HB 7193

1	A bill to be entitled
2	An act relating to contracts with personnel hired by a
3	Florida College System institution board of trustees;
4	amending s. 1007.33, F.S.; removing eligibility for
5	certain faculty at St. Petersburg College to be awarded
6	continuing contracts; amending s. 1012.83, F.S.; providing
7	definitions; providing criteria for employment of
8	personnel newly hired on or after July 1, 2011, by a
9	Florida College System institution board of trustees;
10	providing requirements for probationary and annual
11	contracts for administrative, instructional, or
12	educational support personnel; prohibiting the award of
13	tenure, a multiyear contract, or a continuing contract;
14	providing an exception; providing requirements relating to
15	dismissal and retention of employees; requiring adoption
16	of a performance evaluation policy; amending s. 1012.855,
17	F.S.; removing a reference to State Board of Education
18	rules regarding tenure; repealing State Board of Education
19	rules relating to certain contracts, including multiyear
20	and continuing contracts; revoking and prohibiting certain
21	policies, practices, and procedures of a Florida College
22	System institution; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsection (4) of section 1007.33, Florida
27	Statutes, is amended to read:
28	1007.33  Site-determined baccalaureate degree access.-
29	(4)  A Florida college may:
30	(a)  Offer specified baccalaureate degree programs through
31	formal agreements between the Florida college and other
32	regionally accredited postsecondary educational institutions
33	pursuant to s. 1007.22.
34	(b)  Offer baccalaureate degree programs that were
35	authorized by law prior to July 1, 2009.
36	(c)  Beginning July 1, 2009, establish a first or
37	subsequent baccalaureate degree program for purposes of meeting
38	district, regional, or statewide workforce needs if approved by
39	the State Board of Education under this section.
40
41	Beginning July 1, 2009, the Board of Trustees of the St.
42	Petersburg College is authorized to establish one or more
43	bachelor of applied science degree programs based on an analysis
44	of workforce needs in Pinellas, Pasco, and Hernando Counties and
45	other counties approved by the Department of Education. For each
46	program selected, St. Petersburg College must offer a related
47	associate in science or associate in applied science degree
48	program, and the baccalaureate degree level program must be
49	designed to articulate fully with at least one associate in
50	science degree program. The college is encouraged to develop
51	articulation agreements for enrollment of graduates of related
52	associate in applied science degree programs. The Board of
53	Trustees of the St. Petersburg College is authorized to
54	establish additional baccalaureate degree programs if it
55	determines a program is warranted and feasible based on each of
56	the factors in paragraph (5)(d). Prior to developing or
57	proposing a new baccalaureate degree program, St. Petersburg
58	College shall engage in need, demand, and impact discussions
59	with the state university in its service district and other
60	local and regional, accredited postsecondary providers in its
61	region. Documentation, data, and other information from inter-
62	institutional discussions regarding program need, demand, and
63	impact shall be provided to the college's board of trustees to
64	inform the program approval process. Employment at St.
65	Petersburg College is governed by the same laws that govern
66	community colleges, except that upper-division faculty are
67	eligible for continuing contracts upon the completion of the
68	fifth year of teaching. Employee records for all personnel shall
69	be maintained as required by s. 1012.81.
70	Section 2.  Section 1012.83, Florida Statutes, is amended
71	to read:
72	1012.83  Contracts with personnel hired by a Florida
73	College System institution board of trustees administrative and
74	instructional staff.-
75	(1)  DEFINITIONS.-The term:
76	(a)  "Administrative personnel" includes, but is not
77	limited to, an employee who performs management activities such
78	as developing broad policies for a Florida College System
79	institution and executing those policies through the direction
80	of personnel at all levels within the institution. In addition,
81	the term "administrative personnel" includes an employee who has
82	been assigned the responsibilities of systemwide or institution-
83	wide functions, including developing, coordinating, or
84	administering instructional and noninstructional activities of
85	the institution. The term "administrative personnel" does not
86	include a Florida College System institution's president.
87	(b)  "Annual contract" means an employment contract for a
88	period of no longer than 365 days which a Florida College System
89	institution board of trustees may award or not award without
90	cause.
91	(c)  "Educational support personnel" includes, but is not
92	limited to, an employee hired as an education or administrative
93	paraprofessional; a member of an operations, maintenance, or
94	comparable department; or a secretary or clerical or comparable
95	level support employee.
96	(d)  "Instructional personnel" includes, but is not limited
97	to, a teacher, faculty member, professor, or employee who
98	provides any direct instructional services to students. In
99	addition, the term "instructional personnel" includes an
100	employee who provides direct support to students, including, but
101	not limited to, an employee responsible for providing media
102	services and technology resources; a counselor, adviser, or
103	employee performing educational evaluations or placement
104	services or similar functions; or an instructional specialist,
105	librarian, resource specialist, instructional trainer, or
106	adjunct educator.
107	(e)  "President" means the president of a Florida College
108	System institution appointed by the board of trustees pursuant
109	to s. 1001.64(19).
110	(f)  "Probationary contract" means an employment contract
111	for a period of no longer than 365 days awarded to
112	administrative, instructional, or educational support personnel
113	upon initial employment by a Florida College System institution
114	board of trustees. Probationary contract employees may be
115	dismissed without cause or may resign without breach of
116	contract.
117	(2)  EMPLOYMENT.-
118	(a)  Notwithstanding any other provision of law to the
119	contrary, all personnel newly hired on or after July 1, 2011, by
120	a Florida College System institution board of trustees shall be
121	classified as administrative, instructional, or educational
122	support personnel and shall be awarded a probationary contract.
123	A Florida College System institution board of trustees may not
124	award a probationary contract more than once to the same
125	employee unless the employee was rehired after a break in
126	service for which an authorized leave of absence was not granted
127	by the board of trustees. A probationary contract shall be
128	awarded regardless of previous employment in another Florida
129	College System institution or state. Upon successful completion
130	of a probationary contract, the board of trustees may award an
131	annual contract pursuant to paragraph (c).
132	(b)  An annual contract may be awarded pursuant to
133	paragraph (c) to newly hired administrative, instructional, or
134	educational support personnel who have successfully completed a
135	probationary contract or have received one or more annual
136	contracts from a Florida College System institution board of
137	trustees.
138	(c)  An annual contract may be awarded only if:
139	1.  A Florida College System institution president
140	recommends employment to the board of trustees based upon the
141	individual's effective performance, educational and experiential
142	qualifications, and capacity to meet the educational needs of
143	the institution and the community; and
144	2.  The board of trustees approves the recommendation of
145	the president in accordance with policies and procedures adopted
146	by the Florida College System institution.
147	(d)1.  Notwithstanding any other provision of law to the
148	contrary, on or after July 1, 2011, no personnel may be awarded
149	tenure, a multiyear contract, or a continuing contract, except
150	the president.
151	2.  Tenure, a multiyear contract, or a continuing contract
152	in effect prior to July 1, 2011, may not be renewed, extended,
153	or readopted. Personnel without an annual contract are eligible
154	to be awarded an annual contract pursuant to paragraph (c).
155	3.  Personnel under a probationary contract as of July 1,
156	2011, are eligible for an annual contract under paragraph (c).
157	4.  Personnel who have obtained permanent or classified
158	status as of July 1, 2011, may be awarded an annual contract
159	under paragraph (c) on their employment anniversary date.
160	(e)  A contract does not create an expectancy of employment
161	beyond the term of the contract. Nonrenewal of a contract does
162	not entitle the employee to an explanation or statement of the
163	reasons for nonrenewal or to a hearing.
164	(f)  A Florida College System institution board of trustees
165	may dismiss an employee who has been awarded an annual contract,
166	or who holds tenure, a multiyear contract, or a continuing
167	contract, during the term of the contract based upon the
168	recommendation of the Florida College System institution
169	president. The recommendation of the president may be based upon
170	the factors enumerated in s. 1012.335(5), as defined in the
171	State Board of Education rule, or the policies adopted by the
172	board of trustees, or both. The president shall notify the
173	employee in writing of the recommendation, and the board of
174	trustees shall afford the employee the right to a hearing in
175	accordance with the policies and procedures adopted by the board
176	of trustees.
177	(g)  If workforce reduction is needed, a Florida College
178	System institution board of trustees must retain employees based
179	upon educational and programmatic needs and the performance of
180	employees within the affected program areas. Within the program
181	areas requiring reduction, the employee with the lowest
182	performance must be the first to be released; the employee with
183	the next lowest performance must be the second to be released;
184	and reductions shall continue in like manner until the needed
185	number of reductions has occurred. A Florida College System
186	institution board of trustees must adopt a performance
187	evaluation policy that sets forth the criteria and process for
188	evaluating performance and must make the policy readily
189	available and accessible to all employees. A Florida College
190	System institution board of trustees may not prioritize
191	retention of employees based upon seniority or the type of
192	contract an employee holds.
193	(1)  Each person employed in an administrative or
194	instructional capacity in a community college shall be entitled
195	to a contract as provided by rules of the State Board of
196	Education.
197	(3)(2)  CONTRACT RESTRICTION.-A community college board of
198	trustees may not enter into an employment contract that requires
199	the community college to pay an employee an amount from
200	appropriated state funds in excess of 1 year of the employee's
201	annual salary for termination, buyout, or any other type of
202	contract settlement. This subsection does not prohibit the
203	payment of leave and benefits accrued by the employee in
204	accordance with the community college's leave and benefits
205	policies before the contract terminates.
206	Section 3.  Paragraph (a) of subsection (1) of section
207	1012.855, Florida Statutes, is amended to read:
208	1012.855  Employment of community college personnel;
209	discrimination in granting salary prohibited.-
210	(1)(a)  Employment of all personnel in each community
211	college shall be upon recommendation of the Florida College
212	System institution president, subject to approval rejection for
213	cause by the community college board of trustees; to the rules
214	of the State Board of Education relative to certification,
215	tenure, leaves of absence of all types, including sabbaticals,
216	remuneration, and such other conditions of employment as the
217	State Board of Education deems necessary and proper; and to
218	policies of the community college board of trustees not
219	inconsistent with law.
220	Section 4.  All rules implementing s. 1012.83(1), Florida
221	Statutes 2010, including Rules 6A-14.041 and 6A-14.0411, Florida
222	Administrative Code, adopted prior to July 1, 2011, shall stand
223	repealed. All policies adopted by a Florida College System
224	institution board of trustees and all policies, practices, and
225	procedures followed by a Florida College System institution
226	which are contrary to or inconsistent with this act are revoked
227	and prohibited.
228	Section 5.  This act shall take effect July 1, 2011.

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