CS/HB 7151

1	A bill to be entitled
2	An act relating to postsecondary education; amending s.
3	467.009, F.S.; deleting a reference to the College-Level
4	Academic Skills Test (CLAST); amending s. 705.18, F.S.;
5	revising provisions relating to the disposal of personal
6	property lost or abandoned on public postsecondary
7	institution campuses; providing requirements for
8	notification, disposal, and use or disposition of proceeds
9	from the sale of lost or abandoned bicycles and bicycle
10	safety equipment; repealing s. 1007.07, F.S., relating to
11	the Florida Business and Education Collaborative; amending
12	s. 1001.64, F.S.; requiring a Florida College System
13	institution board of trustees to ask the Commissioner of
14	Education to authorize an investigation of the college
15	president by the Department of Education's inspector
16	general in specified circumstances; requiring a report and
17	recommendations; requiring the inspector general to refer
18	potential legal violations to the Commission on Ethics,
19	the Department of Law Enforcement, the Attorney General,
20	or another appropriate authority; amending s. 1004.015,
21	F.S.; requiring the Higher Education Coordinating Council
22	to make recommendations and submit a report relating to
23	core missions of postsecondary education institutions,
24	performance outputs and outcomes, articulation policies,
25	workforce development education, and baccalaureate degree
26	authorization; amending s. 1004.04, F.S.; deleting a
27	reference to the CLAST; amending s. 1004.68, F.S.;
28	deleting provisions relating to the use of test scores for
29	assessment of college-level communication and computation
30	skills; amending s. 1007.01, F.S.; providing legislative
31	intent and requirements relating to articulation;
32	requiring the establishment of the Articulation
33	Coordinating Committee and providing its responsibilities;
34	amending s. 1007.25, F.S.; deleting provisions that
35	require an examination or demonstration of remediation of
36	academic deficiencies to obtain a postsecondary degree;
37	amending ss. 1007.264 and 1007.265, F.S.; deleting
38	provisions that exclude students with intellectual
39	disabilities from eligibility for substitute requirements
40	for admission to or graduation from a public postsecondary
41	education institution; amending s. 1007.27, F.S.;
42	requiring the Department of Education to use student
43	performance data to determine appropriate credit-by-
44	examination scores and courses; deleting an exemption from
45	summer-term enrollment in a public postsecondary education
46	institution for students earning accelerated credit;
47	amending s. 1007.33, F.S.; deleting an exemption from
48	provisions governing the approval process for
49	baccalaureate degrees; amending s. 1008.30, F.S., relating
50	to common placement testing for public postsecondary
51	education; deleting a reference to the CLAST; requiring
52	rules for remediation opportunities, retesting policies,
53	and academic competencies; requiring that students be
54	advised of academic requirements, financial aid
55	eligibility, and certain costs; amending s. 1008.345,
56	F.S.; deleting Department of Education duties relating to
57	tests and assessment procedures that measure student
58	achievement of college-level communication and computation
59	skills; amending s. 1008.38, F.S.; revising and conforming
60	provisions relating to the articulation accountability
61	process; amending s. 1009.534, F.S.; revising provisions
62	relating to approval of community service work for
63	eligibility for the Florida Academic Scholars award;
64	amending ss. 267.062, 1004.23, 1010.03, 1010.04, 1010.07,
65	and 1013.171, F.S.; replacing references to university
66	rules with university regulations; conforming provisions;
67	amending s. 1013.33, F.S.; conforming provisions;
68	repealing s. 1013.63, F.S., relating to the University
69	Concurrency Trust Fund; providing an effective date.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1.  Subsection (3) of section 467.009, Florida
74	Statutes, is amended to read:
75	467.009  Midwifery programs; education and training
76	requirements.-
77	(3)  To be accepted into an approved midwifery program, an
78	applicant shall have:
79	(a)  A high school diploma or its equivalent.
80	(b)  Passed the college level academic scholastic test
81	(CLAST) or Taken three college-level credits each of math and
82	English or demonstrated competencies in communication and
83	computation.
84	Section 2.  Section 705.18, Florida Statutes, is amended to
85	read:
86	705.18  Disposal of personal property lost or abandoned on
87	state university or Florida College System institution community
88	college campuses; disposition of proceeds from sale.-
89	(1)  Whenever any lost or abandoned personal property,
90	except for lost or abandoned bicycles and bicycle safety
91	equipment, shall be found on a campus of an institution in the
92	State University System or the Florida College System a campus
93	of a state-supported community college, the president of the
94	institution or the president's designee shall take charge of the
95	property and make a record of the date such property was found.
96	If, within 30 days after such property is found, or a longer
97	period of time as may be deemed appropriate by the president or
98	designee under the circumstances, the property is not claimed by
99	the owner, the president or designee shall order it sold at
100	public outcry after giving notice of the time and place of sale
101	in a publication of general circulation on the campus of such
102	institution or by electronic posting on a clearly marked area of
103	the institution's Internet website and written notice to the
104	owner if known. The rightful owner of such property may reclaim
105	the same at any time prior to sale.
106	(2)  All moneys realized from such institution's sale shall
107	be placed in an appropriate fund and used solely for student
108	scholarship and loan purposes.
109	(3)  Whenever any lost or abandoned bicycles and bicycle
110	safety equipment shall be found on a campus of an institution in
111	the State University System or the Florida College System, the
112	president of the institution or the president's designee shall
113	take charge of the property and make a record of the date such
114	property was found. The president or designee shall publish
115	notification of lost or abandoned bicycles and bicycle safety
116	equipment in a manner to provide the most effective notice to
117	students, faculty, and staff of the institution, whether through
118	a publication of general circulation on the campus or by
119	electronic posting on a clearly marked area of the institution's
120	Internet website. If the owner of the property is known, written
121	notice to the owner shall be provided to the last known physical
122	or electronic address. If the property is not claimed by the
123	owner within 30 days after the publication, posting, or written
124	notification, the property may be retained by the institution
125	and made available for university transit-oriented initiatives
126	or sold pursuant to subsection (1) with the proceeds disposed of
127	pursuant to subsection (2).
128	Section 3.  Section 1000.07, Florida Statutes, is repealed.
129	Section 4.  Subsection (3) of section 1001.64, Florida
130	Statutes, is amended to read:
131	1001.64  Community college boards of trustees; powers and
132	duties.-
133	(3)  A board of trustees shall have the power to take
134	action without a recommendation from the president and shall
135	have the power to require the president to deliver to the board
136	of trustees all data and information required by the board of
137	trustees in the performance of its duties. A board of trustees
138	shall ask the Commissioner of Education to authorize an
139	investigation of the president's actions by the department's
140	inspector general if the board considers such investigation
141	necessary. The inspector general shall provide a report
142	detailing each issue under investigation and shall recommend
143	corrective action. If the inspector general identifies potential
144	legal violations, he or she shall refer the potential legal
145	violations to the Commission on Ethics, the Department of Law
146	Enforcement, the Attorney General, or another appropriate
147	authority.
148	Section 5.  Subsection (4) of section 1004.015, Florida
149	Statutes, is renumbered as subsection (6) and amended, and new
150	subsections (4) and (5) are added to that section, to read:
151	1004.015  Higher Education Coordinating Council.-
152	(4)  The council shall make detailed recommendations
153	relating to:
154	(a)  The primary core mission of public and nonpublic
155	postsecondary education institutions in the context of state
156	access demands and economic development goals.
157	(b)  Performance outputs and outcomes designed to meet
158	annual and long-term state goals, including, but not limited to,
159	increased student access, preparedness, retention, transfer, and
160	completion. Performance measures must be consistent across
161	sectors and allow for a comparison of the state's performance to
162	that of other states.
163	(c)  The state's articulation policies and practices to
164	ensure that cost benefits to the state are maximized without
165	jeopardizing quality. The recommendation shall consider return
166	on investment for both the state and students and propose
167	systems to facilitate and ensure institutional compliance with
168	state articulation policies.
169	(d)  A plan for workforce development education that
170	addresses:
171	1.  The alignment of school district and Florida College
172	System workforce development education programs to ensure cost
173	efficiency and mission delineation, including an examination of
174	the need for both college credit and noncollege credit
175	certificate programs, an evaluation of the merit of retaining
176	the associate in applied science degree, and the consolidation
177	of adult general education programs within school districts.
178	2.  The consistency of workforce education data collected
179	and reported by Florida College System institutions and school
180	districts, including the establishment of common elements and
181	definitions for any data that is used for state and federal
182	funding and program accountability.
183	(e)  Baccalaureate degree authorization and production,
184	which shall include the following:
185	1.  An assessment of the potential need to establish
186	comprehensive undergraduate institutions that would primarily
187	focus on the delivery of undergraduate instruction, including
188	offering baccalaureate degrees. Such institutions may include
189	Florida College System institutions, state universities, and
190	university branch campuses. The assessment must include
191	accountability options and address local and regional workforce
192	needs and gaps that might result from an institution's shift in
193	primary mission.
194	2.  Recommendations related to appropriate student
195	enrollment and institutional expenditure thresholds for upper-
196	division programs that justify legislative consideration in
197	order to establish or reestablish an institution under the
198	oversight of the State Board of Education, the Board of
199	Governors, or another statutorily established or created
200	governing or coordinating organization.
201	3.  Recommendations related to funding options and
202	strategies, student tuition and fees, student financial aid
203	funding, and other strategies to encourage performance-based
204	funding.
205	(5)  The council shall submit a report outlining its
206	detailed recommendations to the Governor, the President of the
207	Senate, the Speaker of the House of Representatives, the Board
208	of Governors, and the State Board of Education by December 31,
209	2011, which specifically includes recommendations for
210	consideration by the Legislature for implementation in the 2012-
211	2013 fiscal year.
212	(6)(4)  The Board of Governors and the Department of
213	Education shall provide administrative support for the council.
214	Section 6.  Paragraph (b) of subsection (4) of section
215	1004.04, Florida Statutes, is amended to read:
216	1004.04  Public accountability and state approval for
217	teacher preparation programs.-
218	(4)  INITIAL STATE PROGRAM APPROVAL.-
219	(b)  Each teacher preparation program approved by the
220	Department of Education, as provided for by this section, shall
221	require students to meet the following as prerequisites for
222	admission into the program:
223	1.  Have a grade point average of at least 2.5 on a 4.0
224	scale for the general education component of undergraduate
225	studies or have completed the requirements for a baccalaureate
226	degree with a minimum grade point average of 2.5 on a 4.0 scale
227	from any college or university accredited by a regional
228	accrediting association as defined by State Board of Education
229	rule or any college or university otherwise approved pursuant to
230	State Board of Education rule.
231	2.  Demonstrate mastery of general knowledge, including the
232	ability to read, write, and compute, by passing the General
233	Knowledge Test of the Florida Teacher Certification Examination,
234	the College Level Academic Skills Test, a corresponding
235	component of the National Teachers Examination series, or a
236	similar test pursuant to rules of the State Board of Education.
237
238	Each teacher preparation program may waive these admissions
239	requirements for up to 10 percent of the students admitted.
240	Programs shall implement strategies to ensure that students
241	admitted under a waiver receive assistance to demonstrate
242	competencies to successfully meet requirements for
243	certification.
244	Section 7.  Section 1004.68, Florida Statutes, is amended
245	to read:
246	1004.68  Community college; degrees and certificates; tests
247	for certain skills.-
248	(1)  Each community college board of trustees shall adopt
249	rules establishing student performance standards for the award
250	of degrees and certificates.
251	(2)  Each community college board of trustees shall require
252	the use of scores on tests for college-level communication and
253	computation skills provided in s. 1008.345(7) as a condition for
254	graduation with an associate in arts degree.
255	Section 8.  Section 1007.01, Florida Statutes, is amended
256	to read:
257	1007.01  Articulation; legislative intent; purpose; role of
258	the State Board of Education and the Board of Governors;
259	Articulation Coordinating Committee.-
260	(1)  It is the intent of the Legislature to facilitate
261	articulation and seamless integration of the K-20 education
262	system by building, and sustaining, and strengthening
263	relationships among K-20 public organizations, between public
264	and private organizations, and between the education system as a
265	whole and Florida's communities. The purpose of building, and
266	sustaining, and strengthening these relationships is to provide
267	for the efficient and effective progression and transfer of
268	students within the education system and to allow students to
269	proceed toward their educational objectives as rapidly as their
270	circumstances permit. The Legislature further intends that
271	articulation policies and budget actions be implemented
272	consistently in the practices of the Department of Education and
273	postsecondary educational institutions and expressed in the
274	collaborative policy efforts of the State Board of Education and
275	the Board of Governors.
276	(2)  To improve and facilitate articulation systemwide, the
277	State Board of Education and the Board of Governors shall
278	collaboratively establish and adopt recommend policies and
279	guidelines to the Legislature with input from statewide K-20
280	advisory groups established by the Commissioner of Education and
281	the Chancellor of the State University System and shall
282	recommend the policies to the Legislature. The policies shall
283	relate relating to:
284	(a)  The alignment between the exit requirements of one
285	education system and the admissions requirements of another
286	education system into which students typically transfer.
287	(b)  The identification of common courses, the level of
288	courses, institutional participation in a statewide course
289	numbering system, and the transferability of credits among such
290	institutions.
291	(c)  Identification of courses that meet general education
292	or common degree program prerequisite requirements at public
293	postsecondary educational institutions.
294	(d)  Dual enrollment course equivalencies.
295	(e)  Articulation agreements.
296	(3)  The Commissioner of Education, in consultation with
297	the Chancellor of the State University System, shall establish
298	the Articulation Coordinating Committee which shall make
299	recommendations related to statewide articulation policies to
300	the Higher Education Coordination Council, the State Board of
301	Education, and the Board of Governors. The committee shall
302	consist of two members each representing the State University
303	System, the Florida College System, public career and technical
304	education, public K-12 education, and nonpublic education and
305	one member representing students. The chair shall be elected
306	from the membership. The committee shall:
307	(a)  Monitor the alignment between the exit requirements of
308	one education system and the admissions requirements of another
309	education system into which students typically transfer and make
310	recommendations for improvement.
311	(b)  Propose guidelines for interinstitutional agreements
312	between and among public schools, career and technical education
313	centers, Florida College System institutions, state
314	universities, and nonpublic postsecondary institutions.
315	(c)  Annually recommend dual enrollment course and high
316	school subject area equivalencies for approval by the State
317	Board of Education and the Board of Governors.
318	(d)  Annually review the statewide articulation agreement
319	pursuant to s. 1007.23 and make recommendations for revisions.
320	(e)  Annually review the statewide course numbering system,
321	the levels of courses, and the application of transfer credit
322	requirements among public and nonpublic institutions
323	participating in the statewide course numbering system and
324	identify instances of student transfer and admissions
325	difficulties.
326	(f)  Annually publish a list of courses that meet common
327	general education and common degree program prerequisite
328	requirements at public postsecondary institutions identified
329	pursuant to s. 1007.25.
330	(g)  Examine statewide data regarding articulation to
331	identify issues and make recommendations to improve articulation
332	throughout the K-20 education system.
333	(h)  Recommend roles and responsibilities of public
334	education entities in interfacing with the single, statewide
335	computer-assisted student advising system established pursuant
336	to s. 1007.28.
337	Section 9.  Subsection (12) of section 1007.25, Florida
338	Statutes, is amended to read:
339	1007.25  General education courses; common prerequisites;
340	and other degree requirements.-
341	(12)(a)  A public postsecondary educational institution may
342	not confer an associate in arts or baccalaureate degree upon any
343	student who fails to successfully complete one of the following
344	requirements:
345	1.  Achieve a score that meets or exceeds a minimum score
346	on a nationally standardized examination, as established by the
347	State Board of Education in conjunction with the Board of
348	Governors; or
349	2.  Demonstrate successful remediation of any academic
350	deficiencies and achieve a cumulative grade point average of 2.5
351	or above, on a 4.0 scale, in postsecondary-level coursework
352	identified by the State Board of Education in conjunction with
353	the Board of Governors. The Department of Education shall
354	specify the means by which a student may demonstrate successful
355	remediation.
356	(b)  Any student who, in the best professional opinion of
357	the postsecondary educational institution, has a specific
358	learning disability such that the student cannot demonstrate
359	successful mastery of one or more of the authorized examinations
360	but is achieving at the college level in every area despite his
361	or her disability, and whose diagnosis indicates that further
362	remediation will not succeed in overcoming the disability, may
363	appeal through the appropriate dean to a committee appointed by
364	the president or the chief academic officer for special
365	consideration. The committee shall examine the evidence of the
366	student's academic and medical records and may hear testimony
367	relevant to the case. The committee may grant a waiver for one
368	or more of the authorized examinations based on the results of
369	its review.
370	(c)  Each public postsecondary educational institution
371	president shall establish a committee to consider requests for
372	waivers from the requirements in paragraph (a). The committee
373	shall be chaired by the chief academic officer of the
374	institution and shall have four additional members appointed by
375	the president as follows:
376	1.  One faculty member from the mathematics department;
377	2.  One faculty member from the English department;
378	3.  The institutional test administrator; and
379	4.  One faculty member from a department other than English
380	or mathematics.
381	(d)  Any student who has taken the authorized examinations
382	and has not achieved a passing score, but has otherwise
383	demonstrated proficiency in coursework in the same subject area,
384	may request a waiver from the examination requirement. Waivers
385	shall be considered only after students have been provided test
386	accommodations or other administrative adjustments to permit the
387	accurate measurement of the student's proficiency in the subject
388	areas measured by the authorized examinations. The committee
389	shall consider the student's educational records and other
390	evidence as to whether the student should be able to pass the
391	authorized examinations. A waiver may be recommended to the
392	president upon a majority vote of the committee. The president
393	may approve or disapprove the recommendation. The president may
394	not approve a request that the committee has disapproved. If a
395	waiver is approved, the student's transcript shall include a
396	statement that the student did not meet the requirements of this
397	subsection and that a waiver was granted.
398	Section 10.  Subsection (1) of section 1007.264, Florida
399	Statutes, is amended to read:
400	1007.264  Persons with disabilities; admission to
401	postsecondary educational institutions; substitute requirements;
402	rules and regulations.-
403	(1)  Any student with a disability, as defined in s.
404	1007.02(2), who is otherwise eligible except those students who
405	have been documented as having intellectual disabilities, shall
406	be eligible for reasonable substitution for any requirement for
407	admission into a public postsecondary educational institution
408	where documentation can be provided that the person's failure to
409	meet the admission requirement is related to the disability.
410	Section 11.  Subsection (1) of section 1007.265, Florida
411	Statutes, is amended to read:
412	1007.265  Persons with disabilities; graduation, study
413	program admission, and upper-division entry; substitute
414	requirements; rules and regulations.-
415	(1)  Any student with a disability, as defined in s.
416	1007.02(2), in a public postsecondary educational institution,
417	except those students who have been documented as having
418	intellectual disabilities, shall be eligible for reasonable
419	substitution for any requirement for graduation, for admission
420	into a program of study, or for entry into the upper division
421	where documentation can be provided that the person's failure to
422	meet the requirement is related to the disability and where
423	failure to meet the graduation requirement or program admission
424	requirement does not constitute a fundamental alteration in the
425	nature of the program.
426	Section 12.  Subsections (2) and (10) of section 1007.27,
427	Florida Statutes, are amended to read:
428	1007.27  Articulated acceleration mechanisms.-
429	(2)  The Department of Education shall annually identify
430	and publish the minimum scores, maximum credit, and course or
431	courses for which credit is to be awarded for each College Level
432	Examination Program (CLEP) general examination, CLEP subject
433	examination, College Board Advanced Placement Program
434	examination, Advanced International Certificate of Education
435	examination, and International Baccalaureate examination. The
436	department shall use student performance data in subsequent
437	postsecondary courses to determine the appropriate examination
438	scores and courses for which credit is to be granted. Minimum
439	scores may vary by subject area based on available performance
440	data. In addition, the department shall identify such courses in
441	the general education core curriculum of each state university
442	and community college.
443	(10)  Any student who earns 9 or more credits from one or
444	more of the acceleration mechanisms provided for in this section
445	is exempt from any requirement of a public postsecondary
446	educational institution mandating enrollment during a summer
447	term.
448	Section 13.  Subsections (6) and (7) of section 1007.33,
449	Florida Statutes, are amended to read:
450	1007.33  Site-determined baccalaureate degree access.-
451	(6)(a)  Beginning July 1, 2010, and each subsequent July 1,
452	the Division of Florida Colleges may accept and review
453	applications from a Florida college to obtain an exemption from
454	the State Board of Education's approval for subsequent degrees
455	as required in subsection (5), if the Florida college is
456	accredited by the Commission on Colleges of the Southern
457	Association of Colleges and Schools as a baccalaureate-degree-
458	granting institution and has been offering baccalaureate degree
459	programs for 3 or more years. The division shall develop
460	criteria for determining eligibility for an exemption based upon
461	demonstrated compliance with the requirements for baccalaureate
462	degrees, primary mission, and fiscal, including, but not limited
463	to:
464	1.  Obtaining and maintaining appropriate SACS
465	accreditation;
466	2.  The maintenance of qualified faculty and institutional
467	resources;
468	3.  The maintenance of enrollment projections in previously
469	approved programs;
470	4.  The appropriate management of fiscal resources;
471	5.  Compliance with the primary mission and responsibility
472	requirements in subsections (2) and (3);
473	6.  The timely submission of the institution's annual
474	performance accountability report; and
475	7.  Other indicators of success such as program completers,
476	placements, and surveys of students and employers.
477	(b)  If the Florida college has demonstrated satisfactory
478	progress in fulfilling the eligibility criteria in this
479	subsection, the Division of Florida Colleges may recommend to
480	the State Board of Education that the institution be exempt from
481	the requirement in subsection (5) for approval of future
482	baccalaureate degree programs. The State Board of Education
483	shall review the division's recommendation and determine if an
484	exemption is warranted. If the State Board of Education approves
485	the application, the Florida college is exempt from subsequent
486	program approval under subsection (5) and such authority is
487	delegated to the Florida college board of trustees. If the State
488	Board of Education disapproves of the Florida college's request
489	for an exemption, the college shall continue to be subject to
490	the State Board of Education's approval of subsequent
491	baccalaureate degree programs.
492	(c)  Prior to developing or proposing a new baccalaureate
493	degree program, all Florida colleges, regardless of an exemption
494	from subsection (5), shall:
495	1.  Engage in need, demand, and impact discussions with the
496	state university in their service district and other local and
497	regional, accredited postsecondary providers in their region.
498	2.  Send documentation, data, and other information from
499	the inter-institutional discussions regarding program need,
500	demand, and impact required in subparagraph 1. to the college's
501	board of trustees, the Division of Florida Colleges, and the
502	Chancellor of the State University System.
503	3.  Base board of trustees approval of the new program upon
504	the documentation, data, and other information required in this
505	paragraph and the factors in subsection (5)(d).
506
507	The Division of Florida Colleges shall use the documentation,
508	data, and other information required in this subsection,
509	including information from the Chancellor of the State
510	University System, in its compliance review.
511	(d)  The board of trustees of a Florida college that is
512	exempt from subsection (5) must submit newly approved programs
513	to the Division of Florida Colleges and SACS within 30 days
514	after approval.
515	(e)  Within 30 days after receiving the approved
516	baccalaureate degree program, the Division of Florida Colleges
517	shall conduct a compliance review and notify the college if the
518	proposal meets the criteria for implementation based upon the
519	criteria in paragraphs (5)(d) and (6)(c). If the program fails
520	to meet the criteria for implementation as determined by the
521	Division of Florida Colleges, the college may not proceed with
522	implementation of the program until the State Board of Education
523	reviews the proposal and the compliance materials and gives its
524	final approval of the program.
525	(6)(7)  The State Board of Education shall adopt rules to
526	prescribe format and content requirements and submission
527	procedures for notices of intent, proposals, and alternative
528	proposals under subsection (5).
529	Section 14.  Subsection (2) and paragraph (a) of subsection
530	(4) of section 1008.30, Florida Statutes, are amended to read:
531	1008.30  Common placement testing for public postsecondary
532	education.-
533	(2)  The common placement testing program shall include at
534	a minimum the following: the capacity to diagnose basic
535	competencies in the areas of English, reading, and mathematics
536	which are essential to perform college-level work; prerequisite
537	skills that relate to progressively advanced instruction in
538	mathematics, such as algebra and geometry; prerequisite skills
539	that relate to progressively advanced instruction in language
540	arts, such as English composition and literature; prerequisite
541	skills which relate to the College Level Academic Skills Test
542	(CLAST); and provision of test information to students on the
543	specific deficiencies.
544	(4)(a)  Public postsecondary educational institution
545	Students who have been identified as requiring additional
546	preparation pursuant to subsection (1) shall enroll in college-
547	preparatory or other adult education pursuant to s. 1004.93 in
548	community colleges to develop needed college-entry skills. The
549	State Board of Education shall specify by rule provisions for
550	alternative remediation opportunities and retesting policies.
551	These students shall be permitted to take courses within their
552	degree program concurrently in other curriculum areas for which
553	they are qualified while enrolled in college-preparatory
554	instruction courses. A student enrolled in a college-preparatory
555	course may concurrently enroll only in college credit courses
556	that do not require the skills addressed in the college-
557	preparatory course. The State Board of Education, in conjunction
558	with the Board of Governors, shall specify the college credit
559	courses that are acceptable for students enrolled in each
560	college-preparatory skill area. A degree-seeking student who
561	wishes to earn an associate in arts or a baccalaureate degree,
562	but who is required to complete a college-preparatory course,
563	must successfully complete the required college-preparatory
564	studies by the time the student has accumulated 12 hours of
565	lower-division college credit degree coursework; however, a
566	student may continue enrollment in degree-earning coursework
567	provided the student maintains enrollment in college-preparatory
568	coursework for each subsequent semester until college-
569	preparatory coursework requirements are completed, and provided
570	the student demonstrates satisfactory performance in degree-
571	earning coursework. A student who has accumulated 12 college
572	credit hours and has not yet demonstrated proficiency in the
573	basic competency areas of reading, writing, and mathematics must
574	be advised in writing of the requirements for associate degree
575	completion and state university admission, including information
576	about future financial aid eligibility and the potential costs
577	of accumulating excessive college credit as described in s.
578	1009.286. A passing score on a standardized, institutionally
579	developed test must be achieved Before a student is considered
580	to have met basic computation and communication skills
581	requirements, the student must demonstrate successful mastery of
582	the required developmental education competencies as defined in
583	State Board of Education rule; however, no student shall be
584	required to retake any test or subtest that was previously
585	passed by said student. Credit awarded for college-preparatory
586	instruction may not be counted toward fulfilling the number of
587	credits required for a degree.
588	Section 15.  Subsection (7) of section 1008.345, Florida
589	Statutes, is amended to read:
590	1008.345  Implementation of state system of school
591	improvement and education accountability.-
592	(7)  As a part of the system of educational accountability,
593	the Department of Education shall:
594	(a)  Develop minimum standards for various grades and
595	subject areas, as required in ss. 1001.03, 1008.22, and 1008.34.
596	(b)  Administer the statewide assessment testing program
597	created by s. 1008.22.
598	(c)  Review the school advisory councils of each district
599	as required by s. 1001.452.
600	(d)  Conduct the program evaluations required by s.
601	1001.03.
602	(e)  Maintain a listing of college-level communication and
603	mathematics skills defined pursuant to s. 1008.29 as being
604	associated with successful student performance through the
605	baccalaureate level and submit it to the State Board of
606	Education and the Board of Governors for approval.
607	(f)  Maintain a listing of tests and other assessment
608	procedures which measure and diagnose student achievement of
609	college-level communication and computation skills and submit it
610	to the State Board of Education and the Board of Governors for
611	approval.
612	(g)  Maintain for the information of the State Board of
613	Education, the Board of Governors, and the Legislature a file of
614	data to reflect achievement of college-level communication and
615	mathematics competencies by students in state universities and
616	community colleges.
617	(h)  Develop or contract for, and submit to the State Board
618	of Education and the Board of Governors for approval, tests
619	which measure and diagnose student achievement of college-level
620	communication and mathematics skills. Any tests and related
621	documents developed are exempt from the provisions of s.
622	119.07(1). The commissioner shall maintain statewide
623	responsibility for the administration of such tests and may
624	assign administrative responsibilities for the tests to any
625	state university or community college. The state board, upon
626	recommendation of the commissioner, may enter into contracts for
627	such services beginning in one fiscal year and continuing into
628	the next year which are paid from the appropriation for either
629	or both fiscal years.
630	(f)(i)  Perform any other functions that may be involved in
631	educational planning, research, and evaluation or that may be
632	required by the commissioner, the State Board of Education, the
633	Board of Governors, or law.
634	Section 16.  Subsections (4) and (6) of section 1008.38,
635	Florida Statutes, are amended to read:
636	1008.38  Articulation accountability process.-The State
637	Board of Education, in conjunction with the Board of Governors,
638	shall develop articulation accountability measures which assess
639	the status of systemwide articulation processes authorized under
640	s. 1007.23 and establish an articulation accountability process
641	which at a minimum shall address:
642	(4)  The smooth transfer of Florida College System
643	community college associate in arts degree graduates to a
644	Florida College System institution or a state university.
645	(6)  The relationship between student attainment of
646	college-level the College Level academic skills Test Program and
647	articulation to the upper division in public postsecondary
648	institutions.
649	Section 17.  Subsection (1) of section 1009.534, Florida
650	Statutes, is amended to read:
651	1009.534  Florida Academic Scholars award.-
652	(1)  A student is eligible for a Florida Academic Scholars
653	award if the student meets the general eligibility requirements
654	for the Florida Bright Futures Scholarship Program and the
655	student:
656	(a)  Has achieved a 3.5 weighted grade point average as
657	calculated pursuant to s. 1009.531, or its equivalent, in high
658	school courses that are designated by the State Board of
659	Education as college-preparatory academic courses; and has
660	attained at least the score pursuant to s. 1009.531(6)(a) on the
661	combined verbal and quantitative parts of the Scholastic
662	Aptitude Test, the Scholastic Assessment Test, or the recentered
663	Scholastic Assessment Test of the College Entrance Examination,
664	or an equivalent score on the ACT Assessment Program;
665	(b)  Has attended a home education program according to s.
666	1002.41 during grades 11 and 12 or has completed the
667	International Baccalaureate curriculum but failed to earn the
668	International Baccalaureate Diploma or has completed the
669	Advanced International Certificate of Education curriculum but
670	failed to earn the Advanced International Certificate of
671	Education Diploma, and has attained at least the score pursuant
672	to s. 1009.531(6)(a) on the combined verbal and quantitative
673	parts of the Scholastic Aptitude Test, the Scholastic Assessment
674	Test, or the recentered Scholastic Assessment Test of the
675	College Entrance Examination, or an equivalent score on the ACT
676	Assessment Program;
677	(c)  Has been awarded an International Baccalaureate
678	Diploma from the International Baccalaureate Office or an
679	Advanced International Certificate of Education Diploma from the
680	University of Cambridge International Examinations Office;
681	(d)  Has been recognized by the merit or achievement
682	programs of the National Merit Scholarship Corporation as a
683	scholar or finalist; or
684	(e)  Has been recognized by the National Hispanic
685	Recognition Program as a scholar recipient.
686
687	A student must complete a program of community service work, as
688	approved by the district school board, or the administrators of
689	a nonpublic school, or the Department of Education for home
690	education program students, which shall include a minimum of 75
691	hours of service work and require the student to identify a
692	social problem that interests him or her, develop a plan for his
693	or her personal involvement in addressing the problem, and,
694	through papers or other presentations, evaluate and reflect upon
695	his or her experience.
696	Section 18.  Subsection (3) of section 267.062, Florida
697	Statutes, is amended to read:
698	267.062  Naming of state buildings and other facilities.-
699	(3)  Notwithstanding the provisions of subsection (1) or s.
700	1013.79(11), any state building, road, bridge, park,
701	recreational complex, or other similar facility of a state
702	university may be named for a living person by the university
703	board of trustees in accordance with regulations rules adopted
704	by the Board of Governors of the State University System.
705	Section 19.  Subsection (6) of section 1004.23, Florida
706	Statutes, is amended to read:
707	1004.23  Universities; powers; patents, copyrights, and
708	trademarks.-Any other law to the contrary notwithstanding, each
709	state university is authorized, in its own name, to:
710	(6)  Do all other acts necessary and proper for the
711	execution of powers and duties herein conferred upon the
712	university, including adopting regulations rules, as necessary,
713	in order to administer this section. Any proceeds therefrom
714	shall be deposited and expended in accordance with s. 1004.22.
715	Any action taken by the university in securing or exploiting
716	such trademarks, copyrights, or patents shall, within 30 days,
717	be reported in writing by the president to the Department of
718	State.
719	Section 20.  Section 1010.03, Florida Statutes, is amended
720	to read:
721	1010.03  Delinquent accounts.-District school boards,
722	Florida College System institution community college boards of
723	trustees, and university boards of trustees:
724	(1)  Shall exert every effort to collect all delinquent
725	accounts.
726	(2)  May charge off or settle such accounts as may prove
727	uncollectible.
728	(3)  May employ the services of a collection agency when
729	deemed advisable in collecting delinquent accounts.
730	(4)  May adopt rules, except that university boards of
731	trustees may adopt regulations, as necessary, to implement the
732	provisions of this section, including setoff procedures, payroll
733	deductions, and restrictions on release of transcripts, awarding
734	of diplomas, and access to other resources and services of the
735	school district, Florida College System institution community
736	college, or university.
737	Section 21.  Subsection (2) of section 1010.04, Florida
738	Statutes, is amended to read:
739	1010.04  Purchasing.-
740	(2)  Each district school board and Florida College System
741	institution, community college board of trustees, and each
742	university board of trustees shall adopt rules, and each
743	university board of trustees shall adopt regulations, to be
744	followed in making purchases.
745	Section 22.  Paragraph (b) of subsection (2) of section
746	1010.07, Florida Statutes, is amended to read:
747	1010.07  Bonds or insurance required.-
748	(2)
749	(b)  Contractors paid from university funds shall give bond
750	for the faithful performance of their contracts in such amount
751	and for such purposes as prescribed by s. 255.05 or by
752	regulations rules of the Board of Governors relating to the type
753	of contract involved. It shall be the duty of the university
754	board of trustees to require from construction contractors a
755	bond adequate to protect the board and the board's funds
756	involved.
757	Section 23.  Subsection (4) of section 1013.171, Florida
758	Statutes, is amended to read:
759	1013.171  University lease agreements; land, facilities.-
760	(4)  Agreements as provided in this section shall be
761	entered into with an offeror resulting from publicly announced
762	competitive bids or proposals, except that the university may
763	enter into an agreement with an entity enumerated in paragraph
764	(3)(a) for leasing land or with a direct-support organization as
765	provided in s. 1004.28, which shall enter into subsequent
766	agreements for financing and constructing the project after
767	receiving competitive bids or proposals. Any facility
768	constructed, lease-purchased, or purchased under such
769	agreements, whether erected on land under the jurisdiction of
770	the university or not, shall conform to the construction
771	standards and codes applicable to university facilities. Each
772	university board of trustees shall adopt such regulations rules
773	as are necessary to carry out its duties and responsibilities
774	imposed by this section.
775	Section 24.  Subsection (12) of section 1013.33, Florida
776	Statutes, is amended to read:
777	1013.33  Coordination of planning with local governing
778	bodies.-
779	(12)  As early in the design phase as feasible and
780	consistent with an interlocal agreement entered pursuant to
781	subsections (2)-(8), but no later than 90 days before commencing
782	construction, the district school board shall in writing request
783	a determination of consistency with the local government's
784	comprehensive plan. The local governing body that regulates the
785	use of land shall determine, in writing within 45 days after
786	receiving the necessary information and a school board's request
787	for a determination, whether a proposed educational facility is
788	consistent with the local comprehensive plan and consistent with
789	local land development regulations. If the determination is
790	affirmative, school construction may commence and further local
791	government approvals are not required, except as provided in
792	this section. Failure of the local governing body to make a
793	determination in writing within 90 days after a district school
794	board's request for a determination of consistency shall be
795	considered an approval of the district school board's
796	application. Campus master plans and development agreements must
797	comply with the provisions of s. ss. 1013.30 and 1013.63.
798	Section 25.  Section 1013.63, Florida Statutes, is
799	repealed.
800	Section 26.  This act shall take effect July 1, 2011.

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