S.; requiring annual reporting to the Board of
273	Governors; amending s. 1004.47, F.S.; updating terminology
274	relating to solid and hazardous waste management research;
275	amending s. 1004.58, F.S.; including the Board of
276	Governors as a report recipient; providing for the
277	Chancellor of the State University System to serve as a
278	member of the board and to staff the board; amending s.
279	1005.03, F.S., relating to the designation "college" or
280	"university"; deleting obsolete terminology; amending s.
281	1005.06, F.S., relating to institutions not under the
282	jurisdiction of the Commission for Independent Education;
283	deleting obsolete terminology; amending s. 1005.22, F.S.;
284	removing an obsolete reference; amending s. 1006.53, F.S.;
285	removing references to State Board of Education rules for
286	religious observances; amending s. 1006.60, F.S.;
287	including rules of the Board of Governors relating to
288	codes of conduct; amending s. 1006.61, F.S.; including
289	policies of the Board of Governors relating to disruptive
290	student activities; amending s. 1006.62, F.S.; including
291	rules of the Board of Governors relating to expulsion and
292	discipline of students; amending s. 1006.65, F.S.;
293	requiring the Board of Governors to adopt rules for state
294	universities relating to safety issues; amending s.
295	1006.71, F.S., relating to gender equity in
296	intercollegiate athletics; transferring responsibilities
297	relating to state universities from the Commissioner of
298	Education and State Board of Education to the Chancellor
299	of the State University System and Board of Governors;
300	adding the Legislature to the list of recipients of annual
301	assessments; amending s. 1007.01, F.S.; requiring
302	recommendations to the Legislature relating to
303	articulation; amending s. 1007.22, F.S.; encouraging
304	boards to establish programs to maximize articulation;
305	amending s. 1007.23, F.S.; requiring the State Board of
306	Education in consultation with the Board of Governors to
307	establish in rule a statewide articulation agreement;
308	revising provisions relating to admissions; amending s.
309	1007.24, F.S., relating to the statewide course numbering
310	system; requiring the Commissioner of Education in
311	conjunction with the chancellor, to perform certain
312	duties; requiring the Department of Education in
313	conjunction with the Board of Governors to perform certain
314	duties; requiring the State Board of Education to approve
315	course level with input from the Board of Governors;
316	amending s. 1007.25, F.S., relating to general education
317	courses, common prerequisites, and other degree
318	requirements; transferring responsibilities relating to
319	state universities from the State Board of Education to
320	the Board of Governors; amending s. 1007.2615, F.S.,
321	relating to acceptance of American Sign Language credits
322	as foreign language credits; conforming provisions;
323	amending s. 1007.262, F.S., relating to foreign language
324	competence and equivalence determinations; conforming
325	provisions; providing an exemption; amending s. 1007.264,
326	F.S., relating to admission of impaired and learning
327	disabled persons to postsecondary educational
328	institutions; transferring responsibilities relating to
329	state universities from the State Board of Education to
330	the Board of Governors; providing for consultation between
331	Board of Governors and State Board of Education; amending
332	s. 1007.265, F.S., relating to graduation, study program
333	admission, and upper-division entry for impaired and
334	learning disabled persons; transferring responsibilities
335	relating to state universities from the State Board of
336	Education to the Board of Governors; providing for
337	consultation between Board of Governors and State Board of
338	Education; amending s. 1007.27, F.S., relating to
339	articulated acceleration mechanisms and the statewide
340	articulation agreement; conforming provisions; deleting
341	obsolete provisions; amending s. 1007.28, F.S.;
342	transferring requirement for establishment and maintenance
343	of a computer-assisted student advising system from the
344	State Board of Education to the Department of Education in
345	conjunction with the Board of Governors; requiring the
346	State Board of Education and the Board of Governors to
347	specify roles and responsibilities relating to the system;
348	amending s. 1007.33, F.S., relating to site-determined
349	baccalaureate degree access; conforming provisions;
350	amending s. 1008.29, F.S., relating to the college-level
351	communication and mathematics skills examination (CLAST);
352	requiring the State Board of Education in conjunction with
353	the Board of Governors to establish minimum passing scores
354	and identify coursework to satisfy testing requirements;
355	authorizing the Board of Governors to set certain
356	examination fees; amending s. 1008.30, F.S., relating to
357	common placement testing; requiring public postsecondary
358	educational institutions to provide certain modifications
359	for students with disabilities; requiring the State Board
360	of Education in conjunction with the Board of Governors to
361	implement the common placement test and specify certain
362	college-preparatory requirements; amending s. 1008.32,
363	F.S.; limiting State Board of Education oversight
364	enforcement authority to school districts and community
365	colleges and their respective boards; amending s.
366	1008.345, F.S.; conforming provisions relating to
367	implementation of the state system of school improvement
368	and education accountability; requiring State Board of
369	Education and Board of Governors approval of CLAST skills
370	and certain assessments; including the Board of Governors
371	as a recipient of certain information; amending s.
372	1008.37, F.S., relating to postsecondary feedback of
373	information to high schools; removing State Board of
374	Education rulemaking; requiring the Commissioner of
375	Education to report to the Board of Governors; amending s.
376	1008.38, F.S., relating to the articulation accountability
377	process; requiring the State Board of Education in
378	conjunction with the Board of Governors to establish an
379	articulation accountability process; amending s. 1008.45,
380	F.S., relating to the community college accountability
381	process; conforming provisions; amending s. 1008.46, F.S.;
382	transferring responsibilities relating to the state
383	university accountability process from the State Board of
384	Education to the Board of Governors; amending s. 1009.01,
385	F.S.; revising definition of "out-of-state fee"; amending
386	s. 1009.21, F.S., relating to determination of resident
387	status for tuition purposes; modifying State Board of
388	Education rulemaking; authorizing rulemaking by the Board
389	of Governors; amending s. 1009.24, F.S.; revising
390	provisions relating to state university tuition and fees;
391	providing guidelines and requirements for the
392	establishment of fees; updating terminology; providing
393	that a state university may not charge any fee except as
394	specifically authorized by law; amending s. 1009.26, F.S.;
395	transferring responsibilities relating to state university
396	fee waivers from the State Board of Education to the Board
397	of Governors; authorizing university boards of trustees to
398	waive tuition and out-of-state fees under certain
399	conditions; amending s. 1009.27, F.S., relating to
400	deferral of fees; removing State Board of Education
401	rulemaking; amending s. 1009.285, F.S., relating to fees
402	for repeated enrollment in college-credit courses;
403	deleting reference to definitions and fee levels
404	established by the State Board of Education; amending s.
405	1009.29, F.S., relating to increased fees for funding
406	financial aid programs; correcting a reference; amending
407	s. 1009.40, F.S., relating to general requirements for
408	student eligibility for state financial aid; conforming
409	provisions relating to tuition assistance grants; amending
410	s. 1009.90, F.S.; including the Board of Governors with
411	respect to Department of Education duties relating to
412	student financial aid; amending s. 1009.91, F.S.;
413	requiring state university student loan information to be
414	reported annually to the Board of Governors; amending s.
415	1009.971, F.S., relating to the Florida Prepaid College
416	Board; updating terminology; amending s. 1010.01, F.S.,
417	relating to uniform records and accounts; transferring
418	responsibilities relating to state universities from the
419	State Board of Education to the Board of Governors;
420	requiring a uniform classification of accounts; requiring
421	state universities to file financial statements; amending
422	s. 1010.011, F.S.; revising a definition for purposes of
423	financial matters; amending s. 1010.02, F.S., relating to
424	financial accounting and expenditure; transferring
425	responsibilities relating to state universities from the
426	State Board of Education to the Board of Governors;
427	amending s. 1010.04, F.S., relating to purchasing;
428	transferring responsibilities relating to state
429	universities from the State Board of Education to the
430	Board of Governors; amending s. 1010.07, F.S., relating to
431	bonds and insurance; transferring responsibilities
432	relating to state universities from the State Board of
433	Education to the Board of Governors; amending s. 1010.09,
434	F.S., relating to direct-support organizations;
435	transferring responsibilities relating to state
436	universities from the State Board of Education to the
437	Board of Governors; amending s. 1010.30, F.S., relating to
438	audits; transferring supervision of state universities
439	from the State Board of Education to the Board of
440	Governors; amending s. 1011.01, F.S.; transferring budget
441	responsibilities relating to state universities from the
442	State Board of Education to the Board of Governors;
443	requiring coordination; amending s. 1011.011, F.S.;
444	requiring the State Board of Education in conjunction with
445	the Board of Governors to submit legislative capital
446	outlay budget requests for state universities; amending s.
447	1011.40, F.S.; transferring state university budget
448	responsibilities from the State Board of Education to the
449	Board of Governors; amending s. 1011.41, F.S.; requiring
450	compliance with certain tuition and fee policies for
451	receipt of state university appropriations; amending s.
452	1011.4106, F.S.; providing requirements for the
453	expenditure of tuition and fee revenues from local
454	accounts; providing for deposit into the State Treasury
455	under certain conditions; amending s. 1011.411, F.S.,
456	relating to budgets for sponsored research at
457	universities; conforming a cross-reference; amending s.
458	1011.48, F.S.; transferring responsibilities for
459	educational research centers for child development from
460	the State Board of Education to the Board of Governors;
461	amending s. 1011.82, F.S., relating to requirements for
462	participation in the Community College Program Fund;
463	conforming a cross-reference; amending s. 1011.90, F.S.;
464	transferring state university funding responsibilities
465	from the State Board of Education to the Board of
466	Governors; amending s. 1011.91, F.S.; transferring certain
467	responsibilities relating to additional appropriations;
468	amending s. 1012.01, F.S.; limiting definitions for
469	purposes of personnel; amending s. 1012.80, F.S.;
470	transferring responsibilities relating to employee
471	disruptive activities at state universities from the State
472	Board of Education to the Board of Governors; amending s.
473	1012.801, F.S., relating to State University System
474	employees; updating terminology; amending s. 1012.93,
475	F.S.; authorizing evaluation of faculty proficiency in
476	English through a test approved by the Board of Governors;
477	amending s. 1012.98, F.S.; deleting obsolete provisions
478	relating to professional development programs; amending s.
479	1013.01, F.S.; excluding the Board of Governors from the
480	definition of "board" for purposes of educational
481	facilities; amending s. 1013.02, F.S.; transferring
482	rulemaking authority relating to state university
483	educational facilities from the State Board of Education
484	to the Board of Governors; amending s. 1013.03, F.S.;
485	providing functions of the Board of Governors relating to
486	state university educational facilities; revising
487	provisions relating to submission of data; deleting
488	obsolete provisions; amending s. 1013.11, F.S.; providing
489	for the Chancellor of the State University System to
490	receive reports; amending s. 1013.12, F.S.; requiring
491	state university firesafety inspections to comply with
492	rules of the Board of Governors; revising recipients of an
493	annual report; amending s. 1013.15, F.S.; subjecting lease
494	or lease-purchase agreements to requirements for issuance
495	of bonds and debt; amending s. 1013.16, F.S.; subjecting
496	leases executed by a university board of trustees to
497	requirements for issuance of bonds and debt; amending s.
498	1013.17, F.S.; transferring responsibilities relating to
499	university leasing in affiliated research and development
500	parks from the State Board of Education to the Board of
501	Governors; subjecting leases to requirements for issuance
502	of bonds and debt; amending s. 1013.171, F.S.; authorizing
503	each university board of trustees to enter into certain
504	lease agreements; transferring systemwide strategic plan
505	adoption responsibilities from the State Board of
506	Education to the Board of Governors; subjecting agreements
507	to requirements for issuance of bonds and debt; amending
508	s. 1013.19, F.S.; subjecting certain contracts executed by
509	a university board of trustees to requirements for the
510	issuance of bonds and debt; amending s. 1013.25, F.S.;
511	requiring approval of the Administration Commission to
512	exercise the power of eminent domain; amending s. 1013.28,
513	F.S.; requiring state university disposal of property
514	according to rules of the Board of Governors or the Board
515	of Trustees for the Florida School for the Deaf and the
516	Blind; amending s. 1013.31, F.S.; providing Department of
517	Education duties relating to educational plant surveys and
518	PECO funding; removing State Board of Education
519	rulemaking; updating terminology and making technical
520	changes; providing duties of the Chancellor of the State
521	University System; requiring approval of state university
522	educational plant surveys by the Board of Governors;
523	amending s. 1013.46, F.S.; deleting State Board of
524	Education rulemaking for prequalification of bidders;
525	amending s. 1013.47, F.S.; including rules of the Board of
526	Governors with respect to contracts for construction of
527	educational facilities; amending s. 1013.52, F.S.;
528	requiring the Board of Governors' or the Chancellor of the
529	State University System's review and approval for state
530	university joint-use facilities proposals; amending s.
531	1013.60, F.S.; requiring that state university capital
532	outlay budget request information approved by the Board of
533	Governors be submitted to the Commissioner of Education;
534	amending s. 1013.64, F.S.; requiring the Board of
535	Governors to submit a 3-year priority list for
536	universities; transferring responsibilities for state
537	university funds for comprehensive educational plant needs
538	from the State Board of Education to the Board of
539	Governors; amending s. 1013.65, F.S.; requiring copies of
540	capital outlay allocations to be provided to the Board of
541	Governors; amending s. 1013.74, F.S.; deleting a cross-
542	reference; transferring responsibilities relating to state
543	university fixed capital outlay projects from the State
544	Board of Education to the Board of Governors; subjecting
545	projects to requirements for issuance of bonds and debt;
546	amending s. 1013.78, F.S.; providing an exception relating
547	to legislative approval for university-related facility
548	acquisitions; repealing s. 186.805, F.S., relating to the
549	Data Bank on Older Floridians; repealing s. 1004.54, F.S.,
550	relating to the Learning Development and Evaluation
551	Center; repealing s. 741.03055, F.S., relating to review
552	of premarital preparation courses, pilot programs, and
553	questionnaire and curriculum; repealing s. 741.03056,
554	F.S., relating to an informational questionnaire;
555	repealing s. 1001.75, F.S., relating to powers and duties
556	of state university presidents; repealing s. 1007.261,
557	F.S., relating to state university admission of students;
558	repealing s. 1007.31, F.S., relating to limited access
559	programs; repealing s. 1007.32, F.S., relating to transfer
560	students; repealing s. 1008.51, F.S., relating to the
561	Council for Education Policy Research and Improvement;
562	repealing s. 1011.4105, F.S., relating to transition from
563	the state accounting system (FLAIR) to the university
564	accounting system; repealing s. 1012.92, F.S., relating to
565	personnel codes of conduct, disciplinary measures, and
566	rulemaking authority; repealing s. 1012.94, F.S., relating
567	to evaluations of faculty members; repealing s. 1012.95,
568	F.S., relating to university employment equity
569	accountability programs; providing an effective date.
570
571	Be It Enacted by the Legislature of the State of Florida:
572
573	Section 1.  Paragraph (a) of subsection (1) of section
574	20.055, Florida Statutes, is amended to read:
575	20.055  Agency inspectors general.--
576	(1)  For the purposes of this section:
577	(a)  "State agency" means each department created pursuant
578	to this chapter, and also includes the Executive Office of the
579	Governor, the Department of Military Affairs, the Fish and
580	Wildlife Conservation Commission, the Office of Insurance
581	Regulation of the Financial Services Commission, the Office of
582	Financial Regulation of the Financial Services Commission, the
583	Public Service Commission, the Board of Governors of the State
584	University System, and the state courts system.
585	Section 2.  Paragraphs (d) and (e) of subsection (3) of
586	section 20.15, Florida Statutes, are redesignated as paragraphs
587	(c) and (d), respectively, present paragraph (c) of that
588	subsection and subsections (5) and (7) are amended, and
589	subsection (8) is added to that section, to read:
590	20.15  Department of Education.--There is created a
591	Department of Education.
592	(3)  DIVISIONS.--The following divisions of the Department
593	of Education are established:
594	(c)  Division of Colleges and Universities.
595	(5)  POWERS AND DUTIES.--The State Board of Education and
596	the Commissioner of Education, in consultation with the Board of
597	Governors of the State University System, the Commission for
598	Independent Education, and other education entities, shall
599	assign to the divisions such powers, duties, responsibilities,
600	and functions as are necessary to ensure the greatest possible
601	coordination, efficiency, and effectiveness of education for
602	students in K-20 education.
603	(7)  BOARDS.--Notwithstanding anything contained in law to
604	the contrary, all members of the university and community
605	college boards of trustees must be appointed according to
606	chapter 1001.
607	(8)  SUPPORT SERVICES.--The Department of Education shall
608	continue to provide support to the Board of Governors of the
609	State University System. At a minimum, support services provided
610	to the Board of Governors shall include accounting, printing,
611	computer and Internet support, personnel and human resources
612	support, support for accountability initiatives, and
613	administrative support as needed for trust funds under the
614	jurisdiction of the Board of Governors.
615	Section 3.  Section 20.155, Florida Statutes, is created to
616	read:
617	20.155  Board of Governors of the State University
618	System.--
619	(1)  GENERAL PROVISIONS.--The Board of Governors of the
620	State University System is established by the State Constitution
621	under s. 7, Art. IX and, accordingly, is granted rights and
622	privileges equal to those of departments established under this
623	chapter while preserving the Board of Governors' constitutional
624	designation and title.
625	(2)  HEAD OF THE BOARD.--The head of the Board of Governors
626	is the board with members appointed by the Governor as provided
627	for in s. 7, Art. IX of the State Constitution.
628	(3)  PERSONNEL.--The Board of Governors may appoint a
629	Chancellor to aid the board in the implementation of its
630	responsibilities.
631	(4)  POWERS AND DUTIES.--
632	(a)  The Board of Governors shall operate, regulate,
633	control, and be responsible for the management of the whole
634	State University System in accordance with s. 7, Art. IX of the
635	State Constitution and law.
636	(b)  The Board of Governors, in exercising its authority
637	under the State Constitution and statutes, shall do so in a
638	manner that supports, promotes, and enhances all of the
639	following:
640	1.  Affordable access to postsecondary educational
641	opportunities for Florida residents.
642	2.  Articulation among state universities and with public
643	schools and other postsecondary educational institutions.
644	3.  Fiscal responsibility.
645	4.  Accountability.
646	(5)  OFFICE OF INSPECTOR GENERAL.--An Office of Inspector
647	General shall be organized using existing resources and funds to
648	promote accountability, efficiency, and effectiveness and to
649	detect fraud and abuse within state universities. If the Board
650	of Governors determines that a state university board of
651	trustees is unwilling or unable to address substantiated
652	allegations made by any person relating to waste, fraud, or
653	financial mismanagement, the office shall conduct, coordinate,
654	or request investigations into substantiated allegations made by
655	any person relating to waste, fraud, or financial mismanagement
656	within a state university. The office shall have access to all
657	information and personnel necessary to perform its duties and
658	shall have all of its current powers, duties, and
659	responsibilities authorized in s. 20.055.
660	Section 4.  Subsection (1) of section 23.21, Florida
661	Statutes, is amended to read:
662	23.21  Definitions.--For purposes of this part:
663	(1)  "Department" means a principal administrative unit
664	within the executive branch of state government, as defined in
665	chapter 20, and includes the State Board of Administration, the
666	Executive Office of the Governor, the Fish and Wildlife
667	Conservation Commission, the Parole Commission, the Agency for
668	Health Care Administration, the Board of Regents, the State
669	Board of Education Community Colleges, the Board of Governors of
670	the State University System, the Justice Administrative
671	Commission, the capital collateral regional counsel, and
672	separate budget entities placed for administrative purposes
673	within a department.
674	Section 5.  Paragraph (a) of subsection (6) of section
675	110.131, Florida Statutes, is amended to read:
676	110.131  Other-personal-services temporary employment.--
677	(6)(a)  The provisions of subsections (2), (3), and (4) do
678	not apply to any employee for whom the Board of Governors of the
679	State University System, or the board's designee, Regents or the
680	Board of Trustees of the Florida School for the Deaf and the
681	Blind is the employer as defined in s. 447.203(2); except that,
682	for purposes of subsection (5), the Board of Trustees of the
683	Florida School for the Deaf and the Blind shall comply with the
684	recordkeeping and reporting requirements adopted by the
685	department pursuant to subsection (3) with respect to those
686	other-personal-services employees exempted by this subsection.
687	Section 6.  Subsection (5) of section 110.181, Florida
688	Statutes, is amended to read:
689	110.181  Florida State Employees' Charitable Campaign.--
690	(5)  PARTICIPATION OF STATE UNIVERSITIES.--Each university
691	may elect to participate in the Florida State Employees'
692	Charitable Campaign, upon timely notice to the department. Each
693	university may also conduct annual charitable fundraising drives
694	for employees under the authority granted in ss. 1001.706 and s.
695	1001.74(19).
696	Section 7.  Paragraphs (e), (f), and (g) of subsection (13)
697	of section 112.0455, Florida Statutes, are redesignated as
698	paragraphs (d), (e), and (f), respectively, and paragraph (d) of
699	that subsection is amended to read:
700	112.0455  Drug-Free Workplace Act.--
701	(13)  RULES.--
702	(d)  The Board of Regents may adopt rules for the State
703	University System implementing this section.
704
705	This section shall not be construed to eliminate the bargainable
706	rights as provided in the collective bargaining process where
707	applicable.
708	Section 8.  Subsection (5) of section 112.19, Florida
709	Statutes, is amended to read:
710	112.19  Law enforcement, correctional, and correctional
711	probation officers; death benefits.--
712	(5)  The State Board Department of Education and the Board
713	of Governors, as appropriate, shall adopt rules and procedures
714	as are necessary to implement the educational benefits
715	provisions of this section.
716	Section 9.  Subsection (5) of section 112.191, Florida
717	Statutes, is amended to read:
718	112.191  Firefighters; death benefits.--
719	(5)  The State Board Department of Education and the Board
720	of Governors, as appropriate, shall adopt rules and procedures
721	as are necessary to implement the educational benefits
722	provisions of this section.
723	Section 10.  Paragraph (a) of subsection (9) of section
724	112.313, Florida Statutes, is amended to read:
725	112.313  Standards of conduct for public officers,
726	employees of agencies, and local government attorneys.--
727	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
728	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
729	(a)1.  It is the intent of the Legislature to implement by
730	statute the provisions of s. 8(e), Art. II of the State
731	Constitution relating to legislators, statewide elected
732	officers, appointed state officers, and designated public
733	employees.
734	2.  As used in this paragraph:
735	a.  "Employee" means:
736	(I)  Any person employed in the executive or legislative
737	branch of government holding a position in the Senior Management
738	Service as defined in s. 110.402 or any person holding a
739	position in the Selected Exempt Service as defined in s. 110.602
740	or any person having authority over policy or procurement
741	employed by the Department of the Lottery.
742	(II)  The Auditor General, the director of the Office of
743	Program Policy Analysis and Government Accountability, the
744	Sergeant at Arms and Secretary of the Senate, and the Sergeant
745	at Arms and Clerk of the House of Representatives.
746	(III)  The executive director of the Legislative Committee
747	on Intergovernmental Relations and the executive director and
748	deputy executive director of the Commission on Ethics.
749	(IV)  An executive director, staff director, or deputy
750	staff director of each joint committee, standing committee, or
751	select committee of the Legislature; an executive director,
752	staff director, executive assistant, analyst, or attorney of the
753	Office of the President of the Senate, the Office of the Speaker
754	of the House of Representatives, the Senate Majority Party
755	Office, Senate Minority Party Office, House Majority Party
756	Office, or House Minority Party Office; or any person, hired on
757	a contractual basis, having the power normally conferred upon
758	such persons, by whatever title.
759	(V)  The Chancellor and Vice Chancellors of the State
760	University System; the general counsel to the Board of Governors
761	of the State University System Regents; and the president,
762	provost, vice presidents, and deans of each state university.
763	(VI)  Any person, including an other-personal-services
764	employee, having the power normally conferred upon the positions
765	referenced in this sub-subparagraph.
766	b.  "Appointed state officer" means any member of an
767	appointive board, commission, committee, council, or authority
768	of the executive or legislative branch of state government whose
769	powers, jurisdiction, and authority are not solely advisory and
770	include the final determination or adjudication of any personal
771	or property rights, duties, or obligations, other than those
772	relative to its internal operations.
773	c.  "State agency" means an entity of the legislative,
774	executive, or judicial branch of state government over which the
775	Legislature exercises plenary budgetary and statutory control.
776	3.  No member of the Legislature, appointed state officer,
777	or statewide elected officer shall personally represent another
778	person or entity for compensation before the government body or
779	agency of which the individual was an officer or member for a
780	period of 2 years following vacation of office. No member of the
781	Legislature shall personally represent another person or entity
782	for compensation during his or her term of office before any
783	state agency other than judicial tribunals or in settlement
784	negotiations after the filing of a lawsuit.
785	4.  An agency employee, including an agency employee who
786	was employed on July 1, 2001, in a Career Service System
787	position that was transferred to the Selected Exempt Service
788	System under chapter 2001-43, Laws of Florida, may not
789	personally represent another person or entity for compensation
790	before the agency with which he or she was employed for a period
791	of 2 years following vacation of position, unless employed by
792	another agency of state government.
793	5.  Any person violating this paragraph shall be subject to
794	the penalties provided in s. 112.317 and a civil penalty of an
795	amount equal to the compensation which the person receives for
796	the prohibited conduct.
797	6.  This paragraph is not applicable to:
798	a.  A person employed by the Legislature or other agency
799	prior to July 1, 1989;
800	b.  A person who was employed by the Legislature or other
801	agency on July 1, 1989, whether or not the person was a defined
802	employee on July 1, 1989;
803	c.  A person who was a defined employee of the State
804	University System or the Public Service Commission who held such
805	employment on December 31, 1994;
806	d.  A person who has reached normal retirement age as
807	defined in s. 121.021(29), and who has retired under the
808	provisions of chapter 121 by July 1, 1991; or
809	e.  Any appointed state officer whose term of office began
810	before January 1, 1995, unless reappointed to that office on or
811	after January 1, 1995.
812	Section 11.  Paragraph (a) of subsection (1) of section
813	112.3135, Florida Statutes, is amended to read:
814	112.3135  Restriction on employment of relatives.--
815	(1)  In this section, unless the context otherwise
816	requires:
817	(a)  "Agency" means:
818	1.  A state agency, except an institution under the
819	jurisdiction of the Board of Governors of the State University
820	System Division of Universities of the Department of Education;
821	2.  An office, agency, or other establishment in the
822	legislative branch;
823	3.  An office, agency, or other establishment in the
824	judicial branch;
825	4.  A county;
826	5.  A city; and
827	6.  Any other political subdivision of the state, except a
828	district school board or community college district.
829	Section 12.  Paragraph (c) of subsection (1) of section
830	112.3145, Florida Statutes, is amended to read:
831	112.3145  Disclosure of financial interests and clients
832	represented before agencies.--
833	(1)  For purposes of this section, unless the context
834	otherwise requires, the term:
835	(c)  "State officer" means:
836	1.  Any elected public officer, excluding those elected to
837	the United States Senate and House of Representatives, not
838	covered elsewhere in this part and any person who is appointed
839	to fill a vacancy for an unexpired term in such an elective
840	office.
841	2.  An appointed member of each board, commission,
842	authority, or council having statewide jurisdiction, excluding a
843	member of an advisory body.
844	3.  A member of the Board of Governors of the State
845	University System or a state university board of trustees
846	Regents, the Chancellor and Vice Chancellors of the State
847	University System, and the president of a state university.
848	4.  A member of the judicial nominating commission for any
849	district court of appeal or any judicial circuit.
850	Section 13.  Paragraph (b) of subsection (1) and subsection
851	(6) of section 120.52, Florida Statutes, are amended to read:
852	120.52  Definitions.--As used in this act:
853	(1)  "Agency" means:
854	(b)  Each:
855	1.  State officer and state department, and each
856	departmental unit described in s. 20.04.
857	2.  Authority, including a regional water supply authority.
858	3.  Board, including the Board of Governors of the State
859	University System and a state university board of trustees when
860	acting pursuant to statutory authority derived from the
861	Legislature.
862	4.  Commission, including the Commission on Ethics and the
863	Fish and Wildlife Conservation Commission when acting pursuant
864	to statutory authority derived from the Legislature.
865	5.  Regional planning agency.
866	6.  Multicounty special district with a majority of its
867	governing board comprised of nonelected persons.
868	7.  Educational units.
869	8.  Entity described in chapters 163, 373, 380, and 582 and
870	s. 186.504.
871
872	This definition does not include any legal entity or agency
873	created in whole or in part pursuant to chapter 361, part II,
874	any metropolitan planning organization created pursuant to s.
875	339.175, any separate legal or administrative entity created
876	pursuant to s. 339.175 of which a metropolitan planning
877	organization is a member, an expressway authority pursuant to
878	chapter 348, any legal or administrative entity created by an
879	interlocal agreement pursuant to s. 163.01(7), unless any party
880	to such agreement is otherwise an agency as defined in this
881	subsection, or any multicounty special district with a majority
882	of its governing board comprised of elected persons; however,
883	this definition shall include a regional water supply authority.
884	(6)  "Educational unit" means a local school district, a
885	community college district, the Florida School for the Deaf and
886	the Blind, or a state university when the university is acting
887	pursuant to statutory authority derived from the Legislature.
888	Section 14.  Subsection (11) of section 120.65, Florida
889	Statutes, is amended to read:
890	120.65  Administrative law judges.--
891	(11)  The division shall be reimbursed for administrative
892	law judge services and travel expenses by the following
893	entities: water management districts, regional planning
894	councils, school districts, community colleges, the Division of
895	Community Colleges, state universities, the Board of Governors
896	of the State University System, the State Board of Education,
897	the Florida School for the Deaf and the Blind, and the
898	Commission for Independent Education. These entities shall
899	contract with the division to establish a contract rate for
900	services and provisions for reimbursement of administrative law
901	judge travel expenses and video teleconferencing expenses
902	attributable to hearings conducted on behalf of these entities.
903	The contract rate must be based on a total-cost-recovery
904	methodology.
905	Section 15.  Paragraph (b) of subsection (22) of section
906	121.021, Florida Statutes, is amended to read:
907	121.021  Definitions.--The following words and phrases as
908	used in this chapter have the respective meanings set forth
909	unless a different meaning is plainly required by the context:
910	(22)  "Compensation" means the monthly salary paid a member
911	by his or her employer for work performed arising from that
912	employment.
913	(b)  Under no circumstances shall compensation include:
914	1.  Fees paid professional persons for special or
915	particular services or include salary payments made from a
916	faculty practice plan authorized by the Board of Governors of
917	the State University System operated by rule of the Board of
918	Regents for eligible clinical faculty at a state university with
919	a faculty practice plan the University of Florida and the
920	University of South Florida; or
921	2.  Any bonuses or other payments prohibited from inclusion
922	in the member's average final compensation and defined in
923	subsection (47).
924	Section 16.  Paragraphs (b) and (d) of subsection (2) and
925	paragraphs (a) and (b) of subsection (6) of section 121.35,
926	Florida Statutes, are amended to read:
927	121.35  Optional retirement program for the State
928	University System.--
929	(2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.--
930	(b)  For purposes of this section, both the appointees and
931	employees are referred to as "employees," and the "employer" of
932	an appointee or employee is the individual institution within
933	the State University System or the Board of Governors of the
934	State University System State Board of Education, whichever is
935	appropriate with respect to the particular employee or
936	appointee.
937	(d)  For purposes of this section, the authority granted to
938	the Board of Governors of the State University System State
939	Board of Education may be exercised by the Board of Governors or
940	by the Chancellor of the State University System Division of
941	Colleges and Universities.
942	(6)  ADMINISTRATION OF PROGRAM.--
943	(a)  The optional retirement program authorized by this
944	section shall be administered by the department. The department
945	shall adopt rules establishing the responsibilities of the State
946	Board of Education and institutions in the State University
947	System in administering the optional retirement program. The
948	Board of Regents State Board of Education shall, no more than 90
949	days after July 1, 1983, submit to the department its
950	recommendations for the contracts to be offered by the companies
951	chosen by the department. Effective July 1, 2001, the State
952	Board of Education shall submit to the department its
953	recommendations for the contracts to be offered by the companies
954	chosen by the department. Effective July 1, 2007, the Board of
955	Governors of the State University System shall submit
956	recommendations on contracts within 90 days after request by the
957	department. The recommendations of the board shall include the
958	following:
959	1.  The nature and extent of the rights and benefits in
960	relation to the required contributions; and
961	2.  The suitability of the rights and benefits to the needs
962	of the participants and the interests of the institutions in the
963	recruitment and retention of eligible employees.
964	(b)  After receiving and considering the recommendations of
965	the Board of Governors of the State University System State
966	Board of Education, the department shall designate no more than
967	five companies from which contracts may be purchased under the
968	program and shall approve the form and content of the optional
969	retirement program contracts. Any domestic company that has been
970	designated as of July 1, 2005, shall be included in the five
971	companies until expiration of its existing contract with the
972	department. The domestic company may assign its contract with
973	the department to an affiliated qualified company that is wholly
974	owned by the domestic company's parent company and has assumed
975	100 percent of the responsibility for the contracts purchased
976	from the domestic company.
977	Section 17.  Subsection (1) of section 159.703, Florida
978	Statutes, is amended to read:
979	159.703  Creation of research and development
980	authorities.--
981	(1)  Subject to the provisions of this part, each county or
982	group of counties may create by ordinance a local governmental
983	body as a public body corporate and politic to be known as
984	"_____ Research and Development Authority," hereafter referred
985	to as "authority" or "authorities." Each of the authorities is
986	constituted as a public instrumentality for the purposes of
987	development, operation, management, and financing of a research
988	and development park, and the exercise by an authority of the
989	powers conferred by ss. 159.701-159.7095 shall be deemed and
990	held to be the performance of an essential public purpose and
991	function. However, no authority created on or after July 1, 2007
992	July 7, 1988, shall transact any business or exercise any power
993	hereunder until and unless the Board of Governors of the State
994	University System Board of Regents has designated the authority
995	pursuant to the requirements of s. 159.704.
996	Section 18.  Subsections (1) and (3) of section 159.704,
997	Florida Statutes, are amended to read:
998	159.704  Designation by Board of Governors of the State
999	University System Board of Regents; procedure.--
1000	(1)  The authority shall prepare and submit to the Board of
1001	Governors of the State University System Board of Regents a
1002	petition requesting that the authority be designated a research
1003	and development authority.
1004	(3)  Upon approval of the petition and designation as a
1005	research and development authority by the Board of Governors of
1006	the State University System Board of Regents, the authority
1007	shall be empowered to transact any business and exercise any
1008	power authorized by ss. 159.701-159.7095 for the purposes set
1009	out in such sections.
1010	Section 19.  Section 159.706, Florida Statutes, is amended
1011	to read:
1012	159.706  Grandfather clause.--Each county designated as a
1013	research and development authority on June 30, 1979, or
1014	designated by the Board of Regents as a research and development
1015	authority prior to July 1, 2001, shall be entitled to continue
1016	to be designated and shall be accorded all powers conferred to
1017	designated authorities by ss. 159.701-159.7095, except that any
1018	authority not constituted and designated under the provisions of
1019	ss. 159.701-159.7095 shall be prohibited from exercising any
1020	power to issue revenue bonds or other debt obligations pursuant
1021	to s. 159.705(6) and (7).
1022	Section 20.  Paragraph (b) of subsection (2) of section
1023	211.3103, Florida Statutes, is amended to read:
1024	211.3103  Levy of tax on severance of phosphate rock; rate,
1025	basis, and distribution of tax.--
1026	(2)  Beginning July 1, 2003, the proceeds of all taxes,
1027	interest, and penalties imposed under this section shall be paid
1028	into the State Treasury as follows:
1029	(b)  The remaining revenues collected from the tax during
1030	that fiscal year, after the required payment under paragraph
1031	(a), shall be paid into the State Treasury as follows:
1032	1.  For payment to counties in proportion to the number of
1033	tons of phosphate rock produced from a phosphate rock matrix
1034	located within such political boundary, 18.75 percent. The
1035	department shall distribute this portion of the proceeds
1036	annually based on production information reported by the
1037	producers on the annual returns for the taxable year. Any such
1038	proceeds received by a county shall be used only for phosphate-
1039	related expenses.
1040	2.  For payment to counties that have been designated a
1041	rural area of critical economic concern pursuant to s. 288.0656
1042	in proportion to the number of tons of phosphate rock produced
1043	from a phosphate rock matrix located within such political
1044	boundary, 15 percent. The department shall distribute this
1045	portion of the proceeds annually based on production information
1046	reported by the producers on the annual returns for the taxable
1047	year.
1048	3.  To the credit of the Phosphate Research Trust Fund in
1049	the Department of Education, Division of Universities, 11.25
1050	percent.
1051	4.  To the credit of the Minerals Trust Fund, 11.25
1052	percent.
1053	5.  To the credit of the Nonmandatory Land Reclamation
1054	Trust Fund, 43.75 percent.
1055	Section 21.  Subsection (2) of section 215.16, Florida
1056	Statutes, is amended to read:
1057	215.16  Appropriations from General Revenue Fund for public
1058	schools, state institutions of higher learning, and community
1059	colleges; reduction.--
1060	(2)  If the state appropriations from the General Revenue
1061	Fund for the benefit of the uniform system of public free
1062	schools, state institutions of higher learning, and community
1063	colleges cannot be paid in full during any given year, they
1064	shall be diminished only in the same proportion that
1065	appropriations for all other purposes from the General Revenue
1066	Fund are diminished during such year. Additionally, any funding
1067	reductions to public free schools, state institutions of higher
1068	learning, and community colleges shall be diminished in
1069	proportions identical to one another. For the purpose of
1070	implementing this section, general revenue funds exclude the
1071	administrative budgets of the Board of Governors and the
1072	Department of Education. provided for public free schools, state
1073	institutions of higher learning, and community colleges shall be
1074	restricted to general revenue funds appropriated for the
1075	Division of Public Schools and Community Education, the Division
1076	of Workforce Development, the Division of Universities,
1077	excluding the general office of the Board of Regents, and the
1078	Division of Community Colleges, excluding the division office.
1079	Section 22.  Paragraph (b) of subsection (2) of section
1080	215.32, Florida Statutes, is amended to read:
1081	215.32  State funds; segregation.--
1082	(2)  The source and use of each of these funds shall be as
1083	follows:
1084	(b)1.  The trust funds shall consist of moneys received by
1085	the state which under law or under trust agreement are
1086	segregated for a purpose authorized by law. The state agency or
1087	branch of state government receiving or collecting such moneys
1088	shall be responsible for their proper expenditure as provided by
1089	law. Upon the request of the state agency or branch of state
1090	government responsible for the administration of the trust fund,
1091	the Chief Financial Officer may establish accounts within the
1092	trust fund at a level considered necessary for proper
1093	accountability. Once an account is established within a trust
1094	fund, the Chief Financial Officer may authorize payment from
1095	that account only upon determining that there is sufficient cash
1096	and releases at the level of the account.
1097	2.  In addition to other trust funds created by law, to the
1098	extent possible, each agency shall use the following trust funds
1099	as described in this subparagraph for day-to-day operations:
1100	a.  Operations or operating trust fund, for use as a
1101	depository for funds to be used for program operations funded by
1102	program revenues, with the exception of administrative
1103	activities when the operations or operating trust fund is a
1104	proprietary fund.
1105	b.  Operations and maintenance trust fund, for use as a
1106	depository for client services funded by third-party payors.
1107	c.  Administrative trust fund, for use as a depository for
1108	funds to be used for management activities that are departmental
1109	in nature and funded by indirect cost earnings and assessments
1110	against trust funds. Proprietary funds are excluded from the
1111	requirement of using an administrative trust fund.
1112	d.  Grants and donations trust fund, for use as a
1113	depository for funds to be used for allowable grant or donor
1114	agreement activities funded by restricted contractual revenue
1115	from private and public nonfederal sources.
1116	e.  Agency working capital trust fund, for use as a
1117	depository for funds to be used pursuant to s. 216.272.
1118	f.  Clearing funds trust fund, for use as a depository for
1119	funds to account for collections pending distribution to lawful
1120	recipients.
1121	g.  Federal grant trust fund, for use as a depository for
1122	funds to be used for allowable grant activities funded by
1123	restricted program revenues from federal sources.
1124
1125	To the extent possible, each agency must adjust its internal
1126	accounting to use existing trust funds consistent with the
1127	requirements of this subparagraph. If an agency does not have
1128	trust funds listed in this subparagraph and cannot make such
1129	adjustment, the agency must recommend the creation of the
1130	necessary trust funds to the Legislature no later than the next
1131	scheduled review of the agency's trust funds pursuant to s.
1132	215.3206.
1133	3.  All such moneys are hereby appropriated to be expended
1134	in accordance with the law or trust agreement under which they
1135	were received, subject always to the provisions of chapter 216
1136	relating to the appropriation of funds and to the applicable
1137	laws relating to the deposit or expenditure of moneys in the
1138	State Treasury.
1139	4.a.  Notwithstanding any provision of law restricting the
1140	use of trust funds to specific purposes, unappropriated cash
1141	balances from selected trust funds may be authorized by the
1142	Legislature for transfer to the Budget Stabilization Fund and
1143	General Revenue Fund in the General Appropriations Act.
1144	b.  This subparagraph does not apply to trust funds
1145	required by federal programs or mandates; trust funds
1146	established for bond covenants, indentures, or resolutions whose
1147	revenues are legally pledged by the state or public body to meet
1148	debt service or other financial requirements of any debt
1149	obligations of the state or any public body; the State
1150	Transportation Trust Fund; the trust fund containing the net
1151	annual proceeds from the Florida Education Lotteries; the
1152	Florida Retirement System Trust Fund; trust funds under the
1153	management of the State Board of Education or the Board of
1154	Governors of the State University System, where such trust funds
1155	are for auxiliary enterprises, self-insurance, and contracts,
1156	grants, and donations, as those terms are defined by general
1157	law; trust funds that serve as clearing funds or accounts for
1158	the Chief Financial Officer or state agencies; trust funds that
1159	account for assets held by the state in a trustee capacity as an
1160	agent or fiduciary for individuals, private organizations, or
1161	other governmental units; and other trust funds authorized by
1162	the State Constitution.
1163	Section 23.  Subsection (4) of section 215.559, Florida
1164	Statutes, is amended to read:
1165	215.559  Hurricane Loss Mitigation Program.--
1166	(4)  Of moneys provided to the Department of Community
1167	Affairs in paragraph (2)(a), 10 percent shall be allocated to
1168	the Florida International University a Type I center within the
1169	State University System dedicated to hurricane research. The
1170	Type I center shall develop a preliminary work plan approved by
1171	the advisory council set forth in subsection (5) (6) to
1172	eliminate the state and local barriers to upgrading existing
1173	mobile homes and communities, research and develop a program for
1174	the recycling of existing older mobile homes, and support
1175	programs of research and development relating to hurricane loss
1176	reduction devices and techniques for site-built residences. The
1177	State University System also shall consult with the Department
1178	of Community Affairs and assist the department with the report
1179	required under subsection (7) (8).
1180	Section 24.  Subsection (2) of section 215.82, Florida
1181	Statutes, is amended to read:
1182	215.82  Validation; when required.--
1183	(2)  Any bonds issued pursuant to this act which are
1184	validated shall be validated in the manner provided by chapter
1185	75. In actions to validate bonds to be issued in the name of the
1186	State Board of Education under s. 9(a) and (d), Art. XII of the
1187	State Constitution and bonds to be issued pursuant to chapter
1188	259, the Land Conservation Act of 1972, the complaint shall be
1189	filed in the circuit court of the county where the seat of state
1190	government is situated, the notice required to be published by
1191	s. 75.06 shall be published only in the county where the
1192	complaint is filed, and the complaint and order of the circuit
1193	court shall be served only on the state attorney of the circuit
1194	in which the action is pending. In any action to validate bonds
1195	issued pursuant to s. 1010.62 ss. 1010.61-1010.619 or issued
1196	pursuant to s. 9(a)(1), Art. XII of the State Constitution or
1197	issued pursuant to s. 215.605 or s. 338.227, the complaint shall
1198	be filed in the circuit court of the county where the seat of
1199	state government is situated, the notice required to be
1200	published by s. 75.06 shall be published in a newspaper of
1201	general circulation in the county where the complaint is filed
1202	and in two other newspapers of general circulation in the state,
1203	and the complaint and order of the circuit court shall be served
1204	only on the state attorney of the circuit in which the action is
1205	pending; provided, however, that if publication of notice
1206	pursuant to this section would require publication in more
1207	newspapers than would publication pursuant to s. 75.06, such
1208	publication shall be made pursuant to s. 75.06.
1209	Section 25.  Subsection (1) of section 216.0152, Florida
1210	Statutes, is amended to read:
1211	216.0152  Inventory of state-owned facilities or state-
1212	occupied facilities.--
1213	(1)  The Department of Management Services shall develop
1214	and maintain an automated inventory of all facilities owned,
1215	leased, rented, or otherwise occupied or maintained by any
1216	agency of the state or by the judicial branch, except those with
1217	less than 3,000 square feet. The inventory shall include the
1218	location, occupying agency, ownership, size, condition
1219	assessment, maintenance record, age, parking and employee
1220	facilities, and other information as required by the department
1221	for determining maintenance needs and life-cycle cost
1222	evaluations of the facility. The inventory need not include a
1223	condition assessment or maintenance record of facilities not
1224	owned by a state agency or by the judicial branch. The term
1225	"facility," as used in this section, means buildings,
1226	structures, and building systems, but does not include
1227	transportation facilities of the state transportation system.
1228	The Department of Transportation shall develop and maintain an
1229	inventory of transportation facilities of the state
1230	transportation system. The Board of Governors of the State
1231	University System and Regents and the Division of Community
1232	Colleges of the Department of Education, respectively, shall
1233	develop and maintain an inventory, in the manner prescribed by
1234	the Department of Management Services, of all state university
1235	and community college higher education facilities and shall make
1236	the data available in a format acceptable to the Department of
1237	Management Services.
1238	Section 26.  Paragraph (a) of subsection (2) of section
1239	216.251, Florida Statutes, is amended to read:
1240	216.251  Salary appropriations; limitations.--
1241	(2)(a)  The salary for each position not specifically
1242	indicated in the appropriations acts shall be as provided in one
1243	of the following subparagraphs:
1244	1.  Within the classification and pay plans provided for in
1245	chapter 110.
1246	2.  Within the classification and pay plans established by
1247	the Board of Trustees for the Florida School for the Deaf and
1248	the Blind of the Department of Education and approved by the
1249	State Board of Education for academic and academic
1250	administrative personnel.
1251	3.  Within the classification and pay plan approved and
1252	administered by the State Board of Education and the Board of
1253	Governors, or a designee of the board, for those positions in
1254	the State University System.
1255	4.  Within the classification and pay plan approved by the
1256	President of the Senate and the Speaker of the House of
1257	Representatives, as the case may be, for employees of the
1258	Legislature.
1259	5.  Within the approved classification and pay plan for the
1260	judicial branch.
1261	Section 27.  Paragraph (c) of subsection (2) and paragraph
1262	(c) of subsection (4) of section 220.15, Florida Statutes, are
1263	amended to read:
1264	220.15  Apportionment of adjusted federal income.--
1265	(2)  The property factor is a fraction the numerator of
1266	which is the average value of the taxpayer's real and tangible
1267	personal property owned or rented and used in this state during
1268	the taxable year or period and the denominator of which is the
1269	average value of such property owned or rented and used
1270	everywhere.
1271	(c)  The property factor fraction shall not include any
1272	real or tangible personal property located in this state with
1273	respect to which it is certified to the Department of Revenue
1274	that such property is dedicated exclusively to research and
1275	development activities performed pursuant to sponsored research
1276	contracts conducted in conjunction with and through a university
1277	that is a member of the State University System or a nonpublic
1278	university that is chartered in Florida and conducts graduate
1279	programs at the professional or doctoral level. The Board of
1280	Governors of the State University System Board of Regents must
1281	certify the contracts for members of the State University
1282	System, and the president of the university must certify the
1283	contracts for a nonpublic university. As used in this paragraph,
1284	"sponsored research contract" means an agreement executed by
1285	parties that include at least the university and the taxpayer.
1286	Funding for sponsored research contracts may be provided from
1287	public or private sources.
1288	(4)  The payroll factor is a fraction the numerator of
1289	which is the total amount paid in this state during the taxable
1290	year or period by the taxpayer for compensation and the
1291	denominator of which is the total compensation paid everywhere
1292	during the taxable year or period.
1293	(c)  The payroll factor fraction shall not include any
1294	compensation paid to any employee located in this state when it
1295	is certified to the Department of Revenue that such compensation
1296	was paid to employees dedicated exclusively to research and
1297	development activities performed pursuant to sponsored research
1298	contracts conducted in conjunction with and through a university
1299	that is a member of the State University System or a nonpublic
1300	university that is chartered in Florida and conducts graduate
1301	programs at the professional or doctoral level. The Board of
1302	Governors of the State University System Board of Regents must
1303	certify the contracts for members of the State University
1304	System, and the president of the university must certify the
1305	contracts for a nonpublic university. As used in this paragraph,
1306	"sponsored research contract" means an agreement executed by
1307	parties that include at least the university and the taxpayer.
1308	Funding for sponsored research contracts may be provided from
1309	public or private sources.
1310	Section 28.  Subsection (7) of section 250.10, Florida
1311	Statutes, is amended to read:
1312	250.10  Appointment and duties of the Adjutant General.--
1313	(7)  The Adjutant General, the Board of Governors of the
1314	State University System, and the State Board of Education shall
1315	develop education assistance programs for members in good
1316	standing of the active Florida National Guard who enroll in a
1317	public institution of higher learning in the state.
1318	(a)  The programs shall set forth application requirements,
1319	including, but not limited to, requirements that the applicant:
1320	1.  Be 17 years of age or older.
1321	2.  Be presently domiciled in the state.
1322	3.  Be a member in good standing in the active Florida
1323	National Guard at the beginning of and throughout the entire
1324	academic term for which benefits are received.
1325	4.  Maintain continuous satisfactory participation in the
1326	active Florida National Guard for any school term for which
1327	exemption benefits are received.
1328	5.  Upon enrollment in a program specified in subsection
1329	(8) or subsection (9), complete a memorandum of agreement to
1330	comply with the rules of the program and serve in the active
1331	Florida National Guard for 3 years after completion of the
1332	studies for which an exemption is granted or tuition and fees
1333	are paid.
1334	(b)  The programs shall define those members of the active
1335	Florida National Guard who are ineligible to participate in the
1336	program and those courses of study which are not authorized for
1337	the program.
1338	1.  Such members include, but are not limited to:
1339	a.  Any member, commissioned officer, warrant officer, or
1340	enlisted person who has a baccalaureate degree.
1341	b.  Any member who has 15 years or more of total military
1342	service creditable toward retirement.
1343	c.  Any member who has not completed basic military
1344	training.
1345	2.  Courses not authorized include noncredit courses,
1346	courses that do not meet degree requirements, or courses that do
1347	not meet requirements for completion of career training.
1348	(c)  The Adjutant General, together with the Board of
1349	Governors of the State University System and the State Board of
1350	Education, shall adopt rules for the overall policy, guidance,
1351	administration, implementation, and proper utilization of the
1352	program. Such rules must include, but not be limited to,
1353	guidelines for certification by the Adjutant General of a guard
1354	member's eligibility, procedures for notification to an
1355	institution of a guard member's termination of eligibility, and
1356	procedures for restitution when a guard member fails to comply
1357	with the penalties described in this section.
1358	Section 29.  Section 253.381, Florida Statutes, is amended
1359	to read:
1360	253.381  Unsurveyed marshlands; sale to upland owners.--The
1361	Board of Trustees of the Internal Improvement Trust Fund of the
1362	state is and the State Board of Education are hereby authorized
1363	to make sales of unsurveyed marshlands to record owners of
1364	uplands which have been surveyed by the United States, and to
1365	make equitable divisions of unsurveyed marsh areas and
1366	allocations of the same for sales with due respect to upland
1367	ownership, sales heretofore made, natural divisions of the
1368	unsurveyed marshes which are indicated by the general courses of
1369	water channels within or across the unsurveyed marshes and to
1370	other topographical features of the affected areas.
1371	Section 30.  Section 255.02, Florida Statutes, is amended
1372	to read:
1373	255.02  Boards authorized to replace buildings destroyed by
1374	fire.--The Department of Management Services, the Board of
1375	Regents of the Department of Education, or any other board or
1376	person having the direct supervision and control of any state
1377	building or state property, may have rebuilt or replaced, out of
1378	the proceeds from the fire insurance on such buildings or
1379	property, any buildings or property owned by the state, which
1380	may be destroyed in whole or in part by fire.
1381	Section 31.  Subsection (2) of section 255.043, Florida
1382	Statutes, is amended to read:
1383	255.043  Art in state buildings.--
1384	(2)  The Department of Management Services, the Board of
1385	Regents, or other state agencies receiving appropriations for
1386	original constructions shall notify the Florida Arts Council and
1387	the user agency of any construction project which is eligible
1388	under the provisions of this section. The Department of
1389	Management Services, the Board of Regents, or other state agency
1390	shall determine the amount to be made available for purchase or
1391	commission of works of art for each project and shall report
1392	these amounts to the Florida Arts Council and the user agency.
1393	Payments therefor shall be made from funds appropriated for
1394	fixed capital outlay according to law.
1395	Section 32.  Subsection (2) of section 255.102, Florida
1396	Statutes, is amended to read:
1397	255.102  Contractor utilization of minority business
1398	enterprises.--
1399	(2)  The Office of Supplier Diversity, in collaboration
1400	with the Board of Governors of the State University System,
1401	shall adopt rules to determine what is a "good faith effort" for
1402	purposes of contractor compliance with minority participation
1403	goals established for competitively awarded building and
1404	construction projects. Pro forma efforts shall not be considered
1405	good faith. Factors which shall be considered by the state
1406	agency in determining whether a contractor has made good faith
1407	efforts shall include, but not be limited to:
1408	(a)  Whether the contractor attended any presolicitation or
1409	prebid meetings that were scheduled by the agency to inform
1410	minority business enterprises of contracting and subcontracting
1411	opportunities.
1412	(b)  Whether the contractor advertised in general
1413	circulation, trade association, or minority-focus media
1414	concerning the subcontracting opportunities.
1415	(c)  Whether the contractor provided written notice to all
1416	relevant subcontractors listed on the minority vendor list for
1417	that locality and statewide as provided by the agency as of the
1418	date of issuance of the invitation to bid, that their interest
1419	in the contract was being solicited in sufficient time to allow
1420	the minority business enterprises to participate effectively.
1421	(d)  Whether the contractor followed up initial
1422	solicitations of interest by contacting minority business
1423	enterprises, the Office of Supplier Diversity, or minority
1424	persons who responded and provided detailed information about
1425	prebid meetings, access to plans, specifications, contractor's
1426	project manager, subcontractor bonding, if any, payment
1427	schedule, bid addenda, and other assistance provided by the
1428	contractor to enhance minority business enterprise
1429	participation.
1430	(e)  Whether the contractor selected portions of the work
1431	to be performed by minority business enterprises in order to
1432	increase the likelihood of meeting the minority business
1433	enterprise procurement goals, including, where appropriate,
1434	breaking down contracts into economically feasible units to
1435	facilitate minority business enterprise participation under
1436	reasonable and economical conditions of performance.
1437	(f)  Whether the contractor provided the Office of Supplier
1438	Diversity as well as interested minority business enterprises or
1439	minority persons with adequate information about the plans,
1440	specifications, and requirements of the contract or the
1441	availability of jobs at a time no later than when such
1442	information was provided to other subcontractors.
1443	(g)  Whether the contractor negotiated in good faith with
1444	interested minority business enterprises or minority persons,
1445	not rejecting minority business enterprises or minority persons
1446	as unqualified without sound reasons based on a thorough
1447	investigation of their capabilities or imposing implausible
1448	conditions of performance on the contract.
1449	(h)  Whether the contractor diligently seeks to replace a
1450	minority business enterprise subcontractor that is unable to
1451	perform successfully with another minority business enterprise.
1452	(i)  Whether the contractor effectively used the services
1453	of available minority community organizations; minority
1454	contractors' groups; local, state, and federal minority business
1455	assistance offices; and other organizations that provide
1456	assistance in the recruitment and placement of minority business
1457	enterprises or minority persons.
1458	Section 33.  Subsection (23) of section 280.02, Florida
1459	Statutes, is amended to read:
1460	280.02  Definitions.--As used in this chapter, the term:
1461	(23)  "Public deposit" means the moneys of the state or of
1462	any state university, county, school district, community college
1463	district, special district, metropolitan government, or
1464	municipality, including agencies, boards, bureaus, commissions,
1465	and institutions of any of the foregoing, or of any court, and
1466	includes the moneys of all county officers, including
1467	constitutional officers, that are placed on deposit in a bank,
1468	savings bank, or savings association and for which the bank,
1469	savings bank, or savings association is required to maintain
1470	reserves. This includes, but is not limited to, time deposit
1471	accounts, demand deposit accounts, and nonnegotiable
1472	certificates of deposit. Moneys in deposit notes and in other
1473	nondeposit accounts such as repurchase or reverse repurchase
1474	operations are not public deposits. Securities, mutual funds,
1475	and similar types of investments are not considered public
1476	deposits and shall not be subject to the provisions of this
1477	chapter.
1478	Section 34.  Section 286.001, Florida Statutes, is amended
1479	to read:
1480	286.001  Reports statutorily required; filing, maintenance,
1481	retrieval, and provision of copies.--
1482	(1)  Unless otherwise specifically provided by law, any
1483	agency or officer of the executive, legislative, or judicial
1484	branches of state government, the State Board of Education, the
1485	Board of Governors of the State University System Community
1486	Colleges, the Board of Regents, or the Public Service Commission
1487	required or authorized by law to make reports regularly or
1488	periodically shall fulfill such requirement by filing an
1489	abstract of the report with the statutorily or administratively
1490	designated recipients of the report and an abstract and one copy
1491	of the report with the Division of Library and Information
1492	Services of the Department of State, unless the head of the
1493	reporting entity makes a determination that the additional cost
1494	of providing the entire report to the statutorily or
1495	administratively designated recipients is justified. A one-page
1496	summary justifying the determination shall be submitted to the
1497	chairs of the governmental operations committees of both houses
1498	of the Legislature. The abstract of the contents of such report
1499	shall be no more than one-half page in length. The actual report
1500	shall be retained by the reporting agency or officer, and copies
1501	of the report shall be provided to interested parties and the
1502	statutorily or administratively designated recipients of the
1503	report upon request.
1504	(2)  With respect to reports statutorily required of
1505	agencies or officers within the executive, legislative, or
1506	judicial branches of state government, the State Board of
1507	Education, the Board of Governors of the State University System
1508	Community Colleges, the Board of Regents, or the Public Service
1509	Commission, it is the duty of the division, in addition to its
1510	duties under s. 257.05, to:
1511	(a)  Regularly compile and update bibliographic information
1512	on such reports for distribution as provided in paragraph (b).
1513	Such bibliographic information may be included in the
1514	bibliographies prepared by the division pursuant to s.
1515	257.05(3)(c).
1516	(b)  Provide for at least quarterly distribution of
1517	bibliographic information on reports to:
1518	1.  Agencies and officers within the executive,
1519	legislative, and judicial branches of state government, the
1520	State Board of Education, the Board of Governors of the State
1521	University System Community Colleges, the Board of Regents, and
1522	the Public Service Commission, free of charge; and
1523	2.  Other interested parties upon request properly made and
1524	upon payment of the actual cost of duplication pursuant to s.
1525	119.07(1).
1526	(3)  As soon as practicable, the administrative head of
1527	each executive, legislative, or judicial agency and each agency
1528	of the State Board of Education, the Board of Governors of the
1529	State University System Community Colleges, the Board of
1530	Regents, and the Public Service Commission required by law to
1531	make reports periodically shall ensure that those reports are
1532	created, stored, managed, updated, retrieved, and disseminated
1533	through electronic means.
1534	(4)  Nothing in this section shall be construed to waive or
1535	modify the requirement in s. 257.05(2) pertaining to the
1536	provision of copies of public documents to the division.
1537	Section 35.  Subsection (1) of section 287.064, Florida
1538	Statutes, is amended to read:
1539	287.064  Consolidated financing of deferred-payment
1540	purchases.--
1541	(1)  The Division of Bond Finance of the State Board of
1542	Administration and the Chief Financial Officer shall plan and
1543	coordinate deferred-payment purchases made by or on behalf of
1544	the state or its agencies or by or on behalf of state
1545	universities or state community colleges participating under
1546	this section pursuant to s. 1001.74(6) s. 1001.74(5) or s.
1547	1001.64(26), respectively. The Division of Bond Finance shall
1548	negotiate and the Chief Financial Officer shall execute
1549	agreements and contracts to establish master equipment financing
1550	agreements for consolidated financing of deferred-payment,
1551	installment sale, or lease purchases with a financial
1552	institution or a consortium of financial institutions. As used
1553	in this act, the term "deferred-payment" includes installment
1554	sale and lease-purchase.
1555	(a)  The period during which equipment may be acquired
1556	under any one master equipment financing agreement shall be
1557	limited to not more than 3 years.
1558	(b)  Repayment of the whole or a part of the funds drawn
1559	pursuant to the master equipment financing agreement may
1560	continue beyond the period established pursuant to paragraph
1561	(a).
1562	(c)  The interest rate component of any master equipment
1563	financing agreement shall be deemed to comply with the interest
1564	rate limitation imposed in s. 287.063 so long as the interest
1565	rate component of every interagency, state university, or
1566	community college agreement entered into under such master
1567	equipment financing agreement complies with the interest rate
1568	limitation imposed in s. 287.063. Such interest rate limitation
1569	does not apply when the payment obligation under the master
1570	equipment financing agreement is rated by a nationally
1571	recognized rating service in any one of the three highest
1572	classifications, which rating services and classifications are
1573	determined pursuant to rules adopted by the Chief Financial
1574	Officer.
1575	Section 36.  Subsection (1) of section 287.155, Florida
1576	Statutes, is amended to read:
1577	287.155  Motor vehicles; purchase by Division of
1578	Universities, Department of Children and Family Services, Agency
1579	for Persons with Disabilities, Department of Health, Department
1580	of Juvenile Justice, and Department of Corrections.--
1581	(1)  The Division of Universities of the Department of
1582	Education, the Department of Children and Family Services, the
1583	Agency for Persons with Disabilities, the Department of Health,
1584	the Department of Juvenile Justice, and the Department of
1585	Corrections may, subject to the approval of the Department of
1586	Management Services, purchase automobiles, trucks, tractors, and
1587	other automotive equipment for the use of institutions under the
1588	management of the Division of Universities, the Department of
1589	Children and Family Services, the Agency for Persons with
1590	Disabilities, the Department of Health, and the Department of
1591	Corrections, and for the use of residential facilities managed
1592	or contracted by the Department of Juvenile Justice.
1593	Section 37.  Paragraph (d) of subsection (5) of section
1594	288.15, Florida Statutes, is amended to read:
1595	288.15  Powers of Division of Bond Finance.--There is
1596	hereby granted to and vested in the Division of Bond Finance of
1597	the State Board of Administration the power, right, franchise,
1598	and authority:
1599	(5)  In order to carry out the objectives and purposes of
1600	this chapter, the division is authorized to acquire, own,
1601	construct, operate, maintain, improve, and extend public
1602	buildings, facilities, or works within the state which are of
1603	the character hereinafter specifically mentioned. All public
1604	buildings, facilities, and works which the division is
1605	authorized to own, construct, operate, and maintain must be such
1606	as can ultimately be owned and operated by an agency,
1607	department, board, bureau, or commission of the state. All or
1608	any such buildings, facilities, or works may be of a revenue-
1609	producing character in order that the cost of the same or some
1610	part of improvements or extensions thereto may be paid from
1611	receipts therefrom, including in Tallahassee only rentals,
1612	leases, and sales to both public and nonpublic agencies through
1613	the issue and sales or disposition of revenue bonds, notes, or
1614	certificates of the division. The buildings, facilities, and
1615	works which the division is hereby authorized to acquire,
1616	construct, operate, maintain, improve, and extend are:
1617	(d)  Public buildings, facilities, and additions or
1618	improvements to existing buildings and facilities for ultimate
1619	use in connection with any of the several state institutions,
1620	departments, bureaus, boards, or commissions; and, in
1621	furtherance of this paragraph, the Department of Management
1622	Services, the Board of Governors of the State University System,
1623	and the State Board of Education are authorized to cooperate
1624	with the Division of Bond Finance and to do and perform all acts
1625	and things necessary thereto. Any property acquired by the
1626	Division of Bond Finance under the provisions of this chapter
1627	may ultimately be conveyed to the state free and clear of all
1628	debt or other encumbrance.
1629	Section 38.  Section 288.17, Florida Statutes, is amended
1630	to read:
1631	288.17  Revenue certificates.--The Division of Bond Finance
1632	of the State Board of Administration is authorized to issue
1633	interest-bearing revenue certificates for construction of all
1634	state buildings approved by the Legislature in its appropriation
1635	acts and requested by the Department of Management Services or
1636	by the Board of Governors of the State University System Board
1637	of Regents.
1638	Section 39.  Section 288.705, Florida Statutes, is amended
1639	to read:
1640	288.705  Statewide contracts register.--All state agencies
1641	shall in a timely manner provide the Florida Small Business
1642	Development Center Procurement System, a Type I center of the
1643	State University System funded as provided in Pub. L. No. 96-
1644	302, as amended, with all formal solicitations for contractual
1645	services, supplies, and commodities. The Small Business
1646	Development Center shall coordinate with Minority Business
1647	Development Centers to compile and distribute such information
1648	to Florida small and minority businesses requesting such service
1649	for the period of time necessary to familiarize the business
1650	with the market represented by state agencies. On or before
1651	February 1 of each year, the Small Business Development Center
1652	shall report to the Department of Labor and Employment Security
1653	on utilization of the statewide contracts register. Such report
1654	shall include, but not be limited to, information relating to:
1655	(1)  The total number of solicitations received from state
1656	agencies during the calendar year.
1657	(2)  The number of solicitations received from each state
1658	agency during the calendar year.
1659	(3)  The method of distributing solicitation information to
1660	those businesses requesting such service.
1661	(4)  The total number of businesses using the service.
1662	(5)  The percentage of businesses using the service which
1663	are owned and controlled by minorities.
1664	Section 40.  Subsection (7) of section 288.7091, Florida
1665	Statutes, is amended to read:
1666	288.7091  Duties of the Florida Black Business Investment
1667	Board, Inc.--The Florida Black Business Investment Board, Inc.,
1668	shall:
1669	(7)  Develop memoranda of understanding with the
1670	Departments of Education, Transportation, Community Affairs, and
1671	Management Services, as well as with Workforce Florida, Inc.,
1672	the Board of Governors of the State University System, and the
1673	State Board of Education, detailing efforts of common interest
1674	and collaborations to expand black business development;
1675	Section 41.  Subsection (3) of section 288.8175, Florida
1676	Statutes, is amended to read:
1677	288.8175  Linkage institutes between postsecondary
1678	institutions in this state and foreign countries.--
1679	(3)  Each institute must be governed by an agreement,
1680	approved by the department, between the Board of Governors of
1681	the State University System for a state university and the State
1682	Board of Education for a community college Florida Community
1683	College System with the counterpart organization in a foreign
1684	country. Each institute must report to the department regarding
1685	its program activities, expenditures, and policies.
1686	Section 42.  Paragraph (a) of subsection (4) of section
1687	295.07, Florida Statutes, is amended to read:
1688	295.07  Preference in appointment and retention.--
1689	(4)  The following positions are exempt from this section:
1690	(a)  Those positions that are exempt from the state Career
1691	Service System under s. 110.205(2); however, all positions under
1692	the University Support Personnel System of the State University
1693	System as well as all Career Service System positions under the
1694	Florida Community College System and the School for the Deaf and
1695	the Blind, or the equivalent of such positions at state
1696	universities, community colleges, or the School for the Deaf and
1697	the Blind, are included.
1698	Section 43.  Paragraph (b) of subsection (3) of section
1699	320.08058, Florida Statutes, is amended to read:
1700	320.08058  Specialty license plates.--
1701	(3)  COLLEGIATE LICENSE PLATES.--
1702	(b)  A collegiate plate annual use fee is to be distributed
1703	to the state or independent university foundation designated by
1704	the purchaser for deposit in an unrestricted account. The Board
1705	of Governors of the State University System Board of Regents
1706	shall require each state university to submit a plan for
1707	approval of the expenditure of all funds so designated. These
1708	funds may be used only for academic enhancement, including
1709	scholarships and private fundraising activities.
1710	Section 44.  Subsections (1), (3), and (4) of section
1711	334.065, Florida Statutes, are amended to read:
1712	334.065  Center for Urban Transportation Research.--
1713	(1)  There is established at the University of South
1714	Florida the Florida Center for Urban Transportation Research, to
1715	be administered by the Board of Governors Regents of and the
1716	State University System.  The responsibilities of the center
1717	include, but are not limited to, conducting and facilitating
1718	research on issues related to urban transportation problems in
1719	this state and serving as an information exchange and depository
1720	for the most current information pertaining to urban
1721	transportation and related issues.
1722	(3)  An advisory board shall be created to periodically and
1723	objectively review and advise the center concerning its research
1724	program. Except for projects mandated by law, state-funded base
1725	projects shall not be undertaken without approval of the
1726	advisory board. The membership of the board shall consist of
1727	nine experts in transportation-related areas, including the
1728	secretaries of the Florida Departments of Transportation,
1729	Community Affairs, and Environmental Protection, or their
1730	designees, and a member of the Florida Transportation
1731	Commission. The nomination of the remaining members of the board
1732	shall be made to the President of the University of South
1733	Florida by the College of Engineering at the University of South
1734	Florida, and the appointment of these members must be reviewed
1735	and approved by the Florida Transportation Commission and
1736	confirmed by the Board of Governors Regents.
1737	(4)  The center shall develop a budget pursuant to chapter
1738	216. This budget shall be submitted to the Governor along with
1739	the budget of the Board of Governors Regents.
1740	Section 45.  Subsection (3) of section 377.705, Florida
1741	Statutes, is amended to read:
1742	377.705  Solar Energy Center; development of solar energy
1743	standards.--
1744	(3)  DEFINITIONS.--
1745	(a)  "Center" is defined as the Florida Solar Energy Center
1746	of the Board of Governors Regents.
1747	(b)  "Solar energy systems" is defined as equipment which
1748	provides for the collection and use of incident solar energy for
1749	water heating, space heating or cooling, or other applications
1750	which normally require or would require a conventional source of
1751	energy such as petroleum products, natural gas, or electricity
1752	and which performs primarily with solar energy.  In such other
1753	systems in which solar energy is used in a supplemental way,
1754	only those components which collect and transfer solar energy
1755	shall be included in this definition.
1756	Section 46.  Subsection (4) of section 381.79, Florida
1757	Statutes, is amended to read:
1758	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
1759	(4)  The Board of Governors of the State University System
1760	Board of Regents shall establish a program administration
1761	process which shall include: an annual prospective program plan
1762	with goals, research design, proposed outcomes, a proposed
1763	budget, an annual report of research activities and findings,
1764	and an annual end-of-year financial statement. Prospective
1765	program plans shall be submitted to the Board of Governors Board
1766	of Regents, and funds shall be released upon acceptance of the
1767	proposed program plans. The annual report of research activities
1768	and findings shall be submitted to the Board of Governors Board
1769	of Regents, with the executive summaries submitted to the
1770	President of the Senate, the Speaker of the House of
1771	Representatives, and the Secretary of Health.
1772	Section 47.  Subsection (1) of section 388.43, Florida
1773	Statutes, is amended to read:
1774	388.43  Florida Medical Entomology Laboratory.--
1775	(1)  The Florida Medical Entomology Laboratory, located in
1776	Vero Beach, shall be a research and training center for the
1777	state under the supervision of the Board of Governors Regents.
1778	The laboratory shall be an operational unit of the University of
1779	Florida and an integral part of the Institute of Food and
1780	Agricultural Sciences.
1781	Section 48.  Subsection (1) of section 403.073, Florida
1782	Statutes, is amended to read:
1783	403.073  Pollution prevention; state goal; agency programs;
1784	public education.--
1785	(1)  It is a goal of the state that all its agencies, the
1786	State University System, community colleges the State Board of
1787	Community Colleges, and all municipalities, counties, regional
1788	agencies, and special districts develop and implement strategies
1789	to prevent pollution, including public information programs and
1790	education programs.
1791	Section 49.  Subsection (2) of section 403.074, Florida
1792	Statutes, is amended to read:
1793	403.074  Technical assistance by the department.--
1794	(2)  The program shall include onsite, nonregulatory
1795	technical assistance and shall promote and sponsor conferences
1796	on pollution prevention techniques. The program may be conducted
1797	in cooperation with trade associations, trade schools, the State
1798	University System, community colleges the State Board of
1799	Community Colleges, or other appropriate entities.
1800	Section 50.  Paragraph (b) of subsection (1) of section
1801	409.908, Florida Statutes, is amended to read:
1802	409.908  Reimbursement of Medicaid providers.--Subject to
1803	specific appropriations, the agency shall reimburse Medicaid
1804	providers, in accordance with state and federal law, according
1805	to methodologies set forth in the rules of the agency and in
1806	policy manuals and handbooks incorporated by reference therein.
1807	These methodologies may include fee schedules, reimbursement
1808	methods based on cost reporting, negotiated fees, competitive
1809	bidding pursuant to s. 287.057, and other mechanisms the agency
1810	considers efficient and effective for purchasing services or
1811	goods on behalf of recipients. If a provider is reimbursed based
1812	on cost reporting and submits a cost report late and that cost
1813	report would have been used to set a lower reimbursement rate
1814	for a rate semester, then the provider's rate for that semester
1815	shall be retroactively calculated using the new cost report, and
1816	full payment at the recalculated rate shall be effected
1817	retroactively. Medicare-granted extensions for filing cost
1818	reports, if applicable, shall also apply to Medicaid cost
1819	reports. Payment for Medicaid compensable services made on
1820	behalf of Medicaid eligible persons is subject to the
1821	availability of moneys and any limitations or directions
1822	provided for in the General Appropriations Act or chapter 216.
1823	Further, nothing in this section shall be construed to prevent
1824	or limit the agency from adjusting fees, reimbursement rates,
1825	lengths of stay, number of visits, or number of services, or
1826	making any other adjustments necessary to comply with the
1827	availability of moneys and any limitations or directions
1828	provided for in the General Appropriations Act, provided the
1829	adjustment is consistent with legislative intent.
1830	(1)  Reimbursement to hospitals licensed under part I of
1831	chapter 395 must be made prospectively or on the basis of
1832	negotiation.
1833	(b)  Reimbursement for hospital outpatient care is limited
1834	to $1,500 per state fiscal year per recipient, except for:
1835	1.  Such care provided to a Medicaid recipient under age
1836	21, in which case the only limitation is medical necessity.
1837	2.  Renal dialysis services.
1838	3.  Other exceptions made by the agency.
1839
1840	The agency is authorized to receive funds from state entities,
1841	including, but not limited to, the Department of Health, the
1842	Board of Governors of the State University System Board of
1843	Regents, local governments, and other local political
1844	subdivisions, for the purpose of making payments, including
1845	federal matching funds, through the Medicaid outpatient
1846	reimbursement methodologies. Funds received from state entities
1847	and local governments for this purpose shall be separately
1848	accounted for and shall not be commingled with other state or
1849	local funds in any manner.
1850	Section 51.  Paragraph (d) of subsection (2) of section
1851	413.051, Florida Statutes, is amended to read:
1852	413.051  Eligible blind persons; operation of vending
1853	stands.--
1854	(2)  As used in this section, the term:
1855	(d)  "State property" means any building or land owned,
1856	leased, or otherwise controlled by the state, but does not
1857	include any building or land under the control of a state
1858	university board of trustees the Board of Regents, a community
1859	college district board of trustees, or any state correctional
1860	institution as defined in s. 944.02.
1861	Section 52.  Subsection (2) and (10) of section 447.203,
1862	Florida Statutes, are amended to read:
1863	447.203  Definitions.--As used in this part:
1864	(2)  "Public employer" or "employer" means the state or any
1865	county, municipality, or special district or any subdivision or
1866	agency thereof which the commission determines has sufficient
1867	legal distinctiveness properly to carry out the functions of a
1868	public employer. With respect to all public employees determined
1869	by the commission as properly belonging to a statewide
1870	bargaining unit composed of State Career Service System
1871	employees or Selected Professional Service employees, the
1872	Governor shall be deemed to be the public employer; and the
1873	Board of Governors of the State University System, or the
1874	board's designee, university board of trustees shall be deemed
1875	to be the public employer with respect to all public employees
1876	of each constituent the respective state university. The board
1877	of trustees of a community college shall be deemed to be the
1878	public employer with respect to all employees of the community
1879	college. The district school board shall be deemed to be the
1880	public employer with respect to all employees of the school
1881	district. The Board of Trustees of the Florida School for the
1882	Deaf and the Blind shall be deemed to be the public employer
1883	with respect to the academic and academic administrative
1884	personnel of the Florida School for the Deaf and the Blind. The
1885	Governor shall be deemed to be the public employer with respect
1886	to all employees in the Correctional Education Program of the
1887	Department of Corrections established pursuant to s. 944.801.
1888	(10)  "Legislative body" means the State Legislature, the
1889	board of county commissioners, the district school board, the
1890	governing body of a municipality, or the governing body of an
1891	instrumentality or unit of government having authority to
1892	appropriate funds and establish policy governing the terms and
1893	conditions of employment and which, as the case may be, is the
1894	appropriate legislative body for the bargaining unit. For
1895	purposes of s. 447.403, the Board of Governors of the State
1896	University System, or the board's designee, state university
1897	board of trustees shall be deemed to be the legislative body
1898	with respect to all employees of each constituent the state
1899	university. For purposes of s. 447.403 the board of trustees of
1900	a community college shall be deemed to be the legislative body
1901	with respect to all employees of the community college.
1902	Section 53.  Section 455.2125, Florida Statutes, is amended
1903	to read:
1904	455.2125  Consultation with postsecondary education boards
1905	prior to adoption of changes to training requirements.--Any
1906	state agency or board that has jurisdiction over the regulation
1907	of a profession or occupation shall consult with the Commission
1908	for Independent Education, the Board of Governors of the State
1909	University System Board of Regents, and the State Board of
1910	Education prior to adopting any changes to training requirements
1911	relating to entry into the profession or occupation. This
1912	consultation must allow the educational board to provide advice
1913	regarding the impact of the proposed changes in terms of the
1914	length of time necessary to complete the training program and
1915	the fiscal impact of the changes. The educational board must be
1916	consulted only when an institution offering the training program
1917	falls under its jurisdiction.
1918	Section 54.  Section 456.028, Florida Statutes, is amended
1919	to read:
1920	456.028  Consultation with postsecondary education boards
1921	prior to adoption of changes to training requirements.--Any
1922	state agency or board that has jurisdiction over the regulation
1923	of a profession or occupation shall consult with the Commission
1924	for Independent Education, the Board of Governors of the State
1925	University System Board of Regents, and the State Board of
1926	Education prior to adopting any changes to training requirements
1927	relating to entry into the profession or occupation. This
1928	consultation must allow the educational board to provide advice
1929	regarding the impact of the proposed changes in terms of the
1930	length of time necessary to complete the training program and
1931	the fiscal impact of the changes. The educational board must be
1932	consulted only when an institution offering the training program
1933	falls under its jurisdiction.
1934	Section 55.  Subsection (1) of section 464.0196, Florida
1935	Statutes, is amended to read:
1936	464.0196  Florida Center for Nursing; board of directors.--
1937	(1)  The Florida Center for Nursing shall be governed by a
1938	policy-setting board of directors. The board shall consist of 16
1939	members, with a simple majority of the board being nurses
1940	representative of various practice areas. Other members shall
1941	include representatives of other health care professions,
1942	business and industry, health care providers, and consumers. The
1943	members of the board shall be appointed by the Governor as
1944	follows:
1945	(a)  Four members recommended by the President of the
1946	Senate, at least one of whom shall be a registered nurse
1947	recommended by the Florida Organization of Nurse Executives and
1948	at least one other representative of the hospital industry
1949	recommended by the Florida Hospital Association;
1950	(b)  Four members recommended by the Speaker of the House
1951	of Representatives, at least one of whom shall be a registered
1952	nurse recommended by the Florida Nurses Association and at least
1953	one other representative of the long-term care industry;
1954	(c)  Four members recommended by the Governor, two of whom
1955	shall be registered nurses; and
1956	(d)  One Four nurse educator educators recommended by the
1957	Board of Governors who is State Board of Education, one of whom
1958	shall be a dean of a College of Nursing at a state university;
1959	and, one other shall be a director of a nursing program in a
1960	state community college.
1961	(e)  Three nurse educators recommended by the State Board
1962	of Education, one of whom must be a director of a nursing
1963	program at a state community college.
1964	Section 56.  Subsection (3) of section 489.103, Florida
1965	Statutes, is amended to read:
1966	489.103  Exemptions.--This part does not apply to:
1967	(3)  An authorized employee of the United States, this
1968	state, or any municipality, county, irrigation district,
1969	reclamation district, or any other municipal or political
1970	subdivision, except school boards, state university boards of
1971	trustees, and community college boards of trustees the Board of
1972	Regents, and community colleges, unless for the purpose of
1973	performing routine maintenance or repair or construction not
1974	exceeding $200,000 to existing installations, if the employee
1975	does not hold himself or herself out for hire or otherwise
1976	engage in contracting except in accordance with his or her
1977	employment. If the construction, remodeling, or improvement
1978	exceeds $200,000, school boards, state university boards of
1979	trustees, and community college boards of trustees the Board of
1980	Regents, and community colleges, shall not divide the project
1981	into separate components for the purpose of evading this
1982	section.
1983	Section 57.  Subsection (2) of section 489.503, Florida
1984	Statutes, is amended to read:
1985	489.503  Exemptions.--This part does not apply to:
1986	(2)  An authorized employee of the United States, this
1987	state, or any municipality, county, irrigation district,
1988	reclamation district, or any other municipal or political
1989	subdivision of this state, except school boards, state
1990	university boards of trustees, and community college boards of
1991	trustees the Board of Regents, and community colleges, unless
1992	for the purpose of performing routine maintenance or repair or
1993	construction not exceeding $200,000 to existing installations,
1994	as long as the employee does not hold himself or herself out for
1995	hire or otherwise engage in contracting except in accordance
1996	with his or her employment. If the construction, remodeling, or
1997	improvement exceeds $200,000, school boards, state university
1998	boards of trustees, and community college boards of trustees the
1999	Board of Regents, and community colleges, shall not divide the
2000	project into separate components for the purpose of evading this
2001	section.
2002	Section 58.  Subsection (5) of section 553.71, Florida
2003	Statutes, is amended to read:
2004	553.71  Definitions.--As used in this part, the term:
2005	(5)  "Local enforcement agency" means an agency of local
2006	government, a local school board, a community college board of
2007	trustees, or a university board of trustees in the State
2008	University System with jurisdiction to make inspections of
2009	buildings and to enforce the codes which establish standards for
2010	design, construction, erection, alteration, repair,
2011	modification, or demolition of public or private buildings,
2012	structures, or facilities.
2013	Section 59.  Subsection (1) of section 627.06281, Florida
2014	Statutes, is amended to read:
2015	627.06281  Public hurricane loss projection model;
2016	reporting of data by insurers.--
2017	(1)  Within 30 days after a written request for loss data
2018	and associated exposure data by the office or the Florida
2019	International University a type I center within the State
2020	University System established to study mitigation, residential
2021	property insurers and licensed rating and advisory organizations
2022	that compile residential property insurance loss data shall
2023	provide loss data and associated exposure data for residential
2024	property insurance policies to the office or to the Florida
2025	International University a type I center within the State
2026	University System established to study mitigation, as directed
2027	by the office, for the purposes of developing, maintaining, and
2028	updating a public model for hurricane loss projections. The loss
2029	data and associated exposure data provided shall be in writing.
2030	Section 60.  Subsection (1) of section 627.06292, Florida
2031	Statutes, is amended to read:
2032	627.06292  Reports of hurricane loss data and associated
2033	exposure data; public records exemption.--
2034	(1)  Reports of hurricane loss data and associated exposure
2035	data that are specific to a particular insurance company, as
2036	reported by an insurer or a licensed rating organization to the
2037	office or to a type I center at a state university pursuant to
2038	s. 627.06281, are exempt from s. 119.07(1) and s. 24(a), Art. I
2039	of the State Constitution.
2040	Section 61.  Subsection (7) of section 633.01, Florida
2041	Statutes, is amended to read:
2042	633.01  State Fire Marshal; powers and duties; rules.--
2043	(7)  The State Fire Marshal shall adopt and administer
2044	rules prescribing standards for the safety and health of
2045	occupants of educational and ancillary facilities pursuant to
2046	ss. 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
2047	county that does not employ or appoint a local fire official,
2048	the State Fire Marshal shall assume the duties of the local fire
2049	official with respect to firesafety inspections of educational
2050	property required under s. 1013.12(3)(2)(b), and the State Fire
2051	Marshal may take necessary corrective action as authorized under
2052	s. 1013.12(6)(5).
2053	Section 62.  Subsection (5) of section 650.03, Florida
2054	Statutes, is amended to read:
2055	650.03  Federal-state agreement; interstate
2056	instrumentalities.--
2057	(5)  For purposes of this chapter, employees of the
2058	institutions of higher learning under the Board of Governors of
2059	the State University System Board of Regents who are covered by
2060	the Teachers' Retirement System shall be deemed to be covered by
2061	a separate retirement system for each institution.
2062	Section 63.  Subsection (2) of section 943.1755, Florida
2063	Statutes, is amended to read:
2064	943.1755  Florida Criminal Justice Executive Institute.--
2065	(2)  The institute is established within the Department of
2066	Law Enforcement and affiliated with the State University System.
2067	The Board of Governors of the State University System Board of
2068	Regents shall, in cooperation with the Department of Law
2069	Enforcement, determine the specific placement of the institute
2070	within the system.
2071	Section 64.  Subsection (5) of section 1000.01, Florida
2072	Statutes, is amended to read:
2073	1000.01  The Florida K-20 education system; technical
2074	provisions.--
2075	(5)  EDUCATION GOVERNANCE TRANSFERS.--
2076	(a)  Effective July 1, 2001:
2077	1.  The Board of Regents is abolished.
2078	2.  All of the powers, duties, functions, records,
2079	personnel, and property; unexpended balances of appropriations,
2080	allocations, and other funds; administrative authority;
2081	administrative rules; pending issues; and existing contracts of
2082	the Board of Regents are transferred by a type two transfer,
2083	pursuant to s. 20.06(2), to the State Board of Education.
2084	3.  The State Board of Community Colleges is abolished.
2085	4.  All of the powers, duties, functions, records,
2086	personnel, and property; unexpended balances of appropriations,
2087	allocations, and other funds; administrative authority;
2088	administrative rules; pending issues; and existing contracts of
2089	the State Board of Community Colleges are transferred by a type
2090	two transfer, pursuant to s. 20.06(2), from the Department of
2091	Education to the State Board of Education.
2092	5.  The Postsecondary Education Planning Commission is
2093	abolished.
2094	6.  The Council for Education Policy Research and
2095	Improvement is created as an independent office under the Office
2096	of Legislative Services.
2097	7.  All personnel, unexpended balances of appropriations,
2098	and allocations of the Postsecondary Education Planning
2099	Commission are transferred to the Council for Education Policy
2100	Research and Improvement.
2101	8.  The Articulation Coordinating Committee and the
2102	Education Standards Commission are transferred by a type two
2103	transfer, pursuant to s. 20.06(2), from the Department of
2104	Education to the State Board of Education.
2105	(b)  All rules of the State Board of Education, the
2106	Commissioner of Education, and the Department of Education, and
2107	all rules of the district school boards, the community college
2108	boards of trustees, and the state university boards of trustees,
2109	in effect on January 2, 2003, remain in effect until
2110	specifically amended or repealed in the manner provided by law.
2111	(c)  Effective January 7, 2003:
2112	1.  The administrative rules of the Department of Education
2113	and the Commissioner of Education shall become the rules of the
2114	State Board of Education.
2115	2.  The administrative rules of the State Board of
2116	Education shall become the rules of the appointed State Board of
2117	Education.
2118	(d)  All administrative rules of the State Board of
2119	Education, the Commissioner of Education, and the Department of
2120	Education are transferred by a type two transfer, as defined in
2121	s. 20.06(2), to the appointed State Board of Education.
2122	(e)  This act creating the Florida K-20 Education Code
2123	shall not affect the validity of any judicial or administrative
2124	action involving the Department of Education, pending on January
2125	7, 2003. This act shall not affect the validity of any judicial
2126	or administrative action involving the Commissioner of Education
2127	or the State Board of Education, pending on January 7, 2003, and
2128	the appointed State Board of Education shall be substituted as a
2129	party of interest in any such action.
2130	(f)  Effective July 1, 2007, any powers, duties, functions,
2131	records, property, unexpended balances of appropriations,
2132	allocations, and other funds; administrative authority;
2133	administrative rules; pending issues; and existing contracts of
2134	the Board of Regents that were previously transferred to the
2135	State Board of Education after the Board of Regents was
2136	abolished pursuant to paragraph (a) are transferred to the Board
2137	of Governors in accordance with s. 7(d), Art. IX of the State
2138	Constitution.
2139	Section 65.  Subsection (1) and paragraphs (b) and (c) of
2140	subsection (2) of section 1000.03, Florida Statutes, are amended
2141	to read:
2142	1000.03  Function, mission, and goals of the Florida K-20
2143	education system.--
2144	(1)  Florida's K-20 education system shall be a
2145	decentralized system without excess layers of bureaucracy. The
2146	State Board of Education may appoint on an ad hoc basis a
2147	committee or committees to assist it on any and all issues
2148	within the K-20 education system. Florida's K-20 education
2149	system shall maintain a systemwide technology plan based on a
2150	common set of data definitions.
2151	(2)
2152	(b)  With the exception of matters relating to the State
2153	University System, the State Board of Education shall oversee
2154	the enforcement of all laws and rules, and the timely provision
2155	of direction, resources, assistance, intervention when needed,
2156	and strong incentives and disincentives to force accountability
2157	for results.
2158	(c)  The Board of Governors shall oversee the enforcement
2159	of all state university laws and rules and regulations and the
2160	timely provision of direction, resources, assistance,
2161	intervention when needed, and strong incentives and
2162	disincentives to force accountability for results. The
2163	Commissioner of Education shall serve as chief executive officer
2164	of the K-20 education system. The commissioner shall be
2165	responsible for enforcing compliance with the mission and goals
2166	of the K-20 education system. The commissioner's office shall
2167	operate all statewide functions necessary to support the State
2168	Board of Education and the K-20 education system.
2169	Section 66.  Paragraphs (d) and (e) of subsection (3) and
2170	subsections (4), (5), and (6) of section 1000.05, Florida
2171	Statutes, are amended to read:
2172	1000.05  Discrimination against students and employees in
2173	the Florida K-20 public education system prohibited; equality of
2174	access required.--
2175	(3)
2176	(d)  A public K-20 educational institution which operates
2177	or sponsors interscholastic, intercollegiate, club, or
2178	intramural athletics shall provide equal athletic opportunity
2179	for members of both genders.
2180	1.  The Board of Governors shall determine whether equal
2181	opportunities are available at state universities.
2182	2.  The Commissioner of Education shall determine whether
2183	equal opportunities are available in school districts and
2184	community colleges. In determining whether equal opportunities
2185	are available in school districts and community colleges, the
2186	Commissioner of Education shall consider, among other factors:
2187	a.1.  Whether the selection of sports and levels of
2188	competition effectively accommodate the interests and abilities
2189	of members of both genders.
2190	b.2.  The provision of equipment and supplies.
2191	c.3.  Scheduling of games and practice times.
2192	d.4.  Travel and per diem allowances.
2193	e.5.  Opportunities to receive coaching and academic
2194	tutoring.
2195	f.6.  Assignment and compensation of coaches and tutors.
2196	g.7.  Provision of locker room, practice, and competitive
2197	facilities.
2198	h.8.  Provision of medical and training facilities and
2199	services.
2200	i.9.  Provision of housing and dining facilities and
2201	services.
2202	j.10.  Publicity.
2203
2204	Unequal aggregate expenditures for members of each gender or
2205	unequal expenditures for male and female teams if a public
2206	school or community college K-20 educational institution
2207	operates or sponsors separate teams do not constitute
2208	nonimplementation of this subsection, but the Commissioner of
2209	Education shall consider the failure to provide necessary funds
2210	for teams for one gender in assessing equality of opportunity
2211	for members of each gender.
2212	(e)  A public school or community college K-20 educational
2213	institution may provide separate toilet, locker room, and shower
2214	facilities on the basis of gender, but such facilities shall be
2215	comparable to such facilities provided for students of the other
2216	gender.
2217	(4)  Public schools and community colleges Educational
2218	institutions within the state public K-20 education system shall
2219	develop and implement methods and strategies to increase the
2220	participation of students of a particular race, ethnicity,
2221	national origin, gender, disability, or marital status in
2222	programs and courses in which students of that particular race,
2223	ethnicity, national origin, gender, disability, or marital
2224	status have been traditionally underrepresented, including, but
2225	not limited to, mathematics, science, computer technology,
2226	electronics, communications technology, engineering, and career
2227	education.
2228	(5)(a)  The State Board of Education shall adopt rules to
2229	implement this section as it relates to school districts and
2230	community colleges.
2231	(b)  The Board of Governors shall adopt rules to implement
2232	this section as it relates to state universities.
2233	(6)  The functions of the Office of Equal Educational
2234	Opportunity of the Department of Education shall include, but
2235	are not limited to:
2236	(a)  Requiring all district school boards and, community
2237	college boards of trustees, and state university boards of
2238	trustees to develop and submit plans for the implementation of
2239	this section to the Department of Education.
2240	(b)  Conducting periodic reviews of school districts and
2241	community colleges public K-20 educational agencies to determine
2242	compliance with this section and, after a finding that a school
2243	district or a community college an educational agency is not in
2244	compliance with this section, notifying the entity agency of the
2245	steps that it must take to attain compliance and performing
2246	followup monitoring.
2247	(c)  Providing technical assistance, including assisting
2248	school districts or community colleges public K-20 educational
2249	agencies in identifying unlawful discrimination and instructing
2250	them in remedies for correction and prevention of such
2251	discrimination and performing followup monitoring.
2252	(d)  Conducting studies of the effectiveness of methods and
2253	strategies designed to increase the participation of students in
2254	programs and courses in which students of a particular race,
2255	ethnicity, national origin, gender, disability, or marital
2256	status have been traditionally underrepresented and monitoring
2257	the success of students in such programs or courses, including
2258	performing followup monitoring.
2259	(e)  Requiring all district school boards and, community
2260	college boards of trustees, and state university boards of
2261	trustees to submit data and information necessary to determine
2262	compliance with this section. The Commissioner of Education
2263	shall prescribe the format and the date for submission of such
2264	data and any other educational equity data. If any board does
2265	not submit the required compliance data or other required
2266	educational equity data by the prescribed date, the commissioner
2267	shall notify the board of this fact and, if the board does not
2268	take appropriate action to immediately submit the required
2269	report, the State Board of Education shall impose monetary
2270	sanctions.
2271	(f)  Based upon rules of the State Board of Education,
2272	developing and implementing enforcement mechanisms with
2273	appropriate penalties to ensure that public K-12 schools and,
2274	community colleges, and state universities comply with Title IX
2275	of the Education Amendments of 1972 and subsection (3) of this
2276	section. However, the State Board of Education may not force a
2277	public school or community college an educational agency to
2278	conduct, nor penalize such entity an educational agency for not
2279	conducting, a program of athletic activity or athletic
2280	scholarship for female athletes unless it is an athletic
2281	activity approved for women by a recognized association whose
2282	purpose is to promote athletics and a conference or league
2283	exists to promote interscholastic or intercollegiate competition
2284	for women in that athletic activity.
2285	(g)  Reporting to the Commissioner of Education any
2286	district school board or, community college board of trustees,
2287	or state university board of trustees found to be out of
2288	compliance with rules of the State Board of Education adopted as
2289	required by paragraph (f) or paragraph (3)(d). To penalize the
2290	board, the State Board of Education shall:
2291	1.  Declare the school district or community college
2292	educational agency ineligible for competitive state grants.
2293	2.  Notwithstanding the provisions of s. 216.192, direct
2294	the Chief Financial Officer to withhold general revenue funds
2295	sufficient to obtain compliance from the school district or
2296	community college educational agency.
2297
2298	The school district or community college educational agency
2299	shall remain ineligible and the funds shall not be paid until
2300	the institution agency comes into compliance or the State Board
2301	of Education approves a plan for compliance.
2302	Section 67.  Subsection (8) is added to section 1000.21,
2303	Florida Statutes, to read:
2304	1000.21  Systemwide definitions.--As used in the Florida K-
2305	K-20 Education Code:
2306	(8)  "Board of Governors" is the Board of Governors of the
2307	State University System.
2308	Section 68.  Section 1001.02, Florida Statutes, is amended
2309	to read:
2310	1001.02  General powers of State Board of Education.--
2311	(1)  The State Board of Education is the chief implementing
2312	and coordinating body of public education in Florida except for
2313	the State University System, and it shall focus on high-level
2314	policy decisions. It has authority to adopt rules pursuant to
2315	ss. 120.536(1) and 120.54 to implement the provisions of law
2316	conferring duties upon it for the improvement of the state
2317	system of K-20 public education except for the State University
2318	System. Except as otherwise provided herein, it may, as it finds
2319	appropriate, delegate its general powers to the Commissioner of
2320	Education or the directors of the divisions of the department.
2321	(2)  The State Board of Education has the following duties:
2322	(a)  To adopt comprehensive educational objectives for
2323	public education except for the State University System.
2324	(b)  To adopt comprehensive long-range plans and short-
2325	range programs for the development of the state system of public
2326	education except for the State University System.
2327	(c)  To exercise general supervision over the divisions of
2328	the Department of Education as necessary to ensure coordination
2329	of educational plans and programs and resolve controversies and
2330	to minimize problems of articulation and student transfers, to
2331	ensure that students moving from one level of education to the
2332	next have acquired competencies necessary for satisfactory
2333	performance at that level, and to ensure maximum utilization of
2334	facilities.
2335	(d)  To adopt, in consultation with the Board of Governors
2336	for state universities and community colleges, and from time to
2337	time modify, minimum and uniform standards of college-level
2338	communication and computation skills generally associated with
2339	successful performance and progression through the baccalaureate
2340	level and to identify college-preparatory high school coursework
2341	and postsecondary-level coursework that prepares students with
2342	the academic skills necessary to succeed in postsecondary
2343	education.
2344	(e)  To adopt and submit to the Governor and Legislature,
2345	as provided in s. 216.023 on or before September 1 of each year,
2346	a coordinated K-20 education budget that estimates the
2347	expenditure requirements for the Board of Governors, as provided
2348	in s. 1001.706, the State Board of Education, including the
2349	Department of Education and, the Commissioner of Education, and
2350	all of the boards, institutions, agencies, and services under
2351	the general supervision of the Board of Governors, as provided
2352	in s. 1001.706, or the State Board of Education for the ensuing
2353	fiscal year. The State Board of Education may not amend the
2354	budget request submitted by the Board of Governors. Any program
2355	recommended by the Board of Governors or the State Board of
2356	Education which will require increases in state funding for more
2357	than 1 year must be presented in a multiyear budget plan.
2358	(f)  To hold meetings, transact business, keep records,
2359	adopt a seal, and, except as otherwise provided by law, perform
2360	such other duties as may be necessary for the enforcement of all
2361	laws and rules relating to the state system of public education.
2362	(g)  To approve plans for cooperating with the Federal
2363	Government.
2364	(h)  To approve plans for cooperating with other public
2365	agencies in the development of rules and in the enforcement of
2366	laws for which the state board and such agencies are jointly
2367	responsible.
2368	(i)  To review plans for cooperating with appropriate
2369	nonpublic agencies for the improvement of conditions relating to
2370	the welfare of schools.
2371	(j)  To create such subordinate advisory bodies as are
2372	required by law or as it finds necessary for the improvement of
2373	education.
2374	(k)  To constitute any education bodies or other structures
2375	as required by federal law.
2376	(l)  To assist in the economic development of the state by
2377	developing a state-level planning process to identify future
2378	training needs for industry, especially high-technology
2379	industry.
2380	(m)  To assist in the planning and economic development of
2381	the state by establishing a clearinghouse for information on
2382	educational programs of value to economic development.
2383	(n)  To adopt cohesive rules pursuant to ss. 120.536(1) and
2384	120.54, within statutory authority, for education systemwide
2385	issues.
2386	(o)  To authorize the allocation of resources in accordance
2387	with law and rule.
2388	(p)  To contract with independent institutions accredited
2389	by an agency whose standards are comparable to the minimum
2390	standards required to operate a postsecondary educational
2391	institution at that level in the state. The purpose of the
2392	contract is to provide those educational programs and facilities
2393	which will meet needs unfulfilled by the state system of public
2394	postsecondary education.
2395	(q)  To recommend that a district school board take action
2396	consistent with the state board's decision relating to an appeal
2397	of a charter school application.
2398	(r)  To enforce systemwide education goals and policies
2399	except as otherwise provided by law.
2400	(s)  To establish a detailed procedure for the
2401	implementation and operation of a systemwide K-20 technology
2402	plan that is based on a common set of data definitions.
2403	(t)  To establish accountability standards for existing
2404	legislative performance goals, standards, and measures, and
2405	order the development of mechanisms to implement new legislative
2406	goals, standards, and measures.
2407	(u)  To adopt criteria and implementation plans for future
2408	growth issues, such as new community colleges and community
2409	college universities and campus mergers, and to provide for
2410	cooperative agreements between and within public and private
2411	education sectors.
2412	(v)  To develop, in conjunction with the Board of
2413	Governors, and periodically review for adjustment, a coordinated
2414	5-year plan for postsecondary enrollment and annually submit the
2415	plan to the Legislature.
2416	(w)  To approve a new program at the professional level or
2417	doctoral level, if:
2418	1.  The university has taken into account the need and
2419	demand for the program, the university's mission, and similar
2420	program offerings by public and nonpublic counterparts.
2421	2.  The addition of the program will not alter the
2422	university's emphasis on undergraduate education.
2423	(x)  To review, and approve or disapprove, degree programs
2424	identified as unique pursuant to s. 1007.25.
2425	(y)  To recommend to the Legislature a plan for
2426	implementing block tuition programs and providing other
2427	incentives to encourage students to graduate within 4 years.
2428	(3)  The State Board of Education shall adopt rules to
2429	establish the criteria for assigning, reviewing, and removing
2430	limited-access status to an educational program. The State Board
2431	of Education shall monitor the extent of limited-access programs
2432	within the state universities and report to the Legislature
2433	admissions and enrollment data for limited-access programs. Such
2434	report shall be submitted annually by December 1 and shall
2435	assist in determining the potential need for academic program
2436	contracts with independent institutions pursuant to paragraph
2437	(2)(p). The report must specify, for each limited-access program
2438	within each institution, the following categories, by race and
2439	gender:
2440	(a)  The number of applicants.
2441	(b)  The number of applicants granted admission.
2442	(c)  The number of applicants who are granted admission and
2443	enroll.
2444	(d)  The number of applicants denied admission.
2445	(e)  The number of applicants neither granted admission nor
2446	denied admission.
2447
2448	Each category must be reported for each term. Each category must
2449	be reported by type of student, including the following
2450	subcategories: native students, community college associate in
2451	arts degree transfer students, and other students. Each category
2452	and subcategory must further be reported according to the number
2453	of students who meet or exceed the minimum eligibility
2454	requirements for admission to the program and the number of
2455	students who do not meet or exceed the minimum eligibility
2456	requirements for admission to the program.
2457	(4)  The State Board of Education shall review, and approve
2458	or disapprove, baccalaureate-degree programs that exceed 120
2459	semester hours, after considering accreditation requirements,
2460	employment and earnings of graduates, comparative program
2461	lengths nationally, and comparisons with similar programs
2462	offered by independent institutions. By December 31 of each
2463	year, the State Board of Education must report to the
2464	Legislature any degrees in the state universities that require
2465	more than 120 hours, along with appropriate evidence of need. At
2466	least every 5 years, the State Board of Education must determine
2467	whether the programs still require more than the standard length
2468	of 120 hours.
2469	(3)(5)(a)  The State Board of Education shall adopt a
2470	systemwide strategic plan that specifies goals and objectives
2471	for the state's public schools state universities and community
2472	colleges. In developing this plan, the State Board of Education
2473	shall consider the role of individual public and independent
2474	institutions within the state. The plan shall be formulated in
2475	conjunction with plans of the Board of Governors in order to
2476	provide for the roles of the universities and community colleges
2477	to be coordinated to best meet state needs and reflect cost-
2478	effective use of state resources. The strategic plan must
2479	clarify mission statements and identify degree programs to be
2480	offered at each university and community college in accordance
2481	with the objectives provided in this subsection. The systemwide
2482	strategic plan must cover a period of 5 years, with modification
2483	of the program lists after 2 years. Development of each 5-year
2484	plan must be coordinated with and initiated after completion of
2485	the master plan. The systemwide and university and community
2486	college strategic plans must specifically include programs and
2487	procedures for responding to the educational needs of teachers
2488	and students in the public schools of this state. The state
2489	board shall submit a report to the President of the Senate and
2490	the Speaker of the House of Representatives upon modification of
2491	the system plan.
2492	(b)  The State Board of Education and the Board of
2493	Governors shall jointly develop long-range plans and annual
2494	reports for financial aid in this state. The long-range plans
2495	shall establish goals and objectives for a comprehensive program
2496	of financial aid for Florida students and shall be updated every
2497	5 years. The annual report shall include programs administered
2498	by the department as well as awards made from financial aid fee
2499	revenues, any other funds appropriated by the Legislature for
2500	financial assistance, and the value of tuition and fees waived
2501	for students enrolled in a dual enrollment course at a public
2502	postsecondary educational institution. The annual report shall
2503	include an assessment of progress made in achieving goals and
2504	objectives established in the long-range plans and
2505	recommendations for repealing or modifying existing financial
2506	aid programs or establishing new programs. A long-range plan
2507	shall be submitted by January 1, 2004, and every 5 years
2508	thereafter. An annual report shall be submitted on January 1,
2509	2004, and in each successive year that a long-range plan is not
2510	submitted, to the President of the Senate and the Speaker of the
2511	House of Representatives.
2512	(6)  The State Board of Education shall coordinate the
2513	programs with the Council for Education Policy Research and
2514	Improvement, including doctoral programs. The programs shall be
2515	reviewed every 5 years or whenever the state board determines
2516	that the effectiveness or efficiency of a program is
2517	jeopardized. The State Board of Education shall define the
2518	indicators of quality and the criteria for program review for
2519	every program. Such indicators include need, student demand,
2520	industry-driven competencies for advanced technology and related
2521	programs, and resources available to support continuation. The
2522	results of the program reviews must be tied to the university
2523	and community college budget requests.
2524	(4)(7)  The State Board of Education shall:
2525	(a)  Provide for each community college to offer
2526	educational training and service programs designed to meet the
2527	needs of both students and the communities served.
2528	(b)  Specify, by rule, procedures to be used by the
2529	community college boards of trustees in the annual evaluations
2530	of presidents and review the evaluations of presidents by the
2531	boards of trustees.
2532	(c)  Establish, in conjunction with the Board of Governors,
2533	an effective information system that will provide composite data
2534	concerning the community colleges and state universities and
2535	ensure that special analyses and studies concerning the
2536	institutions are conducted, as necessary, for provision of
2537	accurate and cost-effective information concerning the
2538	institutions.
2539	(d)  Establish criteria for making recommendations for
2540	modifying district boundary lines for community colleges.
2541	(e)  Establish criteria for making recommendations
2542	concerning all proposals for the establishment of additional
2543	centers or campuses for community colleges and state
2544	universities.
2545	(f)  Examine the annual administrative review of each
2546	community college and state university.
2547	(g)  Specify, by rule, the college-credit degree program
2548	courses that may be taken by community college students
2549	concurrently enrolled in college-preparatory instruction.
2550	(h)  Adopt and submit to the Legislature a 3-year list of
2551	priorities for fixed-capital-outlay projects. The State Board of
2552	Education may not amend the 3-year list of priorities of the
2553	Board of Governors.
2554	(5)(8)  The State Board of Education is responsible for
2555	reviewing and administering the state program of support for the
2556	community colleges and, subject to existing law, shall establish
2557	the tuition and out-of-state fees for college-preparatory
2558	instruction and for credit instruction that may be counted
2559	toward an associate in arts degree, an associate in applied
2560	science degree, or an associate in science degree.
2561	(6)(9)  The State Board of Education shall prescribe
2562	minimum standards, definitions, and guidelines for community
2563	colleges and state universities that will ensure the quality of
2564	education, coordination among the community colleges and state
2565	universities, and efficient progress toward accomplishing the
2566	community college and state university mission. At a minimum,
2567	these rules must address:
2568	(a)  Personnel.
2569	(b)  Contracting.
2570	(c)  Program offerings and classification, including
2571	college-level communication and computation skills associated
2572	with successful performance in college and with tests and other
2573	assessment procedures that measure student achievement of those
2574	skills. The performance measures must provide that students
2575	moving from one level of education to the next acquire the
2576	necessary competencies for that level.
2577	(d)  Provisions for curriculum development, graduation
2578	requirements, college calendars, and program service areas.
2579	These provisions must include rules that:
2580	1.  Provide for the award of an associate in arts degree to
2581	a student who successfully completes 60 semester credit hours at
2582	the community college.
2583	2.  Require all of the credits accepted for the associate
2584	in arts degree to be in the statewide course numbering system as
2585	credits toward a baccalaureate degree offered by a state
2586	university or a community college.
2587	3.  Require no more than 36 semester credit hours in
2588	general education courses in the subject areas of communication,
2589	mathematics, social sciences, humanities, and natural sciences.
2590
2591	The rules should encourage community colleges to enter into
2592	agreements with state universities that allow community college
2593	students to complete upper-division-level courses at a community
2594	college. An agreement may provide for concurrent enrollment at
2595	the community college and the state university and may authorize
2596	the community college to offer an upper-division-level course or
2597	distance learning.
2598	(e)  Student admissions, conduct and discipline,
2599	nonclassroom activities, and fees.
2600	(f)  Budgeting.
2601	(g)  Business and financial matters.
2602	(h)  Student services.
2603	(i)  Reports, surveys, and information systems, including
2604	forms and dates of submission.
2605	Section 69.  Subsections (7), (8), (9), (10), and (13) of
2606	section 1001.03, Florida Statutes, are amended to read:
2607	1001.03  Specific powers of State Board of Education.--
2608	(7)  ARTICULATION ACCOUNTABILITY.--The State Board of
2609	Education shall develop articulation accountability measures
2610	that assess the status of systemwide articulation processes, in
2611	conjunction with the Board of Governors regarding the State
2612	University System, and shall establish an articulation
2613	accountability process in accordance with the provisions of
2614	chapter 1008, in conjunction with the Board of Governors
2615	regarding the State University System.
2616	(8)  SYSTEMWIDE ENFORCEMENT.--The State Board of Education
2617	shall enforce compliance with law and state board rule by all
2618	school districts and public postsecondary educational
2619	institutions, except for the State University System, in
2620	accordance with the provisions of s. 1008.32.
2621	(9)  MANAGEMENT INFORMATION DATABASES.--The State Board of
2622	Education, in conjunction with the Board of Governors regarding
2623	the State University System, shall continue to collect and
2624	maintain, at a minimum, the management information databases for
2625	state universities, and all other components of the public K-20
2626	education system as such databases existed on June 30, 2002.
2627	(10)  COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
2628	EDUCATION.--The State Board of Education, in conjunction with
2629	the Board of Governors, shall develop and implement a common
2630	placement test to assess the basic computation and communication
2631	skills of students who intend to enter a degree program at any
2632	community college or state university.
2633	(13)  CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
2634	PROGRAMS.--The State Board of Education shall provide for the
2635	cyclic review of all academic programs in community colleges and
2636	state universities at least every 7 years. Program reviews shall
2637	document how individual academic programs are achieving stated
2638	student learning and program objectives within the context of
2639	the institution's mission. The results of the program reviews
2640	shall inform strategic planning, program development, and
2641	budgeting decisions at the institutional level.
2642	Section 70.  Section 1001.10, Florida Statutes, is amended
2643	to read:
2644	1001.10  Commissioner of Education; general powers and
2645	duties.--
2646	(1)  The Commissioner of Education is the chief educational
2647	officer of the state and the sole custodian of the K-20 data
2648	warehouse, and is responsible for giving full assistance to the
2649	State Board of Education in enforcing compliance with the
2650	mission and goals of the seamless K-20 education system except
2651	for the State University System.
2652	(2)  The commissioner's office shall operate all statewide
2653	functions necessary to support the State Board of Education,
2654	including strategic planning and budget development, general
2655	administration, assessment, and accountability.
2656	(3)  To facilitate innovative practices and to allow local
2657	selection of educational methods, the State Board of Education
2658	may authorize the commissioner to waive, upon the request of a
2659	district school board, State Board of Education rules that
2660	relate to district school instruction and school operations,
2661	except those rules pertaining to civil rights, and student
2662	health, safety, and welfare. The Commissioner of Education is
2663	not authorized to grant waivers for any provisions in rule
2664	pertaining to the allocation and appropriation of state and
2665	local funds for public education; the election, compensation,
2666	and organization of school board members and superintendents;
2667	graduation and state accountability standards; financial
2668	reporting requirements; reporting of out-of-field teaching
2669	assignments under s. 1012.42; public meetings; public records;
2670	or due process hearings governed by chapter 120. No later than
2671	January 1 of each year, the commissioner shall report to the
2672	Legislature and the State Board of Education all approved waiver
2673	requests in the preceding year.
2674	(4)  Additionally, the commissioner has the following
2675	general powers and duties:
2676	(a)(1)  To appoint staff necessary to carry out his or her
2677	powers and duties.
2678	(b)(2)  To advise and counsel with the State Board of
2679	Education on all matters pertaining to education; to recommend
2680	to the State Board of Education actions and policies as, in the
2681	commissioner's opinion, should be acted upon or adopted; and to
2682	execute or provide for the execution of all acts and policies as
2683	are approved.
2684	(c)(3)  To keep such records as are necessary to set forth
2685	clearly all acts and proceedings of the State Board of
2686	Education.
2687	(d)(4)  To have a seal for his or her office with which, in
2688	connection with his or her own signature, the commissioner shall
2689	authenticate true copies of decisions, acts, or documents.
2690	(e)(5)  To recommend to the State Board of Education
2691	policies and steps designed to protect and preserve the
2692	principal of the State School Fund; to provide an assured and
2693	stable income from the fund; to execute such policies and
2694	actions as are approved; and to administer the State School
2695	Fund.
2696	(f)(6)  To take action on the release of mineral rights
2697	based upon the recommendations of the Board of Trustees of the
2698	Internal Improvement Trust Fund.
2699	(g)(7)  To submit to the State Board of Education, on or
2700	before October 1 August 1 of each year, recommendations for a
2701	coordinated K-20 education budget that estimates the
2702	expenditures for the Board of Governors, the State Board of
2703	Education, including the Department of Education and, the
2704	Commissioner of Education, and all of the boards, institutions,
2705	agencies, and services under the general supervision of the
2706	Board of Governors or the State Board of Education for the
2707	ensuing fiscal year. Any program recommended to the State Board
2708	of Education that will require increases in state funding for
2709	more than 1 year must be presented in a multiyear budget plan.
2710	(h)(8)  To develop and implement a plan for cooperating
2711	with the Federal Government in carrying out any or all phases of
2712	the educational program and to recommend policies for
2713	administering funds that are appropriated by Congress and
2714	apportioned to the state for any or all educational purposes.
2715	The Commissioner of Education shall submit to the Legislature
2716	the proposed state plan for the reauthorization of the No Child
2717	Left Behind Act before the proposed plan is submitted to federal
2718	agencies. The President of the Senate and the Speaker of the
2719	House of Representatives shall appoint members of the
2720	appropriate education and appropriations committees to serve as
2721	a select committee to review the proposed plan.
2722	(i)(9)  To develop and implement policies for cooperating
2723	with other public agencies in carrying out those phases of the
2724	program in which such cooperation is required by law or is
2725	deemed by the commissioner to be desirable and to cooperate with
2726	public and nonpublic agencies in planning and bringing about
2727	improvements in the educational program.
2728	(j)(10)  To prepare forms and procedures as are necessary
2729	to be used by district school boards and all other educational
2730	agencies to assure uniformity, accuracy, and efficiency in the
2731	keeping of records, the execution of contracts, the preparation
2732	of budgets, or the submission of reports; and to furnish at
2733	state expense, when deemed advisable by the commissioner, those
2734	forms that can more economically and efficiently be provided.
2735	(k)(11)  To implement a program of school improvement and
2736	education accountability designed to provide all students the
2737	opportunity to make adequate learning gains in each year of
2738	school as provided by statute and State Board of Education rule
2739	based upon the achievement of the state education goals,
2740	recognizing the following:
2741	(a)  The State Board of Education is the body corporate
2742	responsible for the supervision of the system of public
2743	education.
2744	1.(b)  The district school board is responsible for school
2745	and student performance.
2746	2.(c)  The individual school is the unit for education
2747	accountability.
2748	3.(d)  The community college board of trustees is
2749	responsible for community college performance and student
2750	performance.
2751	(e)  The university board of trustees is responsible for
2752	university performance and student performance.
2753	(l)(12)  To maintain establish a Citizen Information Center
2754	responsible for the preparation, publication, and dissemination
2755	distribution of user-friendly materials relating to the state's
2756	state system of seamless K-20 public education system, including
2757	the state's K-12 scholarship programs and the Voluntary
2758	Prekindergarten Education Program.
2759	(m)(13)  To prepare and publish annually reports giving
2760	statistics and other useful information pertaining to the
2761	state's K-12 scholarship programs and the Voluntary
2762	Prekindergarten Education Program Opportunity Scholarship
2763	Program.
2764	(n)(14)  To have printed or electronic copies of school
2765	laws, forms, instruments, instructions, and rules of the State
2766	Board of Education and provide for their distribution.
2767	(o)(15)  To develop criteria for use by state instructional
2768	materials committees in evaluating materials submitted for
2769	adoption consideration. The criteria shall, as appropriate, be
2770	based on instructional expectations reflected in curriculum
2771	frameworks and student performance standards. The criteria for
2772	each subject or course shall be made available to publishers of
2773	instructional materials pursuant to the requirements of chapter
2774	1006.
2775	(p)(16)  To prescribe procedures for evaluating
2776	instructional materials submitted by publishers and
2777	manufacturers in each adoption.
2778	(q)(17)  To enter into agreement with Space Florida to
2779	develop innovative aerospace-related education programs that
2780	promote mathematics and science education for grades K-20.
2781
2782	The commissioner's office shall operate all statewide functions
2783	necessary to support the State Board of Education and the K-20
2784	education system, including strategic planning and budget
2785	development, general administration, and assessment and
2786	accountability.
2787	Section 71.  Paragraphs (c) and (d) of subsection (1),
2788	paragraph (a) of subsection (2), and subsection (3) of section
2789	1001.11, Florida Statutes, are amended to read:
2790	1001.11  Commissioner of Education; other duties.--
2791	(1)  The Commissioner of Education must independently
2792	perform the following duties:
2793	(c)  In cooperation with the Board of Governors, develop
2794	and implement a process for receiving and processing requests,
2795	in conjunction with the Legislature, for the allocation of PECO
2796	funds for qualified postsecondary education projects.
2797	(d)  Integrally work with the boards of trustees of the
2798	state universities and community colleges.
2799	(2)(a)  The Commissioner of Education shall annually report
2800	the state's educational performance on state and national
2801	measures and shall recommend to the State Board of Education
2802	performance goals addressing the educational needs of the state
2803	for the K-20 education system. The Council for Education Policy
2804	Research and Improvement, as an independent entity, shall
2805	develop a report card assigning grades to indicate Florida's
2806	progress toward meeting those goals. The annual report card
2807	shall contain information showing Florida's performance relative
2808	to other states on selected measures, as well as Florida's
2809	ability to meet the need for postsecondary degrees and programs
2810	and how well the Legislature has provided resources to meet this
2811	need. The information shall include the results of the National
2812	Assessment of Educational Progress or a similar national
2813	assessment program administered to students in Florida. By
2814	January 1 of each year, the Council for Education Policy
2815	Research and Improvement shall submit the report card to the
2816	Legislature, the Governor, and the public.
2817	(b)  Prior to the regular legislative session, the
2818	Commissioner of Education shall present to the Legislature a
2819	plan for correcting any deficiencies identified in the report
2820	card.
2821	(3)  Notwithstanding any other provision of law to the
2822	contrary, the Commissioner of Education, in conjunction with the
2823	Legislature, and the Board of Governors regarding the State
2824	University System, must recommend funding priorities for the
2825	distribution of capital outlay funds for public postsecondary
2826	educational institutions, based on priorities that include, but
2827	are not limited to, the following criteria:
2828	(a)  Growth at the institutions.
2829	(b)  Need for specific skills statewide.
2830	(c)  Need for maintaining and repairing existing
2831	facilities.
2832	Section 72.  Paragraph (e) of subsection (4) of section
2833	1001.20, Florida Statutes, is amended to read:
2834	1001.20  Department under direction of state board.--
2835	(4)  The Department of Education shall establish the
2836	following offices within the Office of the Commissioner of
2837	Education which shall coordinate their activities with all other
2838	divisions and offices:
2839	(e)  Office of Inspector General.--Organized using existing
2840	resources and funds and responsible for promoting
2841	accountability, efficiency, and effectiveness and detecting
2842	fraud and abuse within school districts, the Florida School for
2843	the Deaf and the Blind, and community colleges, and state
2844	universities in Florida. If the Commissioner of Education
2845	determines that a district school board, the Board of Trustees
2846	for the Florida School for the Deaf and the Blind, or a
2847	community college public postsecondary educational institution
2848	board of trustees is unwilling or unable to address
2849	substantiated allegations made by any person relating to waste,
2850	fraud, or financial mismanagement within the school district,
2851	the Florida School for the Deaf and the Blind, or the community
2852	college, the office shall conduct, coordinate, or request
2853	investigations into such substantiated allegations made by any
2854	person relating to waste, fraud, or financial mismanagement
2855	within school districts, the Florida School for the Deaf and the
2856	Blind , community colleges, and state universities in Florida.
2857	The office shall have access to all information and personnel
2858	necessary to perform its duties and shall have all of its
2859	current powers, duties, and responsibilities authorized in s.
2860	20.055.
2861	Section 73.  Section 1001.28, Florida Statutes, is amended
2862	to read:
2863	1001.28  Distance learning duties.--The duties of the
2864	Department of Education concerning distance learning include,
2865	but are not limited to, the duty to:
2866	(1)  Facilitate the implementation of a statewide
2867	coordinated system and resource system for cost-efficient
2868	advanced telecommunications services and distance education
2869	which will increase overall student access to education.
2870	(2)  Coordinate the use of existing resources, including,
2871	but not limited to, the state's satellite transponders on the
2872	education satellites, the SUNCOM Network, the Florida
2873	Information Resource Network (FIRN), the Department of
2874	Management Services, the Department of Corrections, and the
2875	Department of Children and Family Services' satellite
2876	communication facilities to support a statewide advanced
2877	telecommunications services and distance learning network.
2878	(3)  Assist in the coordination of the utilization of the
2879	production and uplink capabilities available through Florida's
2880	public television stations, eligible facilities, independent
2881	colleges and universities, private firms, and others as needed.
2882	(4)  Seek the assistance and cooperation of Florida's cable
2883	television providers in the implementation of the statewide
2884	advanced telecommunications services and distance learning
2885	network.
2886	(5)  Seek the assistance and cooperation of Florida's
2887	telecommunications carriers to provide affordable student access
2888	to advanced telecommunications services and to distance
2889	learning.
2890	(6)  Coordinate partnerships for development, acquisition,
2891	use, and distribution of distance learning.
2892	(7)  Secure and administer funding for programs and
2893	activities for distance learning from federal, state, local, and
2894	private sources and from fees derived from services and
2895	materials.
2896	(8)  Manage the state's satellite transponder resources and
2897	enter into lease agreements to maximize the use of available
2898	transponder time. All net revenue realized through the leasing
2899	of available transponder time, after deducting the costs of
2900	performing the management function, shall be recycled to support
2901	the public education distance learning in this state based upon
2902	an allocation formula of one-third to the Department of
2903	Education, one-third to community colleges, and one-third to
2904	state universities.
2905	(9)  Hire appropriate staff which may include a position
2906	that shall be exempt from part II of chapter 110 and is included
2907	in the Senior Management Service in accordance with s. 110.205.
2908
2909	Nothing in this section shall be construed to abrogate,
2910	supersede, alter, or amend the powers and duties of any state
2911	agency, district school board, community college board of
2912	trustees, university board of trustees, the Board of Governors,
2913	or the State Board of Education.
2914	Section 74.  Subsection (17) of section 1001.64, Florida
2915	Statutes, is amended to read:
2916	1001.64  Community college boards of trustees; powers and
2917	duties.--
2918	(17)  Each board of trustees is accountable for performance
2919	in certificate career education and diploma programs pursuant to
2920	s. 1008.43 1008.44.
2921	Section 75.  Section 1001.70, Florida Statutes, is amended
2922	to read:
2923	1001.70  Board of Governors of the State University
2924	System.--
2925	(1)  Pursuant to s. 7(d), Art. IX of the State
2926	Constitution, the Board of Governors is established as a body
2927	corporate comprised of 17 members as follows: 14 citizen members
2928	appointed by the Governor subject to confirmation by the Senate;
2929	the Commissioner of Education; the chair of the advisory council
2930	of faculty senates or the equivalent; and the president of the
2931	Florida student association or the equivalent. The appointed
2932	members shall serve staggered 7-year terms. In order to achieve
2933	staggered terms, beginning July 1, 2003, of the initial
2934	appointments, 4 members shall serve 2-year terms, 5 members
2935	shall serve 3-year terms, and 5 members shall serve 7-year
2936	terms.
2937	(2)  Members of the Board of Governors shall receive no
2938	compensation but may be reimbursed for travel and per diem
2939	expenses as provided in s. 112.061.
2940	(3)  The Board of Governors, in exercising its authority
2941	under the State Constitution and statutes, shall exercise its
2942	authority in a manner that supports, promotes, and enhances a K-
2943	20 education system that provides affordable access to
2944	postsecondary educational opportunities for residents of the
2945	state to the extent authorized by the State Constitution and
2946	state law.
2947	Section 76.  Section 1001.706, Florida Statutes, is created
2948	to read:
2949	1001.706  Powers and duties of the Board of Governors.--
2950	(1)  GENERAL PROVISIONS.--
2951	(a)  For each constituent university, the Board of
2952	Governors, or the board's designee, shall be responsible for
2953	cost-effective policy decisions appropriate to the university's
2954	mission, the implementation and maintenance of high-quality
2955	education programs within law, the measurement of performance,
2956	the reporting of information, and the provision of input
2957	regarding state policy, budgeting, and education standards.
2958	(b)  The Board of Governors shall adopt rules pursuant to
2959	chapter 120 when acting pursuant to statutory authority derived
2960	from the Legislature. The Board of Governors may adopt rules
2961	pursuant to chapter 120 when exercising the powers, duties, and
2962	authority granted by s. 7, Art. IX of the State Constitution.
2963	(2)  POWERS AND DUTIES RELATING TO ORGANIZATION AND
2964	OPERATION OF STATE UNIVERSITIES.--
2965	(a)  The Board of Governors, or the board's designee, shall
2966	develop guidelines and procedures related to data and
2967	technology, including information systems, communications
2968	systems, computer hardware and software, and networks.
2969	(b)  The Board of Governors shall develop guidelines
2970	relating to divisions of sponsored research, pursuant to the
2971	provisions of s. 1004.22, to serve the function of
2972	administration and promotion of the programs of research.
2973	(c)  The Board of Governors shall prescribe conditions for
2974	direct-support organizations and university health services
2975	support organizations to be certified and to use university
2976	property and services. Conditions relating to certification must
2977	provide for audit review and oversight by the Board of
2978	Governors.
2979	(d)  The Board of Governors shall develop guidelines for
2980	supervising faculty practice plans for the academic health
2981	science centers.
2982	(e)  The Board of Governors shall ensure that students at
2983	state universities have access to general education courses as
2984	provided in the statewide articulation agreement, pursuant to s.
2985	1007.23.
2986	(f)  The Board of Governors shall approve baccalaureate
2987	degree programs that require more than 120 semester credit hours
2988	of coursework prior to such programs being offered by a state
2989	university. At least half of the required coursework for any
2990	baccalaureate degree must be offered at the lower-division
2991	level, except in program areas approved by the Board of
2992	Governors.
2993	(g)  The Board of Governors, or the board's designee, shall
2994	adopt a written antihazing policy, appropriate penalties for
2995	violations of such policy, and a program for enforcing such
2996	policy.
2997	(h)  The Board of Governors, or the board's designee, may
2998	establish a uniform code of conduct and appropriate penalties
2999	for violations of its rules by students and student
3000	organizations, including rules governing student academic
3001	honesty. Such penalties, unless otherwise provided by law, may
3002	include reasonable fines, the withholding of diplomas or
3003	transcripts pending compliance with rules or payment of fines,
3004	and the imposition of probation, suspension, or dismissal.
3005	(3)  POWERS AND DUTIES RELATING TO FINANCE.--
3006	(a)  The Board of Governors, or the board's designee, shall
3007	account for expenditures of all state, local, federal, and other
3008	funds. Such accounting systems shall have appropriate audit and
3009	internal controls in place that will enable the constituent
3010	universities to satisfactorily and timely perform all accounting
3011	and reporting functions required by state and federal law and
3012	rules.
3013	(b)  The Board of Governors shall prepare the legislative
3014	budget requests for the State University System, including a
3015	request for fixed capital outlay, and submit them to the State
3016	Board of Education for inclusion in the K-20 legislative budget
3017	request. The Board of Governors shall provide the state
3018	universities with fiscal policy guidelines, formats, and
3019	instruction for the development of individual university budget
3020	requests.
3021	(c)  The Board of Governors, or the board's designee, shall
3022	establish tuition and fees pursuant to ss. 1009.24 and 1009.26.
3023	(d)  The Board of Governors, or the board's designee, is
3024	authorized to secure comprehensive general liability insurance
3025	pursuant to s. 1004.24.
3026	(4)  POWERS AND DUTIES RELATING TO ACCOUNTABILITY.--
3027	(a)  The Board of Governors shall develop a strategic plan
3028	specifying goals and objectives for the State University System
3029	and each constituent university.
3030	(b)  The Board of Governors shall develop an accountability
3031	plan for the State University System and each constituent
3032	university.
3033	(c)  The Board of Governors shall maintain an effective
3034	information system to provide accurate, timely, and cost-
3035	effective information about each university. The board shall
3036	continue to collect and maintain, at a minimum, the management
3037	information databases as such databases existed on June 30,
3038	2002.
3039	(d)  If the Board of Governors of the State University
3040	System determines that a state university board of trustees is
3041	unwilling or unable to address substantiated allegations made by
3042	any person relating to waste, fraud, or financial mismanagement
3043	within the state university, the Office of the Inspector General
3044	shall investigate the allegations.
3045	(5)  POWERS AND DUTIES RELATING TO PERSONNEL.--
3046	(a)  The Board of Governors, or the board's designee, shall
3047	establish the personnel program for all employees of a state
3048	university, including the president.
3049	(b)  The Department of Management Services shall retain
3050	authority over state university employees for programs
3051	established in ss. 110.123, 110.161, 110.1232, 110.1234, and
3052	110.1238 and in chapters 121, 122, and 238. Unless specifically
3053	authorized by law, neither the Board of Governors nor a state
3054	university may offer group insurance programs for employees as a
3055	substitute for or as an alternative to the health insurance
3056	programs offered pursuant to chapter 110.
3057	(c)  Except as otherwise provided by law, university
3058	employees are public employees for purposes of chapter 112 and
3059	any payment for travel and per diem expenses shall not exceed
3060	the level specified in s. 112.061.
3061	(6)  POWERS AND DUTIES RELATING TO PROPERTY.--
3062	(a)  The Board of Governors shall develop guidelines for
3063	university boards of trustees relating to the acquisition of
3064	real and personal property and the sale and disposal thereof and
3065	the approval and execution of contracts for the purchase, sale,
3066	lease, license, or acquisition of commodities, goods, equipment,
3067	contractual services, leases of real and personal property, and
3068	construction. The acquisition may include purchase by
3069	installment or lease-purchase. Such contracts may provide for
3070	payment of interest on the unpaid portion of the purchase price.
3071	Title to all real property acquired prior to January 7, 2003,
3072	and to all real property acquired with funds appropriated by the
3073	Legislature shall be vested in the Board of Trustees of the
3074	Internal Improvement Trust Fund and shall be transferred and
3075	conveyed by it. Notwithstanding any other provisions of this
3076	subsection, each board of trustees shall comply with the
3077	provisions of s. 287.055 for the procurement of professional
3078	services as defined therein. Any acquisition pursuant to this
3079	paragraph is subject to the provisions of s. 1010.62.
3080	(b)  The Board of Governors shall develop guidelines for
3081	university boards of trustees relating to the use, maintenance,
3082	protection, and control of university-owned or university-
3083	controlled buildings and grounds, property and equipment, name,
3084	trademarks and other proprietary marks, and the financial and
3085	other resources of the university. Such authority may include
3086	placing restrictions on activities and on access to facilities,
3087	firearms, food, tobacco, alcoholic beverages, distribution of
3088	printed materials, commercial solicitation, animals, and sound.
3089	The authority provided the board of trustees in this subsection
3090	includes the prioritization of the use of space, property,
3091	equipment, and resources and the imposition of charges for those
3092	items.
3093	(c)  The Board of Governors, or the board's designee, shall
3094	administer a program for the maintenance and construction of
3095	facilities pursuant to chapter 1013.
3096	(d)  The Board of Governors, or the board's designee, shall
3097	ensure compliance with the provisions of s. 287.09451 for all
3098	procurement and ss. 255.101 and 255.102 for construction
3099	contracts, and rules adopted pursuant thereto, relating to the
3100	utilization of minority business enterprises, except that
3101	procurements costing less than the amount provided for in
3102	CATEGORY FIVE as provided in s. 287.017 shall not be subject to
3103	s. 287.09451.
3104	(e)  Notwithstanding the provisions of s. 253.025 but
3105	subject to the provisions of s. 1010.62, the Board of Governors,
3106	or the board's designee, may, with the consent of the Board of
3107	Trustees of the Internal Improvement Trust Fund, sell, convey,
3108	transfer, exchange, trade, or purchase real property and related
3109	improvements necessary and desirable to serve the needs and
3110	purposes of the university.
3111	1.  The Board of Governors, or the board's designee, may
3112	secure appraisals and surveys. The Board of Governors, or the
3113	board's designee, shall comply with the rules of the Board of
3114	Trustees of the Internal Improvement Trust Fund in securing
3115	appraisals. Whenever the Board of Governors, or the board's
3116	designee, finds it necessary for timely property acquisition, it
3117	may contract, without the need for competitive selection, with
3118	one or more appraisers whose names are contained on the list of
3119	approved appraisers maintained by the Division of State Lands in
3120	the Department of Environmental Protection.
3121	2.  The Board of Governors, or the board's designee, may
3122	negotiate and enter into an option contract before an appraisal
3123	is obtained. The option contract must state that the final
3124	purchase price may not exceed the maximum value allowed by law.
3125	The consideration for such an option contract may not exceed 10
3126	percent of the estimate obtained by the Board of Governors, or
3127	the board's designee, or 10 percent of the value of the parcel,
3128	whichever is greater, unless otherwise authorized by the Board
3129	of Governors or the board's designee.
3130	3.  This paragraph is not intended to abrogate in any
3131	manner the authority delegated to the Board of Trustees of the
3132	Internal Improvement Trust Fund or the Division of State Lands
3133	to approve a contract for purchase of state lands or to require
3134	policies and procedures to obtain clear legal title to parcels
3135	purchased for state purposes. Title to property acquired by a
3136	university board of trustees prior to January 7, 2003, and to
3137	property acquired with funds appropriated by the Legislature
3138	shall vest in the Board of Trustees of the Internal Improvement
3139	Trust Fund.
3140	(f)  The Board of Governors, or the board's designee, shall
3141	prepare and adopt a campus master plan pursuant to s. 1013.30.
3142	(g)  The Board of Governors, or the board's designee, shall
3143	prepare, adopt, and execute a campus development agreement
3144	pursuant to s. 1013.30.
3145	(h)  Notwithstanding the provisions of s. 216.351, the
3146	Board of Governors, or the board's designee, may authorize the
3147	rent or lease of parking facilities provided that such
3148	facilities are funded through parking fees or parking fines
3149	imposed by a university. The Board of Governors, or the board's
3150	designee, may authorize a university board of trustees to charge
3151	fees for parking at such rented or leased parking facilities.
3152	(7)  COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND
3153	REQUIREMENTS.--The Board of Governors has responsibility for
3154	compliance with state and federal laws, rules, regulations, and
3155	requirements.
3156	(8)  COOPERATION WITH OTHER BOARDS.--The Board of Governors
3157	shall implement a plan for working on a regular basis with the
3158	State Board of Education, the Commission for Independent
3159	Education, the university boards of trustees, representatives of
3160	the community college boards of trustees, representatives of the
3161	private colleges and universities, and representatives of the
3162	district school boards to achieve a seamless education system.
3163	(9)  The Board of Governors is prohibited from assessing
3164	any fee on state universities, unless specifically authorized by
3165	law.
3166	Section 77.  Subsections (3) and (4) of section 1001.71,
3167	Florida Statutes, are amended to read:
3168	1001.71  University boards of trustees; membership.--
3169	(3)  University boards of trustees are a part of the
3170	executive branch of state government. Each board of trustees
3171	shall select its chair and vice chair from the appointed members
3172	at its first regular meeting after July 1. The chair shall serve
3173	for 2 years and may be reselected for one additional consecutive
3174	term. The duties of the chair shall include presiding at all
3175	meetings of the board of trustees, calling special meetings of
3176	the board of trustees, and attesting to actions of the board of
3177	trustees. The duty of the vice chair is to act as chair during
3178	the absence or disability of the chair.
3179	(4)  The university president shall serve as executive
3180	officer and corporate secretary of the board of trustees and
3181	shall be responsible to the board of trustees for all operations
3182	of the university and for setting the agenda for meetings of the
3183	board of trustees in consultation with the chair.
3184	Section 78.  Section 1001.72, Florida Statutes, is amended
3185	to read:
3186	1001.72  University boards of trustees; boards to
3187	constitute a corporation.--
3188	(1)  Each board of trustees shall be a public body
3189	corporate by the name of "The (name of university) Board of
3190	Trustees," with all the powers of a body corporate, including
3191	the power to adopt a corporate seal, to contract and be
3192	contracted with, to sue and be sued, to plead and be impleaded
3193	in all courts of law or equity, and to give and receive
3194	donations. In all suits against a board of trustees, service of
3195	process shall be made on the chair of the board of trustees or,
3196	in the absence of the chair, on the corporate secretary or
3197	designee.
3198	(2)  It is the intent of the Legislature that the
3199	university boards of trustees are not departments of the
3200	executive branch of state government within the scope and
3201	meaning of s. 6, Art. IV of the State Constitution.
3202	(2)(3)  The corporation is constituted as a public
3203	instrumentality, and the exercise by the corporation of the
3204	power conferred by this section is considered to be the
3205	performance of an essential public function. The corporation
3206	shall constitute an agency for the purposes of s. 120.52. The
3207	corporation is subject to chapter 119 and s. 24, Art. I of the
3208	State Constitution, subject to exceptions applicable to the
3209	corporation, and to the provisions of chapter 286; however, the
3210	corporation shall be entitled to provide notice of internal
3211	review committee meetings for competitive proposals or
3212	procurement to applicants by mail or facsimile rather than by
3213	means of publication. The corporation is not governed by chapter
3214	607, but by the provisions of this part. The corporation shall
3215	maintain coverage under the State Risk Management Trust Fund as
3216	provided in chapter 284.
3217	(4)  No bureau, department, division, agency, or
3218	subdivision of the state shall exercise any responsibility and
3219	authority to operate any state university except as specifically
3220	provided by law or rules of the State Board of Education. This
3221	section shall not prohibit any department, bureau, division,
3222	agency, or subdivision of the state from providing access to
3223	programs or systems or providing other assistance to a state
3224	university pursuant to an agreement between the board of
3225	trustees and such department, bureau, division, agency, or
3226	subdivision of the state.
3227	(5)  University boards of trustees shall be corporations
3228	primarily acting as instrumentalities or agencies of the state,
3229	pursuant to s. 768.28(2), for purposes of sovereign immunity.
3230	Section 79.  Subsections (2) and (4) of section 1001.73,
3231	Florida Statutes, are amended to read:
3232	1001.73  University board empowered to act as trustee.--
3233	(2)  Deeds, mortgages, leases, and other contracts of the
3234	university board of trustees relating to real property of any
3235	such trust or any interest therein may be executed by the
3236	university board of trustees, as trustee, in the same manner as
3237	is provided by the laws of the state for the execution of
3238	similar documents by other corporations or may be executed by
3239	the signatures of a majority of the members of the board of
3240	trustees; however, to be effective, any such deed, mortgage, or
3241	lease contract for more than 10 years of any trust property,
3242	executed hereafter by the university board of trustees, shall be
3243	approved by a resolution of the Board of Governors State Board
3244	of Education; and such approving resolution may be evidenced by
3245	the signature of either the chair or the secretary of the Board
3246	of Governors State Board of Education to an endorsement on the
3247	instrument approved, reciting the date of such approval, and
3248	bearing the seal of the Board of Governors State Board of
3249	Education. Such signed and sealed endorsement shall be a part of
3250	the instrument and entitled to record without further proof.
3251	(4)  Nothing herein shall be construed to authorize a
3252	university board of trustees to contract a debt on behalf of, or
3253	in any way to obligate, the state; and the satisfaction of any
3254	debt or obligation incurred by the university board as trustee
3255	under the provisions of this section shall be exclusively from
3256	the trust property, mortgaged or encumbered; and nothing herein
3257	shall in any manner affect or relate to the provisions of ss.
3258	1010.61-1010.619 or s. 1013.78; and any mortgage, lease, or
3259	other agreement entered into pursuant to this section is subject
3260	to the provisions of s. 1010.62.
3261	Section 80.  Section 1001.74, Florida Statutes, is amended
3262	to read:
3263	(Substantial rewording of section. See
3264	s. 1001.74, F.S., for present text.)
3265	1001.74  Powers and duties of university boards of
3266	trustees.--
3267	(1)  GENERAL PROVISIONS.--
3268	(a)  Pursuant to s. 7(c), Art. IX of the State Constitution
3269	and except as otherwise provided by law, the Board of Governors
3270	shall establish the powers and duties of the university boards
3271	of trustees.
3272	(b)  To the extent delegated by the Board of Governors
3273	pursuant to s. 1001.706, the boards of trustees shall be
3274	responsible for cost-effective policy decisions appropriate to
3275	the university's mission, the implementation and maintenance of
3276	high-quality education programs within law and guidelines of the
3277	Board of Governors, the measurement of performance, the
3278	reporting of information, and the provision of input regarding
3279	state policy, budgeting, and education standards.
3280	(c)  Each board of trustees is vested with the authority to
3281	govern its university as necessary to provide proper governance
3282	and improvement of the university in accordance with law and
3283	with guidelines of the Board of Governors.
3284	(d)  Each board of trustees shall perform all duties
3285	assigned by law or by the Board of Governors.
3286	(e)  Each board of trustees shall adopt rules pursuant to
3287	chapter 120 when acting pursuant to statutory authority derived
3288	from the Legislature. Each board of trustees may adopt rules
3289	pursuant to chapter 120 when exercising the powers, duties, and
3290	authority granted by s. 7, Art. IX of the State Constitution.
3291	(2)  POWERS AND DUTIES RELATING TO ORGANIZATION AND
3292	OPERATION OF STATE UNIVERSITIES.--
3293	(a)  Each board of trustees constitutes the contracting
3294	agent of the university. Each university shall comply with the
3295	provisions of s. 287.055 for the procurement of professional
3296	services and may approve and execute all contracts for planning,
3297	construction, and equipment. For the purpose of a university's
3298	contracting authority, a "continuing contract" for professional
3299	services under the provisions of s. 287.055 is one in which
3300	construction costs do not exceed $1 million or the fee for study
3301	activity does not exceed $100,000. Contracts executed pursuant
3302	to this paragraph are subject to the requirements of s. 1010.62.
3303	(b)  Each board of trustees shall submit to the Board of
3304	Governors, for approval, all new campuses and instructional
3305	centers.
3306	(c)  Each board of trustees has responsibility for
3307	requiring no more than 120 semester hours of coursework for
3308	baccalaureate degree programs unless approved by the Board of
3309	Governors. At least half of the required coursework for any
3310	baccalaureate degree must be offered at the lower-division
3311	level, except in program areas approved by the Board of
3312	Governors.
3313	(d)  Each board of trustees has responsibility for ensuring
3314	that students have access to general education courses as
3315	provided in the statewide articulation agreement, pursuant to s.
3316	1007.23.
3317	(e)  To the extent delegated by the Board of Governors
3318	pursuant to s. 1001.706, each board of trustees shall adopt a
3319	written antihazing policy, appropriate penalties for violations
3320	of such policy, and a program for enforcing such policy.
3321	(f)  To the extent delegated by the Board of Governors
3322	pursuant to s. 1001.706, each board of trustees shall establish
3323	a uniform code of conduct and appropriate penalties for
3324	violations of its rules by students and student organizations,
3325	including rules governing student academic honesty. Such
3326	penalties, unless otherwise provided by law, may include
3327	reasonable fines, the withholding of diplomas or transcripts
3328	pending compliance with rules or payment of fines, and the
3329	imposition of probation, suspension, or dismissal.
3330	(g)  Each board of trustees is authorized to create
3331	divisions of sponsored research pursuant to the provisions of s.
3332	1004.22 and guidelines of the Board of Governors to serve the
3333	function of administration and promotion of the programs of
3334	research.
3335	(h)  Each board of trustees may develop and produce work
3336	products relating to educational endeavors that are subject to
3337	trademark, copyright, or patent statutes pursuant to s. 1004.23.
3338	(i)  To the extent delegated by the Board of Governors
3339	pursuant to s. 1001.706, each board of trustees shall develop
3340	guidelines and procedures related to data and technology,
3341	including information systems, communications systems, computer
3342	hardware and software, and networks.
3343	(j)  Each board of trustees shall govern traffic on its
3344	campus pursuant to s. 1006.66.
3345	(k)  A board of trustees has responsibility for supervising
3346	faculty practice plans for the academic health science centers
3347	pursuant to guidelines of the Board of Governors.
3348	(l)  Each board of trustees may certify direct-support
3349	organizations and university health services support
3350	organizations to use university property and services in
3351	accordance with guidelines of the Board of Governors.
3352	(m)  Each board of trustees may establish educational
3353	research centers for child development pursuant to s. 1011.48.
3354	(3)  POWERS AND DUTIES RELATING TO FINANCE.--
3355	(a)  To the extent delegated by the Board of Governors
3356	pursuant to s. 1001.706, each board of trustees shall account
3357	for expenditures of all state, local, federal, and other funds.
3358	Such accounting systems shall have appropriate audit and
3359	internal controls in place that will enable the university to
3360	satisfactorily and timely perform all accounting and reporting
3361	functions required by state and federal law and rules.
3362	(b)  Each board of trustees shall submit an institutional
3363	budget request, including a request for fixed capital outlay,
3364	and an operating budget to the Board of Governors for approval
3365	in accordance with guidelines established by the Board of
3366	Governors.
3367	(c)  To the extent delegated by the Board of Governors
3368	pursuant to s. 1001.706, each board of trustees shall establish
3369	tuition and fees pursuant to ss. 1009.24 and 1009.26.
3370	(d)  To the extent delegated by the Board of Governors
3371	pursuant to s. 1001.706, each board of trustees is authorized to
3372	secure comprehensive general liability insurance pursuant to s.
3373	1004.24.
3374	(e)  Each board of trustees may provide for payment of the
3375	costs of civil actions against officers, employees, or agents of
3376	the board pursuant to s. 1012.965.
3377	(f)  Each board of trustees may enter into agreements for,
3378	and accept, credit card payments as compensation for goods,
3379	services, tuition, and fees.
3380	(4)  POWERS AND DUTIES RELATING TO ACCOUNTABILITY.--
3381	(a)  Each board of trustees shall develop a strategic plan
3382	specifying institutional goals and objectives for the university
3383	for recommendation to and approval by the Board of Governors.
3384	(b)  Each board of trustees shall develop an accountability
3385	plan pursuant to guidelines established by the Board of
3386	Governors.
3387	(c)  Each board of trustees shall maintain an effective
3388	information system to provide accurate, timely, and cost-
3389	effective information about the university pursuant to
3390	guidelines of the Board of Governors.
3391	(5)  POWERS AND DUTIES RELATING TO PERSONNEL.--
3392	(a)  To the extent delegated by the Board of Governors
3393	pursuant to s. 1001.706, each board of trustees shall establish
3394	the personnel program for all employees of the university,
3395	including the president.
3396	(b)  The Department of Management Services shall retain
3397	authority over state university employees for programs
3398	established in ss. 110.123, 110.161, 110.1232, 110.1234, and
3399	110.1238 and in chapters 121, 122, and 238. Unless specifically
3400	authorized by law, neither the Board of Governors nor a state
3401	university may offer group insurance programs for employees as a
3402	substitute for or as an alternative to the health insurance
3403	programs offered pursuant to chapter 110.
3404	(c)  Except as otherwise provided by law, university
3405	employees are public employees for purposes of chapter 112 and
3406	the payment for travel and per diem shall not exceed the level
3407	specified in s. 112.061.
3408	(6)  POWERS AND DUTIES RELATING TO PROPERTY.--
3409	(a)  Each board of trustees shall have the authority to
3410	acquire real and personal property and contract for its sale and
3411	disposal and approve and execute contracts for the purchase,
3412	sale, lease, license, or acquisition of commodities, goods,
3413	equipment, contractual services, leases of real and personal
3414	property, and construction in accordance with law and guidelines
3415	of the Board of Governors. The acquisition may include purchase
3416	by installment or lease-purchase. Such contracts may provide for
3417	payment of interest on the unpaid portion of the purchase price.
3418	Title to all real property acquired prior to January 7, 2003,
3419	and to all real property acquired with funds appropriated by the
3420	Legislature shall be vested in the Board of Trustees of the
3421	Internal Improvement Trust Fund and shall be transferred and
3422	conveyed by it. Notwithstanding any other provisions of this
3423	subsection, each board of trustees shall comply with the
3424	provisions of s. 287.055 for the procurement of professional
3425	services as defined therein. Any acquisition pursuant to this
3426	paragraph is subject to the provisions of s. 1010.62.
3427	(b)  Each board of trustees shall have responsibility for
3428	the use, maintenance, protection, and control of university-
3429	owned or university-controlled buildings and grounds, property
3430	and equipment, name, trademarks and other proprietary marks, and
3431	the financial and other resources of the university pursuant to
3432	guidelines of the Board of Governors. Such authority may include
3433	placing restrictions on activities and on access to facilities,
3434	firearms, food, tobacco, alcoholic beverages, distribution of
3435	printed materials, commercial solicitation, animals, and sound.
3436	The authority vested in the board of trustees in this subsection
3437	includes the prioritization of the use of space, property,
3438	equipment, and resources and the imposition of charges for those
3439	items.
3440	(c)  To the extent delegated by the Board of Governors
3441	pursuant to s. 1001.706, each board of trustees shall administer
3442	a program for the maintenance and construction of facilities
3443	pursuant to chapter 1013.
3444	(d)  To the extent delegated by the Board of Governors
3445	pursuant to s. 1001.706, each board of trustees shall ensure
3446	compliance with the provisions of s. 287.09451 for all
3447	procurement and ss. 255.101 and 255.102 for construction
3448	contracts, and rules adopted pursuant thereto, relating to the
3449	utilization of minority business enterprises, except that
3450	procurements costing less than the amount provided for in
3451	CATEGORY FIVE as provided in s. 287.017 shall not be subject to
3452	s. 287.09451.
3453	(e)  Each board of trustees may exercise the right of
3454	eminent domain pursuant to the provisions of chapter 1013. Any
3455	suits or actions brought by the board of trustees shall be
3456	brought in the name of the board of trustees, and the Department
3457	of Legal Affairs shall conduct the proceedings for, and act as
3458	the counsel of, the board of trustees.
3459	(f)  Notwithstanding the provisions of s. 253.025 but
3460	subject to the provisions of s. 1010.62, each board of trustees
3461	may, to the extent delegated by the Board of Governors pursuant
3462	to s. 1001.706 and with the consent of the Board of Trustees of
3463	the Internal Improvement Trust Fund, sell, convey, transfer,
3464	exchange, trade, or purchase real property and related
3465	improvements necessary and desirable to serve the needs and
3466	purposes of the university.
3467	1.  To the extent delegated by the Board of Governors
3468	pursuant to s. 1001.706, each board of trustees may secure
3469	appraisals and surveys. The board of trustees shall comply with
3470	the rules of the Board of Trustees of the Internal Improvement
3471	Trust Fund in securing appraisals. Whenever the board of
3472	trustees finds it necessary for timely property acquisition, it
3473	may contract, without the need for competitive selection, with
3474	one or more appraisers whose names are contained on the list of
3475	approved appraisers maintained by the Division of State Lands in
3476	the Department of Environmental Protection.
3477	2.  To the extent delegated by the Board of Governors
3478	pursuant to s. 1001.706, each board of trustees may negotiate
3479	and enter into an option contract before an appraisal is
3480	obtained. The option contract must state that the final purchase
3481	price may not exceed the maximum value allowed by law. The
3482	consideration for such an option contract may not exceed 10
3483	percent of the estimate obtained by the board of trustees or 10
3484	percent of the value of the parcel, whichever is greater, unless
3485	otherwise authorized by the board of trustees.
3486	3.  This paragraph is not intended to abrogate in any
3487	manner the authority delegated to the Board of Trustees of the
3488	Internal Improvement Trust Fund or the Division of State Lands
3489	to approve a contract for purchase of state lands or to require
3490	policies and procedures to obtain clear legal title to parcels
3491	purchased for state purposes. Title to property acquired by a
3492	university board of trustees prior to January 7, 2003, and to
3493	property acquired with funds appropriated by the Legislature
3494	shall vest in the Board of Trustees of the Internal Improvement
3495	Trust Fund.
3496	(g)  To the extent delegated by the Board of Governors
3497	pursuant to s. 1001.706, each board of trustees shall prepare
3498	and adopt a campus master plan pursuant to s. 1013.30.
3499	(h)  To the extent delegated by the Board of Governors
3500	pursuant to s. 1001.706, each board of trustees shall prepare,
3501	adopt, and execute a campus development agreement pursuant to s.
3502	1013.30.
3503	(i)  Notwithstanding the provisions of s. 216.351 and to
3504	the extent delegated by the Board of Governors pursuant to s.
3505	1001.706, a board of trustees may authorize the rent or lease of
3506	parking facilities, provided that such facilities are funded
3507	through parking fees or parking fines imposed by a university.
3508	With authorization from the Board of Governors, a board of
3509	trustees may charge fees for parking at such rented or leased
3510	parking facilities.
3511	(j)  Each board of trustees shall adjust property records
3512	and dispose of state-owned tangible property in the university's
3513	custody in accordance with procedures established by the board
3514	of trustees in accordance with the provisions of chapter 273.
3515	Notwithstanding the provisions of s. 273.055(5), all moneys
3516	received from the disposition of state-owned tangible personal
3517	property shall be retained by the university and disbursed for
3518	the acquisition of tangible personal property and for all
3519	necessary operating expenditures. The university shall maintain
3520	records of the accounts into which such moneys are deposited.
3521	(7)  COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND
3522	REQUIREMENTS.--Each board of trustees has responsibility for
3523	compliance with state and federal laws, rules, regulations, and
3524	requirements.
3525	(8)  OTHER POWERS AND DUTIES.--A board of trustees shall
3526	perform such other duties as are provided by law or at the
3527	direction of the Board of Governors.
3528	Section 81.  Paragraph (a) of subsection (2) and subsection
3529	(4) of section 1002.35, Florida Statutes, are amended to read:
3530	1002.35  New World School of the Arts.--
3531	(2)(a)  For purposes of governance, the New World School of
3532	the Arts is assigned to Miami-Dade Community College, the Dade
3533	County School District, and one or more universities designated
3534	by the State Board of Education. The State Board of Education,
3535	in conjunction with the Board of Governors, shall assign to the
3536	New World School of the Arts a university partner or partners.
3537	In this selection, the State Board of Education and the Board of
3538	Governors shall consider the accreditation status of the core
3539	programs. Florida International University, in its capacity as
3540	the provider of university services to Dade County, shall be a
3541	partner to serve the New World School of the Arts, upon meeting
3542	the accreditation criteria. The respective boards shall appoint
3543	members to an executive board for administration of the school.
3544	The executive board may include community members and shall
3545	reflect proportionately the participating institutions. Miami-
3546	Dade Community College shall serve as fiscal agent for the
3547	school.
3548	(4)  The State Board of Education and the Board of
3549	Governors shall utilize resources, programs, and faculty from
3550	the various state universities in planning and providing the
3551	curriculum and courses at the New World School of the Arts,
3552	drawing on program strengths at each state university.
3553	Section 82.  Subsection (8) of section 1002.41, Florida
3554	Statutes, is amended to read:
3555	1002.41  Home education programs.--
3556	(8)  Home education students are eligible for admission to
3557	state universities in accordance with the policies and
3558	guidelines of the Board of Governors provisions of s. 1007.261.
3559	Section 83.  Subsections (1) and (3) of section 1004.03,
3560	Florida Statutes, are amended to read:
3561	1004.03  Program approval.--
3562	(1)  The Board of Governors State Board of Education shall
3563	establish criteria for the approval of new programs at state
3564	universities that will receive any support from tuition and fees
3565	assessed pursuant to s. 1009.24 or from funds appropriated by
3566	the Legislature through the General Appropriations Act or other
3567	law. These, which criteria include, but are not limited to, the
3568	following:
3569	(a)  New programs may not be approved unless the same
3570	objectives cannot be met through use of educational technology.
3571	(b)  Unnecessary duplication of programs offered by public
3572	and independent institutions shall be avoided.
3573	(c)  Cooperative programs, particularly within regions,
3574	should be encouraged.
3575	(d)  New programs shall be approved only if they are
3576	consistent with the strategic plan state master plans adopted by
3577	the Board of Governors State Board of Education.
3578	(e)  A new graduate-level program or professional-level
3579	program may be approved if:
3580	1.  The university has taken into account the offerings of
3581	its counterparts, including institutions in other sectors,
3582	particularly at the regional level.
3583	2.  The addition of the program will not alter the emphasis
3584	on undergraduate education.
3585	3.  The regional need and demand for the graduate program
3586	was addressed and the community needs are obvious.
3587	(3)  New colleges, schools, or functional equivalents of
3588	any program that leads leading to a degree that is offered as a
3589	credential for a specific license granted under the Florida
3590	Statutes or the State Constitution and that will receive any
3591	support from tuition and fees or from funds appropriated by the
3592	Legislature through the General Appropriations Act or other law
3593	shall not be established without the specific approval of the
3594	Legislature.
3595	Section 84.  Paragraph (b) of subsection (5) of section
3596	1004.04, Florida Statutes, is amended to read:
3597	1004.04  Public accountability and state approval for
3598	teacher preparation programs.--
3599	(5)  CONTINUED PROGRAM APPROVAL.--Notwithstanding
3600	subsection (4), failure by a public or nonpublic teacher
3601	preparation program to meet the criteria for continued program
3602	approval shall result in loss of program approval. The
3603	Department of Education, in collaboration with the departments
3604	and colleges of education, shall develop procedures for
3605	continued program approval that document the continuous
3606	improvement of program processes and graduates' performance.
3607	(b)  Additional criteria for continued program approval for
3608	public institutions may be approved by the State Board of
3609	Education. Such criteria must emphasize instruction in classroom
3610	management and must provide for the evaluation of the teacher
3611	candidates' performance in this area. The criteria shall also
3612	require instruction in working with underachieving students.
3613	Program evaluation procedures must include, but are not limited
3614	to, program graduates' satisfaction with instruction and the
3615	program's responsiveness to local school districts. Additional
3616	criteria for continued program approval for nonpublic
3617	institutions shall be developed in the same manner as for public
3618	institutions; however, such criteria must be based upon
3619	significant, objective, and quantifiable graduate performance
3620	measures. Responsibility for collecting data on outcome measures
3621	through survey instruments and other appropriate means shall be
3622	shared by the postsecondary educational institutions and the
3623	Department of Education. By January 1 of each year, the
3624	Department of Education shall report this information for each
3625	postsecondary educational institution that has state-approved
3626	programs of teacher education to the Governor, the State Board
3627	of Education, the Board of Governors, the Commissioner of
3628	Education, the President of the Senate, the Speaker of the House
3629	of Representatives, all Florida postsecondary teacher
3630	preparation programs, and interested members of the public. This
3631	report must analyze the data and make recommendations for
3632	improving teacher preparation programs in the state.
3633	Section 85.  Section 1004.07, Florida Statutes, is amended
3634	to read:
3635	1004.07  Student withdrawal from courses due to military
3636	service; effect.--
3637	(1)  Each district school board, community college district
3638	board of trustees, and state university board of trustees shall
3639	establish, by rule and pursuant to guidelines of the State Board
3640	of Education, policies regarding currently enrolled students who
3641	are called to, or enlist in, active military service.
3642	(2)  Such policies shall provide that any student enrolled
3643	in a postsecondary course or courses at a career center, a
3644	public community college, a public college, or a state
3645	university shall not incur academic or financial penalties by
3646	virtue of performing military service on behalf of our country.
3647	Such student shall be permitted the option of either completing
3648	the course or courses at a later date without penalty or
3649	withdrawing from the course or courses with a full refund of
3650	fees paid. If the student chooses to withdraw, the student's
3651	record shall reflect that the withdrawal is due to active
3652	military service.
3653	(3)  Policies of district school boards and community
3654	college boards of trustees shall be established by rule and
3655	pursuant to guidelines of the State Board of Education.
3656	(4)  Policies of state university boards of trustees shall
3657	be established by rule and pursuant to guidelines of the Board
3658	of Governors.
3659	Section 86.  Section 1004.21, Florida Statutes, is amended
3660	to read:
3661	(Substantial rewording of section. See
3662	s. 1004.21, F.S., for present text.)
3663	1004.21  State universities; general provisions.--State
3664	universities are part of the executive branch of state
3665	government and are administered by a board of trustees as
3666	provided in s. 1001.74.
3667	Section 87.  Subsections (1), (2), (6), and (7) of section
3668	1004.22, Florida Statutes, are amended to read:
3669	1004.22  Divisions of sponsored research at state
3670	universities.--
3671	(1)  Each university is authorized to create, in accordance
3672	with guidelines of the Board of Governors as it deems advisable,
3673	divisions of sponsored research which will serve the function of
3674	administration and promotion of the programs of research,
3675	including sponsored training programs, of the university at
3676	which they are located. A division of sponsored research created
3677	under the provisions of this section shall be under the
3678	supervision of the president of that university.
3679	(2)  The university shall set such policies to regulate the
3680	activities of the divisions of sponsored research as it may
3681	consider necessary to effectuate the purposes of this act and to
3682	administer the research programs in a manner which assures
3683	efficiency and effectiveness, producing the maximum benefit for
3684	the educational programs and maximum service to the state. To
3685	this end, materials that relate to methods of manufacture or
3686	production, potential trade secrets, potentially patentable
3687	material, actual trade secrets, business transactions, or
3688	proprietary information received, generated, ascertained, or
3689	discovered during the course of research conducted within the
3690	state universities shall be confidential and exempt from the
3691	provisions of s. 119.07(1), except that a division of sponsored
3692	research shall make available upon request the title and
3693	description of a research project, the name of the researcher,
3694	and the amount and source of funding provided for such project.
3695	(6)(a)  Each university shall submit to the Board of
3696	Governors State Board of Education a report of the activities of
3697	each division of sponsored research together with an estimated
3698	budget for the next fiscal year.
3699	(b)  Not less than 90 days prior to the convening of each
3700	regular session of the Legislature in which an appropriation
3701	shall be made, the Board of Governors State Board of Education
3702	shall submit to the chair of the appropriations committee of
3703	each house of the Legislature a compiled report, together with a
3704	compiled estimated budget for the next fiscal year. A copy of
3705	such report and estimated budget shall be furnished to the
3706	Governor, as the chief budget officer of the state.
3707	(7)  All purchases of a division of sponsored research
3708	shall be made in accordance with the policies and procedures of
3709	the university pursuant to guidelines of the Board of Governors;
3710	however, upon certification addressed to the university
3711	president that it is necessary for the efficient or expeditious
3712	prosecution of a research project, the president may exempt the
3713	purchase of material, supplies, equipment, or services for
3714	research purposes from the general purchasing requirement of the
3715	Florida Statutes.
3716	Section 88.  Section 1004.24, Florida Statutes, is amended
3717	to read:
3718	1004.24  Board of Governors, or the board's designee, State
3719	Board of Education authorized to secure liability insurance.--
3720	(1)  The Board of Governors, or the board's designee, State
3721	Board of Education is authorized to secure, or otherwise provide
3722	as a self-insurer, or by a combination thereof, comprehensive
3723	general liability insurance, including professional liability
3724	for health care and veterinary sciences, for:
3725	(a)  The Board of Governors State Board of Education and
3726	its officers and members.
3727	(b)  A university board of trustees and its officers and
3728	members.
3729	(c)  The faculty and other employees and agents of a
3730	university board of trustees.
3731	(d)  The students of a state university.
3732	(e)  A state university or any college, school, institute,
3733	center, or program thereof.
3734	(f)  Any not-for-profit corporation organized pursuant to
3735	chapter 617, and the directors, officers, employees, and agents
3736	thereof, which is affiliated with a state university, if the
3737	corporation is operated for the benefit of the state university
3738	in a manner consistent with the best interests of the state, and
3739	if such participation is approved by a self-insurance program
3740	council, the university president, and the board of trustees.
3741	(2)  In the event the Board of Governors, or the board's
3742	designee, State Board of Education adopts a self-insurance
3743	program, a governing council chaired by the vice president for
3744	health affairs or his or her academic equivalent shall be
3745	established to administer the program and its duties and
3746	responsibilities, including the administration of self-insurance
3747	program assets and expenditure policies, which shall be defined
3748	in rules as authorized by this section. The council shall have
3749	an annual actuary review performed to establish funding
3750	requirements to maintain the fiscal integrity of the self-
3751	insurance program. The assets of a self-insurance program shall
3752	be deposited outside the State Treasury and shall be
3753	administered in accordance with rules as authorized by this
3754	section.
3755	(3)  Any self-insurance program created under this section
3756	shall be funded by the entities and individuals protected by
3757	such program. There shall be no funds appropriated to any self-
3758	insurance program. The assets of the self-insurance program
3759	shall be the property of the board that adopts the self-
3760	insurance program State Board of Education and shall be used
3761	only to pay the administrative expenses of the self-insurance
3762	program and to pay any claim, judgment, or claims bill arising
3763	out of activities for which the self-insurance program was
3764	created. Investment income that is in excess of that income
3765	necessary to ensure the solvency of a self-insurance program as
3766	established by a casualty actuary may be used to defray the
3767	annual contribution paid into the program by the entities and
3768	individuals protected by the program.
3769	(4)  No self-insurance program adopted by the Board of
3770	Governors, or the board's designee, State Board of Education may
3771	sue or be sued. The claims files of any such program are
3772	privileged and confidential, exempt from the provisions of s.
3773	119.07(1), and are only for the use of the program in fulfilling
3774	its duties. Any self-insurance trust fund and revenues generated
3775	by that fund shall only be used to pay claims and administration
3776	expenses.
3777	(5)  Each self-insurance program council shall make
3778	provision for an annual financial audit pursuant to s. 11.45 of
3779	its accounts to be conducted by an independent certified public
3780	accountant. The annual audit report must include a management
3781	letter and shall be submitted to the Board of Governors and the
3782	university board of trustees State Board of Education for
3783	review. The Board of Governors State Board of Education shall
3784	have the authority to require and receive from the self-
3785	insurance program council or from its independent auditor any
3786	detail or supplemental data relative to the operation of the
3787	self-insurance program.
3788	(6)  The State Board of Education may make such rules as
3789	are necessary to carry out the provisions of this section.
3790	Section 89.  Paragraph (c) is added to subsection (1) of
3791	section 1004.28, Florida Statutes, and paragraph (b) of
3792	subsection (2) and subsections (5), (6), and (7) of that section
3793	are amended, to read:
3794	1004.28  Direct-support organizations; use of property;
3795	board of directors; activities; audit; facilities.--
3796	(1)  DEFINITIONS.--For the purposes of this section:
3797	(c)  "Property" does not include student fee revenues
3798	collected pursuant to s. 1009.24.
3799	(2)  USE OF PROPERTY.--
3800	(b)  The board of trustees, in accordance with rules and
3801	guidelines of the Board of Governors, shall prescribe by rule
3802	conditions with which a university direct-support organization
3803	must comply in order to use property, facilities, or personal
3804	services at any state university. Such rules shall provide for
3805	budget and audit review and oversight by the board of trustees.
3806	(5)  ANNUAL AUDIT.--Each direct-support organization shall
3807	provide for an annual financial audit of its accounts and
3808	records to be conducted by an independent certified public
3809	accountant in accordance with rules adopted by the Auditor
3810	General pursuant to s. 11.45(8) and by the university board of
3811	trustees. The annual audit report shall be submitted, within 9
3812	months after the end of the fiscal year, to the Auditor General
3813	and the Board of Governors State Board of Education for review.
3814	The Board of Governors State Board of Education, the university
3815	board of trustees, the Auditor General, and the Office of
3816	Program Policy Analysis and Government Accountability shall have
3817	the authority to require and receive from the organization or
3818	from its independent auditor any records relative to the
3819	operation of the organization. The identity of donors who desire
3820	to remain anonymous shall be protected, and that anonymity shall
3821	be maintained in the auditor's report. All records of the
3822	organization other than the auditor's report, management letter,
3823	and any supplemental data requested by the Board of Governors
3824	State Board of Education, the university board of trustees, the
3825	Auditor General, and the Office of Program Policy Analysis and
3826	Government Accountability shall be confidential and exempt from
3827	the provisions of s. 119.07(1).
3828	(6)  FACILITIES.--In addition to issuance of indebtedness
3829	pursuant to s. 1010.60(2), Each direct-support organization is
3830	authorized to enter into agreements to finance, design and
3831	construct, lease, lease-purchase, purchase, or operate
3832	facilities necessary and desirable to serve the needs and
3833	purposes of the university, as determined by the systemwide
3834	strategic plan adopted by the Board of Governors State Board of
3835	Education. Such agreements are subject to the provisions of ss.
3836	s. 1013.171 and 1010.62.
3837	(7)  ANNUAL BUDGETS AND REPORTS.--Each direct-support
3838	organization shall submit to the university president and the
3839	Board of Governors State Board of Education its federal Internal
3840	Revenue Service Application for Recognition of Exemption form
3841	(Form 1023) and its federal Internal Revenue Service Return of
3842	Organization Exempt from Income Tax form (Form 990).
3843	Section 90.  Subsections (3) and (5) of section 1004.29,
3844	Florida Statutes, are amended to read:
3845	1004.29  University health services support
3846	organizations.--
3847	(3)  A state university board of trustees, in accordance
3848	with rules and guidelines of the Board of Governors, may
3849	prescribe, by rule, conditions with which a university health
3850	services support organization must comply in order to be
3851	certified and to use property, facilities, or personal services
3852	at any state university. The rules must provide for budget,
3853	audit review, and oversight by the board of trustees. Such rules
3854	shall provide that the university health services support
3855	organization may provide salary supplements and other
3856	compensation or benefits for university faculty and staff
3857	employees only as set forth in the organization's budget, which
3858	shall be subject to approval by the university president.
3859	(5)  Each university health services support organization
3860	shall provide for an annual financial audit in accordance with
3861	s. 1004.28(5). The auditor's report, management letter, and any
3862	supplemental data requested by the Board of Governors State
3863	Board of Education, the university board of trustees, and the
3864	Auditor General shall be considered public records, pursuant to
3865	s. 119.07.
3866	Section 91.  Section 1004.35, Florida Statutes, is amended
3867	to read:
3868	1004.35  Broward County campuses of Florida Atlantic
3869	University; coordination with other institutions.--The State
3870	Board of Education, the Board of Governors, and Florida Atlantic
3871	University shall consult with Broward Community College and
3872	Florida International University in coordinating course
3873	offerings at the postsecondary level in Broward County. Florida
3874	Atlantic University may contract with the Board of Trustees of
3875	Broward Community College and with Florida International
3876	University to provide instruction in courses offered at the
3877	Southeast Campus. Florida Atlantic University shall increase
3878	course offerings at the Southeast Campus as facilities become
3879	available.
3880	Section 92.  Subsection (4) of section 1004.36, Florida
3881	Statutes, is amended to read:
3882	1004.36  Florida Atlantic University campuses.--
3883	(4)  The Board of Governors State Board of Education, as a
3884	function of its comprehensive master planning process, pursuant
3885	to s. 1001.706, shall continue to evaluate the need for
3886	undergraduate programs in Broward County and shall assess the
3887	extent to which existing postsecondary programs are addressing
3888	those needs.
3889	Section 93.  Subsection (5) of section 1004.39, Florida
3890	Statutes, is amended to read:
3891	1004.39  College of law at Florida International
3892	University.--
3893	(5)  The Florida International University Board of Trustees
3894	shall commence the planning of a college of law at Florida
3895	International University. In planning the college of law, The
3896	Florida International University Board of Trustees and the Board
3897	of Governors State Board of Education may accept grants,
3898	donations, gifts, and moneys available for this purpose,
3899	including moneys for planning and constructing the college. The
3900	Florida International University Board of Trustees may procure
3901	and accept any federal funds that are available for the
3902	planning, creation, and establishment of the college of law.
3903	Classes must commence by the fall semester 2003. If the American
3904	Bar Association or any other nationally recognized association
3905	for the accreditation of colleges of law issues a third
3906	disapproval of an application for provisional approval or for
3907	full approval or fails to grant, within 5 years following the
3908	graduation of the first class, a provisional approval, to the
3909	college of law at Florida International University, the Board of
3910	Governors State Board of Education shall make recommendations to
3911	the Governor and the Legislature as to whether the college of
3912	law will cease operations at the end of the full academic year
3913	subsequent to the receipt by the college of law of any such
3914	third disapproval, or whether the college of law will continue
3915	operations and any conditions for continued operations. If the
3916	college of law ceases operations pursuant to this section, the
3917	following conditions apply:
3918	(a)  The authority for the college of law at Florida
3919	International University and the authority of the Florida
3920	International University Board of Trustees and the Board of
3921	Governors State Board of Education provided in this section
3922	shall terminate upon the cessation of operations of the college
3923	of law at Florida International University. The college of law
3924	at Florida International University shall receive no moneys
3925	allocated for the planning, construction, or operation of the
3926	college of law after its cessation of operations other than
3927	moneys to be expended for the cessation of operations of the
3928	college of law. Any moneys allocated to the college of law at
3929	Florida International University not expended prior to or
3930	scheduled to be expended after the date of the cessation of the
3931	college of law shall be appropriated for other use by the
3932	Legislature of the State of Florida.
3933	(b)  Any buildings of the college of law at Florida
3934	International University constructed from the expenditure of
3935	capital outlay funds appropriated by the Legislature shall be
3936	owned by the Board of Trustees of the Internal Improvement Trust
3937	Fund and managed by the Florida International University Board
3938	of Trustees upon the cessation of the college of law.
3939
3940	Nothing in this section shall undermine commitments to current
3941	students receiving support as of the date of the enactment of
3942	this section from the law school scholarship program of the
3943	Florida Education Fund as provided in s. 1009.70(8). Students
3944	attending the college of law at Florida International University
3945	shall be eligible for financial, academic, or other support from
3946	the Florida Education Fund as provided in s. 1009.70(8) without
3947	the college's obtaining accreditation by the American Bar
3948	Association.
3949	Section 94.  Subsection (5) of section 1004.40, Florida
3950	Statutes, is amended to read:
3951	1004.40  College of law at Florida Agricultural and
3952	Mechanical University.--
3953	(5)  The Florida Agricultural and Mechanical University
3954	Board of Trustees shall commence the planning of a college of
3955	law under the auspices of Florida Agricultural and Mechanical
3956	University to be located in the I-4 corridor area. In planning
3957	the college of law, The Florida Agricultural and Mechanical
3958	University Board of Trustees and the Board of Governors State
3959	Board of Education may accept grants, donations, gifts, and
3960	moneys available for this purpose, including moneys for planning
3961	and constructing the college. The Florida Agricultural and
3962	Mechanical University Board of Trustees may procure and accept
3963	any federal funds that are available for the planning, creation,
3964	and establishment of the college of law. Classes must commence
3965	by the fall semester 2003. If the American Bar Association or
3966	any other nationally recognized association for the
3967	accreditation of colleges of law issues a third disapproval of
3968	an application for provisional approval or for full approval or
3969	fails to grant, within 5 years following the graduation of the
3970	first class, a provisional approval, to the college of law at
3971	Florida Agricultural and Mechanical University, the Board of
3972	Governors State Board of Education shall make recommendations to
3973	the Governor and Legislature as to whether the college of law
3974	will cease operations at the end of the full academic year
3975	subsequent to the receipt by the college of law of any such
3976	third disapproval, or whether the college of law will continue
3977	operations and any conditions for continued operations. If the
3978	college of law ceases operations of the college of law pursuant
3979	to this section, the following conditions apply:
3980	(a)  The authority for the college of law at Florida
3981	Agricultural and Mechanical University and the authority of the
3982	Florida Agricultural and Mechanical University Board of Trustees
3983	and the Board of Governors State Board of Education provided in
3984	this section shall terminate upon the cessation of operations of
3985	the college of law at Florida Agricultural and Mechanical
3986	University. The college of law at Florida Agricultural and
3987	Mechanical University shall receive no moneys allocated for the
3988	planning, construction, or operation of the college of law after
3989	its cessation of operations other than moneys to be expended for
3990	the cessation of operations of the college of law. Any moneys
3991	allocated to the college of law at Florida Agricultural and
3992	Mechanical University not expended prior to or scheduled to be
3993	expended after the date of the cessation of the college of law
3994	shall be appropriated for other use by the Legislature of the
3995	State of Florida.
3996	(b)  Any buildings of the college of law at Florida
3997	Agricultural and Mechanical University constructed from the
3998	expenditure of capital outlay funds appropriated by the
3999	Legislature shall be owned by the Board of Trustees of the
4000	Internal Improvement Trust Fund and managed by the Florida
4001	Agricultural and Mechanical University Board of Trustees upon
4002	the cessation of the college of law.
4003
4004	Nothing in this section shall undermine commitments to current
4005	students receiving support as of the date of the enactment of
4006	this section from the law school scholarship program of the
4007	Florida Education Fund as provided in s. 1009.70(8). Students
4008	attending the college of law at Florida Agricultural and
4009	Mechanical University shall be eligible for financial, academic,
4010	or other support from the Florida Education Fund as provided in
4011	s. 1009.70(8) without the college's obtaining accreditation by
4012	the American Bar Association.
4013	Section 95.  Paragraph (e) of subsection (4) of section
4014	1004.41, Florida Statutes, is amended to read:
4015	1004.41  University of Florida; J. Hillis Miller Health
4016	Center.--
4017	(4)
4018	(e)  In the event that the lease of the hospital facilities
4019	to the not-for-profit corporation is terminated for any reason,
4020	the University of Florida Board of Trustees shall resume
4021	management and operation of the hospital facilities. In such
4022	event, the University of Florida Board of Trustees
4023	Administration Commission is authorized to utilize appropriate
4024	revenues generated from the operation of the hospital facilities
4025	to the University of Florida Board of Trustees to pay the costs
4026	and expenses of operating the hospital facility for the
4027	remainder of the fiscal year in which such termination occurs.
4028	Section 96.  Subsections (1) through (4), paragraphs (a),
4029	(f), and (g) of subsection (5), and paragraph (b) of subsection
4030	(8) of section 1004.43, Florida Statutes, are amended to read:
4031	1004.43  H. Lee Moffitt Cancer Center and Research
4032	Institute.--There is established the H. Lee Moffitt Cancer
4033	Center and Research Institute at the University of South
4034	Florida.
4035	(1)  The State Board of Education shall enter into an
4036	agreement for the utilization of the facilities on the campus of
4037	the University of South Florida to be known as the H. Lee
4038	Moffitt Cancer Center and Research Institute, including all
4039	furnishings, equipment, and other chattels used in the operation
4040	of said facilities, with a Florida not-for-profit corporation
4041	organized solely for the purpose of governing and operating the
4042	H. Lee Moffitt Cancer Center and Research Institute. This not-
4043	for-profit corporation, acting as an instrumentality of the
4044	State of Florida, shall govern and operate the H. Lee Moffitt
4045	Cancer Center and Research Institute in accordance with the
4046	terms of the agreement between the Board of Governors State
4047	Board of Education and the not-for-profit corporation. The not-
4048	for-profit corporation may, with the prior approval of the Board
4049	of Governors State Board of Education, create either for-profit
4050	or not-for-profit corporate subsidiaries, or both, to fulfill
4051	its mission. For-profit subsidiaries of the not-for-profit
4052	corporation may not compete with for-profit health care
4053	providers in the delivery of radiation therapy services to
4054	patients. The not-for-profit corporation and its subsidiaries
4055	are authorized to receive, hold, invest, and administer property
4056	and any moneys received from private, local, state, and federal
4057	sources, as well as technical and professional income generated
4058	or derived from practice activities of the institute, for the
4059	benefit of the institute and the fulfillment of its mission. The
4060	affairs of the corporation shall be managed by a board of
4061	directors who shall serve without compensation. The President of
4062	the University of South Florida and the chair of the Board of
4063	Governors State Board of Education, or his or her designee,
4064	shall be directors of the not-for-profit corporation, together
4065	with 5 representatives of the state universities and no more
4066	than 14 nor fewer than 10 directors who are not medical doctors
4067	or state employees. Each director shall have only one vote,
4068	shall serve a term of 3 years, and may be reelected to the
4069	board. Other than the President of the University of South
4070	Florida and the chair of the Board of Governors State Board of
4071	Education, directors shall be elected by a majority vote of the
4072	board. The chair of the board of directors shall be selected by
4073	majority vote of the directors.
4074	(2)  The Board of Governors State Board of Education shall
4075	provide in the agreement with the not-for-profit corporation for
4076	the following:
4077	(a)  Approval of the articles of incorporation of the not-
4078	for-profit corporation by the Board of Governors State Board of
4079	Education.
4080	(b)  Approval of the articles of incorporation of any not-
4081	for-profit corporate subsidiary created by the not-for-profit
4082	corporation.
4083	(c)  Utilization of lands, facilities, and personnel by the
4084	not-for-profit corporation and its subsidiaries for research,
4085	education, treatment, prevention, and the early detection of
4086	cancer and for mutually approved teaching and research programs
4087	conducted by the University of South Florida or other accredited
4088	medical schools or research institutes.
4089	(d)  Preparation of an annual financial audit of the not-
4090	for-profit corporation's accounts and records and the accounts
4091	and records of any subsidiaries to be conducted by an
4092	independent certified public accountant. The annual audit report
4093	shall include a management letter, as defined in s. 11.45, and
4094	shall be submitted to the Auditor General and the Board of
4095	Governors State Board of Education. The Board of Governors State
4096	Board of Education, the Auditor General, and the Office of
4097	Program Policy Analysis and Government Accountability shall have
4098	the authority to require and receive from the not-for-profit
4099	corporation and any subsidiaries or from their independent
4100	auditor any detail or supplemental data relative to the
4101	operation of the not-for-profit corporation or subsidiary.
4102	(e)  Provision by the not-for-profit corporation and its
4103	subsidiaries of equal employment opportunities to all persons
4104	regardless of race, color, religion, sex, age, or national
4105	origin.
4106	(3)  The Board of Governors State Board of Education is
4107	authorized to secure comprehensive general liability protection,
4108	including professional liability protection, for the not-for-
4109	profit corporation and its subsidiaries pursuant to s. 1004.24.
4110	The not-for-profit corporation and its subsidiaries shall be
4111	exempt from any participation in any property insurance trust
4112	fund established by law, including any property insurance trust
4113	fund established pursuant to chapter 284, so long as the not-
4114	for-profit corporation and its subsidiaries maintain property
4115	insurance protection with comparable or greater coverage limits.
4116	(4)  In the event that the agreement between the not-for-
4117	profit corporation and the Board of Governors State Board of
4118	Education is terminated for any reason, the Board of Governors
4119	State Board of Education shall resume governance and operation
4120	of such said facilities.
4121	(5)  The institute shall be administered by a chief
4122	executive officer who shall serve at the pleasure of the board
4123	of directors of the not-for-profit corporation and who shall
4124	have the following powers and duties subject to the approval of
4125	the board of directors:
4126	(a)  The chief executive officer shall establish programs
4127	which fulfill the mission of the institute in research,
4128	education, treatment, prevention, and the early detection of
4129	cancer; however, the chief executive officer shall not establish
4130	academic programs for which academic credit is awarded and which
4131	terminate in the conference of a degree without prior approval
4132	of the Board of Governors State Board of Education.
4133	(f)  The chief executive officer shall have a reporting
4134	relationship to the Board of Governors or its designee
4135	Commissioner of Education.
4136	(g)  The chief executive officer shall provide a copy of
4137	the institute's annual report to the Governor and Cabinet, the
4138	President of the Senate, the Speaker of the House of
4139	Representatives, and the chair of the Board of Governors State
4140	Board of Education.
4141	(8)
4142	(b)  Proprietary confidential business information is
4143	confidential and exempt from the provisions of s. 119.07(1) and
4144	s. 24(a), Art. I of the State Constitution. However, the Auditor
4145	General, the Office of Program Policy Analysis and Government
4146	Accountability, and the Board of Governors State Board of
4147	Education, pursuant to their oversight and auditing functions,
4148	must be given access to all proprietary confidential business
4149	information upon request and without subpoena and must maintain
4150	the confidentiality of information so received. As used in this
4151	paragraph, the term "proprietary confidential business
4152	information" means information, regardless of its form or
4153	characteristics, which is owned or controlled by the not-for-
4154	profit corporation or its subsidiaries; is intended to be and is
4155	treated by the not-for-profit corporation or its subsidiaries as
4156	private and the disclosure of which would harm the business
4157	operations of the not-for-profit corporation or its
4158	subsidiaries; has not been intentionally disclosed by the
4159	corporation or its subsidiaries unless pursuant to law, an order
4160	of a court or administrative body, a legislative proceeding
4161	pursuant to s. 5, Art. III of the State Constitution, or a
4162	private agreement that provides that the information may be
4163	released to the public; and which is information concerning:
4164	1.  Internal auditing controls and reports of internal
4165	auditors;
4166	2.  Matters reasonably encompassed in privileged attorney-
4167	client communications;
4168	3.  Contracts for managed-care arrangements, including
4169	preferred provider organization contracts, health maintenance
4170	organization contracts, and exclusive provider organization
4171	contracts, and any documents directly relating to the
4172	negotiation, performance, and implementation of any such
4173	contracts for managed-care arrangements;
4174	4.  Bids or other contractual data, banking records, and
4175	credit agreements the disclosure of which would impair the
4176	efforts of the not-for-profit corporation or its subsidiaries to
4177	contract for goods or services on favorable terms;
4178	5.  Information relating to private contractual data, the
4179	disclosure of which would impair the competitive interest of the
4180	provider of the information;
4181	6.  Corporate officer and employee personnel information;
4182	7.  Information relating to the proceedings and records of
4183	credentialing panels and committees and of the governing board
4184	of the not-for-profit corporation or its subsidiaries relating
4185	to credentialing;
4186	8.  Minutes of meetings of the governing board of the not-
4187	for-profit corporation and its subsidiaries, except minutes of
4188	meetings open to the public pursuant to subsection (9);
4189	9.  Information that reveals plans for marketing services
4190	that the corporation or its subsidiaries reasonably expect to be
4191	provided by competitors;
4192	10.  Trade secrets as defined in s. 688.002, including:
4193	a.  Information relating to methods of manufacture or
4194	production, potential trade secrets, potentially patentable
4195	materials, or proprietary information received, generated,
4196	ascertained, or discovered during the course of research
4197	conducted by the not-for-profit corporation or its subsidiaries;
4198	and
4199	b.  Reimbursement methodologies or rates;
4200	11.  The identity of donors or prospective donors of
4201	property who wish to remain anonymous or any information
4202	identifying such donors or prospective donors. The anonymity of
4203	these donors or prospective donors must be maintained in the
4204	auditor's report; or
4205	12.  Any information received by the not-for-profit
4206	corporation or its subsidiaries from an agency in this or
4207	another state or nation or the Federal Government which is
4208	otherwise exempt or confidential pursuant to the laws of this or
4209	another state or nation or pursuant to federal law.
4210
4211	As used in this paragraph, the term "managed care" means systems
4212	or techniques generally used by third-party payors or their
4213	agents to affect access to and control payment for health care
4214	services. Managed-care techniques most often include one or more
4215	of the following: prior, concurrent, and retrospective review of
4216	the medical necessity and appropriateness of services or site of
4217	services; contracts with selected health care providers;
4218	financial incentives or disincentives related to the use of
4219	specific providers, services, or service sites; controlled
4220	access to and coordination of services by a case manager; and
4221	payor efforts to identify treatment alternatives and modify
4222	benefit restrictions for high-cost patient care.
4223	(c)  Subparagraphs 10. and 12. of paragraph (b) are subject
4224	to the Open Government Sunset Review Act of 1995 in accordance
4225	with s. 119.15 and shall stand repealed on October 2, 2010,
4226	unless reviewed and saved from repeal through reenactment by the
4227	Legislature.
4228	Section 97.  Paragraph (b) of subsection (3) and
4229	subsections (4) and (5) of section 1004.435, Florida Statutes,
4230	are amended to read:
4231	1004.435  Cancer control and research.--
4232	(3)  DEFINITIONS.--The following words and phrases when
4233	used in this section have, unless the context clearly indicates
4234	otherwise, the meanings given to them in this subsection:
4235	(b)  "Council" means the Florida Cancer Control and
4236	Research Advisory Council, which is an advisory body appointed
4237	to function on a continuing basis for the study of cancer and
4238	which recommends solutions and policy alternatives to the Board
4239	of Governors State Board of Education and the secretary and
4240	which is established by this section.
4241	(4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
4242	CREATION; COMPOSITION.--
4243	(a)  There is created within the H. Lee Moffitt Cancer
4244	Center and Research Institute, Inc., the Florida Cancer Control
4245	and Research Advisory Council.  The council shall consist of 34
4246	35 members, which includes the chairperson, all of whom must be
4247	residents of this state. All members, except those appointed by
4248	the Speaker of the House of Representatives and the President of
4249	the Senate, must be appointed by the Governor. At least one of
4250	the members appointed by the Governor must be 60 years of age or
4251	older. One member must be a representative of the American
4252	Cancer Society; one member must be a representative of the
4253	Florida Tumor Registrars Association; one member must be a
4254	representative of the Sylvester Comprehensive Cancer Center of
4255	the University of Miami; one member must be a representative of
4256	the Department of Health; one member must be a representative of
4257	the University of Florida Shands Cancer Center; one member must
4258	be a representative of the Agency for Health Care
4259	Administration; one member must be a representative of the
4260	Florida Nurses Association; one member must be a representative
4261	of the Florida Osteopathic Medical Association; one member must
4262	be a representative of the American College of Surgeons; one
4263	member must be a representative of the School of Medicine of the
4264	University of Miami; one member must be a representative of the
4265	College of Medicine of the University of Florida; one member
4266	must be a representative of NOVA Southeastern College of
4267	Osteopathic Medicine; one member must be a representative of the
4268	College of Medicine of the University of South Florida; one
4269	member must be a representative of the College of Public Health
4270	of the University of South Florida; one member must be a
4271	representative of the Florida Society of Clinical Oncology; one
4272	member must be a representative of the Florida Obstetric and
4273	Gynecologic Society who has had training in the specialty of
4274	gynecologic oncology; one member must be a representative of the
4275	Florida Medical Association; one member must be a member of the
4276	Florida Pediatric Society; one member must be a representative
4277	of the Florida Radiological Society; one member must be a
4278	representative of the Florida Society of Pathologists; one
4279	member must be a representative of the H. Lee Moffitt Cancer
4280	Center and Research Institute, Inc.; three members must be
4281	representatives of the general public acting as consumer
4282	advocates; one member must be a member of the House of
4283	Representatives appointed by the Speaker of the House of
4284	Representatives; one member must be a member of the Senate
4285	appointed by the President of the Senate; one member must be a
4286	representative of the Department of Education; one member must
4287	be a representative of the Florida Dental Association; one
4288	member must be a representative of the Florida Hospital
4289	Association; one member must be a representative of the
4290	Association of Community Cancer Centers; one member shall be a
4291	representative from a statutory teaching hospital affiliated
4292	with a community-based cancer center; one member must be a
4293	representative of the Florida Association of Pediatric Tumor
4294	Programs, Inc.; one member must be a representative of the
4295	Cancer Information Service; one member must be a representative
4296	of the Florida Agricultural and Mechanical University Institute
4297	of Public Health; and one member must be a representative of the
4298	Florida Society of Oncology Social Workers.  Of the members of
4299	the council appointed by the Governor, at least 10 must be
4300	individuals who are minority persons as defined by s.
4301	288.703(3).
4302	(b)  The terms of the members shall be 4 years from their
4303	respective dates of appointment.
4304	(c)  A chairperson shall be appointed by the Governor for a
4305	term of 2 years.  The chairperson shall appoint an executive
4306	committee of no fewer than three persons to serve at the
4307	pleasure of the chairperson.  This committee will prepare
4308	material for the council but make no final decisions.
4309	(d)  The council shall meet no less than semiannually at
4310	the call of the chairperson or, in his or her absence or
4311	incapacity, at the call of the secretary.  Sixteen members
4312	constitute a quorum for the purpose of exercising all of the
4313	powers of the council.  A vote of the majority of the members
4314	present is sufficient for all actions of the council.
4315	(e)  The council members shall serve without pay. Pursuant
4316	to the provisions of s. 112.061, the council members may be
4317	entitled to be reimbursed for per diem and travel expenses.
4318	(f)  No member of the council shall participate in any
4319	discussion or decision to recommend grants or contracts to any
4320	qualified nonprofit association or to any agency of this state
4321	or its political subdivisions with which the member is
4322	associated as a member of the governing body or as an employee
4323	or with which the member has entered into a contractual
4324	arrangement.
4325	(g)  The council may prescribe, amend, and repeal bylaws
4326	governing the manner in which the business of the council is
4327	conducted.
4328	(h)  The council shall advise the Board of Governors State
4329	Board of Education, the secretary, and the Legislature with
4330	respect to cancer control and research in this state.
4331	(i)  The council shall approve each year a program for
4332	cancer control and research to be known as the "Florida Cancer
4333	Plan" which shall be consistent with the State Health Plan and
4334	integrated and coordinated with existing programs in this state.
4335	(j)  The council shall formulate and recommend to the
4336	secretary a plan for the care and treatment of persons suffering
4337	from cancer and recommend the establishment of standard
4338	requirements for the organization, equipment, and conduct of
4339	cancer units or departments in hospitals and clinics in this
4340	state. The council may recommend to the secretary the
4341	designation of cancer units following a survey of the needs and
4342	facilities for treatment of cancer in the various localities
4343	throughout the state. The secretary shall consider the plan in
4344	developing departmental priorities and funding priorities and
4345	standards under chapter 395.
4346	(k)  The council is responsible for including in the
4347	Florida Cancer Plan recommendations for the coordination and
4348	integration of medical, nursing, paramedical, lay, and other
4349	plans concerned with cancer control and research. Committees
4350	shall be formed by the council so that the following areas will
4351	be established as entities for actions:
4352	1.  Cancer plan evaluation:  tumor registry, data retrieval
4353	systems, and epidemiology of cancer in the state and its
4354	relation to other areas.
4355	2.  Cancer prevention.
4356	3.  Cancer detection.
4357	4.  Cancer patient management:  treatment, rehabilitation,
4358	terminal care, and other patient-oriented activities.
4359	5.  Cancer education:  lay and professional.
4360	6.  Unproven methods of cancer therapy:  quackery and
4361	unorthodox therapies.
4362	7.  Investigator-initiated project research.
4363	(l)  In order to implement in whole or in part the Florida
4364	Cancer Plan, the council shall recommend to the Board of
4365	Governors State Board of Education or the secretary the awarding
4366	of grants and contracts to qualified profit or nonprofit
4367	associations or governmental agencies in order to plan,
4368	establish, or conduct programs in cancer control or prevention,
4369	cancer education and training, and cancer research.
4370	(m)  If funds are specifically appropriated by the
4371	Legislature, the council shall develop or purchase standardized
4372	written summaries, written in layperson's terms and in language
4373	easily understood by the average adult patient, informing actual
4374	and high-risk breast cancer patients, prostate cancer patients,
4375	and men who are considering prostate cancer screening of the
4376	medically viable treatment alternatives available to them in the
4377	effective management of breast cancer and prostate cancer;
4378	describing such treatment alternatives; and explaining the
4379	relative advantages, disadvantages, and risks associated
4380	therewith.  The breast cancer summary, upon its completion,
4381	shall be printed in the form of a pamphlet or booklet and made
4382	continuously available to physicians and surgeons in this state
4383	for their use in accordance with s. 458.324 and to osteopathic
4384	physicians in this state for their use in accordance with s.
4385	459.0125.  The council shall periodically update both summaries
4386	to reflect current standards of medical practice in the
4387	treatment of breast cancer and prostate cancer.  The council
4388	shall develop and implement educational programs, including
4389	distribution of the summaries developed or purchased under this
4390	paragraph, to inform citizen groups, associations, and voluntary
4391	organizations about early detection and treatment of breast
4392	cancer and prostate cancer.
4393	(n)  The council shall have the responsibility to advise
4394	the Board of Governors State Board of Education and the
4395	secretary on methods of enforcing and implementing laws already
4396	enacted and concerned with cancer control, research, and
4397	education.
4398	(o)  The council may recommend to the Board of Governors
4399	State Board of Education or the secretary rules not inconsistent
4400	with law as it may deem necessary for the performance of its
4401	duties and the proper administration of this section.
4402	(p)  The council shall formulate and put into effect a
4403	continuing educational program for the prevention of cancer and
4404	its early diagnosis and disseminate to hospitals, cancer
4405	patients, and the public information concerning the proper
4406	treatment of cancer.
4407	(q)  The council shall be physically located at the H. Lee
4408	Moffitt Cancer Center and Research Institute, Inc., at the
4409	University of South Florida.
4410	(r)  On February 15 of each year, the council shall report
4411	to the Governor and to the Legislature.
4412	(5)  RESPONSIBILITIES OF THE BOARD OF GOVERNORS STATE BOARD
4413	OF EDUCATION, THE H. LEE MOFFITT CANCER CENTER AND RESEARCH
4414	INSTITUTE, INC., AND THE SECRETARY.--
4415	(a)  The Board of Governors State Board of Education or the
4416	secretary, after consultation with the council, shall award
4417	grants and contracts to qualified nonprofit associations and
4418	governmental agencies in order to plan, establish, or conduct
4419	programs in cancer control and prevention, cancer education and
4420	training, and cancer research.
4421	(b)  The H. Lee Moffitt Cancer Center and Research
4422	Institute, Inc., shall provide such staff, information, and
4423	other assistance as reasonably necessary for the completion of
4424	the responsibilities of the council.
4425	(c)  The Board of Governors State Board of Education or the
4426	secretary, after consultation with the council, may adopt rules
4427	necessary for the implementation of this section.
4428	(d)  The secretary, after consultation with the council,
4429	shall make rules specifying to what extent and on what terms and
4430	conditions cancer patients of the state may receive financial
4431	aid for the diagnosis and treatment of cancer in any hospital or
4432	clinic selected. The department may furnish to citizens of this
4433	state who are afflicted with cancer financial aid to the extent
4434	of the appropriation provided for that purpose in a manner which
4435	in its opinion will afford the greatest benefit to those
4436	afflicted and may make arrangements with hospitals,
4437	laboratories, or clinics to afford proper care and treatment for
4438	cancer patients in this state.
4439	Section 98.  Subsections (2) through (5), paragraphs (a),
4440	(f), (g), and (h) of subsection (6), and subsection (10) of
4441	section 1004.445, Florida Statutes, are amended to read:
4442	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
4443	Research Institute.--
4444	(2)(a)  The State Board of Education shall enter into an
4445	agreement for the utilization of the facilities on the campus of
4446	the University of South Florida to be known as the Johnnie B.
4447	Byrd, Sr., Alzheimer's Center and Research Institute, including
4448	all furnishings, equipment, and other chattels used in the
4449	operation of those facilities, with a Florida not-for-profit
4450	corporation organized solely for the purpose of governing and
4451	operating the Johnnie B. Byrd, Sr., Alzheimer's Center and
4452	Research Institute. This not-for-profit corporation, acting as
4453	an instrumentality of the state, shall govern and operate the
4454	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
4455	in accordance with the terms of the agreement between the State
4456	Board of Education and the not-for-profit corporation. The not-
4457	for-profit corporation may, with the prior approval of the Board
4458	of Governors State Board of Education, create either for-profit
4459	or not-for-profit corporate subsidiaries, or both, to fulfill
4460	its mission. The not-for-profit corporation and its subsidiaries
4461	are authorized to receive, hold, invest, and administer property
4462	and any moneys acquired from private, local, state, and federal
4463	sources, as well as technical and professional income generated
4464	or derived from practice activities of the institute, for the
4465	benefit of the institute and the fulfillment of its mission.
4466	Effective July 1, 2007, the agreement authority provided to the
4467	State Board of Education is transferred to the Board of
4468	Governors.
4469	(b)  The affairs of the not-for-profit corporation shall be
4470	managed by a board of directors who shall serve without
4471	compensation. The board of directors shall consist of the
4472	President of the University of South Florida and the chair of
4473	the Board of Governors State Board of Education, or their
4474	designees, five representatives of the state universities, and
4475	nine representatives of the public who are neither medical
4476	doctors nor state employees. Each director who is a
4477	representative of a state university or of the public shall be
4478	appointed to serve a term of 3 years. The chair of the board of
4479	directors shall be selected by a majority vote of the directors.
4480	Each director shall have only one vote. Of the five university
4481	representatives, one shall be appointed by the Governor, two by
4482	the President of the Senate, and two by the Speaker of the House
4483	of Representatives; and of the nine public representatives,
4484	three shall be appointed by the Governor, three by the President
4485	of the Senate, and three by the Speaker of the House of
4486	Representatives. Any vacancy in office shall be filled in the
4487	same manner as the original appointment. Any director may be
4488	reappointed.
4489	(3)  The Board of Governors State Board of Education shall
4490	provide in the agreement with the not-for-profit corporation for
4491	the following:
4492	(a)  Approval by the Board of Governors State Board of
4493	Education of the articles of incorporation of the not-for-profit
4494	corporation.
4495	(b)  Approval by the Board of Governors State Board of
4496	Education of the articles of incorporation of any not-for-profit
4497	corporate subsidiary created by the not-for-profit corporation.
4498	(c)  Utilization of lands, facilities, and personnel by the
4499	not-for-profit corporation and its subsidiaries for research,
4500	education, treatment, prevention, and the early detection of
4501	Alzheimer's disease and for mutually approved teaching and
4502	research programs conducted by the University of South Florida
4503	or other accredited medical schools or research institutes.
4504	(d)  Preparation of an annual financial audit pursuant to
4505	s. 11.45 of the not-for-profit corporation's accounts and the
4506	accounts of any subsidiaries to be conducted by an independent
4507	certified public accountant. The annual audit report shall
4508	include management letters and shall be submitted to the Auditor
4509	General and the Board of Governors State Board of Education for
4510	review. The Board of Governors State Board of Education, the
4511	Auditor General, and the Office of Program Policy Analysis and
4512	Government Accountability shall have the authority to require
4513	and receive from the not-for-profit corporation and any
4514	subsidiaries, or from their independent auditor, any detail or
4515	supplemental data relative to the operation of the not-for-
4516	profit corporation or subsidiary.
4517	(e)  Provision by the not-for-profit corporation and its
4518	subsidiaries of equal employment opportunities for all persons
4519	regardless of race, color, religion, gender, age, or national
4520	origin.
4521	(4)  The Board of Governors State Board of Education is
4522	authorized to secure comprehensive general liability protection,
4523	including professional liability protection, for the not-for-
4524	profit corporation and its subsidiaries, pursuant to s. 1004.24.
4525	The not-for-profit corporation and its subsidiaries shall be
4526	exempt from any participation in any property insurance trust
4527	fund established by law, including any property insurance trust
4528	fund established pursuant to chapter 284, so long as the not-
4529	for-profit corporation and its subsidiaries maintain property
4530	insurance protection with comparable or greater coverage limits.
4531	(5)  In the event that the agreement between the not-for-
4532	profit corporation and the Board of Governors State Board of
4533	Education is terminated for any reason, the Board of Governors
4534	State Board of Education shall assume governance and operation
4535	of the facilities.
4536	(6)  The institute shall be administered by a chief
4537	executive officer, who shall be appointed by and serve at the
4538	pleasure of the board of directors of the not-for-profit
4539	corporation, and who shall exercise the following powers and
4540	duties, subject to the approval of the board of directors:
4541	(a)  The chief executive officer shall establish programs
4542	that fulfill the mission of the institute in research,
4543	education, treatment, prevention, and early detection of
4544	Alzheimer's disease; however, the chief executive officer may
4545	not establish academic programs for which academic credit is
4546	awarded and which culminate in the conferring of a degree,
4547	without prior approval of the Board of Governors State Board of
4548	Education.
4549	(f)  The chief executive officer shall have a reporting
4550	relationship to the Board of Governors or its designee
4551	Commissioner of Education.
4552	(g)  The chief executive officer shall provide a copy of
4553	the institute's annual report to the Governor and Cabinet, the
4554	President of the Senate, the Speaker of the House of
4555	Representatives, and the chair of the Board of Governors State
4556	Board of Education. The annual report shall describe the
4557	expenditure of all funds and shall provide information regarding
4558	research that has been conducted or funded by the center, as
4559	well as the expected and actual results of such research.
4560	(h)  By August 1 of each year, the chief executive officer
4561	shall develop and submit to the Governor and Cabinet, the
4562	President of the Senate, the Speaker of the House of
4563	Representatives, and the chair of the Board of Governors State
4564	Board of Education an annual operating budget detailing the
4565	planned use of state, federal, and private funds for the fiscal
4566	year.
4567	(10)  The following information is confidential and exempt
4568	from s. 119.07(1) and s. 24, Art. I of the State Constitution:
4569	(a)  Personal identifying information relating to clients
4570	of programs created or funded through the Johnnie B. Byrd, Sr.,
4571	Alzheimer's Center and Research Institute that is held by the
4572	institute, the University of South Florida, the Board of
4573	Governors, or the State Board of Education;
4574	(b)  Medical or health records relating to patients held by
4575	the institute;
4576	(c)  Materials that relate to methods of manufacture or
4577	production, potential trade secrets, potentially patentable
4578	material, actual trade secrets as defined in s. 688.002, or
4579	proprietary information received, generated, ascertained, or
4580	discovered during the course of research conducted by or through
4581	the institute and business transactions resulting from such
4582	research;
4583	(d)  The personal identifying information of a donor or
4584	prospective donor to the institute who wishes to remain
4585	anonymous; and
4586	(e)  Any information received by the institute from a
4587	person from another state or nation or the Federal Government
4588	that is otherwise confidential or exempt pursuant to the laws of
4589	that state or nation or pursuant to federal law.
4590
4591	Any governmental entity that demonstrates a need to access such
4592	confidential and exempt information in order to perform its
4593	duties and responsibilities shall have access to such
4594	information.
4595	Section 99.  Paragraph (f) of subsection (7) of section
4596	1004.447, Florida Statutes, is amended to read:
4597	1004.447  Florida Institute for Human and Machine
4598	Cognition, Inc.--
4599	(7)  The corporation shall employ a chief executive officer
4600	to administer the affairs of the Florida Institute for Human and
4601	Machine Cognition, Inc. The chief executive officer shall be
4602	appointed by and serve at the pleasure of the board of
4603	directors. The chief executive officer shall exercise the
4604	following powers and duties, subject to the approval of the
4605	board of directors:
4606	(f)  Annually report in writing to the Board of Governors
4607	Commissioner of Education on the activities of the institute and
4608	state budget allocation expenditures.
4609	Section 100.  Section 1004.47, Florida Statutes, is amended
4610	to read:
4611	1004.47  Research activities relating to solid and
4612	hazardous waste management.--Research, training, and service
4613	activities related to solid and hazardous waste management
4614	conducted by state universities shall be coordinated by the
4615	Board of Governors State Board of Education. Proposals for
4616	research contracts and grants; public service assignments; and
4617	responses to requests for information and technical assistance
4618	by state and local government, business, and industry shall be
4619	addressed by a formal Type I Center process involving an
4620	advisory board of university personnel appointed by the
4621	Chancellor of the State University System Commissioner of
4622	Education and chaired and directed by an individual appointed by
4623	the Chancellor of the State University System Commissioner of
4624	Education. The Board of Governors State Board of Education shall
4625	consult with the Department of Environmental Protection in
4626	developing the research programs and provide the department with
4627	a copy of the proposed research program for review and comment
4628	before the research is undertaken. Research contracts shall be
4629	awarded to independent nonprofit colleges and universities
4630	within the state which are accredited by the Southern
4631	Association of Colleges and Schools on the same basis as those
4632	research contracts awarded to the state universities. Research
4633	activities shall include, but are not limited to, the following
4634	areas:
4635	(1)  Methods and processes for recycling solid and
4636	hazardous waste.
4637	(2)  Methods of treatment for detoxifying hazardous waste.
4638	(3)  Technologies for disposing of solid and hazardous
4639	waste.
4640	Section 101.  Paragraph (b) of subsection (1), paragraphs
4641	(a) and (i) of subsection (2), and subsection (3) of section
4642	1004.58, Florida Statutes, are amended to read:
4643	1004.58  Leadership Board for Applied Research and Public
4644	Service.--
4645	(1)  There is created the Leadership Board for Applied
4646	Research and Public Service to be staffed by the Institute of
4647	Science and Public Affairs at Florida State University. The
4648	purpose of the board is to focus, coordinate, and maximize
4649	university resources on current issues and events affecting
4650	Florida's residents and elected officials. Emphasis shall be
4651	placed on being responsive to and providing accurate, timely,
4652	useful, and relevant information to decisionmakers in state and
4653	local governments. The board shall set forth a process to
4654	provide comprehensive guidance and advice for improving the
4655	types and quality of services to be delivered by the state
4656	universities. Specifically, the board shall better identify and
4657	define the missions and roles of existing institutes and centers
4658	at each state university, work to eliminate duplication and
4659	confusion over conflicting roles and missions, involve more
4660	students in learning with applied research and public service
4661	activities, and be organizationally separate from academic
4662	departments. The board shall meet at least quarterly. The board
4663	may create internal management councils that may include working
4664	institute and center directors. The board is responsible for,
4665	but is not limited to:
4666	(b)  Addressing state university policy matters and making
4667	recommendations to the Board of Governors State Board of
4668	Education as they relate to applied public service and research.
4669	(2)  Membership of the board shall be:
4670	(a)  The Chancellor of the State University System
4671	Commissioner of Education, or the chancellor's commissioner's
4672	designee, who shall serve as chair.
4673	(i)  Five additional university president members,
4674	designated by the chancellor commissioner, to rotate annually.
4675	(3)  The board shall prepare a report for the Board of
4676	Governors State Board of Education to be submitted to the
4677	Governor and the Legislature by January 1 of each year which
4678	summarizes the work and recommendations of the board in meeting
4679	its purpose and mission.
4680	Section 102.  Paragraph (d) of subsection (1) of section
4681	1005.03, Florida Statutes, is amended to read:
4682	1005.03  Designation "college" or "university".--
4683	(1)  The use of the designation "college" or "university"
4684	in combination with any series of letters, numbers, or words is
4685	restricted in this state to colleges or universities as defined
4686	in s. 1005.02 that offer degrees as defined in s. 1005.02 and
4687	fall into at least one of the following categories:
4688	(d)  A college that is under the jurisdiction of the
4689	Division of Colleges and Universities of the Department of
4690	Education, whose students are eligible to participate in for the
4691	William L. Boyd, IV, Florida Resident Access Grant Program, and
4692	that is a nonprofit independent college or university located
4693	and chartered in this state and accredited by the Commission on
4694	Colleges of the Southern Association of Colleges and Schools to
4695	grant baccalaureate degrees.
4696	Section 103.  Paragraph (c) of subsection (1) of section
4697	1005.06, Florida Statutes, is amended to read:
4698	1005.06  Institutions not under the jurisdiction or purview
4699	of the commission.--
4700	(1)  Except as otherwise provided in law, the following
4701	institutions are not under the jurisdiction or purview of the
4702	commission and are not required to obtain licensure:
4703	(c)  Any institution that is under the jurisdiction of the
4704	Division of Colleges and Universities of the Department of
4705	Education, whose students are eligible to participate in for the
4706	William L. Boyd, IV, Florida Resident Access Grant Program, and
4707	that is a nonprofit independent college or university located
4708	and chartered in this state and accredited by the Commission on
4709	Colleges of the Southern Association of Colleges and Schools to
4710	grant baccalaureate degrees.
4711	Section 104.  Paragraph (e) of subsection (2) of section
4712	1005.22, Florida Statutes, is amended to read:
4713	1005.22  Powers and duties of commission.--
4714	(2)  The commission may:
4715	(e)  Advise the Governor, the Legislature, the State Board
4716	of Education, the Council for Education Policy Research and
4717	Improvement, and the Commissioner of Education on issues
4718	relating to private postsecondary education.
4719	Section 105.  Section 1006.53, Florida Statutes, is amended
4720	to read:
4721	1006.53  Religious observances.--Each public postsecondary
4722	educational institution shall adopt a policy in accordance with
4723	rules of the State Board of Education which reasonably
4724	accommodates the religious observance, practice, and belief of
4725	individual students in regard to admissions, class attendance,
4726	and the scheduling of examinations and work assignments. Each
4727	policy shall include a grievance procedure by which a student
4728	who believes that he or she has been unreasonably denied an
4729	educational benefit due to his or her religious belief or
4730	practices may seek redress. Such policy shall be made known to
4731	faculty and students annually in inclusion in the institution's
4732	handbook, manual, or other similar document regularly provided
4733	to faculty and students.
4734	Section 106.  Subsection (3) of section 1006.60, Florida
4735	Statutes, is amended to read:
4736	1006.60  Codes of conduct; disciplinary measures;
4737	rulemaking authority.--
4738	(3)  Sanctions authorized by such codes of conduct may be
4739	imposed only for acts or omissions in violation of rules adopted
4740	by the institution, including rules adopted under this section,
4741	rules of the State Board of Education or the Board of Governors
4742	regarding the State University System, county and municipal
4743	ordinances, and the laws of this state, the United States, or
4744	any other state.
4745	Section 107.  Subsection (1) of section 1006.61, Florida
4746	Statutes, is amended to read:
4747	1006.61  Participation by students in disruptive activities
4748	at public postsecondary educational institution; penalties.--
4749	(1)  Any person who accepts the privilege extended by the
4750	laws of this state of attendance at any public postsecondary
4751	educational institution shall, by attending such institution, be
4752	deemed to have given his or her consent to the policies of that
4753	institution, the State Board of Education, and the Board of
4754	Governors regarding the State University System, and the laws of
4755	this state. Such policies shall include prohibition against
4756	disruptive activities at public postsecondary educational
4757	institutions.
4758	Section 108.  Subsections (1) and (3) of section 1006.62,
4759	Florida Statutes, are amended to read:
4760	1006.62  Expulsion and discipline of students of community
4761	colleges and state universities.--
4762	(1)  Each student in a community college or state
4763	university is subject to federal and state law, respective
4764	county and municipal ordinances, and all rules and regulations
4765	of the State Board of Education, the Board of Governors
4766	regarding the State University System, or the board of trustees
4767	of the institution.
4768	(3)  Each president of a community college or state
4769	university may, after notice to the student of the charges and
4770	after a hearing thereon, to expel, suspend, or otherwise
4771	discipline any student who is found to have violated any law,
4772	ordinance, or rule or regulation of the State Board of
4773	Education, the Board of Governors regarding the State University
4774	System, or of the board of trustees of the institution. A
4775	student may be entitled to waiver of expulsion:
4776	(a)  If the student provides substantial assistance in the
4777	identification, arrest, or conviction of any of his or her
4778	accomplices, accessories, coconspirators, or principals or of
4779	any other person engaged in violations of chapter 893 within a
4780	state university or community college;
4781	(b)  If the student voluntarily discloses his or her
4782	violations of chapter 893 prior to his or her arrest; or
4783	(c)  If the student commits himself or herself, or is
4784	referred by the court in lieu of sentence, to a state-licensed
4785	drug abuse program and successfully completes the program.
4786	Section 109.  Section 1006.65, Florida Statutes, is amended
4787	to read:
4788	1006.65  Safety issues in courses offered by public
4789	postsecondary educational institutions.--
4790	(1)  The State Board of Education shall adopt rules to
4791	ensure that policies and procedures are in place to protect the
4792	health and safety of students, instructional personnel, and
4793	visitors who participate in courses offered by a community
4794	college public postsecondary educational institution.
4795	(2)  The Board of Governors shall adopt rules to ensure
4796	that policies and procedures are in place to protect the health
4797	and safety of students, instructional personnel, and visitors
4798	who participate in courses offered by a state university.
4799	(3)(2)  Such policies and procedures shall be guided by
4800	industry standards for practices in the course content area and
4801	shall conform with all related and relevant state and federal
4802	health and safety requirements.
4803	Section 110.  Section 1006.71, Florida Statutes, is amended
4804	to read:
4805	1006.71  Gender equity in intercollegiate athletics.--
4806	(1)  GENDER EQUITY PLAN.--
4807	(a)  Each community college and state university shall
4808	develop a gender equity plan pursuant to s. 1000.05.
4809	(b)  The plan shall include consideration of equity in
4810	sports offerings, participation, availability of facilities,
4811	scholarship offerings, and funds allocated for administration,
4812	recruitment, comparable coaching, publicity and promotion, and
4813	other support costs.
4814	(c)  The Commissioner of Education shall annually assess
4815	the progress of each community college's institution's plan and
4816	advise the State Board of Education and the Legislature
4817	regarding compliance.
4818	(d)  The Chancellor of the State University System shall
4819	annually assess the progress of each state university's plan and
4820	advise the Board of Governors and the Legislature regarding
4821	compliance.
4822	(e)(d)  Each board of trustees of a public community
4823	college or state university shall annually evaluate the
4824	presidents on the extent to which the gender equity goals have
4825	been achieved.
4826	(f)(e)  To determine the proper level of support for
4827	women's athletic scholarships, an equity plan may determine,
4828	where appropriate, that support for women's scholarships may be
4829	disproportionate to the support of scholarships for men.
4830	(g)1.(f)  If a community college or state university is not
4831	in compliance with Title IX of the Education Amendments of 1972
4832	and the Florida Educational Equity Act, the State Board of
4833	Education shall:
4834	a.1.  Declare the community college institution ineligible
4835	for competitive state grants.
4836	b.2.  Withhold funds sufficient to obtain compliance.
4837
4838	The community college institution shall remain ineligible and
4839	the funds shall not be paid until the community college
4840	institution comes into compliance or the Commissioner of
4841	Education approves a plan for compliance.
4842	2.  If a state university is not in compliance with Title
4843	IX of the Education Amendments of 1972 and the Florida
4844	Educational Equity Act, the Board of Governors shall:
4845	a.  Declare the state university ineligible for competitive
4846	state grants.
4847	b.  Withhold funds sufficient to obtain compliance.
4848
4849	The state university shall remain ineligible and the funds shall
4850	not be paid until the state university comes into compliance or
4851	the Board of Governors approves a plan for compliance.
4852	(2)  FUNDING.--
4853	(a)  An equitable portion of all separate athletic fees
4854	shall be designated for women's intercollegiate athletics.
4855	(b)  The level of funding and percentage share of support
4856	for women's intercollegiate athletics for community colleges
4857	shall be determined by the State Board of Education. The level
4858	of funding and percentage share of support for women's
4859	intercollegiate athletics for state universities shall be
4860	determined by the Board of Governors. The level of funding and
4861	percentage share attained in the 1980-1981 fiscal year shall be
4862	the minimum level and percentage maintained by each institution,
4863	except as the State Board of Education or the Board of Governors
4864	otherwise directs its respective institutions for the purpose of
4865	assuring equity. Consideration shall be given by the State Board
4866	of Education or the Board of Governors to emerging athletic
4867	programs at institutions which may not have the resources to
4868	secure external funds to provide athletic opportunities for
4869	women. It is the intent that the effect of any redistribution of
4870	funds among institutions shall not negate the requirements as
4871	set forth in this section.
4872	(c)  In addition to the above amount, an amount equal to
4873	the sales taxes collected from admission to athletic events
4874	sponsored by a state university shall be retained and utilized
4875	by each university to support women's athletics.
4876	(3)  STATE BOARD OF EDUCATION.--The State Board of
4877	Education shall assure equal opportunity for female athletes at
4878	community colleges and establish:
4879	(a)  Guidelines for reporting of intercollegiate athletics
4880	data concerning financial, program, and facilities information
4881	for review by the State Board of Education annually.
4882	(b)  Systematic audits for the evaluation of such data.
4883	(c)  Criteria for determining and assuring equity.
4884	(4)  BOARD OF GOVERNORS.--The Board of Governors shall
4885	ensure equal opportunity for female athletes at state
4886	universities and establish:
4887	(a)  Guidelines for reporting of intercollegiate athletics
4888	data concerning financial, program, and facilities information
4889	for review by the Board of Governors annually.
4890	(b)  Systematic audits for the evaluation of such data.
4891	(c)  Criteria for determining and ensuring equity.
4892	Section 111.  Section 1007.01, Florida Statutes, is amended
4893	to read:
4894	1007.01  Articulation; legislative intent; purpose; role of
4895	the State Board of Education and the Board of Governors.--
4896	(1)  It is the intent of the Legislature to facilitate
4897	articulation and seamless integration of the K-20 education
4898	system by building and sustaining relationships among K-20
4899	public organizations, between public and private organizations,
4900	and between the education system as a whole and Florida's
4901	communities. The purpose of building and sustaining these
4902	relationships is to provide for the efficient and effective
4903	progression and transfer of students within the education system
4904	and to allow students to proceed toward their educational
4905	objectives as rapidly as their circumstances permit.
4906	(2)  To improve and facilitate articulation systemwide, the
4907	State Board of Education and the Board of Governors shall
4908	recommend develop policies and guidelines to the Legislature
4909	with input from statewide K-20 advisory groups established by
4910	the Commissioner of Education relating to:
4911	(a)  The alignment between the exit requirements of one
4912	system and the admissions requirements of another system into
4913	which students typically transfer.
4914	(b)  The identification of common courses, the level of
4915	courses, institutional participation in a statewide course
4916	numbering system, and the transferability of credits among such
4917	institutions.
4918	(c)  Identification of courses that meet general education
4919	or common degree program prerequisite requirements at public
4920	postsecondary educational institutions.
4921	(d)  Dual enrollment course equivalencies.
4922	(e)  Articulation agreements.
4923	Section 112.  Subsection (1) of section 1007.22, Florida
4924	Statutes, is amended to read:
4925	1007.22  Articulation; postsecondary institution
4926	coordination and collaboration.--
4927	(1)  The university boards of trustees, community college
4928	boards of trustees, and district school boards are encouraged to
4929	may establish intrainstitutional and interinstitutional programs
4930	to maximize articulation. Programs may include upper-division-
4931	level courses offered at the community college, distance
4932	learning, transfer agreements that facilitate the transfer of
4933	credits between public and nonpublic postsecondary institutions,
4934	and the concurrent enrollment of students at a community college
4935	and a state university to enable students to take any level of
4936	baccalaureate degree coursework.
4937	Section 113.  Subsections (1), (2), and (5) of section
4938	1007.23, Florida Statutes, are amended to read:
4939	1007.23  Statewide articulation agreement.--
4940	(1)  The State Board of Education, in consultation with the
4941	Board of Governors, shall establish in rule a statewide
4942	articulation agreement that governs:
4943	(a)  Articulation between secondary and postsecondary
4944	education;
4945	(b)  Admission of associate in arts degree graduates from
4946	community colleges and state universities;
4947	(c)  Admission of applied technology diploma program
4948	graduates from community colleges or career centers;
4949	(d)  Admission of associate in science degree and associate
4950	in applied science degree graduates from community colleges;
4951	(e)  The use of acceleration mechanisms, including
4952	nationally standardized examinations through which students may
4953	earn credit;
4954	(f)  General education requirements and statewide course
4955	numbers as provided for in ss. 1007.24 and 1007.25; and
4956	(g)  Articulation among programs in nursing.
4957	(2)  The articulation agreement must specifically provide
4958	that every associate in arts graduate of a community college
4959	shall have met all general education requirements and must be
4960	granted admission to the upper division of a state university
4961	except to a limited access or teacher certification program or a
4962	major program requiring an audition. After admission has been
4963	granted to students under provisions of this section and to
4964	university students who have successfully completed 60 credit
4965	hours of coursework, including 36 hours of general education,
4966	and met the requirements of s. 1008.29, admission shall be
4967	granted to state university and community college students who
4968	have successfully completed 60 credit hours of work, including
4969	36 hours of general education. Community college associate in
4970	arts graduates shall receive priority for admission to a state
4971	university over out-of-state students. Orientation programs and
4972	student handbooks provided to freshman enrollees and transfer
4973	students at state universities must include an explanation of
4974	this provision of the articulation agreement.
4975	(5)  The articulation agreement must guarantee the
4976	articulation of 9 credit hours toward a postsecondary degree in
4977	early childhood education for programs approved by the State
4978	Board of Education and the Board of Governors which:
4979	(a)  Award a child development associate credential issued
4980	by the National Credentialing Program of the Council for
4981	Professional Recognition or award a credential approved under s.
4982	1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
4983	child development associate credential; and
4984	(b)  Include training in emergent literacy which meets or
4985	exceeds the minimum standards for training courses for
4986	prekindergarten instructors of the Voluntary Prekindergarten
4987	Education Program in s. 1002.59.
4988	Section 114.  Subsections (1), (2), (3), and (4) of section
4989	1007.24, Florida Statutes, are amended to read:
4990	1007.24  Statewide course numbering system.--
4991	(1)  The Department of Education, in conjunction with the
4992	Board of Governors, shall develop, coordinate, and maintain a
4993	statewide course numbering system for postsecondary and dual
4994	enrollment education in school districts, public postsecondary
4995	educational institutions, and participating nonpublic
4996	postsecondary educational institutions that will improve program
4997	planning, increase communication among all delivery systems, and
4998	facilitate student acceleration and the transfer of students and
4999	credits between public school districts, public postsecondary
5000	educational institutions, and participating nonpublic
5001	educational institutions. The continuing maintenance of the
5002	system shall be accomplished with the assistance of appropriate
5003	faculty committees representing public and participating
5004	nonpublic educational institutions.
5005	(2)  The Commissioner of Education, in conjunction with the
5006	Chancellor of the State University System, shall appoint faculty
5007	committees representing faculties of participating institutions
5008	to recommend a single level for each course, including
5009	postsecondary career education courses, included in the
5010	statewide course numbering system.
5011	(a)  Any course designated as an upper-division-level
5012	course must be characterized by a need for advanced academic
5013	preparation and skills that a student would be unlikely to
5014	achieve without significant prior coursework.
5015	(b)  A course that is offered as part of an associate in
5016	science degree program and as an upper-division course for a
5017	baccalaureate degree shall be designated for both the lower and
5018	upper division.
5019	(c)  A course designated as lower-division may be offered
5020	by any community college.
5021	(3)  The Commissioner of Education shall recommend to the
5022	State Board of Education the levels for the courses. The State
5023	Board of Education, with input from the Board of Governors,
5024	shall approve the levels for the courses.
5025	(4)  The statewide course numbering system shall include
5026	the courses at the recommended levels.
5027	Section 115.  Subsections (5), (6), (8), (9), and (11) of
5028	section 1007.25, Florida Statutes, are amended to read:
5029	1007.25  General education courses; common prerequisites;
5030	and other degree requirements.--
5031	(5)  The department shall identify common prerequisite
5032	courses and course substitutions for degree programs across all
5033	institutions. Common degree program prerequisites shall be
5034	offered and accepted by all state universities and community
5035	colleges, except in cases approved by the State Board of
5036	Education for community colleges and the Board of Governors for
5037	state universities pursuant to s. 1001.02(2)(x). The department
5038	shall develop a centralized database containing the list of
5039	courses and course substitutions that meet the prerequisite
5040	requirements for each baccalaureate degree program.
5041	(6)  The boards of trustees of the community colleges and
5042	state universities shall identify their core curricula, which
5043	shall include courses required by the State Board of Education.
5044	The boards of trustees of the state universities shall identify
5045	their core curricula, which shall include courses required by
5046	the Board of Governors. The universities and community colleges
5047	shall work with their school districts to assure that high
5048	school curricula coordinate with the core curricula and to
5049	prepare students for college-level work. Core curricula for
5050	associate in arts programs shall be adopted in rule by the State
5051	Board of Education and shall include 36 semester hours of
5052	general education courses in the subject areas of communication,
5053	mathematics, social sciences, humanities, and natural sciences.
5054	(8)  A baccalaureate degree program shall require no more
5055	than 120 semester hours of college credit, including 36 semester
5056	hours of general education coursework, unless prior approval has
5057	been granted by the Board of Governors for baccalaureate degree
5058	programs offered by state universities and by the State Board of
5059	Education for baccalaureate degree programs offered by community
5060	colleges.
5061	(9)  A student who received an associate in arts degree for
5062	successfully completing 60 semester credit hours may continue to
5063	earn additional credits at a community college. The university
5064	must provide credit toward the student's baccalaureate degree
5065	for an additional community college course if, according to the
5066	statewide course numbering, the community college course is a
5067	course listed in the university catalog as required for the
5068	degree or as prerequisite to a course required for the degree.
5069	Of the courses required for the degree, at least half of the
5070	credit hours required for the degree shall be achievable through
5071	courses designated as lower division, except in degree programs
5072	approved by the State Board of Education for programs offered by
5073	community colleges and by the Board of Governors for programs
5074	offered by state universities.
5075	(11)  The Commissioner of Education shall appoint faculty
5076	committees representing both community college and public school
5077	faculties to recommend to the commissioner for approval by the
5078	State Board of Education a standard program length and
5079	appropriate occupational completion points for each
5080	postsecondary career certificate program, diploma, and degree
5081	offered by a school district or a community college.
5082	Section 116.  Paragraph (b) of subsection (2) and paragraph
5083	(d) of subsection (3) of section 1007.2615, Florida Statutes,
5084	are amended to read:
5085	1007.2615  American Sign Language; findings; foreign-
5086	language credits authorized; teacher licensing.--
5087	(2)  AMERICAN SIGN LANGUAGE; FOREIGN-LANGUAGE CREDIT.--
5088	(b)  Any public or independent school may offer American
5089	Sign Language for foreign-language credit. Students taking
5090	American Sign Language for foreign-language credit must be
5091	advised by the school board prior to enrollment in such course
5092	that state universities and postsecondary institutions outside
5093	of Florida may not accept such credits as satisfying foreign-
5094	language requirements.
5095	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
5096	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
5097	FOR POSTSECONDARY EDUCATION PROVIDERS.--
5098	(d)  The Commissioner of Education shall work with
5099	providers of postsecondary education, except for state
5100	universities, to develop and implement a plan to ensure that
5101	these postsecondary institutions in this state will accept
5102	secondary school credits in ASL as credits in a foreign language
5103	and to encourage postsecondary institutions to offer ASL courses
5104	to students as a fulfillment of the requirement for studying a
5105	foreign language.
5106	Section 117.  Section 1007.262, Florida Statutes, is
5107	amended to read:
5108	1007.262  Foreign language competence; equivalence
5109	determinations.--The Department of Education shall identify the
5110	competencies demonstrated by students upon the successful
5111	completion of 2 credits of sequential high school foreign
5112	language instruction. For the purpose of determining
5113	postsecondary equivalence pursuant to s. 1007.261(1)(b), the
5114	department shall develop rules through which community colleges
5115	correlate such competencies to the competencies required of
5116	students in the colleges' respective courses. Based on this
5117	correlation, each community college shall identify the minimum
5118	number of postsecondary credits that students must earn in order
5119	to demonstrate a level of competence in a foreign language at
5120	least equivalent to that of students who have completed 2
5121	credits of such instruction in high school. The department may
5122	also specify alternative means by which students can demonstrate
5123	equivalent foreign language competence, including means by which
5124	a student whose native language is not English may demonstrate
5125	proficiency in the native language. A student who demonstrates
5126	proficiency in a native language other than English is exempt
5127	from a the requirement of completing foreign language courses at
5128	the secondary or community college postsecondary level.
5129	Section 118.  Section 1007.264, Florida Statutes, is
5130	amended to read:
5131	1007.264  Impaired and learning disabled persons; admission
5132	to postsecondary educational institutions; substitute
5133	requirements; rules.--
5134	(1)  Any student with a disability, as defined in s.
5135	1007.02(2), except those students who have been documented as
5136	having mental retardation, shall be eligible for reasonable
5137	substitution for any requirement for admission into a public
5138	postsecondary educational institution where documentation can be
5139	provided that the person's failure to meet the admission
5140	requirement is related to the disability.
5141	(2)  The State Board of Education, in consultation with the
5142	Board of Governors, shall adopt rules to implement this section
5143	for community colleges and shall develop substitute admission
5144	requirements where appropriate.
5145	(3)  The Board of Governors, in consultation with the State
5146	Board of Education, shall adopt rules to implement this section
5147	for state universities and shall develop substitute admission
5148	requirements where appropriate.
5149	Section 119.  Section 1007.265, Florida Statutes, is
5150	amended to read:
5151	1007.265  Impaired and learning disabled persons;
5152	graduation, study program admission, and upper-division entry;
5153	substitute requirements; rules.--
5154	(1)  Any student with a disability, as defined in s.
5155	1007.02(2), in a public postsecondary educational institution,
5156	except those students who have been documented as having mental
5157	retardation, shall be eligible for reasonable substitution for
5158	any requirement for graduation, for admission into a program of
5159	study, or for entry into the upper division where documentation
5160	can be provided that the person's failure to meet the
5161	requirement is related to the disability and where failure to
5162	meet the graduation requirement or program admission requirement
5163	does not constitute a fundamental alteration in the nature of
5164	the program.
5165	(2)  The State Board of Education, in consultation with the
5166	Board of Governors, shall adopt rules to implement this section
5167	for community colleges and shall develop substitute requirements
5168	where appropriate.
5169	(3)  The Board of Governors, in consultation with the State
5170	Board of Education, shall adopt rules to implement this section
5171	for state universities and shall develop substitute requirements
5172	where appropriate.
5173	Section 120.  Subsections (6), (7), (8), (9), and (11) of
5174	section 1007.27, Florida Statutes, are amended to read:
5175	1007.27  Articulated acceleration mechanisms.--
5176	(6)  Advanced placement shall be the enrollment of an
5177	eligible secondary student in a course offered through the
5178	Advanced Placement Program administered by the College Board.
5179	Postsecondary credit for an advanced placement course shall be
5180	limited to students who score a minimum of 3, on a 5-point
5181	scale, on the corresponding Advanced Placement Examination. The
5182	specific courses for which students receive such credit shall be
5183	identified in the statewide articulation agreement required by
5184	s. 1007.23(1) determined by the department. Students of Florida
5185	public secondary schools enrolled pursuant to this subsection
5186	shall be exempt from the payment of any fees for administration
5187	of the examination regardless of whether or not the student
5188	achieves a passing score on the examination.
5189	(7)  Credit by examination shall be the program through
5190	which secondary and postsecondary students generate
5191	postsecondary credit based on the receipt of a specified minimum
5192	score on nationally standardized general or subject-area
5193	examinations. For the purpose of statewide application, such
5194	examinations and the corresponding minimum scores required for
5195	an award of credit shall be delineated by the State Board of
5196	Education and the Board of Governors in the statewide
5197	articulation agreement required by s. 1007.23(1). The maximum
5198	credit generated by a student pursuant to this subsection shall
5199	be mitigated by any related postsecondary credit earned by the
5200	student prior to the administration of the examination. This
5201	subsection shall not preclude community colleges and
5202	universities from awarding credit by examination based on
5203	student performance on examinations developed within and
5204	recognized by the individual postsecondary institutions.
5205	(8)  The International Baccalaureate Program shall be the
5206	curriculum in which eligible secondary students are enrolled in
5207	a program of studies offered through the International
5208	Baccalaureate Program administered by the International
5209	Baccalaureate Office. The State Board of Education and the Board
5210	of Governors shall establish rules which specify in the
5211	statewide articulation agreement required by s. 1007.23(1) the
5212	cutoff scores and International Baccalaureate Examinations which
5213	will be used to grant postsecondary credit at community colleges
5214	and universities. Any changes to the articulation agreement such
5215	rules, which have the effect of raising the required cutoff
5216	score or of changing the International Baccalaureate
5217	Examinations which will be used to grant postsecondary credit,
5218	shall only apply to students taking International Baccalaureate
5219	Examinations after such changes rules are adopted by the State
5220	Board of Education and the Board of Governors. Students shall be
5221	awarded a maximum of 30 semester credit hours pursuant to this
5222	subsection. The specific course for which a student may receive
5223	receives such credit shall be specified in the statewide
5224	articulation agreement required by s. 1007.23(1) determined by
5225	the department. Students enrolled pursuant to this subsection
5226	shall be exempt from the payment of any fees for administration
5227	of the examinations regardless of whether or not the student
5228	achieves a passing score on the examination.
5229	(9)  The Advanced International Certificate of Education
5230	Program and the International General Certificate of Secondary
5231	Education (pre-AICE) Program shall be the curricula in which
5232	eligible secondary students are enrolled in programs of study
5233	offered through the Advanced International Certificate of
5234	Education Program or the International General Certificate of
5235	Secondary Education (pre-AICE) Program administered by the
5236	University of Cambridge Local Examinations Syndicate. The State
5237	Board of Education and the Board of Governors shall establish
5238	rules which specify in the statewide articulation agreement
5239	required by s. 1007.23(1) the cutoff scores and Advanced
5240	International Certificate of Education examinations which will
5241	be used to grant postsecondary credit at community colleges and
5242	universities. Any changes to the cutoff scores such rules, which
5243	changes have the effect of raising the required cutoff score or
5244	of changing the Advanced International Certification of
5245	Education examinations which will be used to grant postsecondary
5246	credit, shall apply to students taking Advanced International
5247	Certificate of Education examinations after such changes rules
5248	are adopted by the State Board of Education and the Board of
5249	Governors. Students shall be awarded a maximum of 30 semester
5250	credit hours pursuant to this subsection. The specific course
5251	for which a student may receive receives such credit shall be
5252	determined by the community college or university that accepts
5253	the student for admission. Students enrolled in either program
5254	of study pursuant to this subsection shall be exempt from the
5255	payment of any fees for administration of the examinations
5256	regardless of whether the student achieves a passing score on
5257	the examination.
5258	(11)(a)  The State Board of Education shall conduct a
5259	review of the extent to which the acceleration mechanisms
5260	authorized by this section are currently utilized by school
5261	districts and public postsecondary educational institutions and
5262	shall submit a report to the Governor and the Legislature by
5263	December 31, 2003.
5264	(b)  The report must include a summary of ongoing
5265	activities and a plan to increase and enhance the use of
5266	acceleration mechanisms as a way to shorten the length of time
5267	as well as the funding required for a student, including a
5268	student with a documented disability, to obtain a postsecondary
5269	degree.
5270	(c)  The review and plan shall address, but are not limited
5271	to, the following issues:
5272	1.  The manner in which students, including students with
5273	documented disabilities, are advised regarding the availability
5274	of acceleration mechanism options.
5275	2.  The availability of acceleration mechanism options to
5276	eligible students, including students with documented
5277	disabilities, who wish to participate.
5278	3.  The grading practices, including weighting of courses,
5279	of school districts and public postsecondary educational
5280	institutions with regard to credit earned through acceleration
5281	mechanisms.
5282	4.  The extent to which credit earned through an
5283	acceleration mechanism is used to meet the general education
5284	requirements of a public postsecondary educational institution.
5285	5.  The extent to which the secondary instruction
5286	associated with acceleration mechanism options could be offered
5287	at sites other than public K through 12 school sites to assist
5288	in meeting class size reduction needs.
5289	6.  The manner in which funding for instruction associated
5290	with acceleration mechanism options is provided.
5291	7.  The feasibility of providing students, including
5292	students with documented disabilities, the option of choosing
5293	Advanced Placement credit or College Level Examination Program
5294	(CLEP) credit as an alternative to dual enrollment credit upon
5295	completion of a dual enrollment course.
5296	Section 121.  Section 1007.28, Florida Statutes, is amended
5297	to read:
5298	1007.28  Computer-assisted student advising system.--The
5299	Department State Board of Education, in conjunction with the
5300	Board of Governors, shall establish and maintain within the
5301	Department of Education a single, statewide computer-assisted
5302	student advising system, which must be an integral part of the
5303	process of advising, registering, and certifying students for
5304	graduation. It is intended that an advising system be the
5305	primary advising and tracking tool for students enrolled in
5306	public postsecondary educational institutions and must be
5307	accessible to all Florida students. The state universities and
5308	community colleges shall interface institutional systems with
5309	the computer-assisted advising system required by this section.
5310	The State Board of Education and the Board of Governors shall
5311	specify in the statewide articulation agreement required by s.
5312	1007.23(1) prescribe by rule the roles and responsibilities of
5313	the department, the state universities, and the community
5314	colleges in the design, implementation, promotion, development,
5315	and analysis of the system. The system shall consist of a degree
5316	audit and an articulation component that includes the following
5317	characteristics:
5318	(1)  The system shall constitute an integral part of the
5319	process of advising students and assisting them in course
5320	selection. The system shall be accessible to students in the
5321	following ways:
5322	(a)  A student must be able to access the system, at any
5323	time, to identify course options that will meet the requirements
5324	of a selected path toward a degree.
5325	(b)  A status report from the system shall be generated and
5326	sent with each grade report to each student enrolled in public
5327	postsecondary educational institutions with a declared major.
5328	(2)  The system shall be an integral part of the
5329	registration process at public postsecondary educational
5330	institutions. As part of the process, the system shall:
5331	(a)  Provide reports that document each student's status
5332	toward completion of a degree.
5333	(b)  Verify that a student has completed requirements for
5334	graduation.
5335	(3)  The system must provide students information related
5336	to career descriptions and corresponding educational
5337	requirements, admissions requirements, and available sources of
5338	student financial assistance. Such advising must enable students
5339	to examine their interests and aptitudes for the purpose of
5340	curricular and career planning.
5341	(4)  The system must provide management information to
5342	decisionmakers, including information relating student
5343	enrollment patterns and course demands to plans for
5344	corresponding course offerings and information useful in
5345	planning the student registration process.
5346	Section 122.  Subsection (3) of section 1007.33, Florida
5347	Statutes, is amended to read:
5348	1007.33  Site-determined baccalaureate degree access.--
5349	(3)  A community college may develop a proposal to deliver
5350	specified baccalaureate degree programs in its district to meet
5351	local workforce needs. The proposal must be submitted to the
5352	State Board of Education for approval. The community college's
5353	proposal must include the following information:
5354	(a)  Demand for the baccalaureate degree program is
5355	identified by the workforce development board, local businesses
5356	and industry, local chambers of commerce, and potential
5357	students.
5358	(b)  Unmet need for graduates of the proposed degree
5359	program is substantiated.
5360	(c)  The community college has the facilities and academic
5361	resources to deliver the program.
5362
5363	The proposal must be submitted to the Council for Education
5364	Policy Research and Improvement for review and comment. Upon
5365	approval of the State Board of Education for the specific degree
5366	program or programs, the community college shall pursue regional
5367	accreditation by the Commission on Colleges of the Southern
5368	Association of Colleges and Schools. Any additional
5369	baccalaureate degree programs the community college wishes to
5370	offer must be approved by the State Board of Education.
5371	Section 123.  Subsections (4), (8), and (9) of section
5372	1008.29, Florida Statutes, are amended to read:
5373	1008.29  College-level communication and mathematics skills
5374	examination (CLAST).--
5375	(4)  The State Board of Education, in conjunction with the
5376	Board of Governors by rule, shall set the minimum scores that
5377	constitute successful completion of the examination. In
5378	establishing the minimum scores that constitute successful
5379	completion of the examination, the boards State Board of
5380	Education shall consider any possible negative impact of the
5381	tests on minority students. Determinations regarding a student's
5382	successful completion of the examination shall be based on the
5383	minimum standards prescribed by rule for the date the student
5384	initially takes the examination.
5385	(8)(a)  The State Board of Education, by rule, shall
5386	establish fees for the administration of the examination by
5387	community colleges at times other than regularly scheduled dates
5388	to accommodate examinees who are unable to be tested on those
5389	dates. The state board shall establish the conditions under
5390	which examinees may be admitted to the special administrations.
5391	(b)  The Board of Governors may establish fees for the
5392	administration of the examination by state universities at times
5393	other than regularly scheduled dates to accommodate examinees
5394	who are unable to be tested on those dates. The Board of
5395	Governors may establish the conditions under which examinees may
5396	be admitted to the special administrations.
5397	(9)  Any student fulfilling one or both of the following
5398	requirements before completion of associate in arts degree
5399	requirements or baccalaureate degree requirements is exempt from
5400	the testing requirements of this section:
5401	(a)  Achieves a score that meets or exceeds a minimum score
5402	on a nationally standardized examination, as established by the
5403	State Board of Education in conjunction with the Board of
5404	Governors; or
5405	(b)  Demonstrates successful remediation of any academic
5406	deficiencies identified by the college placement test and
5407	achieves a cumulative grade point average of 2.5 or above, on a
5408	4.0 scale, in postsecondary-level coursework identified by the
5409	State Board of Education in conjunction with the Board of
5410	Governors. The Department of Education shall specify the means
5411	by which a student may demonstrate successful remediation.
5412
5413	Any student denied a degree prior to January 1, 1996, based on
5414	the failure of at least one subtest of the CLAST may use either
5415	of the alternatives specified in this subsection for receipt of
5416	a degree if such student meets all degree program requirements
5417	at the time of application for the degree under the exemption
5418	provisions of this subsection. This section does not require a
5419	student to take the CLAST before being given the opportunity to
5420	use any of the alternatives specified in this subsection. The
5421	exemptions provided herein do not apply to requirements for
5422	certification as provided in s. 1012.56.
5423	Section 124.  Subsections (1) and (4) of section 1008.30,
5424	Florida Statutes, are amended to read:
5425	1008.30  Common placement testing for public postsecondary
5426	education.--
5427	(1)  The State Board of Education, in conjunction with the
5428	Board of Governors, shall develop and implement a common
5429	placement test for the purpose of assessing the basic
5430	computation and communication skills of students who intend to
5431	enter a degree program at any public postsecondary educational
5432	institution. The State Board of Education shall adopt rules
5433	which enable Public postsecondary educational institutions shall
5434	provide to implement appropriate modifications of the test
5435	instruments or test procedures for students with disabilities.
5436	(4)(a)  Public postsecondary educational institution
5437	students who have been identified as requiring additional
5438	preparation pursuant to subsection (1) shall enroll in college-
5439	preparatory or other adult education pursuant to s. 1004.93 in
5440	community colleges to develop needed college-entry skills. These
5441	students shall be permitted to take courses within their degree
5442	program concurrently in other curriculum areas for which they
5443	are qualified while enrolled in college-preparatory instruction
5444	courses. A student enrolled in a college-preparatory course may
5445	concurrently enroll only in college credit courses that do not
5446	require the skills addressed in the college-preparatory course.
5447	The State Board of Education, in conjunction with the Board of
5448	Governors, shall specify the college credit courses that are
5449	acceptable for students enrolled in each college-preparatory
5450	skill area, pursuant to s. 1001.02(7)(g). A student who wishes
5451	to earn an associate in arts or a baccalaureate degree, but who
5452	is required to complete a college-preparatory course, must
5453	successfully complete the required college-preparatory studies
5454	by the time the student has accumulated 12 hours of lower-
5455	division college credit degree coursework; however, a student
5456	may continue enrollment in degree-earning coursework provided
5457	the student maintains enrollment in college-preparatory
5458	coursework for each subsequent semester until college-
5459	preparatory coursework requirements are completed, and the
5460	student demonstrates satisfactory performance in degree-earning
5461	coursework. A passing score on a standardized, institutionally
5462	developed test must be achieved before a student is considered
5463	to have met basic computation and communication skills
5464	requirements; however, no student shall be required to retake
5465	any test or subtest that was previously passed by said student.
5466	Credit awarded for college-preparatory instruction may not be
5467	counted toward fulfilling the number of credits required for a
5468	degree.
5469	(b)  A The university board of trustees may contract with a
5470	community college board of trustees for the community college to
5471	provide such instruction on the state university campus. Any
5472	state university in which the percentage of incoming students
5473	requiring college-preparatory instruction equals or exceeds the
5474	average percentage of such students for the community college
5475	system may offer college-preparatory instruction without
5476	contracting with a community college; however, any state
5477	university offering college-preparatory instruction as of
5478	January 1, 1996, may continue to provide such services.
5479	Section 125.  Section 1008.32, Florida Statutes, is amended
5480	to read:
5481	1008.32  State Board of Education oversight enforcement
5482	authority.--The State Board of Education shall oversee the
5483	performance of district school boards and community college
5484	boards of trustees public postsecondary educational institution
5485	boards in enforcement of all laws and rules. District school
5486	boards and community college boards of trustees public
5487	postsecondary educational institution boards shall be primarily
5488	responsible for compliance with law and state board rule.
5489	(1)  In order to ensure compliance with law or state board
5490	rule, the State Board of Education shall have the authority to
5491	request and receive information, data, and reports from school
5492	districts and community colleges public postsecondary
5493	educational institutions. District school superintendents and
5494	community college public postsecondary educational institution
5495	presidents are responsible for the accuracy of the information
5496	and data reported to the state board.
5497	(2)  The Commissioner of Education may investigate
5498	allegations of noncompliance with law or state board rule and
5499	determine probable cause. The commissioner shall report
5500	determinations of probable cause to the State Board of Education
5501	which shall require the district school board or community
5502	college board of trustees public postsecondary educational
5503	institution board to document compliance with law or state board
5504	rule.
5505	(3)  If the district school board or community college
5506	board of trustees public postsecondary educational institution
5507	board cannot satisfactorily document compliance, the State Board
5508	of Education may order compliance within a specified timeframe.
5509	(4)  If the State Board of Education determines that a
5510	district school board or community college board of trustees
5511	public postsecondary educational institution board is unwilling
5512	or unable to comply with law or state board rule within the
5513	specified time, the state board shall have the authority to
5514	initiate any of the following actions:
5515	(a)  Report to the Legislature that the school district or
5516	community college public postsecondary educational institution
5517	has been unwilling or unable to comply with law or state board
5518	rule and recommend action to be taken by the Legislature.
5519	(b)  Reduce the discretionary lottery appropriation until
5520	the school district or community college public postsecondary
5521	education institution complies with the law or state board rule.
5522	(c)  Withhold the transfer of state funds, discretionary
5523	grant funds, or any other funds specified as eligible for this
5524	purpose by the Legislature until the school district or
5525	community college public postsecondary educational institution
5526	complies with the law or state board rule.
5527	(d)  Declare the school district or community college
5528	public postsecondary educational institution ineligible for
5529	competitive grants.
5530	(e)  Require monthly or periodic reporting on the situation
5531	related to noncompliance until it is remedied.
5532	(5)  Nothing in this section shall be construed to create a
5533	private cause of action or create any rights for individuals or
5534	entities in addition to those provided elsewhere in law or rule.
5535	Section 126.  Paragraphs (e) through (i) of subsection (8)
5536	of section 1008.345, Florida Statutes, are amended to read:
5537	1008.345  Implementation of state system of school
5538	improvement and education accountability.--
5539	(8)  As a part of the system of educational accountability,
5540	the Department of Education shall:
5541	(e)  Maintain a listing of college-level communication and
5542	mathematics skills defined pursuant to s. 1008.29 by the State
5543	Board of Education as being associated with successful student
5544	performance through the baccalaureate level and submit it the
5545	same to the State Board of Education and the Board of Governors
5546	for approval.
5547	(f)  Maintain a listing of tests and other assessment
5548	procedures which measure and diagnose student achievement of
5549	college-level communication and computation skills and submit it
5550	the same to the State Board of Education and the Board of
5551	Governors for approval.
5552	(g)  Maintain for the information of the State Board of
5553	Education, the Board of Governors, and the Legislature a file of
5554	data to reflect achievement of college-level communication and
5555	mathematics competencies by students in state universities and
5556	community colleges.
5557	(h)  Develop or contract for, and submit to the State Board
5558	of Education and the Board of Governors for approval, tests
5559	which measure and diagnose student achievement of college-level
5560	communication and mathematics skills. Any tests and related
5561	documents developed are exempt from the provisions of s.
5562	119.07(1). The commissioner shall maintain statewide
5563	responsibility for the administration of such tests and may
5564	assign administrative responsibilities for the tests to any
5565	state university or community college. The state board, upon
5566	recommendation of the commissioner, may enter into contracts for
5567	such services beginning in one fiscal year and continuing into
5568	the next year which are paid from the appropriation for either
5569	or both fiscal years.
5570	(i)  Perform any other functions that may be involved in
5571	educational planning, research, and evaluation or that may be
5572	required by the commissioner, the State Board of Education, the
5573	Board of Governors, or law.
5574	Section 127.  Subsections (1) and (2) of section 1008.37,
5575	Florida Statutes, are amended to read:
5576	1008.37  Postsecondary feedback of information to high
5577	schools.--
5578	(1)  The State Board of Education shall adopt rules that
5579	require the Commissioner of Education shall to report to the
5580	State Board of Education, the Board of Governors, the
5581	Legislature, and the district school boards on the performance
5582	of each first-time-in-postsecondary education student from each
5583	public high school in this state who is enrolled in a public
5584	postsecondary institution or public career center. Such reports
5585	must be based on information databases maintained by the
5586	Department of Education. In addition, the public postsecondary
5587	educational institutions and career centers shall provide
5588	district school boards access to information on student
5589	performance in regular and preparatory courses and shall
5590	indicate students referred for remediation pursuant to s.
5591	1004.91 or s. 1008.30.
5592	(2)  The Commissioner of Education shall report, by high
5593	school, to the State Board of Education, the Board of Governors,
5594	and the Legislature, no later than November 30 of each year, on
5595	the number of prior year Florida high school graduates who
5596	enrolled for the first time in public postsecondary education in
5597	this state during the previous summer, fall, or spring term,
5598	indicating the number of students whose scores on the common
5599	placement test indicated the need for remediation through
5600	college-preparatory or vocational-preparatory instruction
5601	pursuant to s. 1004.91 or s. 1008.30.
5602	Section 128.  Section 1008.38, Florida Statutes, is amended
5603	to read:
5604	1008.38  Articulation accountability process.--The State
5605	Board of Education, in conjunction with the Board of Governors,
5606	shall develop articulation accountability measures which assess
5607	the status of systemwide articulation processes authorized under
5608	s. 1007.23 and. The State Board of Education shall establish an
5609	articulation accountability process which at a minimum shall
5610	address:
5611	(1)  The impact of articulation processes on ensuring
5612	educational continuity and the orderly and unobstructed
5613	transition of students between public secondary and
5614	postsecondary education systems and facilitating the transition
5615	of students between the public and private sectors.
5616	(2)  The adequacy of preparation of public secondary
5617	students to smoothly articulate to a public postsecondary
5618	institution.
5619	(3)  The effectiveness of articulated acceleration
5620	mechanisms available to secondary students.
5621	(4)  The smooth transfer of community college associate in
5622	arts degree graduates to a state university.
5623	(5)  An examination of degree requirements that exceed the
5624	parameters of 60 credit hours for an associate degree and 120
5625	hours for a baccalaureate degree in public postsecondary
5626	programs.
5627	(6)  The relationship between the College Level Academic
5628	Skills Test Program and articulation to the upper division in
5629	public postsecondary institutions.
5630	Section 129.  Paragraph (h) of subsection (1) of section
5631	1008.45, Florida Statutes, is amended to read:
5632	1008.45  Community college accountability process.--
5633	(1)  It is the intent of the Legislature that a management
5634	and accountability process be implemented which provides for the
5635	systematic, ongoing improvement and assessment of the
5636	improvement of the quality and efficiency of the Florida
5637	community colleges. Accordingly, the State Board of Education
5638	and the community college boards of trustees shall develop and
5639	implement an accountability plan to improve and evaluate the
5640	instructional and administrative efficiency and effectiveness of
5641	the Florida Community College System. This plan shall be
5642	designed in consultation with staff of the Governor and the
5643	Legislature and must address the following issues:
5644	(h)  Other measures as identified by the Council for
5645	Education Policy Research and Improvement and approved by the
5646	State Board of Education.
5647	Section 130.  Section 1008.46, Florida Statutes, is amended
5648	to read:
5649	1008.46  State university accountability process.--It is
5650	the intent of the Legislature that an accountability process be
5651	implemented that provides for the systematic, ongoing evaluation
5652	of quality and effectiveness of state universities. It is
5653	further the intent of the Legislature that this accountability
5654	process monitor performance at the system level in each of the
5655	major areas of instruction, research, and public service, while
5656	recognizing the differing missions of each of the state
5657	universities. The accountability process shall provide for the
5658	adoption of systemwide performance standards and performance
5659	goals for each standard identified through a collaborative
5660	effort involving state universities, the Board of Governors, the
5661	Legislature, and the Governor's Office. These standards and
5662	goals shall be consistent with s. 216.011(1) to maintain
5663	congruity with the performance-based budgeting process. This
5664	process requires that university accountability reports reflect
5665	measures defined through performance-based budgeting. The
5666	performance-based budgeting measures must also reflect the
5667	elements of teaching, research, and service inherent in the
5668	missions of the state universities.
5669	(1)  By December 31 of each year, the Board of Governors
5670	State Board of Education shall submit an annual accountability
5671	report providing information on the implementation of
5672	performance standards, actions taken to improve university
5673	achievement of performance goals, the achievement of performance
5674	goals during the prior year, and initiatives to be undertaken
5675	during the next year. The accountability reports shall be
5676	designed in consultation with the Governor's Office, the Office
5677	of Program Policy Analysis and Government Accountability, and
5678	the Legislature.
5679	(2)  The Board of Governors State Board of Education shall
5680	recommend in the annual accountability report any appropriate
5681	modifications to this section.
5682	Section 131.  Subsection (2) of section 1009.01, Florida
5683	Statutes, is amended to read:
5684	1009.01  Definitions.--The term:
5685	(2)  "Out-of-state fee" means the additional fee for
5686	instruction provided by a public postsecondary educational
5687	institution in this state, which fee is charged to a student who
5688	does not qualify for the in-state tuition rate pursuant to s.
5689	1009.21 non-Florida student as defined in rules of the State
5690	Board of Education. A charge for any other purpose shall not be
5691	included within this fee.
5692	Section 132.  Subsection (11) of section 1009.21, Florida
5693	Statutes, is amended to read:
5694	1009.21  Determination of resident status for tuition
5695	purposes.--Students shall be classified as residents or
5696	nonresidents for the purpose of assessing tuition in community
5697	colleges and state universities.
5698	(11)  The State Board of Education and the Board of
5699	Governors shall adopt rules to implement this section by rule
5700	designate classifications of students as residents or
5701	nonresidents for tuition purposes at community colleges and
5702	state universities.
5703	Section 133.  Present subsections (3) through (14) of
5704	section 1009.24, Florida Statutes, are renumbered subsections
5705	(4) through (15), respectively, new subsections (3) and (16) are
5706	added to that section, and present subsections (6), (9), (10),
5707	and (11) of that section are amended to read:
5708	1009.24  State university student fees.--
5709	(3)  All moneys from tuition and fees shall be deposited
5710	pursuant to s. 1011.42.
5711	(7)(6)  A university board of trustees is authorized to
5712	collect for financial aid purposes an amount not to exceed 5
5713	percent of the tuition and out-of-state fee. The revenues from
5714	fees are to remain at each campus and replace existing financial
5715	aid fees. Such funds shall be disbursed to students as quickly
5716	as possible. A minimum of 75 percent of funds from the student
5717	financial aid fee for new financial aid awards shall be used to
5718	provide financial aid based on absolute need. A student who has
5719	received an award prior to July 1, 1984, shall have his or her
5720	eligibility assessed on the same criteria that were used at the
5721	time of his or her original award. The Board of Governors State
5722	Board of Education shall develop criteria for making financial
5723	aid awards. Each university shall report annually to the Board
5724	of Governors and the Department of Education on the revenue
5725	collected pursuant to this subsection, the amount carried
5726	forward, the criteria used to make awards, the amount and number
5727	of awards for each criterion, and a delineation of the
5728	distribution of such awards. The report shall include an
5729	assessment by category of the financial need of every student
5730	who receives an award, regardless of the purpose for which the
5731	award is received. Awards which are based on financial need
5732	shall be distributed in accordance with a nationally recognized
5733	system of need analysis approved by the Board of Governors State
5734	Board of Education. An award for academic merit shall require a
5735	minimum overall grade point average of 3.0 on a 4.0 scale or the
5736	equivalent for both initial receipt of the award and renewal of
5737	the award.
5738	(10)(9)(a)  Each university board of trustees shall
5739	establish a student activity and service fee on the main campus
5740	of the university. The university board may also establish a
5741	student activity and service fee on any branch campus or center.
5742	Any subsequent increase in the activity and service fee must be
5743	recommended by an activity and service fee committee, at least
5744	one-half of whom are students appointed by the student body
5745	president. The remainder of the committee shall be appointed by
5746	the university president. A chairperson, appointed jointly by
5747	the university president and the student body president, shall
5748	vote only in the case of a tie. The recommendations of the
5749	committee shall take effect only after approval by the
5750	university president, after consultation with the student body
5751	president, with final approval by the university board of
5752	trustees. An increase in the activity and service fee may occur
5753	only once each fiscal year and must be implemented beginning
5754	with the fall term. The Board of Governors State Board of
5755	Education is responsible for adopting promulgating the rules and
5756	timetables necessary to implement this fee.
5757	(b)  The student activity and service fees shall be
5758	expended for lawful purposes to benefit the student body in
5759	general. This shall include, but shall not be limited to,
5760	student publications and grants to duly recognized student
5761	organizations, the membership of which is open to all students
5762	at the university without regard to race, sex, or religion. The
5763	fund may not benefit activities for which an admission fee is
5764	charged to students, except for student-government-association-
5765	sponsored concerts. The allocation and expenditure of the fund
5766	shall be determined by the student government association of the
5767	university, except that the president of the university may veto
5768	any line item or portion thereof within the budget when
5769	submitted by the student government association legislative
5770	body. The university president shall have 15 school days from
5771	the date of presentation of the budget to act on the allocation
5772	and expenditure recommendations, which shall be deemed approved
5773	if no action is taken within the 15 school days. If any line
5774	item or portion thereof within the budget is vetoed, the student
5775	government association legislative body shall within 15 school
5776	days make new budget recommendations for expenditure of the
5777	vetoed portion of the fund. If the university president vetoes
5778	any line item or portion thereof within the new budget
5779	revisions, the university president may reallocate by line item
5780	that vetoed portion to bond obligations guaranteed by activity
5781	and service fees. Unexpended funds and undisbursed funds
5782	remaining at the end of a fiscal year shall be carried over and
5783	remain in the student activity and service fund and be available
5784	for allocation and expenditure during the next fiscal year.
5785	(11)(10)  Each university board of trustees shall establish
5786	a student health fee on the main campus of the university. The
5787	university board of trustees may also establish a student health
5788	fee on any branch campus or center. Any subsequent increase in
5789	the health fee must be recommended by a health committee, at
5790	least one-half of whom are students appointed by the student
5791	body president. The remainder of the committee shall be
5792	appointed by the university president. A chairperson, appointed
5793	jointly by the university president and the student body
5794	president, shall vote only in the case of a tie. The
5795	recommendations of the committee shall take effect only after
5796	approval by the university president, after consultation with
5797	the student body president, with final approval by the
5798	university board of trustees. An increase in the health fee may
5799	occur only once each fiscal year and must be implemented
5800	beginning with the fall term. The Board of Governors State Board
5801	of Education is responsible for adopting promulgating the rules
5802	and timetables necessary to implement this fee.
5803	(12)(11)  Each university board of trustees shall establish
5804	a separate athletic fee on the main campus of the university.
5805	The university board may also establish a separate athletic fee
5806	on any branch campus or center. Any subsequent increase in the
5807	athletic fee must be recommended by an athletic fee committee,
5808	at least one-half of whom are students appointed by the student
5809	body president. The remainder of the committee shall be
5810	appointed by the university president. A chairperson, appointed
5811	jointly by the university president and the student body
5812	president, shall vote only in the case of a tie. The
5813	recommendations of the committee shall take effect only after
5814	approval by the university president, after consultation with
5815	the student body president, with final approval by the
5816	university board of trustees. An increase in the athletic fee
5817	may occur only once each fiscal year and must be implemented
5818	beginning with the fall term. The Board of Governors State Board
5819	of Education is responsible for adopting promulgating the rules
5820	and timetables necessary to implement this fee.
5821	(16)  A state university may not charge any fee except as
5822	specifically authorized by law.
5823	Section 134.  Subsections (4) and (6) of section 1009.26,
5824	Florida Statutes, are amended, and subsection (10) is added to
5825	that section, to read:
5826	1009.26  Fee waivers.--
5827	(4)  A state university may waive any or all application,
5828	tuition, and related fees for persons 60 years of age or older
5829	who are residents of this state and who attend classes for
5830	credit. No academic credit shall be awarded for attendance in
5831	classes for which fees are waived under this subsection. This
5832	privilege may be granted only on a space-available basis, if
5833	such classes are not filled as of the close of registration. A
5834	university may limit or deny the privilege for courses which are
5835	in programs for which the Board of Governors State Board of
5836	Education has established selective admissions criteria. Persons
5837	paying full fees and state employees taking courses on a space-
5838	available basis shall have priority over those persons whose
5839	fees are waived in all cases where classroom spaces are limited.
5840	(6)  A university board of trustees may waive the State
5841	Board of Education may establish rules to allow for the waiver
5842	of out-of-state fees for nondegree-seeking students enrolled at
5843	a state university if the earned student credit hours generated
5844	by such students are nonfundable and the direct cost for the
5845	program of study is recovered from the fees charged to all
5846	students.
5847	(10)  Each university board of trustees is authorized to
5848	waive tuition and out-of-state fees for purposes that support
5849	and enhance the mission of the university. All fees waived must
5850	be based on policies that are adopted by university boards of
5851	trustees pursuant to rules adopted by the Board of Governors.
5852	Each university shall report the purpose, number, and value of
5853	all fee waivers granted annually in a format prescribed by the
5854	Board of Governors.
5855	Section 135.  Subsection (1) of section 1009.27, Florida
5856	Statutes, is amended to read:
5857	1009.27  Deferral of fees.--
5858	(1)  School districts, community colleges, and state
5859	universities may defer The State Board of Education shall adopt
5860	rules to allow the deferral of tuition and registration fees for
5861	students receiving financial aid from a federal or state
5862	assistance program when the aid is delayed in being transmitted
5863	to the student through circumstances beyond the control of the
5864	student. The failure to make timely application for the aid is
5865	an insufficient reason to receive a deferral of fees. The rules
5866	must provide for the enforcement and collection or other
5867	settlement of delinquent accounts.
5868	Section 136.  Section 1009.285, Florida Statutes, is
5869	amended to read:
5870	1009.285  Fees for repeated enrollment in college-credit
5871	courses.--A student enrolled in the same undergraduate college-
5872	college-credit course more than twice shall pay tuition at 100
5873	percent of the full cost of instruction and shall not be
5874	included in calculations of full-time equivalent enrollments for
5875	state funding purposes. However, students who withdraw or fail a
5876	class due to extenuating circumstances may be granted an
5877	exception only once for each class, provided that approval is
5878	granted according to policy established by the community college
5879	board of trustees or the university board of trustees. Each
5880	community college and state university may review and reduce
5881	fees paid by students due to continued enrollment in a college-
5882	credit class on an individual basis contingent upon the
5883	student's financial hardship, pursuant to definitions and fee
5884	levels established by the State Board of Education. For purposes
5885	of this section, first-time enrollment in a class shall mean
5886	enrollment in a class beginning fall semester 1997, and
5887	calculations of the full cost of instruction shall be based on
5888	the systemwide average of the prior year's cost of undergraduate
5889	programs for the community colleges and the state universities.
5890	Boards of trustees may make exceptions to this section for
5891	individualized study, elective coursework, courses that are
5892	repeated as a requirement of a major, and courses that are
5893	intended as continuing over multiple semesters, excluding the
5894	repeat of coursework more than two times to increase grade point
5895	average or meet minimum course grade requirements.
5896	Section 137.  Subsection (1) of section 1009.29, Florida
5897	Statutes, is amended to read:
5898	1009.29  Increased fees for funding financial aid
5899	program.--
5900	(1)  Student tuition and registration fees at each state
5901	university and community college shall include up to $4.68 per
5902	quarter, or $7.02 per semester, per full-time student, or the
5903	per-student credit hour equivalents of such amounts. The fees
5904	provided for by this section shall be adjusted from time to
5905	time, as necessary, to comply with the debt service coverage
5906	requirements of the student loan revenue bonds issued pursuant
5907	to s. 1009.79. If the Division of Bond Finance of the State
5908	Board of Administration State Board of Education and the
5909	Commissioner of Education determine that such fees are no longer
5910	required as security for revenue bonds issued pursuant to ss.
5911	1009.78-1009.88, moneys previously collected pursuant to this
5912	section which are held in escrow, after administrative expenses
5913	have been met and up to $150,000 has been used to establish a
5914	financial aid data processing system for the state universities
5915	incorporating the necessary features to meet the needs of all 11
5916	universities for application through disbursement processing,
5917	shall be reallocated to the generating institutions to be used
5918	for student financial aid programs, including, but not limited
5919	to, scholarships and grants for educational purposes. Upon such
5920	determination, such fees shall no longer be assessed and
5921	collected.
5922	Section 138.  Section 1009.40, Florida Statutes, is amended
5923	to read:
5924	1009.40  General requirements for student eligibility for
5925	state financial aid awards and tuition assistance grants.--
5926	(1)(a)  The general requirements for eligibility of
5927	students for state financial aid awards and tuition assistance
5928	grants consist of the following:
5929	1.  Achievement of the academic requirements of and
5930	acceptance at a state university or community college; a nursing
5931	diploma school approved by the Florida Board of Nursing; a
5932	Florida college, university, or community college which is
5933	accredited by an accrediting agency recognized by the State
5934	Board of Education; any Florida institution the credits of which
5935	are acceptable for transfer to state universities; any career
5936	center; or any private career institution accredited by an
5937	accrediting agency recognized by the State Board of Education.
5938	2.  Residency in this state for no less than 1 year
5939	preceding the award of aid or a tuition assistance grant for a
5940	program established pursuant to s. 1009.50, s. 1009.51, s.
5941	1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
5942	1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
5943	1009.73, s. 1009.76, s. 1009.77, or s. 1009.89, or s. 1009.891.
5944	Residency in this state must be for purposes other than to
5945	obtain an education. Resident status for purposes of receiving
5946	state financial aid awards shall be determined in the same
5947	manner as resident status for tuition purposes pursuant to s.
5948	1009.21 and rules of the State Board of Education.
5949	3.  Submission of certification attesting to the accuracy,
5950	completeness, and correctness of information provided to
5951	demonstrate a student's eligibility to receive state financial
5952	aid awards or tuition assistance grants. Falsification of such
5953	information shall result in the denial of any pending
5954	application and revocation of any award or grant currently held
5955	to the extent that no further payments shall be made.
5956	Additionally, students who knowingly make false statements in
5957	order to receive state financial aid awards or tuition
5958	assistance grants commit shall be guilty of a misdemeanor of the
5959	second degree subject to the provisions of s. 837.06 and shall
5960	be required to return all state financial aid awards or tuition
5961	assistance grants wrongfully obtained.
5962	(b)1.  Eligibility for the renewal of undergraduate
5963	financial aid awards shall be evaluated at the end of the second
5964	semester or third quarter of each academic year.  As a condition
5965	for renewal, a student shall:
5966	a.  Have earned a minimum cumulative grade point average of
5967	2.0 on a 4.0 scale; and
5968	b.  Have earned, for full-time study, 12 credits per term
5969	or the equivalent for the number of terms for which aid was
5970	received.
5971	2.  A student who earns the minimum number of credits
5972	required for renewal, but who fails to meet the minimum 2.0
5973	cumulative grade point average, may be granted a probationary
5974	award for up to the equivalent of 1 academic year and shall be
5975	required to earn a cumulative grade point average of 2.0 on a
5976	4.0 scale by the end of the probationary period to be eligible
5977	for subsequent renewal.  A student who receives a probationary
5978	award and who fails to meet the conditions for renewal by the
5979	end of his or her probationary period shall be ineligible to
5980	receive additional awards for the equivalent of 1 academic year
5981	following his or her probationary period. Each such student may,
5982	however, reapply for assistance during a subsequent application
5983	period and may be eligible for an award if he or she has earned
5984	a cumulative grade point average of 2.0 on a 4.0 scale.
5985	3.  A student who fails to earn the minimum number of
5986	credits required for renewal shall lose his or her eligibility
5987	for renewal for a period equivalent to 1 academic year.
5988	However, the student may reapply during a subsequent application
5989	period and may be eligible for an award if he or she has earned
5990	a minimum cumulative grade point average of 2.0 on a 4.0 scale.
5991	4.  Students who receive state student aid and subsequently
5992	fail to meet state academic progress requirements due to
5993	verifiable illness or other emergencies may be granted an
5994	exception from the academic requirements.  Such students shall
5995	make a written appeal to the institution.  The appeal shall
5996	include a description and verification of the circumstances.
5997	Verification of illness or other emergencies may include but not
5998	be limited to a physician's statement or written statement of a
5999	parent or college official.  The institution shall recommend
6000	exceptions with necessary documentation to the department.  The
6001	department may accept or deny such recommendations for exception
6002	from the institution.
6003	(2)  These requirements do not preclude higher standards
6004	specified in other sections of this part, in rules of the state
6005	board, or in rules of a participating institution.
6006	(3)  Undergraduate students are eligible to receive
6007	financial aid for a maximum of 8 semesters or 12 quarters.
6008	However, undergraduate students participating in college-
6009	preparatory instruction, students requiring additional time to
6010	complete the college-level communication and computation skills
6011	testing programs, or students enrolled in a 5-year undergraduate
6012	degree program are eligible to receive financial aid for a
6013	maximum of 10 semesters or 15 quarters.
6014	(4)  No student is eligible to receive more than one state
6015	scholarship that is based on academic merit.  Students who
6016	qualify for more than one such scholarship shall be notified of
6017	all awards for which they qualify and shall be provided the
6018	opportunity to accept one of their choosing.
6019	Section 139.  Subsections (9) and (12) of section 1009.90,
6020	Florida Statutes, are amended to read:
6021	1009.90  Duties of the Department of Education.--The duties
6022	of the department shall include:
6023	(9)  Development and submission of a report, annually, to
6024	the State Board of Education, the Board of Governors, the
6025	President of the Senate, and the Speaker of the House of
6026	Representatives, which shall include, but not be limited to,
6027	recommendations for the distribution of state financial aid
6028	funds.
6029	(12)  Calculation of the amount of need-based student
6030	financial aid required to offset fee increases recommended by
6031	the State Board of Education and the Board of Governors and
6032	inclusion of such amount within the legislative budget request
6033	for student assistance grant programs.
6034	Section 140.  Subsection (4) of section 1009.91, Florida
6035	Statutes, is amended to read:
6036	1009.91  Assistance programs and activities of the
6037	department.--
6038	(4)  The department shall maintain records on the student
6039	loan default rate of each Florida postsecondary institution and
6040	report that information annually to both the institution and the
6041	State Board of Education. Information relating to state
6042	universities shall also be reported annually to the Board of
6043	Governors.
6044	Section 141.  Subsection (2) of section 1009.971, Florida
6045	Statutes, is amended to read:
6046	1009.971  Florida Prepaid College Board.--
6047	(2)  FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.--The board
6048	shall consist of seven members to be composed of the Attorney
6049	General, the Chief Financial Officer, the Chancellor of the
6050	State University System Deputy Commissioner of Colleges and
6051	Universities, the Deputy Commissioner of Community Colleges, and
6052	three members appointed by the Governor and subject to
6053	confirmation by the Senate. Each member appointed by the
6054	Governor shall possess knowledge, skill, and experience in the
6055	areas of accounting, actuary, risk management, or investment
6056	management. Each member of the board not appointed by the
6057	Governor may name a designee to serve on the board on behalf of
6058	the member; however, any designee so named shall meet the
6059	qualifications required of gubernatorial appointees to the
6060	board. Members appointed by the Governor shall serve terms of 3
6061	years. Any person appointed to fill a vacancy on the board shall
6062	be appointed in a like manner and shall serve for only the
6063	unexpired term. Any member shall be eligible for reappointment
6064	and shall serve until a successor qualifies. Members of the
6065	board shall serve without compensation but shall be reimbursed
6066	for per diem and travel in accordance with s. 112.061. Each
6067	member of the board shall file a full and public disclosure of
6068	his or her financial interests pursuant to s. 8, Art. II of the
6069	State Constitution and corresponding statute.
6070	Section 142.  Section 1010.01, Florida Statutes, is amended
6071	to read:
6072	1010.01  Uniform records and accounts.--
6073	(1)(a)  The financial records and accounts of each school
6074	district, community college, university, and other institution
6075	or agency under the supervision of the State Board of Education
6076	shall be prepared and maintained as prescribed by law and rules
6077	of the State Board of Education.
6078	(b)  The financial records and accounts of each state
6079	university under the supervision of the Board of Governors shall
6080	be prepared and maintained as prescribed by law and rules of the
6081	Board of Governors.
6082	(2)  Rules of the State Board of Education and rules of the
6083	Board of Governors shall incorporate the requirements of law and
6084	accounting principles generally accepted in the United States
6085	the appropriate requirements of the Governmental Accounting
6086	Standards Board (GASB) for State and Local Government. Such
6087	rules shall include a uniform classification of accounts.
6088	(3)  Each state university shall annually file with the
6089	Board of Governors financial statements prepared in conformity
6090	with accounting principles generally accepted by the United
6091	States and the uniform classification of accounts prescribed by
6092	the Board of Governors. The Board of Governors' rules shall
6093	prescribe the filing deadline for the financial statements.
6094	(4)(3)  Required financial accounts and reports shall
6095	include provisions that are unique to each of the following: K-
6096	12 school districts, community colleges, and state universities,
6097	and shall provide for the data to be reported to the National
6098	Center of Educational Statistics and other governmental and
6099	professional educational data information services as
6100	appropriate.
6101	Section 143.  Section 1010.011, Florida Statutes, is
6102	amended to read:
6103	1010.011  Definition.--For purposes of this chapter and
6104	chapter 1011, the following terms: "university," "universities,"
6105	and "university board of trustees" include all state
6106	universities New College under the supervision of the Board of
6107	Governors State Board of Education.
6108	Section 144.  Section 1010.02, Florida Statutes, is amended
6109	to read:
6110	1010.02  Financial accounting and expenditures.--
6111	(1)  All funds accruing to a school district or, a
6112	community college, or a university must be received, accounted
6113	for, and expended in accordance with law and rules of the State
6114	Board of Education.
6115	(2)  All funds accruing to a state university must be
6116	received, accounted for, and expended in accordance with law and
6117	rules of the Board of Governors.
6118	Section 145.  Subsections (1) and (4) of section 1010.04,
6119	Florida Statutes, are amended to read:
6120	1010.04  Purchasing.--
6121	(1)(a)  Purchases and leases by school districts and,
6122	community colleges, and universities shall comply with the
6123	requirements of law and rules of the State Board of Education.
6124	(b)  Purchases and leases by state universities shall
6125	comply with the requirements of law and rules of the Board of
6126	Governors.
6127	(4)(a)  The State Board of Education may, by rule, provide
6128	for alternative procedures for school districts and community
6129	colleges for bidding or purchasing in cases in which the
6130	character of the item requested renders competitive bidding
6131	impractical.
6132	(b)  The Board of Governors may, by rule, provide for
6133	alternative procedures for state universities for bidding or
6134	purchasing in cases in which the character of the item requested
6135	renders competitive bidding impractical.
6136	Section 146.  Subsection (2) of section 1010.07, Florida
6137	Statutes, is amended to read:
6138	1010.07  Bonds or insurance required.--
6139	(2)(a)  Contractors paid from school district or, community
6140	college, or university funds shall give bond for the faithful
6141	performance of their contracts in such amount and for such
6142	purposes as prescribed by s. 255.05 or by rules of the State
6143	Board of Education relating to the type of contract involved. It
6144	shall be the duty of the district school board or, community
6145	college board of trustees, and university board of trustees to
6146	require from construction contractors a bond adequate to protect
6147	the board and the board's funds involved.
6148	(b)  Contractors paid from university funds shall give bond
6149	for the faithful performance of their contracts in such amount
6150	and for such purposes as prescribed by s. 255.05 or by rules of
6151	the Board of Governors relating to the type of contract
6152	involved. It shall be the duty of the university board of
6153	trustees to require from construction contractors a bond
6154	adequate to protect the board and the board's funds involved.
6155	Section 147.  Section 1010.09, Florida Statutes, is amended
6156	to read:
6157	1010.09  Direct-support organizations.--
6158	(1)  School district and, community college, and university
6159	direct-support organizations shall be organized and conducted
6160	under the provisions of ss. 1001.453, 1004.28, and 1004.70 and
6161	rules of the State Board of Education, as applicable.
6162	(2)  State university direct-support organizations shall be
6163	organized and conducted under the provisions of s. 1004.28 and
6164	rules of the Board of Governors, as applicable.
6165	Section 148.  Section 1010.30, Florida Statutes, is amended
6166	to read:
6167	1010.30  Audits required.--School districts, community
6168	colleges, universities, and other institutions and agencies
6169	under the supervision of the State Board of Education and state
6170	universities under the supervision of the Board of Governors are
6171	subject to the audit provisions under ss. 11.45 and 218.39.
6172	Section 149.  Section 1011.01, Florida Statutes, is amended
6173	to read:
6174	1011.01  Budget system established.--
6175	(1)  The State Board of Education shall prepare and submit
6176	a coordinated K-20 education annual legislative budget request
6177	to the Governor and the Legislature on or before the date
6178	provided by the Governor and the Legislature. The board's
6179	legislative budget request must clearly define the needs of
6180	school districts, community colleges, universities, other
6181	institutions, organizations, programs, and activities under the
6182	supervision of the board and that are assigned by law or the
6183	General Appropriations Act to the Department of Education.
6184	(2)(a)  There shall be established in each school district
6185	and, community college, and university a budget system as
6186	prescribed by law and rules of the State Board of Education.
6187	(b)  There shall be established in each state university a
6188	budget system as prescribed by law and rules of the Board of
6189	Governors.
6190	(3)(a)  Each district school board and, each community
6191	college board of trustees, and each state university board of
6192	trustees shall prepare, adopt, and submit to the Commissioner of
6193	Education for review an annual operating budget. Operating
6194	budgets shall be prepared and submitted in accordance with the
6195	provisions of law, rules of the State Board of Education, the
6196	General Appropriations Act, and for district school boards in
6197	accordance with the provisions of ss. 200.065 and 1011.64.
6198	(b)  Each state university board of trustees shall prepare,
6199	adopt, and submit to the Chancellor of the State University
6200	System for review an annual operating budget in accordance with
6201	provisions of law, rules of the Board of Governors, and the
6202	General Appropriations Act.
6203	(4)  The State Board of Education shall coordinate with the
6204	Board of Governors to facilitate the budget system requirements
6205	of this section. The Board of Governors exclusively retains the
6206	review and approval powers of this section for state
6207	universities.
6208	Section 150.  Section 1011.011, Florida Statutes, is
6209	amended to read:
6210	1011.011  Legislative capital outlay budget request.--The
6211	State Board of Education shall submit an integrated,
6212	comprehensive budget request for educational facilities
6213	construction and fixed capital outlay needs for school
6214	districts, community colleges, and, in conjunction with the
6215	Board of Governors, universities pursuant to this section and s.
6216	1013.46 and applicable provisions of chapter 216.
6217	Section 151.  Section 1011.40, Florida Statutes, is amended
6218	to read:
6219	1011.40  Budgets for universities.--
6220	(1)  LEGISLATIVE BUDGET REQUEST.--The Board of Governors
6221	State Board of Education shall provide instructions, guidelines,
6222	and standard formats to be used by each university that will
6223	provide to the Board of Governors State Board of Education and
6224	the Legislature adequate information to support and justify the
6225	legislative budget requests submitted pursuant to ss. 216.023,
6226	1011.90, and 1013.60 for each university.
6227	(2)  OPERATING BUDGET.--Each university board of trustees
6228	shall adopt an operating budget for the operation of the
6229	university as prescribed by law and rules of the Board of
6230	Governors State Board of Education. Each university president
6231	shall prepare and implement the operating budget of the
6232	university as prescribed by law, rules of the Board of Governors
6233	State Board of Education, policies of the university board of
6234	trustees, and provisions of the General Appropriations Act. The
6235	proposed expenditures, plus transfers, and balances shall not
6236	exceed the estimated income, transfers, and balances. The budget
6237	and each part thereof shall balance. If at any time the
6238	unencumbered balance in the education and general fund of the
6239	university board of trustees approved operating budget goes
6240	below 5 percent, the president shall provide written
6241	notification to the Board of Governors State Board of Education.
6242	(3)  EXPENDITURES.--Expenditures from any source of funds
6243	by any university shall not exceed the funds available.
6244	Expenditures shall not exceed the amount budgeted under each
6245	classification of accounts for each fund and the total amount of
6246	the budget, as amended as prescribed by rules of the Board of
6247	Governors State Board of Education. No expenditure of funds,
6248	contract, or agreement of any nature shall be made that requires
6249	additional appropriation of funds by the Legislature unless
6250	specifically authorized in advance by law or the General
6251	Appropriations Act.
6252	(4)  DISTRIBUTION OF APPROPRIATION.--Funds appropriated in
6253	the General Appropriations Act for the operation of state
6254	universities shall be distributed by the State Board of
6255	Education to the universities twice monthly. The Executive
6256	Office of the Governor may modify this schedule if required to
6257	meet specific needs of a university.
6258	Section 152.  Section 1011.41, Florida Statutes, is amended
6259	to read:
6260	1011.41  University appropriations.--Funds for the general
6261	operations of universities shall be requested and appropriated
6262	as Aid to Local Governments Grants and Aids, subject to
6263	provisions of the General Appropriations Act. Funds provided to
6264	state universities in the General Appropriations Act are
6265	contingent upon each university complying with the tuition and
6266	fee policies established in the proviso language and with the
6267	tuition and fee policies for state universities included in part
6268	II of chapter 1009. However, the funds appropriated to a
6269	specific university shall not be affected by the failure of
6270	another university to comply with this provision.
6271	Section 153.  Section 1011.4106, Florida Statutes, is
6272	amended to read:
6273	1011.4106  Trust fund dissolution and local account
6274	appropriations.--
6275	(1)  Notwithstanding the provisions of ss. 215.3206(2) and
6276	215.3208(2), and pursuant to s. 216.351, all unexpended balances
6277	as of June 30, 2002, in the following State University System
6278	trust funds are hereby appropriated to the appropriate accounts
6279	of each university based upon the original source of the trust
6280	fund revenue and any accrued interest: the Education/General
6281	Student and Other Fees Trust Fund, the Experiment Station
6282	Federal Grant Trust Fund, the Experiment Station Incidental
6283	Trust Fund, the Extension Service Federal Grant Trust Fund, the
6284	Extension Service Incidental Trust Fund, the Incidental Trust
6285	Fund, the UF Health Center Operations and Maintenance Trust
6286	Fund, the Operations and Maintenance Trust Fund, and all other
6287	trust funds in the State Treasury for universities. Expenditure
6288	of these funds by each university must be based on the laws,
6289	rules, grant agreements, or other legal controlling factors
6290	associated with all trust fund balances which are appropriated
6291	to local accounts pursuant to this section, and included in each
6292	university board of trustees' approved operating budget. Each
6293	university shall be responsible for the payment of outstanding
6294	debts or obligations associated with these funds.
6295	(2)  Any appropriations provided in the General
6296	Appropriations Act from the Education/General Student and Other
6297	Fees Trust Fund are the only budget authority for the fiscal
6298	year to the named universities to expend tuition and fees that
6299	are collected during the fiscal year and carried forward from
6300	the prior fiscal year. The expenditure of tuition and fee
6301	revenues from local accounts by each university shall not exceed
6302	the authority provided in the General Appropriations Act unless
6303	approved pursuant to the provisions of chapter 216. If a court
6304	of competent jurisdiction finds that the restriction in this
6305	subsection is invalid, the moneys described in this section
6306	shall be deposited in the State Treasury.
6307	Section 154.  Section 1011.411, Florida Statutes, is
6308	amended to read:
6309	1011.411  Budgets for sponsored research at
6310	universities.--Funds for sponsored research at each university
6311	shall be budgeted and expended pursuant to ss. 1004.22 1010.30
6312	and 1011.42.
6313	Section 155.  Subsections (3), (4), and (5) of section
6314	1011.48, Florida Statutes, are amended to read:
6315	1011.48  Establishment of educational research centers for
6316	child development.--
6317	(3)  Each center is authorized to charge fees for the care
6318	and services it provides. Such fees must be approved by the
6319	Board of Governors State Board of Education and may be imposed
6320	on a sliding scale based on ability to pay or any other factors
6321	deemed relevant by the board.
6322	(4)  The Board of Governors may adopt State Board of
6323	Education is authorized and directed to promulgate rules for the
6324	establishment, operation, and supervision of educational
6325	research centers for child development. Such rules shall
6326	include, but need not be limited to: a defined method of
6327	establishment of and participation in the operation of centers
6328	by the appropriate student government associations; guidelines
6329	for the establishment of an intern program in each center; and
6330	guidelines for the receipt and monitoring of funds from grants
6331	and other sources of funds consistent with existing laws.
6332	(5)  Each educational research center for child development
6333	shall be funded by a portion of the Capital Improvement Trust
6334	Fund fee established by the Board of Governors State Board of
6335	Education pursuant to s. 1009.24(7). Each university that
6336	establishes a center shall receive a portion of such fees
6337	collected from the students enrolled at that university, usable
6338	only at that university, equal to 22.5 cents per student per
6339	credit hour taken per term, based on the summer term and fall
6340	and spring semesters. This allocation shall be used by the
6341	university only for the establishment and operation of a center
6342	as provided by this section and rules adopted promulgated
6343	hereunder. Said allocation may be made only after all bond
6344	obligations required to be paid from such fees have been met.
6345	Section 156.  Subsection (1) of section 1011.82, Florida
6346	Statutes, is amended to read:
6347	1011.82  Requirements for participation in Community
6348	College Program Fund.--Each community college district which
6349	participates in the state appropriations for the Community
6350	College Program Fund shall provide evidence of its effort to
6351	maintain an adequate community college program which shall:
6352	(1)  Meet the minimum standards prescribed by the State
6353	Board of Education in accordance with s.1001.02(6) s.
6354	1001.02(9).
6355	Section 157.  Subsection (4) of section 1011.90, Florida
6356	Statutes, is amended to read:
6357	1011.90  State university funding.--
6358	(4)  The Board of Governors State Board of Education shall
6359	establish and validate a cost-estimating system consistent with
6360	the requirements of subsection (1) and shall report as part of
6361	its legislative budget request the actual expenditures for the
6362	fiscal year ending the previous June 30. Expenditure analysis,
6363	operating budgets, and annual financial statements of each
6364	university must be prepared using the standard financial
6365	reporting procedures and formats prescribed by the Board of
6366	Governors State Board of Education. These formats shall be the
6367	same as used for the 2000-2001 fiscal year reports. Any
6368	revisions to these financial and reporting procedures and
6369	formats must be approved by the Executive Office of the Governor
6370	and the appropriations committees of the Legislature jointly
6371	under the provisions of s. 216.023(3). The Board of Governors
6372	State Board of Education shall continue to collect and maintain
6373	at a minimum the management information databases existing on
6374	June 30, 2002. The expenditure analysis report shall include
6375	total expenditures from all sources for the general operation of
6376	the university and shall be in such detail as needed to support
6377	the legislative budget request.
6378	Section 158.  Subsections (1) and (2) of section 1011.91,
6379	Florida Statutes, are amended to read:
6380	1011.91  Additional appropriation.--
6381	(1)  Except as otherwise provided in the General
6382	Appropriations Act, all moneys received by universities, other
6383	than from state and federal sources, from student building and
6384	capital improvement fees authorized in s. 1009.24, and from
6385	vending machine collections, are hereby appropriated to the use
6386	of the respective universities collecting same, to be expended
6387	as the university board of trustees may direct; however, the
6388	funds shall not be expended except in pursuance of detailed
6389	budgets filed with the Board of Governors State Board of
6390	Education and shall not be expended for the construction or
6391	reconstruction of buildings except as provided under s. 1013.74.
6392	(2)  All moneys received from vending machine collections
6393	by a state university universities shall be expended only as set
6394	forth in detailed budgets approved by the university's board of
6395	trustees State Board of Education.
6396	Section 159.  Section 1012.01, Florida Statutes, is amended
6397	to read:
6398	1012.01  Definitions.--As used in this chapter, the
6399	following terms have the following meanings Specific definitions
6400	shall be as follows, and wherever such defined words or terms
6401	are used in the Florida K-20 Education Code, they shall be used
6402	as follows:
6403	(1)  SCHOOL OFFICERS.--The officers of the state system of
6404	public K-12 and community college education shall be the
6405	Commissioner of Education and the members of the State Board of
6406	Education; and, for each district school system, the officers
6407	shall be the district school superintendent and members of the
6408	district school board; and for each community college, the
6409	officers shall be the community college president and members of
6410	the community college board of trustees.
6411	(2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
6412	means any K-12 staff member whose function includes the
6413	provision of direct instructional services to students.
6414	Instructional personnel also includes K-12 personnel whose
6415	functions provide direct support in the learning process of
6416	students. Included in the classification of instructional
6417	personnel are the following K-12 personnel:
6418	(a)  Classroom teachers.--Classroom teachers are staff
6419	members assigned the professional activity of instructing
6420	students in courses in classroom situations, including basic
6421	instruction, exceptional student education, career education,
6422	and adult education, including substitute teachers.
6423	(b)  Student personnel services.--Student personnel
6424	services include staff members responsible for: advising
6425	students with regard to their abilities and aptitudes,
6426	educational and occupational opportunities, and personal and
6427	social adjustments; providing placement services; performing
6428	educational evaluations; and similar functions. Included in this
6429	classification are guidance counselors, social workers, career
6430	specialists, and school psychologists.
6431	(c)  Librarians/media specialists.--Librarians/media
6432	specialists are staff members responsible for providing school
6433	library media services. These employees are responsible for
6434	evaluating, selecting, organizing, and managing media and
6435	technology resources, equipment, and related systems;
6436	facilitating access to information resources beyond the school;
6437	working with teachers to make resources available in the
6438	instructional programs; assisting teachers and students in media
6439	productions; and instructing students in the location and use of
6440	information resources.
6441	(d)  Other instructional staff.--Other instructional staff
6442	are staff members who are part of the instructional staff but
6443	are not classified in one of the categories specified in
6444	paragraphs (a)-(c). Included in this classification are primary
6445	specialists, learning resource specialists, instructional
6446	trainers, adjunct educators certified pursuant to s. 1012.57,
6447	and similar positions.
6448	(e)  Education paraprofessionals.--Education
6449	paraprofessionals are individuals who are under the direct
6450	supervision of an instructional staff member, aiding the
6451	instructional process. Included in this classification are
6452	classroom paraprofessionals in regular instruction, exceptional
6453	education paraprofessionals, career education paraprofessionals,
6454	adult education paraprofessionals, library paraprofessionals,
6455	physical education and playground paraprofessionals, and other
6456	school-level paraprofessionals.
6457	(3)  ADMINISTRATIVE PERSONNEL.--"Administrative personnel"
6458	includes K-12 personnel who perform management activities such
6459	as developing broad policies for the school district and
6460	executing those policies through the direction of personnel at
6461	all levels within the district. Administrative personnel are
6462	generally high-level, responsible personnel who have been
6463	assigned the responsibilities of systemwide or schoolwide
6464	functions, such as district school superintendents, assistant
6465	superintendents, deputy superintendents, school principals,
6466	assistant principals, career center directors, and others who
6467	perform management activities. Broad classifications of K-12
6468	administrative personnel are as follows:
6469	(a)  District-based instructional administrators.--Included
6470	in this classification are persons with district-level
6471	administrative or policymaking duties who have broad authority
6472	for management policies and general school district operations
6473	related to the instructional program. Such personnel often
6474	report directly to the district school superintendent and
6475	supervise other administrative employees. This classification
6476	includes assistant, associate, or deputy superintendents and
6477	directors of major instructional areas, such as curriculum,
6478	federal programs such as Title I, specialized instructional
6479	program areas such as exceptional student education, career
6480	education, and similar areas.
6481	(b)  District-based noninstructional
6482	administrators.--Included in this classification are persons
6483	with district-level administrative or policymaking duties who
6484	have broad authority for management policies and general school
6485	district operations related to the noninstructional program.
6486	Such personnel often report directly to the district school
6487	superintendent and supervise other administrative employees.
6488	This classification includes assistant, associate, or deputy
6489	superintendents and directors of major noninstructional areas,
6490	such as personnel, construction, facilities, transportation,
6491	data processing, and finance.
6492	(c)  School administrators.--Included in this
6493	classification are:
6494	1.  School principals or school directors who are staff
6495	members performing the assigned activities as the administrative
6496	head of a school and to whom have been delegated responsibility
6497	for the coordination and administrative direction of the
6498	instructional and noninstructional activities of the school.
6499	This classification also includes career center directors.
6500	2.  Assistant principals who are staff members assisting
6501	the administrative head of the school. This classification also
6502	includes assistant principals for curriculum and administration.
6503	(4)  YEAR OF SERVICE.--The minimum time which may be
6504	recognized in administering K-12 the state program of education,
6505	not including retirement, as a year of service by a school
6506	employee shall be full-time actual service; and, beginning July
6507	1963, such service shall also include sick leave and holidays
6508	for which compensation was received but shall exclude all other
6509	types of leave and holidays for a total of more than one-half of
6510	the number of days required for the normal contractual period of
6511	service for the position held, which shall be 196 days or
6512	longer, or the minimum required for the district to participate
6513	in the Florida Education Finance Program in the year service was
6514	rendered, or the equivalent for service performed on a daily or
6515	hourly basis; provided, further, that absence from duty after
6516	the date of beginning service shall be covered by leave duly
6517	authorized and granted; further, the school board shall have
6518	authority to establish a different minimum for local district
6519	school purposes.
6520	(5)  SCHOOL VOLUNTEER.--A K-12 school volunteer is any
6521	nonpaid person who may be appointed by a district school board
6522	or its designee. School volunteers may include, but may not be
6523	limited to, parents, senior citizens, students, and others who
6524	assist the teacher or other members of the school staff.
6525	(6)  EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support
6526	employees" means K-12 employees whose job functions are neither
6527	administrative nor instructional, yet whose work supports the
6528	educational process.
6529	(a)  Other professional staff or
6530	nonadministrative/noninstructional employees are staff members
6531	who perform professional job functions which are
6532	nonadministrative/noninstructional in nature and who are not
6533	otherwise classified in this section. Included in this
6534	classification are employees such as doctors, nurses, attorneys,
6535	certified public accountants, and others appropriate to the
6536	classification.
6537	(b)  Technicians are individuals whose occupations require
6538	a combination of knowledge and manual skill which can be
6539	obtained through about 2 years of post-high school education,
6540	such as is offered in many career centers and community
6541	colleges, or through equivalent on-the-job training.
6542	(c)  Clerical/secretarial workers are individuals whose job
6543	requires skills and training in clerical-type work, including
6544	activities such as preparing, transcribing, systematizing, or
6545	preserving written communications and reports or operating
6546	equipment performing those functions. Included in this
6547	classification are secretaries, bookkeepers, messengers, and
6548	office machine operators.
6549	(d)  Skilled crafts workers are individuals who perform
6550	jobs which require special manual skill and a thorough and
6551	comprehensive knowledge of the processes involved in the work
6552	which is acquired through on-the-job training and experience or
6553	through apprenticeship or other formal training programs. Lead
6554	workers for the various skilled crafts areas shall be included
6555	in this classification.
6556	(e)  Service workers are staff members performing a service
6557	for which there are no formal qualifications, including those
6558	responsible for: cleaning the buildings, school plants, or
6559	supporting facilities; maintenance and operation of such
6560	equipment as heating and ventilation systems; preserving the
6561	security of school property; and keeping the school plant safe
6562	for occupancy and use. Lead workers in the various service areas
6563	shall be included in this broad classification.
6564	(7)  MANAGERS.--"Managers" includes those K-12 staff
6565	members who perform managerial and supervisory functions while
6566	usually also performing general operations functions. Managers
6567	may be either instructional or noninstructional in their
6568	responsibility. They may direct employees' work, plan the work
6569	schedule, control the flow and distribution of work or
6570	materials, train employees, handle complaints, authorize
6571	payments, and appraise productivity and efficiency of employees.
6572	This classification includes coordinators and supervisors
6573	working under the general direction of those staff identified as
6574	district-based instructional or noninstructional administrators.
6575	Section 160.  Subsection (1) of section 1012.80, Florida
6576	Statutes, is amended to read:
6577	1012.80  Participation by employees in disruptive
6578	activities at public postsecondary educational institutions;
6579	penalties.--
6580	(1)(a)  Any person who accepts the privilege extended by
6581	the laws of this state of employment at any community college
6582	public postsecondary educational institution shall, by so
6583	working at such institution, be deemed to have given his or her
6584	consent to the policies of that institution, the policies of the
6585	State Board of Education, and the laws of this state. Such
6586	policies shall include prohibition against disruptive activities
6587	at community colleges public postsecondary educational
6588	institutions.
6589	(b)  Any person who accepts the privilege extended by the
6590	laws of this state of employment at any state university shall,
6591	by working at such institution, be deemed to have given his or
6592	her consent to the policies of that institution, the policies of
6593	the Board of Governors, and the laws of this state. Such
6594	policies shall include prohibition against disruptive activities
6595	at state universities.
6596	Section 161.  Section 1012.801, Florida Statutes, is
6597	amended to read:
6598	1012.801  Employees of the Board of Governors Division of
6599	Colleges and Universities.--Employees of the Board of Governors
6600	Division of Colleges and Universities of the Department of
6601	Education who were are participating in the State University
6602	Optional Retirement Program prior to June 30, 2002, shall be
6603	eligible to continue such participation as long as they remain
6604	employees of the Board of Governors Department of Education or a
6605	state university without a break in continuous service.
6606	Section 162.  Section 1012.93, Florida Statutes, is amended
6607	to read:
6608	1012.93  Faculty members; test of spoken English.-- The
6609	State Board of Education shall adopt rules requiring that All
6610	faculty members in each state university and New College, other
6611	than those persons who teach courses that are conducted
6612	primarily in a foreign language, shall be proficient in the oral
6613	use of English, as determined by a satisfactory grade on the
6614	"Test of Spoken English" of the Educational Testing Service or a
6615	similar test approved by the Board of Governors state board.
6616	Section 163.  Paragraph (c) of subsection (4) of section
6617	1012.98, Florida Statutes, is amended to read:
6618	1012.98  School Community Professional Development Act.--
6619	(4)  The Department of Education, school districts,
6620	schools, community colleges, and state universities share the
6621	responsibilities described in this section. These
6622	responsibilities include the following:
6623	(c)  The Department of Education shall approve a public
6624	state university having an approved physical education teacher
6625	preparation program within its college of education to develop
6626	and implement an Internet-based clearinghouse for physical
6627	education professional development programs that may be accessed
6628	and used by all instructional personnel. The development of
6629	these programs shall be financed primarily by private funds and
6630	shall be available for use no later than August 1, 2005.
6631	Section 164.  Subsection (3) of section 1013.01, Florida
6632	Statutes, is amended to read:
6633	1013.01  Definitions.--The following terms shall be defined
6634	as follows for the purpose of this chapter:
6635	(3)  "Board," unless otherwise specified, means a district
6636	school board, a community college board of trustees, a
6637	university board of trustees, and the Board of Trustees for the
6638	Florida School for the Deaf and the Blind. The term "board" does
6639	not include the State Board of Education or the Board of
6640	Governors.
6641	Section 165.  Subsection (2) of section 1013.02, Florida
6642	Statutes, is amended to read:
6643	1013.02  Purpose; rules.--
6644	(2)(a)  The State Board of Education shall adopt rules
6645	pursuant to ss. 120.536(1) and 120.54 to implement the
6646	provisions of this chapter for school districts and community
6647	colleges.
6648	(b)  The Board of Governors shall adopt rules pursuant to
6649	ss. 120.536(1) and 120.54 to implement the provisions of this
6650	chapter for state universities.
6651	Section 166.  Section 1013.03, Florida Statutes, is amended
6652	to read:
6653	1013.03  Functions of the department and the Board of
6654	Governors.--The functions of the Department of Education as it
6655	pertains to educational facilities of school districts and
6656	community colleges and of the Board of Governors as it pertains
6657	to educational facilities of state universities shall include,
6658	but not be limited to, the following:
6659	(1)  Establish recommended minimum and maximum square
6660	footage standards for different functions and areas and
6661	procedures for determining the gross square footage for each
6662	educational facility to be funded in whole or in part by the
6663	state, including public broadcasting stations but excluding
6664	postsecondary special purpose laboratory space. The gross square
6665	footage determination standards may be exceeded when the core
6666	facility space of an educational facility is constructed or
6667	renovated to accommodate the future addition of classrooms to
6668	meet projected increases in student enrollment. The department
6669	and the Board of Governors shall encourage multiple use of
6670	facilities and spaces in educational plants.
6671	(2)  Establish, for the purpose of determining need,
6672	equitably uniform utilization standards for all types of like
6673	space, regardless of the level of education. These standards
6674	shall also establish, for postsecondary education classrooms, a
6675	minimum room utilization rate of 40 hours per week and a minimum
6676	station utilization rate of 60 percent. These rates shall be
6677	subject to increase based on national norms for utilization of
6678	postsecondary education classrooms.
6679	(3)  Require boards to submit other educational plant
6680	inventories data and statistical data or information relevant to
6681	construction, capital improvements, and related costs.
6682	(4)  Require each board and other appropriate agencies to
6683	submit complete and accurate financial data as to the amounts of
6684	funds from all sources that are available and spent for
6685	construction and capital improvements. The commissioner shall
6686	prescribe the format and the date for the submission of this
6687	data and any other educational facilities data. If any district
6688	does not submit the required educational facilities fiscal data
6689	by the prescribed date, the Commissioner of Education shall
6690	notify the district school board of this fact and, if
6691	appropriate action is not taken to immediately submit the
6692	required report, the district school board shall be directed to
6693	proceed pursuant to the provisions of s. 1001.42(11)(b). If any
6694	community college or university does not submit the required
6695	educational facilities fiscal data by the prescribed date, the
6696	same policy prescribed in this subsection for school districts
6697	shall be implemented.
6698	(5)  Administer, under the supervision of the Commissioner
6699	of Education, the Public Education Capital Outlay and Debt
6700	Service Trust Fund and the School District and Community College
6701	District Capital Outlay and Debt Service Trust Fund.
6702	(6)  Develop, review, update, revise, and recommend a
6703	mandatory portion of the Florida Building Code for educational
6704	facilities construction and capital improvement by community
6705	college boards and district school boards.
6706	(7)  Provide training, technical assistance, and building
6707	code interpretation for requirements of the mandatory Florida
6708	Building Code for the educational facilities construction and
6709	capital improvement programs of the community college boards and
6710	district school boards and, upon request, approve phase III
6711	construction documents for remodeling, renovation, or new
6712	construction of educational plants or ancillary facilities,
6713	except that university boards of trustees shall approve
6714	specifications and construction documents for their respective
6715	institutions pursuant to guidelines of the Board of Governors.
6716	The Department of Management Services may, upon request, provide
6717	similar services for the Florida School for the Deaf and the
6718	Blind and shall use the Florida Building Code and the Florida
6719	Fire Prevention Code.
6720	(8)  Provide minimum criteria, procedures, and training to
6721	boards to conduct educational plant surveys and document the
6722	determination of future needs.
6723	(9)  Make available to boards technical assistance,
6724	awareness training, and research and technical publications
6725	relating to lifesafety, casualty, sanitation, environmental,
6726	maintenance, and custodial issues; and, as needed, technical
6727	assistance for survey, planning, design, construction,
6728	operation, and evaluation of educational and ancillary
6729	facilities and plants, facilities administrative procedures
6730	review, and training for new administrators.
6731	(10)(a)  Review and validate surveys proposed or amended by
6732	the boards and recommend to the Commissioner of Education or the
6733	Chancellor of the State University System, as appropriate, for
6734	approval, surveys that meet the requirements of this chapter.
6735	1.  The term "validate" as applied to surveys by school
6736	districts means to review inventory data as submitted to the
6737	department by district school boards; provide for review and
6738	inspection, where required, of student stations and aggregate
6739	square feet of inventory changed from satisfactory to
6740	unsatisfactory or changed from unsatisfactory to satisfactory;
6741	compare new school inventory to allocation limits provided by
6742	this chapter; review cost projections for conformity with cost
6743	limits set by s. 1013.64(6); compare total capital outlay full-
6744	time equivalent enrollment projections in the survey with the
6745	department's projections; review facilities lists to verify that
6746	student station and auxiliary facility space allocations do not
6747	exceed the limits provided by this chapter and related rules;
6748	review and confirm the application of uniform facility
6749	utilization factors, where provided by this chapter or related
6750	rules; utilize the documentation of programs offered per site,
6751	as submitted by the board, to analyze facility needs; confirm
6752	that need projections for career and adult educational programs
6753	comply with needs documented by the Department of Education
6754	Office of Workforce and Economic Development; and confirm the
6755	assignment of full-time student stations to all space except
6756	auxiliary facilities, which, for purposes of exemption from
6757	student station assignment, include the following:
6758	a.  Cafeterias.
6759	b.  Multipurpose dining areas.
6760	c.  Media centers.
6761	d.  Auditoriums.
6762	e.  Administration.
6763	f.  Elementary, middle, and high school resource rooms, up
6764	to the number of such rooms recommended for the applicable
6765	occupant and space design capacity of the educational plant in
6766	the State Requirements for Educational Facilities, beyond which
6767	student stations must be assigned.
6768	g.  Elementary school skills labs, up to the number of such
6769	rooms recommended for the applicable occupant and space design
6770	capacity of the educational plant in the State Requirements for
6771	Educational Facilities, beyond which student stations must be
6772	assigned.
6773	h.  Elementary school art and music rooms.
6774	2.  The term "validate" as applied to surveys by community
6775	colleges and universities means to review and document the
6776	approval of each new site and official designation, where
6777	applicable; review the inventory database as submitted by each
6778	board to the department, including noncareer, and total capital
6779	outlay full-time equivalent enrollment projections per site and
6780	per college; provide for the review and inspection, where
6781	required, of student stations and aggregate square feet of space
6782	changed from satisfactory to unsatisfactory; utilize and review
6783	the documentation of programs offered per site submitted by the
6784	boards as accurate for analysis of space requirements and needs;
6785	confirm that needs projected for career and adult educational
6786	programs comply with needs documented by the Department of
6787	Education Office of Workforce and Economic Development; compare
6788	new facility inventory to allocations limits as provided in this
6789	chapter; review cost projections for conformity with state
6790	averages or limits designated by this chapter; compare student
6791	enrollment projections in the survey to the department's
6792	projections; review facilities lists to verify that area
6793	allocations and space factors for generating space needs do not
6794	exceed the limits as provided by this chapter and related rules;
6795	confirm the application of facility utilization factors as
6796	provided by this chapter and related rules; and review, as
6797	submitted, documentation of how survey recommendations will
6798	implement the detail of current campus master plans and
6799	integrate with local comprehensive plans and development
6800	regulations.
6801	(b)  Recommend priority of projects to be funded for
6802	approval by the state board, when required by law.
6803	(11)  Prepare the commissioner's comprehensive fixed
6804	capital outlay legislative budget request and provide annually
6805	an estimate of the funds available for developing required 3-
6806	year priority lists. This amount shall be based upon the average
6807	percentage for the 5 prior years of funds appropriated by the
6808	Legislature for fixed capital outlay to each level of public
6809	education: public schools, community colleges, and universities.
6810	(12)  Perform any other functions that may be involved in
6811	educational facilities construction and capital improvement
6812	which shall ensure that the intent of the Legislature is
6813	implemented.
6814	(13)  By October 1, 2003, review all rules related to
6815	school construction to identify requirements that are outdated,
6816	obsolete, unnecessary, or otherwise could be amended in order to
6817	provide additional flexibility to school districts to comply
6818	with the constitutional class size maximums described in s.
6819	1003.03(1) and make recommendations concerning such rules to the
6820	State Board of Education. The State Board of Education shall act
6821	on such recommendations by December 31, 2003.
6822	Section 167.  Section 1013.11, Florida Statutes, is amended
6823	to read:
6824	1013.11  Postsecondary institutions assessment of physical
6825	plant safety.--The president of each postsecondary institution
6826	shall conduct or cause to be conducted an annual assessment of
6827	physical plant safety. An annual report shall incorporate the
6828	findings obtained through such assessment and recommendations
6829	for the improvement of safety on each campus. The annual report
6830	shall be submitted to the respective governing or licensing
6831	board of jurisdiction no later than January 1 of each year. Each
6832	board shall compile the individual institutional reports and
6833	convey the aggregate institutional reports to the Commissioner
6834	of Education or the Chancellor of the State University System,
6835	as appropriate. The Commissioner of Education and the Chancellor
6836	of the State University System shall convey these reports and
6837	the reports required in s. 1008.48 to the President of the
6838	Senate and the Speaker of the House of Representatives no later
6839	than March 1 of each year.
6840	Section 168.  Section 1013.12, Florida Statutes, is amended
6841	to read:
6842	1013.12  Casualty, safety, sanitation, and firesafety
6843	standards and inspection of property.--
6844	(1)  FIRESAFETY.--The State Board of Education shall adopt
6845	and administer rules prescribing standards for the safety and
6846	health of occupants of educational and ancillary plants as a
6847	part of State Requirements for Educational Facilities or the
6848	Florida Building Code for educational facilities construction as
6849	provided in s. 1013.37, except that the State Fire Marshal in
6850	consultation with the Department of Education shall adopt
6851	uniform firesafety standards for educational and ancillary
6852	plants and educational facilities, as provided in s.
6853	633.022(1)(b), and a firesafety evaluation system to be used as
6854	an alternate firesafety inspection standard for existing
6855	educational and ancillary plants and educational facilities. The
6856	uniform firesafety standards and the alternate firesafety
6857	evaluation system shall be administered and enforced by local
6858	fire officials. These standards must be used by all public
6859	agencies when inspecting public educational and ancillary
6860	plants, and the firesafety standards must be used by local fire
6861	officials when performing firesafety inspections of public
6862	educational and ancillary plants and educational facilities. In
6863	accordance with such standards, each board shall prescribe
6864	policies and procedures establishing a comprehensive program of
6865	safety and sanitation for the protection of occupants of public
6866	educational and ancillary plants. Such policies must contain
6867	procedures for periodic inspections as prescribed in this
6868	section herein and for withdrawal of any educational and
6869	ancillary plant, or portion thereof, from use until unsafe or
6870	unsanitary conditions are corrected or removed.
6871	(2)(1)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
6872	BOARDS.--
6873	(a)  Each board shall provide for periodic inspection,
6874	other than firesafety inspection, of each educational and
6875	ancillary plant at least once during each fiscal year to
6876	determine compliance with standards of sanitation and casualty
6877	safety prescribed in the rules of the State Board of Education.
6878	(b)  Firesafety inspections of each educational and
6879	ancillary plant must be made annually by persons certified by
6880	the Division of State Fire Marshal to be eligible to conduct
6881	firesafety inspections in public educational and ancillary
6882	plants. The board shall submit a copy of the firesafety
6883	inspection report to the State Fire Marshal and, if there is a
6884	local fire official who conducts firesafety inspections, to the
6885	local fire official.
6886	(c)  In each firesafety inspection report, the board shall
6887	include a plan of action and a schedule for the correction of
6888	each deficiency which have been formulated in consultation with
6889	the local fire control authority. If immediate life-threatening
6890	deficiencies are noted in any inspection, the board shall either
6891	take action to promptly correct the deficiencies or withdraw the
6892	educational or ancillary plant from use until such time as the
6893	deficiencies are corrected.
6894	(3)(2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
6895	AGENCIES.--
6896	(a)  A safety or sanitation inspection of any educational
6897	or ancillary plant may be made at any time by the Department of
6898	Education or any other state or local agency authorized or
6899	required to conduct such inspections by either general or
6900	special law. Each agency conducting inspections shall use the
6901	standards adopted by the Commissioner of Education in lieu of,
6902	and to the exclusion of, any other inspection standards
6903	prescribed either by statute or administrative rule. The agency
6904	shall submit a copy of the inspection report to the board.
6905	(b)  One firesafety inspection of each educational or
6906	ancillary plant must be conducted each fiscal year by the
6907	county, municipality, or special fire control district in which
6908	the plant is located using the standards adopted by the State
6909	Fire Marshal. The board shall cooperate with the inspecting
6910	authority when a firesafety inspection is made by a governmental
6911	authority under this paragraph.
6912	(c)  In each firesafety inspection report, the local fire
6913	official in conjunction with the board shall include a plan of
6914	action and a schedule for the correction of each deficiency. If
6915	immediate life-threatening deficiencies are noted in any
6916	inspection, the local fire official shall either take action to
6917	require the board to promptly correct the deficiencies or
6918	withdraw the educational facility from use until the
6919	deficiencies are corrected, subject to review by the State Fire
6920	Marshal who shall act within 10 days to ensure that the
6921	deficiencies are corrected or withdraw the facility from use.
6922	(4)(3)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN
6923	FIRESAFETY DEFICIENCIES.--Upon failure of the board to take
6924	corrective action within a reasonable time, the agency making
6925	the inspection, other than a local fire official, may request
6926	the commissioner to:
6927	(a)  Order that appropriate action be taken to correct all
6928	deficiencies in accordance with a schedule determined jointly by
6929	the inspecting authority and the board; in developing the
6930	schedule, consideration must be given to the seriousness of the
6931	deficiencies and the ability of the board to obtain the
6932	necessary funds; or
6933	(b)  After 30 calendar days' notice to the board, order all
6934	or a portion of the educational or ancillary plant withdrawn
6935	from use until the deficiencies are corrected.
6936	(5)(4)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
6937	FACILITIES.--
6938	(a)  Firesafety inspections of community college and
6939	university facilities shall comply with State Board of Education
6940	rules.
6941	(b)  Firesafety inspections of state universities shall
6942	comply with rules of the Board of Governors.
6943	(6)(5)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
6944	failure of the board to take corrective action within the time
6945	designated in the plan of action to correct any firesafety
6946	deficiency noted under paragraph (2) (1)(c) or paragraph (3)
6947	(2)(c), the local fire official shall immediately report the
6948	deficiency to the State Fire Marshal, who shall have enforcement
6949	authority with respect to educational and ancillary plants and
6950	educational facilities as provided in chapter 633 for any other
6951	building or structure.
6952	(7)(6)  ADDITIONAL STANDARDS.--In addition to any other
6953	rules adopted under this section or s. 633.022, the State Fire
6954	Marshal in consultation with the Department of Education shall
6955	adopt and administer rules prescribing the following standards
6956	for the safety and health of occupants of educational and
6957	ancillary plants:
6958	(a)  The designation of serious life-safety hazards,
6959	including, but not limited to, nonfunctional fire alarm systems,
6960	nonfunctional fire sprinkler systems, doors with padlocks or
6961	other locks or devices that preclude egress at any time,
6962	inadequate exits, hazardous electrical system conditions,
6963	potential structural failure, and storage conditions that create
6964	a fire hazard.
6965	(b)  The proper placement of functional smoke and heat
6966	detectors and accessible, unexpired fire extinguishers.
6967	(c)  The maintenance of fire doors without doorstops or
6968	wedges improperly holding them open.
6969	(8)(7)  ANNUAL REPORT.--The State Fire Marshal shall
6970	publish an annual report to be filed with the substantive
6971	committees of the state House of Representatives and Senate
6972	having jurisdiction over education, the Commissioner of
6973	Education or his or her successor, the State Board of Education,
6974	the Board of Governors, and the Governor documenting the status
6975	of each board's firesafety program, including the improvement or
6976	lack thereof.
6977	Section 169.  Subsection (3) of section 1013.15, Florida
6978	Statutes, is amended to read:
6979	1013.15  Lease, rental, and lease-purchase of educational
6980	facilities and sites.--
6981	(3)  Lease or lease-purchase agreements entered into by
6982	university boards of trustees shall comply with the provisions
6983	of ss. s. 1013.171 and 1010.62.
6984	Section 170.  Subsection (3) is added to section 1013.16,
6985	Florida Statutes, to read:
6986	1013.16  Construction of facilities on leased property;
6987	conditions.--
6988	(3)  Leases executed by a university board of trustees
6989	pursuant to this section are subject to s. 1010.62.
6990	Section 171.  Section 1013.17, Florida Statutes, is amended
6991	to read:
6992	1013.17  University leasing in affiliated research and
6993	development park.--A university is exempt from the requirements
6994	of s. 255.25(3), (4), and (8) when leasing educational
6995	facilities in a research and development park with which the
6996	university is affiliated and when the Board of Governors State
6997	Board of Education certifies in writing that the leasing of such
6998	said educational facilities is in the best interests of the
6999	university and that the exemption from competitive bid
7000	requirements would not be detrimental to the state. Leases
7001	entered into pursuant to this section are subject to the
7002	provisions of s. 1010.62.
7003	Section 172.  Subsections (1) and (2) of section 1013.171,
7004	Florida Statutes, are amended, and subsection (6) is added to
7005	that section, to read:
7006	1013.171  University lease agreements; land, facilities.--
7007	(1)  Each university board of trustees is authorized to
7008	negotiate and enter into agreements to lease land under its
7009	jurisdiction to for-profit and nonprofit corporations,
7010	registered by the Secretary of State to do business in this
7011	state, for the purpose of erecting thereon facilities and
7012	accommodations necessary and desirable to serve the needs and
7013	purposes of the university, as determined by the systemwide
7014	strategic plan adopted by the Board of Governors State Board of
7015	Education. Such agreement will be for a term not in excess of 99
7016	years or the life expectancy of the permanent facilities
7017	constructed thereon, whichever is shorter, and shall include as
7018	a part of the consideration provisions for the eventual
7019	ownership of the completed facilities by the state. The Board of
7020	Trustees of the Internal Improvement Trust Fund upon request of
7021	the university board of trustees shall lease any such property
7022	to the university for sublease as heretofore provided.
7023	(2)  Each university board of trustees is authorized to
7024	enter into agreements with for-profit and nonprofit
7025	corporations, registered by the Secretary of State to do
7026	business in this state, whereby income-producing buildings,
7027	improvements, and facilities necessary and desirable to serve
7028	the needs and purposes of the university, as determined by the
7029	systemwide strategic plan adopted by the Board of Governors
7030	State Board of Education, are acquired by purchase or lease-
7031	purchase by the university. When such agreements provide for
7032	lease-purchase of facilities erected on land that is not under
7033	the jurisdiction of the university, the agreement shall include
7034	as a part of the consideration provisions for the eventual
7035	ownership of the land and facility by the state. Agreements for
7036	lease-purchase shall not exceed 30 years or the life expectancy
7037	of the permanent facility constructed, whichever is shorter.
7038	Notwithstanding the provisions of any other law, The university
7039	board of trustees may enter into an agreement for the lease-
7040	purchase of a facility under this section for a term greater
7041	than 1 year. Each university board of trustees is authorized to
7042	use any auxiliary trust funds, available and not otherwise
7043	obligated, to pay rent to the owner should income from the
7044	facilities not be sufficient in any debt payment period. The
7045	trust funds used for payment of rent shall be reimbursed as soon
7046	as possible to the extent that income from the facilities
7047	exceeds the amount necessary for such debt payment.
7048	(6)  Agreements entered into pursuant to this section are
7049	subject to the provisions of s. 1010.62.
7050	Section 173.  Section 1013.19, Florida Statutes, is amended
7051	to read:
7052	1013.19  Purchase, conveyance, or encumbrance of property
7053	interests above surface of land; joint-occupancy
7054	structures.--For the purpose of implementing jointly financed
7055	construction project agreements, or for the construction of
7056	combined occupancy structures, any board may purchase, own,
7057	convey, sell, lease, or encumber airspace or any other interests
7058	in property above the surface of the land, provided the lease of
7059	airspace for nonpublic use is for such reasonable rent, length
7060	of term, and conditions as the board in its discretion may
7061	determine. All proceeds from such sale or lease shall be used by
7062	the board or boards receiving the proceeds solely for fixed
7063	capital outlay purposes. These purposes may include the
7064	renovation or remodeling of existing facilities owned by the
7065	board or the construction of new facilities; however, for a
7066	community college board or university board, such new facility
7067	must be authorized by the Legislature. It is declared that the
7068	use of such rental by the board for public purposes in
7069	accordance with its statutory authority is a public use.
7070	Airspace or any other interest in property held by the Board of
7071	Trustees of the Internal Improvement Trust Fund or the State
7072	Board of Education may not be divested or conveyed without
7073	approval of the respective board. Any building, including any
7074	building or facility component that is common to both nonpublic
7075	and educational portions thereof, constructed in airspace that
7076	is sold or leased for nonpublic use pursuant to this section is
7077	subject to all applicable state, county, and municipal
7078	regulations pertaining to land use, zoning, construction of
7079	buildings, fire protection, health, and safety to the same
7080	extent and in the same manner as such regulations would be
7081	applicable to the construction of a building for nonpublic use
7082	on the appurtenant land beneath the subject airspace. Any
7083	educational facility constructed or leased as a part of a joint-
7084	occupancy facility is subject to all rules and requirements of
7085	the respective boards or departments having jurisdiction over
7086	educational facilities. Any contract executed by a university
7087	board of trustees pursuant to this section is subject to the
7088	provisions of s. 1010.62.
7089	Section 174.  Section 1013.25, Florida Statutes, is amended
7090	to read:
7091	1013.25  When university or community college board of
7092	trustees may exercise power of eminent domain.--Whenever it
7093	becomes necessary for the welfare and convenience of any of its
7094	institutions or divisions to acquire private property for the
7095	use of such institutions, and this cannot be acquired by
7096	agreement satisfactory to a university or community college
7097	board of trustees and the parties interested in, or the owners
7098	of, the private property, the board of trustees may exercise the
7099	power of eminent domain after receiving approval therefor from
7100	the Administration Commission State Board of Education and may
7101	then proceed to condemn the property in the manner provided by
7102	chapter 73 or chapter 74.
7103	Section 175.  Section 1013.28, Florida Statutes, is amended
7104	to read:
7105	1013.28  Disposal of property.--
7106	(1)  REAL PROPERTY.--
7107	(a)  Subject to rules of the State Board of Education, a
7108	district school board, the Board of Trustees for the Florida
7109	School for the Deaf and the Blind, or a community college board
7110	of trustees may dispose of any land or real property to which
7111	the board holds title which that is, by resolution of the board,
7112	determined to be unnecessary for educational purposes as
7113	recommended in an educational plant survey. A district school
7114	board, the Board of Trustees for the Florida School for the Deaf
7115	and the Blind, or a community college board of trustees shall
7116	take diligent measures to dispose of educational property only
7117	in the best interests of the public. However, appraisals may be
7118	obtained by the district school board, the Board of Trustees for
7119	the Florida School for the Deaf and the Blind, or the community
7120	college board of trustees prior to or simultaneously with the
7121	receipt of bids.
7122	(b)  Subject to rules of the Board of Governors, a state
7123	university board of trustees may dispose of any land or real
7124	property to which it holds valid title which is, by resolution
7125	of the state university board of trustees, determined to be
7126	unnecessary for educational purposes as recommended in an
7127	educational plant survey. A state university board of trustees
7128	shall take diligent measures to dispose of educational property
7129	only in the best interests of the public. However, appraisals
7130	may be obtained by the state university board of trustees prior
7131	to or simultaneously with the receipt of bids.
7132	(2)  TANGIBLE PERSONAL PROPERTY.--
7133	(a)  Tangible personal property that which has been
7134	properly classified as surplus by a district school board or
7135	community college board of trustees shall be disposed of in
7136	accordance with the procedure established by chapter 274 and by
7137	a university board of trustees by chapter 273. However, the
7138	provisions of chapter 274 shall not be applicable to a motor
7139	vehicle used in driver education to which title is obtained for
7140	a token amount from an automobile dealer or manufacturer. In
7141	such cases, the disposal of the vehicle shall be as prescribed
7142	in the contractual agreement between the automotive agency or
7143	manufacturer and the board.
7144	(b)  Tangible personal property that has been properly
7145	classified as surplus by a state university board of trustees
7146	shall be disposed of in accordance with the procedure
7147	established by chapter 273.
7148	Section 176.  Section 1013.31, Florida Statutes, is amended
7149	to read:
7150	1013.31  Educational plant survey; localized need
7151	assessment; PECO project funding.--
7152	(1)  At least every 5 years, each board shall arrange for
7153	an educational plant survey, to aid in formulating plans for
7154	housing the educational program and student population, faculty,
7155	administrators, staff, and auxiliary and ancillary services of
7156	the district or campus, including consideration of the local
7157	comprehensive plan. The Department of Education Office of
7158	Workforce and Economic Development shall document the need for
7159	additional career and adult education programs and the
7160	continuation of existing programs before facility construction
7161	or renovation related to career or adult education may be
7162	included in the educational plant survey of a school district or
7163	community college that delivers career or adult education
7164	programs. Information used by the Department of Education Office
7165	of Workforce and Economic Development to establish facility
7166	needs must include, but need not be limited to, labor market
7167	data, needs analysis, and information submitted by the school
7168	district or community college.
7169	(a)  Survey preparation and required data.--Each survey
7170	shall be conducted by the board or an agency employed by the
7171	board. Surveys shall be reviewed and approved by the board, and
7172	a file copy shall be submitted to the Department of Education or
7173	to the Chancellor of the State University System, as appropriate
7174	Office of Educational Facilities and SMART Schools Clearinghouse
7175	within the Office of the Commissioner of Education. The survey
7176	report shall include at least an inventory of existing
7177	educational and ancillary plants, including safe access
7178	facilities; recommendations for existing educational and
7179	ancillary plants; recommendations for new educational or
7180	ancillary plants, including the general location of each in
7181	coordination with the land use plan and safe access facilities;
7182	campus master plan update and detail for community colleges; the
7183	utilization of school plants based on an extended school day or
7184	year-round operation; and such other information as may be
7185	required by the Department of Education rules of the State Board
7186	of Education. This report may be amended, if conditions warrant,
7187	at the request of the department board or commissioner.
7188	(b)  Required need assessment criteria for district,
7189	community college, college and state university, and Florida
7190	School for the Deaf and the Blind plant surveys.--Educational
7191	plant surveys must use uniform data sources and criteria
7192	specified in this paragraph. Each revised educational plant
7193	survey and each new educational plant survey supersedes previous
7194	surveys.
7195	1.  The school district's survey must be submitted as a
7196	part of the district educational facilities plan defined in s.
7197	1013.35. To ensure that the data reported to the Department of
7198	Education as required by this section is correct, the department
7199	shall annually conduct an onsite review of 5 percent of the
7200	facilities reported for each school district completing a new
7201	survey that year. If the department's review finds the data
7202	reported by a district is less than 95 percent accurate, within
7203	1 year from the time of notification by the department the
7204	district must submit revised reports correcting its data. If a
7205	district fails to correct its reports, the commissioner may
7206	direct that future fixed capital outlay funds be withheld until
7207	such time as the district has corrected its reports so that they
7208	are not less than 95 percent accurate.
7209	2.  Each survey of a special facility, joint-use facility,
7210	or cooperative career education facility must be based on
7211	capital outlay full-time equivalent student enrollment data
7212	prepared by the department for school districts and, community
7213	colleges, colleges, and by the Chancellor of the State
7214	University System for universities. A survey of space needs of a
7215	joint-use facility shall be based upon the respective space
7216	needs of the school districts, community colleges, colleges, and
7217	universities, as appropriate. Projections of a school district's
7218	facility space needs may not exceed the norm space and occupant
7219	design criteria established by the State Requirements for
7220	Educational Facilities.
7221	3.  Each community college's survey must reflect the
7222	capacity of existing facilities as specified in the inventory
7223	maintained by the Department of Education. Projections of
7224	facility space needs must comply with standards for determining
7225	space needs as specified by rule of the State Board of
7226	Education. The 5-year projection of capital outlay student
7227	enrollment must be consistent with the annual report of capital
7228	outlay full-time student enrollment prepared by the Department
7229	of Education.
7230	4.  Each college and state university's survey must reflect
7231	the capacity of existing facilities as specified in the
7232	inventory maintained and validated by the Chancellor of the
7233	State University System Division of Colleges and Universities.
7234	Projections of facility space needs must be consistent with
7235	standards for determining space needs as specified by rule of
7236	approved by the Board of Governors Division of Colleges and
7237	Universities. The projected capital outlay full-time equivalent
7238	student enrollment must be consistent with the 5-year planned
7239	enrollment cycle for the State University System approved by the
7240	Board of Governors Division of Colleges and Universities.
7241	5.  The district educational facilities plan of a school
7242	district and the educational plant survey of a community
7243	college, college or state university, or the Florida School for
7244	the Deaf and the Blind may include space needs that deviate from
7245	approved standards for determining space needs if the deviation
7246	is justified by the district or institution and approved by the
7247	department or the Board of Governors, as appropriate, as
7248	necessary for the delivery of an approved educational program.
7249	(c)  Review and validation.--The Department of Education
7250	Office of Educational Facilities and SMART Schools Clearinghouse
7251	shall review and validate the surveys of school districts and,
7252	community colleges, and colleges and the Chancellor of the State
7253	University System shall review and validate the surveys of
7254	universities, and any amendments thereto, for compliance with
7255	the requirements of this chapter and shall recommend those in
7256	compliance for approval by the State Board of Education or the
7257	Board of Governors, as appropriate. Annually, the department
7258	shall perform an in-depth analysis of a representative sample of
7259	each survey of recommended needs for five districts selected by
7260	the commissioner from among districts with the largest need-to-
7261	revenue ratio. For the purpose of this subsection, the need-to-
7262	revenue ratio is determined by dividing the total 5-year cost of
7263	projects listed on the district survey by the total 5-year fixed
7264	capital outlay revenue projections from state and local sources
7265	as determined by the department. The commissioner may direct
7266	fixed capital outlay funds to be withheld from districts until
7267	such time as the survey accurately projects facilities needs.
7268	(d)  Periodic update of Florida Inventory of School
7269	Houses.--School districts shall periodically update their
7270	inventory of educational facilities as new capacity becomes
7271	available and as unsatisfactory space is eliminated. The State
7272	Board of Education shall adopt rules to determine the time frame
7273	in which districts must provide a periodic update.
7274	(2)  Only the district school superintendent, community
7275	college president, or the university president shall certify to
7276	the Department of Education Office of Educational Facilities and
7277	SMART Schools Clearinghouse a project's compliance with the
7278	requirements for expenditure of PECO funds prior to release of
7279	funds.
7280	(a)  Upon request for release of PECO funds for planning
7281	purposes, certification must be made to the Department of
7282	Education Office of Educational Facilities and SMART Schools
7283	Clearinghouse that the need for and location of the facility are
7284	in compliance with the board-approved survey recommendations,
7285	that the project meets the definition of a PECO project and the
7286	limiting criteria for expenditures of PECO funding, and that the
7287	plan is consistent with the local government comprehensive plan.
7288	(b)  Upon request for release of construction funds,
7289	certification must be made to the Department of Education Office
7290	of Educational Facilities and SMART Schools Clearinghouse that
7291	the need and location of the facility are in compliance with the
7292	board-approved survey recommendations, that the project meets
7293	the definition of a PECO project and the limiting criteria for
7294	expenditures of PECO funding, and that the construction
7295	documents meet the requirements of the Florida Building Code for
7296	educational facilities construction or other applicable codes as
7297	authorized in this chapter.
7298	Section 177.  Subsection (2) of section 1013.46, Florida
7299	Statutes, is amended to read:
7300	1013.46  Advertising and awarding contracts;
7301	prequalification of contractor.--
7302	(2)  Boards shall prequalify bidders for construction
7303	contracts according to rules prescribed by the State Board of
7304	Education which require the prequalification of bidders of
7305	educational facilities construction. Boards shall require that
7306	all construction or capital improvement bids be accompanied by
7307	evidence that the bidder holds an appropriate certificate or
7308	license or that the prime contractor has a current valid
7309	license.
7310	Section 178.  Section 1013.47, Florida Statutes, is amended
7311	to read:
7312	1013.47  Substance of contract; contractors to give bond;
7313	penalties.--Each board shall develop contracts consistent with
7314	this chapter and statutes governing public facilities. Such a
7315	contract must contain the drawings and specifications of the
7316	work to be done and the material to be furnished, the time limit
7317	in which the construction is to be completed, the time and
7318	method by which payments are to be made upon the contract, and
7319	the penalty to be paid by the contractor for any failure to
7320	comply with the terms of the contract. The board may require the
7321	contractor to pay a penalty for any failure to comply with the
7322	terms of the contract and may provide an incentive for early
7323	completion. Upon accepting a satisfactory bid, the board shall
7324	enter into a contract with the party or parties whose bid has
7325	been accepted. The contractor shall furnish the board with a
7326	performance and payment bond as set forth in s. 255.05. A board
7327	or other public entity may not require a contractor to secure a
7328	surety bond under s. 255.05 from a specific agent or bonding
7329	company. Notwithstanding any other provision of this section, if
7330	25 percent or more of the costs of any construction project is
7331	paid out of a trust fund established pursuant to 31 U.S.C. s.
7332	1243(a)(1), laborers and mechanics employed by contractors or
7333	subcontractors on such construction will be paid wages not less
7334	than those prevailing on similar construction projects in the
7335	locality, as determined by the Secretary of Labor in accordance
7336	with the Davis-Bacon Act, as amended. A person, firm, or
7337	corporation that constructs any part of any educational plant,
7338	or addition thereto, on the basis of any unapproved plans or in
7339	violation of any plans approved in accordance with the
7340	provisions of this chapter and rules of the State Board of
7341	Education or the Board of Governors relating to building
7342	standards or specifications is subject to forfeiture of bond and
7343	unpaid compensation in an amount sufficient to reimburse the
7344	board for any costs that will need to be incurred in making any
7345	changes necessary to assure that all requirements are met and is
7346	also guilty of a misdemeanor of the second degree, punishable as
7347	provided in s. 775.082 or s. 775.083, for each separate
7348	violation.
7349	Section 179.  Paragraphs (a), (c), and (d) of subsection
7350	(1) and subsections (2) and (3) of section 1013.52, Florida
7351	Statutes, are amended to read:
7352	1013.52  Cooperative development and joint use of
7353	facilities by two or more boards.--
7354	(1)  Two or more boards, including district school boards,
7355	community college boards of trustees, the Board of Trustees for
7356	the Florida School for the Deaf and the Blind, and university
7357	boards of trustees, desiring to cooperatively establish a common
7358	educational facility to accommodate students shall:
7359	(a)  Jointly request a formal assessment by the
7360	Commissioner of Education or the Chancellor of the State
7361	University System, as appropriate, of the academic program need
7362	and the need to build new joint-use facilities to house approved
7363	programs. Completion of the assessment and approval of the
7364	project by the State Board of Education, the Board of Governors,
7365	the Chancellor of the State University System, or the
7366	Commissioner of Education, as appropriate, should be done prior
7367	to conducting an educational facilities survey.
7368	(c)  Adopt and submit to the Commissioner of Education, and
7369	the Chancellor of the State University System if the joint
7370	request involves a state university, a joint resolution of the
7371	participating boards indicating their commitment to the
7372	utilization of the requested facility and designating the locale
7373	of the proposed facility. The joint resolution shall contain a
7374	statement of determination by the participating boards that
7375	alternate options, including the use of leased, rented, or
7376	borrowed space, were considered and found less appropriate than
7377	construction of the proposed facility. The joint resolution
7378	shall contain assurance that the development of the proposed
7379	facility has been examined in conjunction with the programs
7380	offered by neighboring public educational facilities offering
7381	instruction at the same level. The joint resolution also shall
7382	contain assurance that each participating board shall provide
7383	for continuity of educational progression. All joint resolutions
7384	shall be submitted to the commissioner by August 1 for
7385	consideration of funding by the subsequent Legislature.
7386	(d)  Submit requests for funding of joint-use facilities
7387	projects involving state universities and community colleges for
7388	approval by the Commissioner of Education and the Chancellor of
7389	the State University System. The Commissioner of Education and
7390	the Chancellor of the State University System shall jointly
7391	determine the priority for funding these projects in relation to
7392	the priority of all other capital outlay projects under their
7393	consideration. To be eligible for funding from the Public
7394	Education Capital Outlay and Debt Service Trust Fund under the
7395	provisions of this section, projects involving both state
7396	universities and community colleges shall appear on the 3-year
7397	capital outlay priority lists of community colleges and of
7398	universities required by s. 1013.64. Projects involving a state
7399	university, community college, and a public school, and in which
7400	the larger share of the proposed facility is for the use of the
7401	state university or the community college, shall appear on the
7402	3-year capital outlay priority lists of the community colleges
7403	or of the universities, as applicable.
7404	(2)  An educational plant survey must be conducted within
7405	90 days after submission of the joint resolution and
7406	substantiating data describing the benefits to be obtained, the
7407	programs to be offered, and the estimated cost of the proposed
7408	project. Upon completion of the educational plant survey, the
7409	participating boards may include the recommended projects in
7410	their plan as provided in s. 1013.31. Upon approval of the
7411	project by the commissioner or the Chancellor of the State
7412	University System, as appropriate, 25 percent of the total cost
7413	of the project, or the pro rata share based on space utilization
7414	of 25 percent of the cost, must be included in the department's
7415	legislative capital outlay budget request as provided in s.
7416	1013.60 for educational plants. The participating boards must
7417	include in their joint resolution a commitment to finance the
7418	remaining funds necessary to complete the planning,
7419	construction, and equipping of the facility. Funds from the
7420	Public Education Capital Outlay and Debt Service Trust Fund may
7421	not be expended on any project unless specifically authorized by
7422	the Legislature.
7423	(3)  Included in all proposals for joint-use facilities
7424	must be documentation that the proposed new campus or new joint-
7425	use facility has been reviewed by the State Board of Education
7426	or the Board of Governors, as appropriate, and has been formally
7427	requested for authorization by the Legislature.
7428	Section 180.  Subsection (2) of section 1013.60, Florida
7429	Statutes, is amended to read:
7430	1013.60  Legislative capital outlay budget request.--
7431	(2)  The commissioner shall submit to the Governor and to
7432	the Legislature an integrated, comprehensive budget request for
7433	educational facilities construction and fixed capital outlay
7434	needs for school districts, community colleges, and
7435	universities, pursuant to the provisions of s. 1013.64 and
7436	applicable provisions of chapter 216. Each community college
7437	board of trustees and each university board of trustees shall
7438	submit to the commissioner a 3-year plan and data required in
7439	the development of the annual capital outlay budget. The
7440	information approved by the Board of Governors must be submitted
7441	to the Commissioner of Education for inclusion in the
7442	comprehensive budget request for educational facilities. No
7443	further disbursements shall be made from the Public Education
7444	Capital Outlay and Debt Service Trust Fund to a board of
7445	trustees that fails to timely submit the required data until
7446	such board of trustees submits the data.
7447	Section 181.  Paragraph (a) of subsection (4) of section
7448	1013.64, Florida Statutes, is amended to read:
7449	1013.64  Funds for comprehensive educational plant needs;
7450	construction cost maximums for school district capital
7451	projects.--Allocations from the Public Education Capital Outlay
7452	and Debt Service Trust Fund to the various boards for capital
7453	outlay projects shall be determined as follows:
7454	(4)(a)  Community college boards of trustees and university
7455	boards of trustees shall receive funds for projects based on a
7456	3-year priority list, to be updated annually, which is submitted
7457	to the Legislature in the legislative budget request at least 90
7458	days prior to the legislative session. The State Board of
7459	Education shall submit a 3-year priority list for community
7460	colleges and the Board of Governors shall submit a 3-year
7461	priority list for universities. The lists shall reflect
7462	decisions by the State Board of Education for community colleges
7463	and the Board of Governors for state universities concerning
7464	program priorities that implement the statewide plan for program
7465	growth and quality improvement in education. No remodeling or
7466	renovation project shall be included on the 3-year priority list
7467	unless the project has been recommended pursuant to s. 1013.31
7468	or is for the purpose of correcting health and safety
7469	deficiencies. No new construction project shall be included on
7470	the first year of the 3-year priority list unless the
7471	educational specifications have been approved by the
7472	commissioner for a community college project or by the Board of
7473	Governors for a university project, as applicable. The funds
7474	requested for a new construction project in the first year of
7475	the 3-year priority list shall be in conformance with the scope
7476	of the project as defined in the educational specifications. Any
7477	new construction project requested in the first year of the 3-
7478	year priority list which is not funded by the Legislature shall
7479	be carried forward to be listed first in developing the updated
7480	3-year priority list for the subsequent year's capital outlay
7481	budget. Should the order of the priority of the projects change
7482	from year to year, a justification for such change shall be
7483	included with the updated priority list.
7484	Section 182.  Subsection (1) of section 1013.65, Florida
7485	Statutes, is amended to read:
7486	1013.65  Educational and ancillary plant construction
7487	funds; Public Education Capital Outlay and Debt Service Trust
7488	Fund; allocation of funds.--
7489	(1)  The commissioner, through the department, shall
7490	administer the Public Education Capital Outlay and Debt Service
7491	Trust Fund. The commissioner shall allocate or reallocate funds
7492	as authorized by the Legislature. Copies of each allocation or
7493	reallocation shall be provided to members of the State Board of
7494	Education and the Board of Governors and to the chairs of the
7495	House of Representatives and Senate appropriations committees.
7496	The commissioner shall provide for timely encumbrances of funds
7497	for duly authorized projects. Encumbrances may include proceeds
7498	to be received under a resolution approved by the State Board of
7499	Education authorizing the issuance of public education capital
7500	outlay bonds pursuant to s. 9(a)(2), Art. XII of the State
7501	Constitution, s. 215.61, and other applicable law. The
7502	commissioner shall provide for the timely disbursement of moneys
7503	necessary to meet the encumbrance authorizations of the boards.
7504	Records shall be maintained by the department to identify
7505	legislative appropriations, allocations, encumbrance
7506	authorizations, disbursements, transfers, investments, sinking
7507	funds, and revenue receipts by source. The Department of
7508	Education shall pay the administrative costs of the Public
7509	Education Capital Outlay and Debt Service Trust Fund from the
7510	funds which comprise the trust fund.
7511	Section 183.  Paragraph (c) of subsection (2) and
7512	subsection (3) of section 1013.74, Florida Statutes, are
7513	amended, and subsection (5) is added to that section, to read:
7514	1013.74  University authorization for fixed capital outlay
7515	projects.--
7516	(2)  The following types of projects may be accomplished
7517	pursuant to this section:
7518	(c)  Construction of projects financed as provided in s.
7519	1010.62 ss. 1010.60-1010.619 or 1013.71;
7520	(3)  Other than those projects currently authorized, no
7521	project proposed by a university which is to be funded from
7522	Capital Improvement Trust Fund fees or building fees shall be
7523	submitted to the Board of Governors State Board of Education for
7524	approval without prior consultation with the student government
7525	association of that university. The Board of Governors may adopt
7526	State Board of Education shall promulgate rules which are
7527	consistent with this requirement.
7528	(5)  Projects accomplished pursuant to this section are
7529	subject to the requirements of s. 1010.62.
7530	Section 184.  Subsection (2) of section 1013.78, Florida
7531	Statutes, is amended to read:
7532	1013.78  Approval required for certain university-related
7533	facility acquisitions.--
7534	(2)  Legislative approval shall not be required for
7535	renovations, remodeling, replacement of existing facilities, or
7536	construction of minor projects as defined in s. 1013.64, except
7537	to the extent required pursuant to s. 1010.62.
7538	Section 185.  Sections 186.805 and 1004.54, Florida
7539	Statutes, are repealed. It is the intent of the Legislature that
7540	the repeal of ss. 186.805 and 1004.54, Florida Statutes, by this
7541	act is to remove existing statutory authorization that is no
7542	longer necessary for the establishment, operation, or
7543	maintenance of the entities that were established, operated, or
7544	regulated under those provisions and does not affect the
7545	authority of a state university or the Board of Governors of the
7546	State University System under s. 7, Art. IX of the State
7547	Constitution and s. 1001.705, Florida Statutes, to continue such
7548	entities and their operation and regulation in accordance with
7549	that authority.
7550	Section 186.  Sections 741.03055, 741.03056, 1001.75,
7551	1007.261, 1007.31, 1007.32, 1008.51, 1011.4105, 1012.92,
7552	1012.94, and 1012.95, Florida Statutes, are repealed.
7553	Section 187.  This act shall take effect July 1, 2007.

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