Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 374
       
       
       
       
       
                               Ì724756EÎ724756                          
       
       576-02483-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Higher Education)
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; providing
    3         a short title; creating s. 1001.6001, F.S.; renaming
    4         the Florida College System as the Florida Community
    5         College System; creating the State Board of Community
    6         Colleges; requiring the Governor to appoint the
    7         membership of the board; providing that the
    8         appointments are subject to confirmation by the
    9         Senate; requiring the Division of Florida Colleges to
   10         provide administrative support to the board until a
   11         specified date; transferring the Florida College
   12         System and the Division of Florida Colleges to the
   13         State Board of Community Colleges by a specified date;
   14         requiring the State Board of Community Colleges to
   15         appoint a Chancellor of the Florida Community College
   16         System by a specified date; amending s. 20.15, F.S.;
   17         removing the Division of Florida Colleges from within
   18         the Department of Education; requiring the department
   19         to provide support to the State Board of Community
   20         Colleges; creating s. 20.156, F.S.; creating the State
   21         Board of Community Colleges and assigning and housing
   22         it for administrative purposes, only, within the
   23         department; providing the personnel for the state
   24         board; providing the powers and duties of the state
   25         board; requiring the state board to conduct an
   26         organizational meeting by a specified date; amending
   27         s. 112.313, F.S.; prohibiting citizen members of the
   28         State Board of Community Colleges or Florida Community
   29         College System institution boards of trustees from
   30         having an employment or contractual relationship as
   31         specified lobbyists; amending s. 112.3145, F.S.;
   32         revising the term “state officer” to include certain
   33         Florida Community College System personnel; amending
   34         s. 1000.03, F.S.; revising the function and mission of
   35         the Florida K-20 education system; requiring the State
   36         Board of Community Colleges to oversee enforcement of
   37         Florida Community College System laws and rules;
   38         amending s. 1000.05, F.S.; requiring the State Board
   39         of Community Colleges, instead of the Commissioner of
   40         Education, to make certain determinations regarding
   41         equal opportunities at Florida Community College
   42         System institutions; requiring the State Board of
   43         Community Colleges to adopt rules; amending s.
   44         1001.02, F.S.; revising the general powers of the
   45         State Board of Education to exempt provisions relating
   46         to the Florida Community College System; amending s.
   47         1001.03, F.S.; revising certain articulation
   48         accountability and enforcement measures; requiring the
   49         State Board of Education to collect information in
   50         conjunction with the Board of Governors and the State
   51         Board of Community Colleges; deleting duties of the
   52         State Board of Education regarding the Florida
   53         Community College System; amending ss. 1001.10 and
   54         1001.11, F.S.; revising the general powers and duties
   55         of the Commissioner of Education to exempt certain
   56         powers and duties related to the Florida Community
   57         College System; amending s. 1001.20, F.S.; revising
   58         duties of the Office of Inspector General within the
   59         department regarding the Florida Community College
   60         System; amending s. 1001.28, F.S.; providing that the
   61         powers and duties of the State Board of Community
   62         Colleges are not abrogated, superseded, altered, or
   63         amended by certain provisions relating to the
   64         department’s duties for distance learning; amending s.
   65         1001.42, F.S.; prohibiting a technical center
   66         governing board from approving certain types of
   67         courses and programs; amending s. 1001.44, F.S.;
   68         providing the primary mission of a career center
   69         operated by a district school board; prohibiting
   70         specified career centers from offering certain courses
   71         and programs; amending s. 1001.60, F.S.; conforming
   72         provisions to changes made by the act; creating s.
   73         1001.601, F.S.; establishing the State Board of
   74         Community Colleges; providing the membership of the
   75         board; creating s. 1001.602, F.S.; providing the
   76         responsibilities and duties of the State Board of
   77         Community Colleges; requiring the board to coordinate
   78         with the State Board of Education; amending ss.
   79         1001.61, 1001.64, 1001.65, 1001.66, and 1001.67, F.S.;
   80         conforming provisions to changes made by the act;
   81         amending s. 1001.706, F.S.; revising cooperation
   82         duties of the Board of Governors to include
   83         requirements for working with the State Board of
   84         Community Colleges; amending s. 1002.34, F.S.;
   85         providing the primary mission of a charter technical
   86         career center; prohibiting specified career centers or
   87         charter technical career centers from offering certain
   88         courses and programs; requiring the State Board of
   89         Education to adopt rules; amending s. 1003.491, F.S.;
   90         revising the Florida Career and Professional Education
   91         Act to require the State Board of Community Colleges
   92         to recommend, jointly with the Board of Governors and
   93         the Commissioner of Education, certain deadlines for
   94         new core courses; amending s. 1003.493, F.S.; revising
   95         department duties regarding articulation and the
   96         transfer of credits to postsecondary institutions to
   97         include consultation with the State Board of Community
   98         Colleges; amending s. 1004.015, F.S.; providing that
   99         the Higher Education Coordinating Council serves as an
  100         advisory board to, in addition to other bodies, the
  101         State Board of Community Colleges; revising council
  102         reporting requirements to include a report to the
  103         State Board of Community Colleges; requiring the State
  104         Board of Community Colleges, in addition to other
  105         entities, to provide administrative support for the
  106         council; amending ss. 1004.02 and 1004.03, F.S.;
  107         conforming provisions to changes made by the act;
  108         amending s. 1004.04, F.S.; revising department
  109         reporting requirements regarding teacher preparation
  110         programs to require a report to the State Board of
  111         Community Colleges; amending s. 1004.07, F.S.;
  112         providing that the State Board of Community Colleges,
  113         instead of the State Board of Education, provide
  114         guidelines for Florida Community College System
  115         institution boards of trustees’ policies; amending ss.
  116         1004.084, 1004.085, 1004.096, 1004.0961, 1004.35, and
  117         1004.6495, F.S.; conforming provisions to changes made
  118         by the act; amending s. 1004.65, F.S.; revising
  119         Florida Community College System institution
  120         governance, mission, and responsibilities to provide
  121         authority and duties to the State Board of Community
  122         Colleges, instead of the State Board of Education;
  123         providing that offering upper-level instruction and
  124         awarding baccalaureate degrees are a secondary and not
  125         a primary role of a Florida Community College System
  126         institution; amending ss. 1004.67, 1004.70, and
  127         1004.71, F.S.; conforming provisions to changes made
  128         by the act; amending s. 1004.74, F.S.; requiring the
  129         Chancellor of the Florida Community College System,
  130         jointly with the Commissioner of Education, to appoint
  131         members of the Council for the Florida School for the
  132         Arts; amending ss. 1004.78 and 1004.80, F.S.;
  133         conforming provisions to changes made by the act;
  134         amending s. 1004.91, F.S.; requiring the State Board
  135         of Community Colleges to collaborate with the State
  136         Board of Education to provide certain rules for
  137         Florida Community College System institutions
  138         regarding requirements for career education program
  139         basic skills; amending s. 1004.92, F.S.; providing
  140         accountability for career education for the State
  141         Board of Community Colleges; revising the department’s
  142         accountability for career education; requiring the
  143         department and the State Board of Community Colleges
  144         to collaborate to develop certain standards and
  145         benchmarks; requiring the State Board of Education and
  146         the State Board of Community Colleges to collaborate
  147         to adopt rules; amending s. 1004.925, F.S.; revising
  148         industry certification requirements for automotive
  149         service technology education programs to include the
  150         State Board of Community Colleges; amending s.
  151         1004.93, F.S.; conforming provisions to changes made
  152         by the act; amending s. 1006.60, F.S.; authorizing
  153         sanctions for violations of certain rules of the State
  154         Board of Community Colleges, instead of the State
  155         Board of Education; amending ss. 1006.61, 1006.62, and
  156         1006.71, F.S.; conforming provisions to changes made
  157         by the act; amending s. 1007.01, F.S.; revising the
  158         role of the State Board of Education and the Board of
  159         Governors in the statewide articulation system to
  160         include the State Board of Community Colleges and the
  161         Chancellor of the Florida Community College System;
  162         amending s. 1007.23, F.S.; requiring each Florida
  163         Community College System institution to execute at
  164         least one “2+2” targeted pathway articulation
  165         agreement by a specified time; providing requirements
  166         and student eligibility for the agreements; requiring
  167         the State Board of Community Colleges and the Board of
  168         Governors to collaborate to eliminate barriers for the
  169         agreements; amending s. 1007.24, F.S.; revising the
  170         statewide course numbering system to include
  171         participation by and input from the State Board of
  172         Community Colleges and the Chancellor of the Florida
  173         Community College System; amending ss. 1007.25,
  174         1007.262, 1007.263, 1007.264, 1007.265, and 1007.27,
  175         F.S.; conforming provisions to changes made by the
  176         act; amending s. 1007.271, F.S.; requiring the State
  177         Board of Education to collaborate with the State Board
  178         of Community Colleges regarding certain articulation
  179         agreements; amending s. 1007.273, F.S.; requiring the
  180         State Board of Community Colleges to enforce
  181         compliance with certain provisions relating to the
  182         collegiate high school program by a specified date
  183         each year; amending s. 1007.33, F.S.; prohibiting
  184         Florida Community College System institutions from
  185         offering bachelor of arts degree programs; deleting
  186         provisions relating to an authorization for the Board
  187         of Trustees of St. Petersburg College to establish
  188         certain baccalaureate degree programs; revising the
  189         approval process for baccalaureate degree programs
  190         proposed by Florida Community College System
  191         institutions; requiring a Florida Community College
  192         System institution to annually report certain
  193         information to the State Board of Community Colleges,
  194         the Chancellor of the State University System, and the
  195         Legislature; revising the circumstances under which a
  196         baccalaureate degree program may be required to be
  197         modified or terminated; requiring the termination of a
  198         baccalaureate degree program under certain
  199         circumstances; restricting total upper-level,
  200         undergraduate full-time equivalent enrollment at
  201         Florida Community College System institutions under
  202         certain circumstances; amending s. 1008.30, F.S.;
  203         requiring the State Board of Community Colleges,
  204         rather than the State Board of Education, to develop
  205         and implement a specified common placement test and
  206         approve a specified series of meta-majors and academic
  207         pathways with the Board of Governors; amending s.
  208         1008.31, F.S.; revising the legislative intent of
  209         Florida’s K-20 education performance and
  210         accountability system to include recommendations from
  211         and reports to the State Board of Community Colleges;
  212         amending s. 1008.32, F.S.; removing the oversight
  213         enforcement authority of the State Board of Education
  214         relating to the Florida Community College System;
  215         amending s. 1008.345, F.S.; removing provisions
  216         requiring the department to maintain a listing of
  217         certain skills associated with the system of
  218         educational accountability; amending s. 1008.37, F.S.;
  219         revising certain student reporting requirements of the
  220         Commissioner of Education to also require a report to
  221         the State Board of Community Colleges; amending s.
  222         1008.38, F.S.; revising the articulation
  223         accountability process to include participation by the
  224         State Board of Community Colleges; amending s.
  225         1008.405, F.S.; requiring the State Board of Community
  226         Colleges to adopt rules for the maintaining of
  227         specific information by Florida Community College
  228         System institutions; amending ss. 1008.44, 1008.45,
  229         1009.21, 1009.22, 1009.23, and 1009.25, F.S.;
  230         conforming provisions to changes made by the act;
  231         amending s. 1009.26, F.S.; requiring that certain
  232         information regarding fee waivers be reported to the
  233         State Board of Community Colleges; requiring the State
  234         Board of Community Colleges to adopt rules; amending
  235         s. 1009.28, F.S.; conforming provisions to changes
  236         made by the act; amending ss. 1009.90 and 1009.91,
  237         F.S.; revising the duties of the department to include
  238         reports to the State Board of Community Colleges;
  239         amending s. 1009.971, F.S.; conforming provisions to
  240         changes made by the act; amending s. 1010.01, F.S.;
  241         requiring the financial records and accounts of
  242         Florida Community College System institutions to
  243         follow rules of the State Board of Community Colleges,
  244         instead of the State Board of Education; requiring
  245         each Florida Community College System institution to
  246         annually file specified financial statements with the
  247         State Board of Community Colleges; amending ss.
  248         1010.02 and 1010.04, F.S.; requiring the funds
  249         accruing to and purchases and leases by Florida
  250         Community College System institutions to follow rules
  251         of the State Board of Community Colleges, instead of
  252         the State Board of Education; amending s. 1010.07,
  253         F.S.; requiring certain contractors to give bonds in
  254         an amount set by the State Board of Community
  255         Colleges; amending s. 1010.08, F.S.; authorizing
  256         Florida Community College System board of trustees to
  257         budget for promotion and public relations from certain
  258         funds; amending ss. 1010.09, 1010.22, 1010.30, and
  259         1010.58, F.S.; conforming provisions to changes made
  260         by the act; amending s. 1011.01, F.S.; requiring each
  261         Florida Community College System institution board of
  262         trustees to submit an annual operating budget
  263         according to rules of the State Board of Community
  264         Colleges; amending s. 1011.011, F.S.; requiring the
  265         State Board of Education to collaborate with the State
  266         Board of Community Colleges for legislative budget
  267         requests relating to Florida Community College System
  268         institutions; amending ss. 1011.30 and 1011.32, F.S.;
  269         conforming provisions to changes made by the act;
  270         amending s. 1011.80, F.S.; conforming provisions to
  271         changes made by the act; authorizing the State Board
  272         of Community Colleges to adopt rules; amending s.
  273         1011.801, F.S.; specifying duties of the State Board
  274         of Community Colleges regarding funds for the
  275         operation of workforce education programs and the
  276         Workforce Development Capitalization Incentive Grant
  277         Program; amending ss. 1011.81, 1011.82, 1011.83,
  278         1011.84, and 1011.85, F.S.; conforming provisions to
  279         changes made by the act; amending s. 1012.01, F.S.;
  280         redefining the term “school officers”; amending ss.
  281         1012.80, 1012.81, 1012.83, 1012.855, and 1012.86,
  282         F.S.; conforming provisions to changes made by the
  283         act; amending s. 1013.01, F.S.; providing that the
  284         term “board” does not include the State Board of
  285         Community Colleges when used in the context of certain
  286         educational facilities provisions; amending ss.
  287         1013.02 and 1013.03, F.S.; requiring the State Board
  288         of Community Colleges to adopt rules for and provide
  289         functions relating to educational facilities; amending
  290         s. 1013.28, F.S.; authorizing Florida Community
  291         College System institution boards of trustees to
  292         dispose of land or real property subject to rules of
  293         the State Board of Community Colleges; amending s.
  294         1013.31, F.S.; specifying the role of the State Board
  295         of Community Colleges in educational plant surveys for
  296         Florida Community College System institutions;
  297         amending ss. 1013.36, 1013.37, and 1013.40, F.S.;
  298         conforming provisions to changes made by the act;
  299         amending s. 1013.47, F.S.; providing that certain
  300         contractors are subject to rules of the State Board of
  301         Community Colleges; amending s. 1013.52, F.S.;
  302         specifying duties of the State Board of Community
  303         Colleges with regard to the cooperative development
  304         and joint use of facilities; amending s. 1013.65,
  305         F.S.; requiring the State Board of Community Colleges
  306         to be provided with copies of authorized allocations
  307         or reallocations for the Public Education Capital
  308         Outlay and Debt Service Trust Fund; requiring the
  309         Board of Governors and the State Board of Community
  310         Colleges to submit a report to the Governor and the
  311         Legislature by a specified date; providing a directive
  312         to the Division of Law Revision and Information;
  313         providing effective dates.
  314          
  315  Be It Enacted by the Legislature of the State of Florida:
  316  
  317         Section 1. This act may be cited as the “College
  318  Competitiveness Act of 2017.”
  319         Section 2. Effective July 1, 2017, section 1001.6001,
  320  Florida Statutes, is created to read:
  321         1001.6001 Florida Community College System governance.—
  322         (1)The Florida College System, established in s. 1001.60,
  323  is renamed as the Florida Community College System.
  324         (2) The State Board of Community Colleges is created
  325  pursuant to s. 20.156 to oversee and coordinate the Florida
  326  Community College System. The Governor shall appoint the
  327  membership of the State Board of Community Colleges, subject to
  328  confirmation by the Senate, in time for the members to convene
  329  for the board’s organizational meeting pursuant to s. 20.156(5).
  330         (3) The Division of Florida Colleges shall provide
  331  administrative support to the State Board of Community Colleges
  332  until September 30, 2017.
  333         (4) On October 1, 2017, all powers, duties, functions,
  334  records, offices, personnel, property, pending issues and
  335  existing contracts, administrative authority, administrative
  336  rules, and unexpended balances of appropriations, allocations,
  337  and other funds related to the Florida College System and the
  338  Division of Florida Colleges are transferred by a type two
  339  transfer, as defined in s. 20.06(2), from the State Board of
  340  Education to the State Board of Community Colleges.
  341         (5) The State Board of Community Colleges shall appoint a
  342  Chancellor of the Florida Community College System by November
  343  1, 2017, to aid the board in the implementation of its
  344  responsibilities.
  345         (6) Any State Board of Education approval, policy,
  346  guidance, and appointment in effect on October 1, 2017, remain
  347  effective unless acted upon by the State Board of Community
  348  Colleges.
  349         Section 3. Subsections (3) and (8) of section 20.15,
  350  Florida Statutes, are amended to read:
  351         20.15 Department of Education.—There is created a
  352  Department of Education.
  353         (3) DIVISIONS.—The following divisions of the Department of
  354  Education are established:
  355         (a)Division of Florida Colleges.
  356         (a)(b) Division of Public Schools.
  357         (b)(c) Division of Career and Adult Education.
  358         (c)(d) Division of Vocational Rehabilitation.
  359         (d)(e) Division of Blind Services.
  360         (e)(f) Division of Accountability, Research, and
  361  Measurement.
  362         (f)(g) Division of Finance and Operations.
  363         (g)(h) Office of K-20 Articulation.
  364         (h)(i) The Office of Independent Education and Parental
  365  Choice, which must include the following offices:
  366         1. The Office of Early Learning, which shall be
  367  administered by an executive director who is fully accountable
  368  to the Commissioner of Education. The executive director shall,
  369  pursuant to s. 1001.213, administer the early learning programs,
  370  including the school readiness program and the Voluntary
  371  Prekindergarten Education Program at the state level.
  372         2. The Office of K-12 School Choice, which shall be
  373  administered by an executive director who is fully accountable
  374  to the Commissioner of Education.
  375         (8) SUPPORT SERVICES.—The Department of Education shall
  376  continue to provide support to the Board of Governors of the
  377  State University System and to the State Board of Community
  378  Colleges of the Florida Community College System. At a minimum,
  379  support services provided to the Board of Governors and the
  380  State Board of Community Colleges shall include accounting,
  381  printing, computer and Internet support, personnel and human
  382  resources support, support for accountability initiatives, and
  383  administrative support as needed for trust funds under the
  384  jurisdiction of the Board of Governors and the State Board of
  385  Community Colleges.
  386         Section 4. Effective July 1, 2017, section 20.156, Florida
  387  Statutes, is created to read:
  388         20.156 State Board of Community Colleges.—
  389         (1) GENERAL PROVISIONS.—The State Board of Community
  390  Colleges is created. For the purposes of s. 6, Art. IV of the
  391  State Constitution, the state board shall be assigned to and
  392  administratively housed within the Department of Education.
  393  However, the state board shall independently exercise the powers
  394  and duties in s. 1001.602; is a separate budget program; and is
  395  not subject to control, supervision, or direction by the
  396  department. For purposes of this section, the State Board of
  397  Community Colleges is referred to as the “state board.”
  398         (2) HEAD OF THE FLORIDA COMMUNITY COLLEGE SYSTEM.—The state
  399  board is the head of the Florida Community College System. The
  400  Governor shall appoint the board members, subject to
  401  confirmation by the Senate.
  402         (3) PERSONNEL.—The state board shall appoint a Chancellor
  403  of the Florida Community College System by November 1, 2017, to
  404  aid in carrying out the state board’s duties. The chancellor is
  405  the chief executive officer and secretary to the state board and
  406  directs the activities of the staff of the state board. The
  407  Chancellor of the Division of Florida Colleges shall serve as
  408  the Chancellor of the Florida Community College System until the
  409  state board selects a chancellor.
  410         (4) POWERS AND DUTIES.—Effective October 1, 2017, the state
  411  board shall regulate, control, and be responsible for the
  412  management of the Florida Community College System.
  413         (5) ORGANIZATION.—The state board shall, by September 30,
  414  2017, conduct an organizational meeting to adopt bylaws, elect a
  415  chair and vice chair from the membership, and fix dates and
  416  places for regular meetings.
  417         Section 5. Subsection (18) is added to section 112.313,
  418  Florida Statutes, to read:
  419         112.313 Standards of conduct for public officers, employees
  420  of agencies, and local government attorneys.—
  421         (18) STATE BOARD OF COMMUNITY COLLEGES AND BOARDS OF
  422  TRUSTEES.—A citizen member of the State Board of Community
  423  Colleges or a citizen member of a Florida Community College
  424  System institution board of trustees may not have or hold an
  425  employment or contractual relationship as a legislative lobbyist
  426  requiring annual registration and reporting pursuant to s.
  427  11.045.
  428         Section 6. Paragraph (c) of subsection (1) of section
  429  112.3145, Florida Statutes, is amended to read:
  430         112.3145 Disclosure of financial interests and clients
  431  represented before agencies.—
  432         (1) For purposes of this section, unless the context
  433  otherwise requires, the term:
  434         (c) “State officer” means:
  435         1. Any elected public officer, excluding those elected to
  436  the United States Senate and House of Representatives, not
  437  covered elsewhere in this part and any person who is appointed
  438  to fill a vacancy for an unexpired term in such an elective
  439  office.
  440         2. An appointed member of each board, commission,
  441  authority, or council having statewide jurisdiction, excluding a
  442  member of an advisory body.
  443         3. A member of the Board of Governors of the State
  444  University System or a state university board of trustees, the
  445  Chancellor and Vice Chancellors of the State University System,
  446  and the president of a state university; or a member of the
  447  State Board of Community Colleges and the Chancellor of the
  448  Florida Community College System.
  449         4. A member of the judicial nominating commission for any
  450  district court of appeal or any judicial circuit.
  451         Section 7. Subsections (2) and (4) of section 1000.03,
  452  Florida Statutes, are amended to read:
  453         1000.03 Function, mission, and goals of the Florida K-20
  454  education system.—
  455         (2)(a) The Legislature shall establish education policy,
  456  enact education laws, and appropriate and allocate education
  457  resources.
  458         (b) With the exception of matters relating to the State
  459  University System and the Florida Community College System, the
  460  State Board of Education shall oversee the enforcement of all
  461  laws and rules, and the timely provision of direction,
  462  resources, assistance, intervention when needed, and strong
  463  incentives and disincentives to force accountability for
  464  results.
  465         (c) The Board of Governors shall oversee the enforcement of
  466  all state university laws and rules and regulations and the
  467  timely provision of direction, resources, assistance,
  468  intervention when needed, and strong incentives and
  469  disincentives to force accountability for results.
  470         (d) The State Board of Community Colleges shall oversee the
  471  enforcement of all Florida Community College System laws and
  472  rules and the timely provision of direction, resources,
  473  assistance, intervention when needed, and strong incentives and
  474  disincentives to force accountability for results.
  475         (4) The mission of Florida’s K-20 education system is to
  476  allow its students to increase their proficiency by allowing
  477  them the opportunity to expand their knowledge and skills
  478  through rigorous and relevant learning opportunities, in
  479  accordance with the mission of the applicable career center or
  480  system statement and the accountability requirements of s.
  481  1008.31, and to avoid wasteful duplication of programs offered
  482  by state universities, Florida Community College System
  483  institutions, and career centers and charter technical career
  484  centers that are operated by a district school board or a
  485  Florida Community College System institution board of trustees.
  486         Section 8. Paragraph (d) of subsection (3) and subsections
  487  (5) and (6) of section 1000.05, Florida Statutes, are amended to
  488  read:
  489         1000.05 Discrimination against students and employees in
  490  the Florida K-20 public education system prohibited; equality of
  491  access required.—
  492         (3)
  493         (d) A public K-20 educational institution which operates or
  494  sponsors interscholastic, intercollegiate, club, or intramural
  495  athletics shall provide equal athletic opportunity for members
  496  of both genders.
  497         1. The Board of Governors shall determine whether equal
  498  opportunities are available at state universities.
  499         2. The Commissioner of Education, for school districts, and
  500  the Chancellor of the Florida Community College System, for
  501  Florida Community College System institutions, shall determine
  502  whether equal opportunities are available in school districts
  503  and Florida Community College System institutions. In
  504  determining whether equal opportunities are available in school
  505  districts and Florida Community College System institutions, the
  506  Commissioner of Education and the Chancellor of the Florida
  507  Community College System shall consider, among other factors:
  508         a. Whether the selection of sports and levels of
  509  competition effectively accommodate the interests and abilities
  510  of members of both genders.
  511         b. The provision of equipment and supplies.
  512         c. Scheduling of games and practice times.
  513         d. Travel and per diem allowances.
  514         e. Opportunities to receive coaching and academic tutoring.
  515         f. Assignment and compensation of coaches and tutors.
  516         g. Provision of locker room, practice, and competitive
  517  facilities.
  518         h. Provision of medical and training facilities and
  519  services.
  520         i. Provision of housing and dining facilities and services.
  521         j. Publicity.
  522  
  523  Unequal aggregate expenditures for members of each gender or
  524  unequal expenditures for male and female teams if a public
  525  school or Florida Community College System institution operates
  526  or sponsors separate teams do not constitute nonimplementation
  527  of this subsection, but the Commissioner of Education shall
  528  consider the failure to provide necessary funds for teams for
  529  one gender in assessing equality of opportunity for members of
  530  each gender.
  531         (5)(a) The State Board of Education shall adopt rules to
  532  implement this section as it relates to school districts and
  533  Florida College System institutions.
  534         (b) The Board of Governors shall adopt regulations to
  535  implement this section as it relates to state universities.
  536         (c) The State Board of Community Colleges shall adopt rules
  537  to implement this section as it relates to Florida Community
  538  College System institutions.
  539         (6) The functions of the State Board of Community Colleges
  540  for Florida Community College System institutions and the Office
  541  of Equal Educational Opportunity of the Department of Education
  542  shall include, but are not limited to:
  543         (a) Requiring all district school boards and Florida
  544  Community College System institution boards of trustees to
  545  develop and submit plans for the implementation of this section
  546  to the Department of Education.
  547         (b) Conducting periodic reviews of school districts and
  548  Florida Community College System institutions to determine
  549  compliance with this section and, after a finding that a school
  550  district or a Florida Community College System institution is
  551  not in compliance with this section, notifying the entity of the
  552  steps that it must take to attain compliance and performing
  553  followup monitoring.
  554         (c) Providing technical assistance, including assisting
  555  school districts or Florida Community College System
  556  institutions in identifying unlawful discrimination and
  557  instructing them in remedies for correction and prevention of
  558  such discrimination and performing followup monitoring.
  559         (d) Conducting studies of the effectiveness of methods and
  560  strategies designed to increase the participation of students in
  561  programs and courses in which students of a particular race,
  562  ethnicity, national origin, gender, disability, or marital
  563  status have been traditionally underrepresented and monitoring
  564  the success of students in such programs or courses, including
  565  performing followup monitoring.
  566         (e) Requiring all district school boards and Florida
  567  Community College System institution boards of trustees to
  568  submit data and information necessary to determine compliance
  569  with this section. The Commissioner of Education, for school
  570  districts, and the Chancellor of the Florida Community College
  571  System, for Florida Community College System institutions, shall
  572  prescribe the format and the date for submission of such data
  573  and any other educational equity data. If any board does not
  574  submit the required compliance data or other required
  575  educational equity data by the prescribed date, the commissioner
  576  shall notify the board of this fact and, if the board does not
  577  take appropriate action to immediately submit the required
  578  report, the State Board of Education shall impose monetary
  579  sanctions.
  580         (f) Based upon rules of the State Board of Education, for
  581  school districts, and the State Board of Community Colleges, for
  582  Florida Community College System institutions, developing and
  583  implementing enforcement mechanisms with appropriate penalties
  584  to ensure that public K-12 schools and Florida Community College
  585  System institutions comply with Title IX of the Education
  586  Amendments of 1972 and subsection (3) of this section. However,
  587  the State Board of Education may not force a public school or
  588  Florida Community College System institution to conduct, nor
  589  penalize such entity for not conducting, a program of athletic
  590  activity or athletic scholarship for female athletes unless it
  591  is an athletic activity approved for women by a recognized
  592  association whose purpose is to promote athletics and a
  593  conference or league exists to promote interscholastic or
  594  intercollegiate competition for women in that athletic activity.
  595         (g) Reporting to the Commissioner of Education, for school
  596  districts, or to the Chancellor of the Florida Community College
  597  System, for Florida Community College System institutions, any
  598  district school board or Florida Community College System
  599  institution board of trustees found to be out of compliance with
  600  rules of the State Board of Education or the State Board of
  601  Community Colleges adopted as required by paragraph (f) or
  602  paragraph (3)(d). To penalize the respective board, the State
  603  Board of Education or the State Board of Community Colleges, as
  604  applicable, shall:
  605         1. Declare the school district or Florida Community College
  606  System institution ineligible for competitive state grants.
  607         2. Notwithstanding the provisions of s. 216.192, direct the
  608  Chief Financial Officer to withhold general revenue funds
  609  sufficient to obtain compliance from the school district or
  610  Florida Community College System institution.
  611  
  612  The school district or Florida Community College System
  613  institution shall remain ineligible and the funds may shall not
  614  be paid until the institution comes into compliance or the State
  615  Board of Education or the State Board of Community Colleges, as
  616  applicable, approves a plan for compliance.
  617         Section 9. Section 1001.02, Florida Statutes, is amended to
  618  read:
  619         1001.02 General powers of State Board of Education.—
  620         (1) The State Board of Education is the chief implementing
  621  and coordinating body of public education in Florida except for
  622  the State University System and the Florida Community College
  623  System, and it shall focus on high-level policy decisions. It
  624  has authority to adopt rules pursuant to ss. 120.536(1) and
  625  120.54 to implement the provisions of law conferring duties upon
  626  it for the improvement of the state system of K-20 public
  627  education except for the State University System and the Florida
  628  Community College System. Except as otherwise provided herein,
  629  it may, as it finds appropriate, delegate its general powers to
  630  the Commissioner of Education or the directors of the divisions
  631  of the department.
  632         (2) The State Board of Education has the following duties:
  633         (a) To adopt comprehensive educational objectives for
  634  public education except for the State University System and the
  635  Florida Community College System.
  636         (b) To adopt comprehensive long-range plans and short-range
  637  programs for the development of the state system of public
  638  education except for the State University System and the Florida
  639  Community College System.
  640         (c) To exercise general supervision over the divisions of
  641  the Department of Education as necessary to ensure coordination
  642  of educational plans and programs and resolve controversies and
  643  to minimize problems of articulation and student transfers, to
  644  ensure that students moving from one level of education to the
  645  next have acquired competencies necessary for satisfactory
  646  performance at that level, and to ensure maximum utilization of
  647  facilities.
  648         (d) To adopt, in consultation with the Board of Governors
  649  and the State Board of Community Colleges, and from time to time
  650  modify, minimum and uniform standards of college-level
  651  communication and computation skills generally associated with
  652  successful performance and progression through the baccalaureate
  653  level and to identify college-preparatory high school coursework
  654  and postsecondary-level coursework that prepares students with
  655  the academic skills necessary to succeed in postsecondary
  656  education.
  657         (e) To adopt and submit to the Governor and Legislature, as
  658  provided in s. 216.023, a coordinated K-20 education budget that
  659  estimates the expenditure requirements for the Board of
  660  Governors, as provided in s. 1001.706, the State Board of
  661  Education, including the Department of Education and the
  662  Commissioner of Education, and all of the boards, institutions,
  663  agencies, and services under the general supervision of the
  664  Board of Governors, as provided in s. 1001.706, the State Board
  665  of Community Colleges, as provided in s. 1001.602, or the State
  666  Board of Education for the ensuing fiscal year. The State Board
  667  of Education may not amend the budget request submitted by the
  668  Board of Governors or the State Board of Community Colleges. Any
  669  program recommended by the Board of Governors, the State Board
  670  of Community Colleges, or the State Board of Education which
  671  will require increases in state funding for more than 1 year
  672  must be presented in a multiyear budget plan.
  673         (f) To hold meetings, transact business, keep records,
  674  adopt a seal, and, except as otherwise provided by law, perform
  675  such other duties as may be necessary for the enforcement of
  676  laws and rules relating to the state system of public education.
  677         (g) To approve plans for cooperating with the Federal
  678  Government.
  679         (h) To approve plans for cooperating with other public
  680  agencies in the development of rules and in the enforcement of
  681  laws for which the state board and such agencies are jointly
  682  responsible.
  683         (i) To review plans for cooperating with appropriate
  684  nonpublic agencies for the improvement of conditions relating to
  685  the welfare of schools.
  686         (j) To create such subordinate advisory bodies as are
  687  required by law or as it finds necessary for the improvement of
  688  education.
  689         (k) To constitute any education bodies or other structures
  690  as required by federal law.
  691         (l) To assist in the economic development of the state by
  692  developing a state-level planning process to identify future
  693  training needs for industry, especially high-technology
  694  industry.
  695         (m) To assist in the planning and economic development of
  696  the state by establishing a clearinghouse for information on
  697  educational programs of value to economic development.
  698         (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
  699  120.54, within statutory authority.
  700         (o) To authorize the allocation of resources in accordance
  701  with law and rule.
  702         (p) To contract with independent institutions accredited by
  703  an agency whose standards are comparable to the minimum
  704  standards required to operate a postsecondary career center
  705  educational institution at that level in the state. The purpose
  706  of the contract is to provide those educational programs and
  707  facilities which will meet needs unfulfilled by the state system
  708  of public postsecondary education.
  709         (q) To recommend that a district school board take action
  710  consistent with the state board’s decision relating to an appeal
  711  of a charter school application.
  712         (r) To enforce systemwide education goals and policies
  713  except as otherwise provided by law.
  714         (s) To establish a detailed procedure for the
  715  implementation and operation of a systemwide K-20 technology
  716  plan that is based on a common set of data definitions.
  717         (t) To establish accountability standards for existing
  718  legislative performance goals, standards, and measures, and
  719  order the development of mechanisms to implement new legislative
  720  goals, standards, and measures.
  721         (u) To adopt criteria and implementation plans for future
  722  growth issues, such as new Florida College System institutions
  723  and Florida College System institution campus mergers, and to
  724  provide for cooperative agreements between and within public and
  725  private education sectors.
  726         (v) To develop, in conjunction with the Board of Governors
  727  and the State Board of Community Colleges, and periodically
  728  review for adjustment, a coordinated 5-year plan for
  729  postsecondary enrollment, identifying enrollment and graduation
  730  expectations by baccalaureate degree program, and annually
  731  submit the plan to the Legislature as part of its legislative
  732  budget request.
  733         (w) Beginning in the 2014-2015 academic year and annually
  734  thereafter, to require each Florida College System institution
  735  prior to registration to provide each enrolled student
  736  electronic access to the economic security report of employment
  737  and earning outcomes prepared by the Department of Economic
  738  Opportunity pursuant to s. 445.07.
  739         (3)(a) The State Board of Education shall adopt a strategic
  740  plan that specifies goals and objectives for the state’s public
  741  schools and Florida College System institutions. The plan shall
  742  be formulated in conjunction with plans of the Board of
  743  Governors and the State Board of Community Colleges in order to
  744  provide for the roles of the universities and Florida Community
  745  College System institutions to be coordinated to best meet state
  746  needs and reflect cost-effective use of state resources. The
  747  strategic plan must clarify the mission statements of each
  748  Florida Community College System institution and the system as a
  749  whole and identify degree programs, including baccalaureate
  750  degree programs, to be offered at each Florida Community College
  751  System institution in accordance with the objectives provided in
  752  this subsection and the coordinated 5-year plan pursuant to
  753  paragraph (2)(v). The strategic plan must cover a period of 5
  754  years, with modification of the program lists after 2 years.
  755  Development of each 5-year plan must be coordinated with and
  756  initiated after completion of the master plan. The strategic
  757  plans must specifically include programs and procedures for
  758  responding to the educational needs of teachers and students in
  759  the public schools of this state and consider reports and
  760  recommendations of the Higher Education Coordinating Council
  761  pursuant to s. 1004.015 and the Articulation Coordinating
  762  Committee pursuant to s. 1007.01. The state board shall submit a
  763  report to the President of the Senate and the Speaker of the
  764  House of Representatives upon modification of the plan and as
  765  part of its legislative budget request.
  766         (b) The State Board of Education, and the Board of
  767  Governors, and the State Board of Community Colleges shall
  768  jointly develop long-range plans and annual reports for
  769  financial aid in this state. The long-range plans shall
  770  establish goals and objectives for a comprehensive program of
  771  financial aid for Florida students and shall be updated every 5
  772  years. The annual report shall include programs administered by
  773  the department as well as awards made from financial aid fee
  774  revenues, any other funds appropriated by the Legislature for
  775  financial assistance, and the value of tuition and fees waived
  776  for students enrolled in a dual enrollment course at a public
  777  postsecondary educational institution. The annual report shall
  778  include an assessment of progress made in achieving goals and
  779  objectives established in the long-range plans and
  780  recommendations for repealing or modifying existing financial
  781  aid programs or establishing new programs. A long-range plan
  782  shall be submitted by January 1, 2004, and every 5 years
  783  thereafter. An annual report shall be submitted on January 1,
  784  2004, and in each successive year that a long-range plan is not
  785  submitted, to the President of the Senate and the Speaker of the
  786  House of Representatives.
  787         (4) The State Board of Education shall:
  788         (a) Provide for each Florida College System institution to
  789  offer educational training and service programs designed to meet
  790  the needs of both students and the communities served.
  791         (b) Specify, by rule, procedures to be used by the Florida
  792  College System institution boards of trustees in the annual
  793  evaluations of presidents and review the evaluations of
  794  presidents by the boards of trustees, including the extent to
  795  which presidents serve both institutional and system goals.
  796         (c) Establish, in conjunction with the Board of Governors,
  797  an effective information system that will provide composite data
  798  concerning the Florida College System institutions and state
  799  universities and ensure that special analyses and studies
  800  concerning the institutions are conducted, as necessary, for
  801  provision of accurate and cost-effective information concerning
  802  the institutions.
  803         (d) Establish criteria for making recommendations for
  804  modifying district boundary lines for Florida College System
  805  institutions, including criteria for service delivery areas of
  806  Florida College System institutions authorized to grant
  807  baccalaureate degrees.
  808         (e) Establish criteria for making recommendations
  809  concerning all proposals for the establishment of additional
  810  centers or campuses for Florida College System institutions.
  811         (f) Examine the annual administrative review of each
  812  Florida College System institution.
  813         (g) adopt and submit to the Legislature a 3-year list of
  814  priorities for fixed-capital-outlay projects. The State Board of
  815  Education may not amend the 3-year list of priorities of the
  816  Board of Governors or the State Board of Community Colleges.
  817         (5) The State Board of Education is responsible for
  818  reviewing and administering the state program of support for the
  819  Florida College System institutions and, subject to existing
  820  law, shall establish the tuition and out-of-state fees for
  821  developmental education and for credit instruction that may be
  822  counted toward an associate in arts degree, an associate in
  823  applied science degree, or an associate in science degree.
  824         (6) The State Board of Education shall prescribe minimum
  825  standards, definitions, and guidelines for Florida College
  826  System institutions that will ensure the quality of education,
  827  coordination among the Florida College System institutions and
  828  state universities, and efficient progress toward accomplishing
  829  the Florida College System institution mission. At a minimum,
  830  these rules must address:
  831         (a) Personnel.
  832         (b) Contracting.
  833         (c) Program offerings and classification, including
  834  college-level communication and computation skills associated
  835  with successful performance in college and with tests and other
  836  assessment procedures that measure student achievement of those
  837  skills. The performance measures must provide that students
  838  moving from one level of education to the next acquire the
  839  necessary competencies for that level.
  840         (d) Provisions for curriculum development, graduation
  841  requirements, college calendars, and program service areas.
  842  These provisions must include rules that:
  843         1. Provide for the award of an associate in arts degree to
  844  a student who successfully completes 60 semester credit hours at
  845  the Florida College System institution.
  846         2. Require all of the credits accepted for the associate in
  847  arts degree to be in the statewide course numbering system as
  848  credits toward a baccalaureate degree offered by a state
  849  university or a Florida College System institution.
  850         3. Require no more than 36 semester credit hours in general
  851  education courses in the subject areas of communication,
  852  mathematics, social sciences, humanities, and natural sciences.
  853  
  854  The rules should encourage Florida College System institutions
  855  to enter into agreements with state universities that allow
  856  Florida College System institution students to complete upper
  857  division-level courses at a Florida College System institution.
  858  An agreement may provide for concurrent enrollment at the
  859  Florida College System institution and the state university and
  860  may authorize the Florida College System institution to offer an
  861  upper-division-level course or distance learning.
  862         (e) Student admissions, conduct and discipline,
  863  nonclassroom activities, and fees.
  864         (f) Budgeting.
  865         (g) Business and financial matters.
  866         (h) Student services.
  867         (i) Reports, surveys, and information systems, including
  868  forms and dates of submission.
  869         Section 10. Subsections (7) through (17) of section
  870  1001.03, Florida Statutes, are amended to read:
  871         1001.03 Specific powers of State Board of Education.—
  872         (7) ARTICULATION ACCOUNTABILITY.—The State Board of
  873  Education shall develop articulation accountability measures
  874  that assess the status of systemwide articulation processes, in
  875  conjunction with the Board of Governors regarding the State
  876  University System and the State Board of Community Colleges
  877  regarding the Florida Community College System, and shall
  878  establish an articulation accountability process in accordance
  879  with the provisions of chapter 1008, in conjunction with the
  880  Board of Governors regarding the State University System and the
  881  State Board of Community Colleges regarding the Florida
  882  Community College System.
  883         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  884  shall enforce compliance with law and state board rule by all
  885  school districts and public postsecondary educational
  886  institutions, except for institutions within the State
  887  University System and the Florida Community College System, in
  888  accordance with the provisions of s. 1008.32.
  889         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
  890  Education, in conjunction with the Board of Governors regarding
  891  the State University System and the State Board of Community
  892  Colleges regarding the Florida Community College System, shall
  893  continue to collect and maintain, at a minimum, the management
  894  information databases for state universities, community
  895  colleges, and all other components of the public K-20 education
  896  system as such databases existed on June 30, 2002.
  897         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
  898  EDUCATION.—The State Board of Education, in conjunction with the
  899  Board of Governors, shall develop and implement a common
  900  placement test to assess the basic computation and communication
  901  skills of students who intend to enter a degree program at any
  902  Florida College System institution or state university.
  903         (10)(11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
  904  EDUCATION.—The State Board of Education shall adopt minimum
  905  standards relating to nonpublic postsecondary education and
  906  institutions, in accordance with the provisions of chapter 1005.
  907         (12) COMMON POSTSECONDARY DEFINITIONS.—The State Board of
  908  Education shall adopt, by rule, common definitions for associate
  909  in science degrees and for certificates.
  910         (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The
  911  State Board of Education shall provide for the cyclic review of
  912  all academic programs in Florida College System institutions at
  913  least every 7 years. Program reviews shall document how
  914  individual academic programs are achieving stated student
  915  learning and program objectives within the context of the
  916  institution’s mission. The results of the program reviews shall
  917  inform strategic planning, program development, and budgeting
  918  decisions at the institutional level.
  919         (11)(14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
  920  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of
  921  Education shall maintain a uniform classification system for
  922  school district administrative and management personnel that
  923  will facilitate the uniform coding of administrative and
  924  management personnel to total district employees.
  925         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
  926  DEGREE PROGRAMS.—The State Board of Education shall provide for
  927  the review and approval of proposals by Florida College System
  928  institutions to offer baccalaureate degree programs pursuant to
  929  s. 1007.33. A Florida College System institution, as defined in
  930  s. 1000.21, that is approved to offer baccalaureate degrees
  931  pursuant to s. 1007.33 remains under the authority of the State
  932  Board of Education and the Florida College System institution’s
  933  board of trustees. The State Board of Education may not approve
  934  Florida College System institution baccalaureate degree program
  935  proposals from March 31, 2014, through May 31, 2015.
  936         (16) PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
  937  the State Board of Education shall identify performance metrics
  938  for the Florida College System and develop a plan that specifies
  939  goals and objectives for each Florida College System
  940  institution. The plan must include:
  941         (a) Performance metrics and standards common for all
  942  institutions and metrics and standards unique to institutions
  943  depending on institutional core missions, including, but not
  944  limited to, remediation success, retention, graduation,
  945  employment, transfer rates, licensure passage, excess hours,
  946  student loan burden and default rates, job placement, faculty
  947  awards, and highly respected rankings for institution and
  948  program achievements.
  949         (b) Student enrollment and performance data delineated by
  950  method of instruction, including, but not limited to,
  951  traditional, online, and distance learning instruction.
  952         (12)(17) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
  953  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
  954  Education, in consultation with the Board of Governors, the
  955  State Board of Community Colleges, and the Department of
  956  Economic Opportunity, shall adopt a unified state plan to
  957  improve K-20 STEM education and prepare students for high-skill,
  958  high-wage, and high-demand employment in STEM and STEM-related
  959  fields.
  960         Section 11. Subsection (1), paragraphs (g) and (j) of
  961  subsection (6), and subsection (7) of section 1001.10, Florida
  962  Statutes, are amended to read:
  963         1001.10 Commissioner of Education; general powers and
  964  duties.—
  965         (1) The Commissioner of Education is the chief educational
  966  officer of the state and the sole custodian of the K-20 data
  967  warehouse, and is responsible for giving full assistance to the
  968  State Board of Education in enforcing compliance with the
  969  mission and goals of the K-20 education system except for the
  970  State University System and the Florida Community College
  971  System.
  972         (6) Additionally, the commissioner has the following
  973  general powers and duties:
  974         (g) To submit to the State Board of Education, on or before
  975  October 1 of each year, recommendations for a coordinated K-20
  976  education budget that estimates the expenditures for the Board
  977  of Governors, the State Board of Community Colleges, the State
  978  Board of Education, including the Department of Education and
  979  the Commissioner of Education, and all of the boards,
  980  institutions, agencies, and services under the general
  981  supervision of the Board of Governors, the State Board of
  982  Community Colleges, or the State Board of Education for the
  983  ensuing fiscal year. Any program recommended to the State Board
  984  of Education that will require increases in state funding for
  985  more than 1 year must be presented in a multiyear budget plan.
  986         (j) To implement a program of school improvement and
  987  education accountability designed to provide all students the
  988  opportunity to make adequate learning gains in each year of
  989  school as provided by statute and State Board of Education rule
  990  based upon the achievement of the state education goals,
  991  recognizing the following:
  992         1. The district school board is responsible for school and
  993  student performance.
  994         2. The individual school is the unit for education
  995  accountability.
  996         3. The Florida College System institution board of trustees
  997  is responsible for Florida College System institution
  998  performance and student performance.
  999         (7) The commissioner, or the commissioner’s designee, may
 1000  conduct a review or investigation of practices, procedures, or
 1001  actions at any Florida College System institution which appear
 1002  to be inconsistent with sound financial, management, or academic
 1003  practice.
 1004         Section 12. Paragraphs (c) through (f) of subsection (1)
 1005  and subsection (3) of section 1001.11, Florida Statutes, are
 1006  amended to read:
 1007         1001.11 Commissioner of Education; other duties.—
 1008         (1) The Commissioner of Education must independently
 1009  perform the following duties:
 1010         (c) In cooperation with the Board of Governors and the
 1011  State Board of Community Colleges, develop and implement a
 1012  process for receiving and processing requests, in conjunction
 1013  with the Legislature, for the allocation of PECO funds for
 1014  qualified postsecondary education projects.
 1015         (d) Integrally work with the boards of trustees of the
 1016  Florida College System institutions.
 1017         (d)(e) Monitor the activities of the State Board of
 1018  Education and provide information related to current and pending
 1019  policies to the members of the boards of trustees of the Florida
 1020  Community College System institutions and state universities.
 1021         (e)(f) Ensure the timely provision of information requested
 1022  by the Legislature from the State Board of Education, the
 1023  commissioner’s office, and the Department of Education.
 1024         (3) Notwithstanding any other provision of law to the
 1025  contrary, the Commissioner of Education, in conjunction with the
 1026  Legislature, and the Board of Governors regarding the State
 1027  University System, and the State Board of Community Colleges
 1028  regarding the Florida Community College System, must recommend
 1029  funding priorities for the distribution of capital outlay funds
 1030  for public postsecondary educational institutions, based on
 1031  priorities that include, but are not limited to, the following
 1032  criteria:
 1033         (a) Growth at the institutions.
 1034         (b) Need for specific skills statewide.
 1035         (c) Need for maintaining and repairing existing facilities.
 1036         Section 13. Paragraph (e) of subsection (4) of section
 1037  1001.20, Florida Statutes, is amended to read:
 1038         1001.20 Department under direction of state board.—
 1039         (4) The Department of Education shall establish the
 1040  following offices within the Office of the Commissioner of
 1041  Education which shall coordinate their activities with all other
 1042  divisions and offices:
 1043         (e) Office of Inspector General.—Organized using existing
 1044  resources and funds and responsible for promoting
 1045  accountability, efficiency, and effectiveness and detecting
 1046  fraud and abuse within school districts and, the Florida School
 1047  for the Deaf and the Blind, and Florida College System
 1048  institutions in Florida. If the Commissioner of Education
 1049  determines that a district school board or, the Board of
 1050  Trustees for the Florida School for the Deaf and the Blind, or a
 1051  Florida College System institution board of trustees is
 1052  unwilling or unable to address substantiated allegations made by
 1053  any person relating to waste, fraud, or financial mismanagement
 1054  within the school district or, the Florida School for the Deaf
 1055  and the Blind, or the Florida College System institution, the
 1056  office shall conduct, coordinate, or request investigations into
 1057  such substantiated allegations. The office shall have access to
 1058  all information and personnel necessary to perform its duties
 1059  and shall have all of its current powers, duties, and
 1060  responsibilities authorized in s. 20.055.
 1061         Section 14. Section 1001.28, Florida Statutes, is amended
 1062  to read:
 1063         1001.28 Distance learning duties.—The duties of the
 1064  Department of Education concerning distance learning include,
 1065  but are not limited to, the duty to:
 1066         (1) Facilitate the implementation of a statewide
 1067  coordinated system and resource system for cost-efficient
 1068  advanced telecommunications services and distance education
 1069  which will increase overall student access to education.
 1070         (2) Coordinate the use of existing resources, including,
 1071  but not limited to, the state’s satellite transponders, the
 1072  Florida Information Resource Network (FIRN), and distance
 1073  learning initiatives.
 1074         (3) Assist in the coordination of the utilization of the
 1075  production and uplink capabilities available through Florida’s
 1076  public television stations, eligible facilities, independent
 1077  colleges and universities, private firms, and others as needed.
 1078         (4) Seek the assistance and cooperation of Florida’s cable
 1079  television providers in the implementation of the statewide
 1080  advanced telecommunications services and distance learning
 1081  network.
 1082         (5) Seek the assistance and cooperation of Florida’s
 1083  telecommunications carriers to provide affordable student access
 1084  to advanced telecommunications services and to distance
 1085  learning.
 1086         (6) Coordinate partnerships for development, acquisition,
 1087  use, and distribution of distance learning.
 1088         (7) Secure and administer funding for programs and
 1089  activities for distance learning from federal, state, local, and
 1090  private sources and from fees derived from services and
 1091  materials.
 1092         (8) Hire appropriate staff which may include a position
 1093  that shall be exempt from part II of chapter 110 and is included
 1094  in the Senior Management Service in accordance with s. 110.205.
 1095  
 1096  Nothing in this section shall be construed to abrogate,
 1097  supersede, alter, or amend the powers and duties of any state
 1098  agency, district school board, Florida Community College System
 1099  institution board of trustees, university board of trustees, the
 1100  Board of Governors, the State Board of Community Colleges, or
 1101  the State Board of Education.
 1102         Section 15. Effective July 1, 2017, subsection (26) of
 1103  section 1001.42, Florida Statutes, is amended to read:
 1104         1001.42 Powers and duties of district school board.—The
 1105  district school board, acting as a board, shall exercise all
 1106  powers and perform all duties listed below:
 1107         (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a
 1108  governing board for a school district technical center or a
 1109  system of technical centers for the purpose of aligning the
 1110  educational programs of the technical center with the needs of
 1111  local businesses and responding quickly to the needs of local
 1112  businesses for employees holding industry certifications. A
 1113  technical center governing board shall be comprised of seven
 1114  members, three of whom must be members of the district school
 1115  board or their designees and four of whom must be local business
 1116  leaders. The district school board shall delegate to the
 1117  technical center governing board decisions regarding entrance
 1118  requirements for students, curriculum, program development,
 1119  budget and funding allocations, and the development with local
 1120  businesses of partnership agreements and appropriate industry
 1121  certifications in order to meet local and regional economic
 1122  needs. A technical center governing board may approve only
 1123  courses and programs that contain industry certifications. A
 1124  course may be continued if at least 25 percent of the students
 1125  enrolled in the course attain an industry certification. If
 1126  fewer than 25 percent of the students enrolled in a course
 1127  attain an industry certification, the course must be
 1128  discontinued the following year. However, notwithstanding the
 1129  authority to approve courses and programs under this subsection,
 1130  a technical center governing board may not approve a college
 1131  credit course or a college credit certificate or an associate
 1132  degree or baccalaureate degree program.
 1133         Section 16. Effective July 1, 2017, section 1001.44,
 1134  Florida Statutes, is amended to read:
 1135         1001.44 Career centers; governance, mission, and
 1136  responsibilities.—
 1137         (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
 1138  CENTERS.—Any district school board, after first obtaining the
 1139  approval of the Department of Education, may, as a part of the
 1140  district school system, organize, establish and operate a career
 1141  center, or acquire and operate a career center previously
 1142  established.
 1143         (a) The primary mission of a career center that is operated
 1144  by a district school board is to promote advances and
 1145  innovations in workforce preparation and economic development. A
 1146  career center may provide a learning environment that serves the
 1147  needs of a specific population group or group of occupations,
 1148  thus promoting diversity and choices within the public technical
 1149  education community in this state.
 1150         (b) A career center that is operated by a district school
 1151  board may not offer a college credit course or a college credit
 1152  certificate or an associate degree or baccalaureate degree
 1153  program.
 1154         (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
 1155  ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
 1156  of any two or more contiguous districts may, upon first
 1157  obtaining the approval of the department, enter into an
 1158  agreement to organize, establish and operate, or acquire and
 1159  operate, a career center under this section.
 1160         (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
 1161  BY A DIRECTOR.—
 1162         (a) A career center established or acquired under
 1163  provisions of law and minimum standards prescribed by the
 1164  commissioner shall comprise a part of the district school system
 1165  and shall mean an educational institution offering terminal
 1166  courses of a technical nature which are not for college credit,
 1167  and courses for out-of-school youth and adults; shall be subject
 1168  to all applicable provisions of this code; shall be under the
 1169  control of the district school board of the school district in
 1170  which it is located; and shall be directed by a director
 1171  responsible through the district school superintendent to the
 1172  district school board of the school district in which the center
 1173  is located.
 1174         (b) Each career center shall maintain an academic
 1175  transcript for each student enrolled in the center. Such
 1176  transcript shall delineate each course completed by the student.
 1177  Courses shall be delineated by the course prefix and title
 1178  assigned pursuant to s. 1007.24. The center shall make a copy of
 1179  a student’s transcript available to any student who requests it.
 1180         Section 17. Effective July 1, 2017, section 1001.60,
 1181  Florida Statutes, is amended to read:
 1182         1001.60 Florida Community College System.—
 1183         (1) PURPOSES.—In order to maximize open access for
 1184  students, respond to community needs for postsecondary academic
 1185  education and career degree education, and provide associate and
 1186  baccalaureate degrees that will best meet the state’s employment
 1187  needs, the Legislature establishes a system of governance for
 1188  the Florida Community College System.
 1189         (2) FLORIDA COMMUNITY COLLEGE SYSTEM.—There shall be a
 1190  single Florida Community College System comprised of the Florida
 1191  Community College System institutions identified in s.
 1192  1000.21(3). A Florida Community College System institution may
 1193  not offer graduate degree programs.
 1194         (a) The programs and services offered by Florida Community
 1195  College System institutions in providing associate and
 1196  baccalaureate degrees shall be delivered in a cost-effective
 1197  manner that demonstrates substantial savings to the student and
 1198  to the state over the cost of providing the degree at a state
 1199  university.
 1200         (b)1. With the approval of its district board of trustees,
 1201  a Florida Community College System institution may change the
 1202  institution’s name set forth in s. 1000.21(3) and use the
 1203  designation “college” or “state college” if it has been
 1204  authorized to grant baccalaureate degrees pursuant to s. 1007.33
 1205  and has been accredited as a baccalaureate-degree-granting
 1206  institution by the Commission on Colleges of the Southern
 1207  Association of Colleges and Schools.
 1208         2. With the approval of its district board of trustees, a
 1209  Florida Community College System institution that does not meet
 1210  the criteria in subparagraph 1. may request approval from the
 1211  State Board of Education to change the institution’s name set
 1212  forth in s. 1000.21(3) and use the designation “college.” The
 1213  State Board of Community Colleges Education may approve the
 1214  request if the Florida Community College System institution
 1215  enters into an agreement with the State Board of Community
 1216  Colleges Education to do the following:
 1217         a. Maintain as its primary mission responsibility for
 1218  responding to community needs for postsecondary academic
 1219  education and career degree education as prescribed in s.
 1220  1004.65(5).
 1221         b. Maintain an open-door admissions policy for associate
 1222  level degree programs and workforce education programs.
 1223         c. Continue to provide outreach to underserved populations.
 1224         d. Continue to provide remedial education.
 1225         e. Comply with all provisions of the statewide articulation
 1226  agreement that relate to 2-year and 4-year public degree
 1227  granting institutions as adopted by the State Board of Community
 1228  Colleges Education pursuant to s. 1007.23.
 1229         (c) A district board of trustees that approves a change to
 1230  the name of an institution under paragraph (b) must seek
 1231  statutory codification of such name change in s. 1000.21(3)
 1232  during the next regular legislative session.
 1233         (d) A Florida Community College System institution may not
 1234  use the designation “university.”
 1235         (3) LOCAL BOARDS OF TRUSTEES.—Each institution within the
 1236  Florida Community College System shall be governed by a local
 1237  board of trustees as provided in s. 1001.64. The membership of
 1238  each local board of trustees shall be as provided in s. 1001.61.
 1239         Section 18. Effective July 1, 2017, section 1001.601,
 1240  Florida Statutes, is created to read:
 1241         1001.601 State Board of Community Colleges of the Florida
 1242  Community College System.—
 1243         (1) The State Board of Community Colleges is established as
 1244  a body corporate consisting of 13 members, which shall consist
 1245  of the Commissioner of Education and 12 citizen members who are
 1246  appointed by the Governor in a manner that provides equitable
 1247  geographical representation.
 1248         (a)The 12 appointed citizen members must include a student
 1249  enrolled in a Florida Community College System institution and a
 1250  faculty member employed at a Florida Community College System
 1251  institution.
 1252         (b)Except for the student member, each citizen member must
 1253  be confirmed by the Senate and must reside and be registered to
 1254  vote in this state.
 1255         (c)Except for the student member, who shall serve a 1-year
 1256  term, appointed citizen members shall serve staggered 4-year
 1257  terms. In order to achieve staggered terms, beginning September
 1258  1, 2017, of the initial appointments, 3 members shall serve 2
 1259  year terms, 4 members shall serve 3-year terms, and 4 members
 1260  shall serve 4-year terms.
 1261         (2) Members of the State Board of Community Colleges may
 1262  not receive compensation but may be reimbursed for travel and
 1263  per diem expenses as provided in s. 112.061.
 1264         Section 19. Section 1001.602, Florida Statutes, is created
 1265  to read:
 1266         1001.602 Powers and duties of the State Board of Community
 1267  Colleges.—
 1268         (1)RESPONSIBILITIES.—The State Board of Community Colleges
 1269  is responsible for the efficient and effective operation and
 1270  maintenance of the Florida Community College System, as defined
 1271  in s. 1001.60. The State Board of Community Colleges may adopt
 1272  rules pursuant to ss. 120.536(1) and 120.54 to implement
 1273  provisions of law for the Florida Community College System. For
 1274  the purposes of this section, the State Board of Community
 1275  Colleges is referred to as the “state board.”
 1276         (2) DUTIES.—The state board has the following duties:
 1277         (a) Ensure Florida Community College System institutions
 1278  operate consistent with the mission of the system, pursuant to
 1279  s. 1004.65.
 1280         (b) Oversee the Florida Community College System and
 1281  coordinate with the Board of Governors and the State Board of
 1282  Education to avoid wasteful duplication of facilities or
 1283  programs.
 1284         (c) Provide for each Florida Community College System
 1285  institution to offer educational training and service programs
 1286  designed to meet the needs of both students and the communities
 1287  served.
 1288         (d) Hold meetings, transact business, keep records, and,
 1289  except as otherwise provided by law, perform such other duties
 1290  as may be necessary for the enforcement of laws and rules
 1291  relating to the Florida Community College System.
 1292         (e) Provide for the coordination of educational plans and
 1293  programs to resolve controversies, minimize problems of
 1294  articulation and student transfers, ensure that students moving
 1295  from one level of education to the next have acquired
 1296  competencies necessary for satisfactory performance at that
 1297  level, and ensure maximum utilization of facilities.
 1298         (f) Establish and review, in consultation with the State
 1299  Board of Education and the Board of Governors, minimum and
 1300  uniform standards of college-level communication and computation
 1301  skills generally associated with successful performance and
 1302  progression through the baccalaureate level, to identify
 1303  college-preparatory high school coursework and postsecondary
 1304  level coursework that prepares students with the academic skills
 1305  necessary to succeed in postsecondary education.
 1306         (g) Approve plans for cooperating with the Federal
 1307  Government.
 1308         (h) Approve plans for cooperating with other public
 1309  agencies in the development of rules and in the enforcement of
 1310  laws for which the state board and the agencies are jointly
 1311  responsible.
 1312         (i) Create subordinate advisory bodies if required by law
 1313  or as necessary for the improvement of the Florida Community
 1314  College System.
 1315         (j) Coordinate with the State Board of Education to collect
 1316  and maintain data for the Florida Community College System.
 1317         (k) Establish, in conjunction with the State Board of
 1318  Education and the Board of Governors, an effective information
 1319  system that will provide composite data concerning the Florida
 1320  Community College System institutions and state universities and
 1321  that will ensure that special analyses and studies concerning
 1322  the institutions are conducted, as necessary, for provision of
 1323  accurate and cost-effective information concerning the
 1324  institutions.
 1325         (l) Establish accountability standards for existing
 1326  legislative performance goals, standards, and measures, and
 1327  order the development of mechanisms to implement new legislative
 1328  goals, standards, and measures.
 1329         (m) Require each Florida Community College System
 1330  institution, before registration, to provide each enrolled
 1331  student electronic access to the economic security report of
 1332  employment and earning outcomes prepared by the Department of
 1333  Economic Opportunity pursuant to s. 445.07.
 1334         (n) Specify, by rule, procedures to be used by Florida
 1335  Community College System institution boards of trustees in the
 1336  annual evaluation of presidents, and review the evaluations of
 1337  presidents by the boards of trustees, including the extent to
 1338  which presidents serve both institutional and system goals.
 1339         (o) Establish, subject to existing law, the tuition and
 1340  out-of-state fees for developmental education and for credit
 1341  instruction that may be counted toward an associate in arts
 1342  degree, an associate in applied science degree, or an associate
 1343  in science degree.
 1344         (p) Develop, in conjunction with the Board of Governors and
 1345  the State Board of Education, and implement a common placement
 1346  test to assess the basic computation and communication skills of
 1347  students who intend to enter a degree program at a Florida
 1348  Community College System institution or state university.
 1349         (q) May direct the Chancellor of the Florida Community
 1350  College System to conduct investigations of practices,
 1351  procedures, or actions at a Florida Community College System
 1352  institution which appear to be inconsistent with sound
 1353  financial, management, or academic practice.
 1354         (r) Examine the annual administrative review of each
 1355  Florida Community College System institution.
 1356         (s) Through the Chancellor of the Florida Community College
 1357  System, integrally work with the boards of trustees of the
 1358  Florida Community College System institutions.
 1359         (t) Establish criteria for making recommendations
 1360  concerning all proposals to establish additional centers or
 1361  campuses for a Florida Community College System institution.
 1362         (3) PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with
 1363  the requirements under subsection (4) and the performance
 1364  metrics and standards adopted under ss. 1001.66 and 1001.67, the
 1365  state board shall identify performance metrics for the Florida
 1366  Community College System and develop a plan that specifies goals
 1367  and objectives for each Florida Community College System
 1368  institution. The plan must include:
 1369         (a) Performance metrics and standards common for all
 1370  institutions and metrics and standards unique to institutions
 1371  depending on institutional core missions, including, but not
 1372  limited to, remediation success, retention, graduation,
 1373  employment, transfer rates, licensure passage, excess hours,
 1374  student loan burden and default rates, job placement, faculty
 1375  awards, and highly respected rankings for institution and
 1376  program achievements.
 1377         (b) Student enrollment and performance data delineated by
 1378  method of instruction, including, but not limited to,
 1379  traditional, online, and distance learning instruction.
 1380         (4) STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.—
 1381         (a) The state board shall adopt a strategic plan that
 1382  specifies goals and objectives for the Florida Community College
 1383  System. The plan must be formulated in conjunction with plans of
 1384  the State Board of Education and the Board of Governors in order
 1385  to coordinate the roles of the school districts and universities
 1386  to best meet state needs and reflect cost-effective use of state
 1387  resources. The strategic plan must clarify the mission
 1388  statements of the Florida Community College System and each
 1389  Florida Community College System institution and identify degree
 1390  programs, including baccalaureate degree programs, to be offered
 1391  at each Florida Community College System institution in
 1392  accordance with the objectives provided in this subsection and
 1393  the coordinated 5-year plan pursuant to s. 1001.02(2)(v). The
 1394  strategic plan must cover a period of 5 years, with modification
 1395  of the program lists after 2 years. Development of each 5-year
 1396  plan must be coordinated with and initiated after completion of
 1397  the master plan. The strategic plan must consider reports and
 1398  recommendations of the Higher Education Coordinating Council
 1399  pursuant to s. 1004.015 and the Articulation Coordinating
 1400  Committee pursuant to s. 1007.01. Upon modification of the plan,
 1401  the state board shall submit a report to the President of the
 1402  Senate and the Speaker of the House of Representatives as part
 1403  of its legislative budget request.
 1404         (b) The state board, the State Board of Education, and the
 1405  Board of Governors shall jointly develop long-range plans and
 1406  annual reports for financial aid in this state. The long-range
 1407  plans must establish goals and objectives for a comprehensive
 1408  program of financial aid for students and shall be updated every
 1409  5 years. The annual report must include programs administered by
 1410  the department as well as awards made from financial aid fee
 1411  revenues, other funds appropriated by the Legislature for
 1412  financial assistance, and the value of tuition and fees waived
 1413  for students enrolled in a dual enrollment course at a public
 1414  postsecondary educational institution. The annual report must
 1415  include an assessment of the progress made in achieving goals
 1416  and objectives established in the long-range plans and must
 1417  include recommendations for repealing or modifying existing
 1418  financial aid programs or establishing new programs. The state
 1419  board, the State Board of Education, and the Board of Governors
 1420  shall submit their long-range plans by July 1, 2018, and every 5
 1421  years thereafter and shall submit their annual reports on July
 1422  1, 2018, and in each successive year that a long-range plan is
 1423  not submitted, to the President of the Senate and the Speaker of
 1424  the House of Representatives.
 1425         (c) The state board shall also:
 1426         1. Adopt comprehensive long-range plans and short-range
 1427  programs for the development of the Florida Community College
 1428  System.
 1429         2. Assist in the economic development of the state by
 1430  developing a state-level planning process to identify future
 1431  training needs for industry, especially high-technology
 1432  industry.
 1433         3. Adopt criteria and implementation plans for future
 1434  growth issues, such as new Florida Community College System
 1435  institutions and Florida Community College System institution
 1436  campus mergers, and provide for cooperative agreements between
 1437  and within public and private education sectors.
 1438         (5) MINIMUM STANDARDS AND GUIDELINES.—The state board shall
 1439  prescribe minimum standards, definitions, and guidelines for
 1440  Florida Community College System institutions which will ensure
 1441  the quality of education, coordination among the Florida
 1442  Community College System institutions and state universities,
 1443  and efficient progress toward accomplishing the Florida
 1444  Community College System institution’s mission. At a minimum,
 1445  these rules must address all of the following:
 1446         (a) Personnel.
 1447         (b) Contracting.
 1448         (c) Program offerings and classification, including
 1449  college-level communication and computation skills associated
 1450  with successful performance in college and with tests and other
 1451  assessment procedures that measure student achievement of those
 1452  skills. The performance measures must provide that students
 1453  moving from one level of education to the next acquire the
 1454  necessary competencies for that level.
 1455         (d) Provisions for curriculum development, graduation
 1456  requirements, college calendars, and program service areas.
 1457  These provisions must include rules that:
 1458         1. Provide for the award of an associate in arts degree to
 1459  a student who successfully completes 60 semester credit hours at
 1460  the Florida Community College System institution.
 1461         2. Require all of the credits accepted for the associate in
 1462  arts degree to be in the statewide course numbering system as
 1463  credits toward a baccalaureate degree offered by a state
 1464  university or a Florida Community College System institution.
 1465         3. Require no more than 36 semester credit hours in general
 1466  education courses in the subject areas of communication,
 1467  mathematics, social sciences, humanities, and natural sciences.
 1468  
 1469  The rules under this paragraph should encourage Florida
 1470  Community College System institutions to enter into agreements
 1471  with state universities which allow a Florida Community College
 1472  System institution student to complete upper-division-level
 1473  courses at a Florida Community College System institution. An
 1474  agreement may provide for concurrent enrollment at the Florida
 1475  Community College System institution and the state university
 1476  and may authorize the Florida Community College System
 1477  institution to offer an upper-division-level course or distance
 1478  learning.
 1479         (e) Student admissions, conduct and discipline;
 1480  nonclassroom activities; and fees.
 1481         (f) Budgeting.
 1482         (g) Business and financial matters.
 1483         (h) Student services.
 1484         (i) Reports, surveys, and information systems, including
 1485  forms and dates of submission.
 1486         (6) CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board
 1487  shall provide for the cyclic review of all academic programs in
 1488  Florida Community College System institutions at least every 7
 1489  years. Program reviews must document how individual academic
 1490  programs are achieving stated student learning and program
 1491  objectives within the context of the institution’s mission. The
 1492  results of the program reviews must inform strategic planning,
 1493  program development, and budgeting decisions at the
 1494  institutional level.
 1495         (7) FLORIDA COMMUNITY COLLEGE SYSTEM INSTITUTION
 1496  BACCALAUREATE DEGREE PROGRAMS.—The state board shall provide for
 1497  the review and approval of proposals by Florida Community
 1498  College System institutions to offer baccalaureate degree
 1499  programs pursuant to s. 1007.33. A Florida Community College
 1500  System institution, as defined in s. 1000.21, which is approved
 1501  to offer baccalaureate degrees pursuant to s. 1007.33 remains
 1502  under the authority of the state board and the Florida Community
 1503  College System institution’s board of trustees.
 1504         (8) MODIFICATIONS TO SERVICE AREA.—The state board shall
 1505  establish criteria for making recommendations for modifying
 1506  district boundary lines for a Florida Community College System
 1507  institution, including criteria for service delivery areas of a
 1508  Florida Community College System institution authorized to grant
 1509  baccalaureate degrees.
 1510         (9) PERFORMANCE OVERSIGHT.—The state board shall oversee
 1511  the performance of Florida Community College System institution
 1512  boards of trustees in enforcement of all laws and rules. Florida
 1513  Community College System institution boards of trustees are
 1514  primarily responsible for compliance with law and state board
 1515  rule.
 1516         (a) In order to ensure compliance with law or state board
 1517  rule, the state board has the authority to request and receive
 1518  information, data, and reports from Florida Community College
 1519  System institutions. The Florida Community College System
 1520  institution president is responsible for the accuracy of the
 1521  information and data reported to the state board.
 1522         (b) The Chancellor of the Florida Community College System
 1523  may investigate allegations of noncompliance with law or state
 1524  board rule and determine probable cause. The Chancellor shall
 1525  report determinations of probable cause to the State Board of
 1526  Community Colleges who shall require the Florida Community
 1527  College System institution board of trustees to document
 1528  compliance with law or state board rule.
 1529         (c) If the Florida Community College System institution
 1530  board of trustees cannot satisfactorily document compliance, the
 1531  state board may order compliance within a specified timeframe.
 1532         (d) If the state board determines that a Florida Community
 1533  College System institution board of trustees is unwilling or
 1534  unable to comply with law or state board rule within the
 1535  specified time, the state board has the authority to initiate
 1536  any of the following actions:
 1537         1. Report to the Legislature that the Florida Community
 1538  College System institution is unwilling or unable to comply with
 1539  law or state board rule and recommend that the Legislature take
 1540  action against the institution;
 1541         2. Withhold the transfer of state funds, discretionary
 1542  grant funds, discretionary lottery funds, or any other funds
 1543  specified as eligible for this purpose by the Legislature until
 1544  the Florida Community College System institution complies with
 1545  the law or state board rule;
 1546         3. Declare the Florida Community College System institution
 1547  ineligible for competitive grants; or
 1548         4. Require monthly or periodic reporting on the situation
 1549  related to noncompliance until it is remedied.
 1550         (e) This section may not be construed to create a private
 1551  cause of action or create any rights for individuals or entities
 1552  in addition to those provided elsewhere in law or rule.
 1553         (10) INSPECTOR GENERAL.—The inspector general is
 1554  responsible for promoting accountability, efficiency, and
 1555  effectiveness and detecting fraud and abuse within Florida
 1556  Community College System institutions. If the Chancellor of the
 1557  Florida Community College System determines that a Florida
 1558  Community College System institution board of trustees is
 1559  unwilling or unable to address substantiated allegations made by
 1560  any person relating to waste, fraud, or financial mismanagement
 1561  within the Florida Community College System institution, the
 1562  inspector general shall conduct, coordinate, or request
 1563  investigations into such substantiated allegations. The
 1564  inspector general shall have access to all information and
 1565  personnel necessary to perform its duties and shall have all of
 1566  his or her current powers, duties, and responsibilities
 1567  authorized in s. 20.055.
 1568         (11) COORDINATION WITH THE STATE BOARD OF EDUCATION.—The
 1569  state board shall coordinate with the State Board of Education:
 1570         (a) Pursuant to s. 1001.02(2)(e), in the adoption of a K-20
 1571  education budget.
 1572         (b) Pursuant to s. 1001.02(4)(g), to adopt and submit to
 1573  the Legislature a 3-year list of priorities for fixed-capital
 1574  outlay projects.
 1575         (12) COMMON POSTSECONDARY DEFINITIONS.—Adopt in
 1576  collaboration with the State Board of Education, by rule,
 1577  definitions for associate in science degrees and for
 1578  certificates offered by Florida Community College System
 1579  institutions.
 1580         Section 20. Section 1001.61, Florida Statutes, is amended
 1581  to read:
 1582         1001.61 Florida Community College System institution boards
 1583  of trustees; membership.—
 1584         (1)  Florida Community College System institution boards of
 1585  trustees shall be comprised of five members when a Florida
 1586  Community College System institution district is confined to one
 1587  school board district; seven members when a Florida Community
 1588  College System institution district is confined to one school
 1589  board district and the board of trustees so elects; and not more
 1590  than nine members when the district contains two or more school
 1591  board districts, as provided by rules of the State Board of
 1592  Community Colleges Education. However, Florida State College at
 1593  Jacksonville shall have an odd number of trustees, and St. Johns
 1594  River State College shall have seven trustees from the three
 1595  county area that the college serves.
 1596         (2) Trustees shall be appointed by the Governor to
 1597  staggered 4-year terms, subject to confirmation by the Senate in
 1598  regular session.
 1599         (3) Members of the board of trustees shall receive no
 1600  compensation but may receive reimbursement for expenses as
 1601  provided in s. 112.061.
 1602         (4) At its first regular meeting after July 1 of each year,
 1603  each Florida Community College System institution board of
 1604  trustees shall organize by electing a chair, whose duty as such
 1605  is to preside at all meetings of the board, to call special
 1606  meetings thereof, and to attest to actions of the board, and a
 1607  vice chair, whose duty as such is to act as chair during the
 1608  absence or disability of the elected chair. It is the further
 1609  duty of the chair of each board of trustees to notify the
 1610  Governor, in writing, whenever a board member fails to attend
 1611  three consecutive regular board meetings in any one fiscal year,
 1612  which absences may be grounds for removal.
 1613         (5) A Florida Community College System institution
 1614  president shall serve as the executive officer and corporate
 1615  secretary of the board of trustees and shall be responsible to
 1616  the board of trustees for setting the agenda for meetings of the
 1617  board of trustees in consultation with the chair. The president
 1618  also serves as the chief administrative officer of the Florida
 1619  Community College System institution, and all the components of
 1620  the institution and all aspects of its operation are responsible
 1621  to the board of trustees through the president.
 1622         Section 21. Section 1001.64, Florida Statutes, is amended
 1623  to read:
 1624         1001.64  Florida Community College System institution
 1625  boards of trustees; powers and duties.—
 1626         (1) The boards of trustees shall be responsible for cost
 1627  effective policy decisions appropriate to the Florida Community
 1628  College System institution’s mission, the implementation and
 1629  maintenance of high-quality education programs within law and
 1630  rules of the State Board of Community Colleges Education, the
 1631  measurement of performance, the reporting of information, and
 1632  the provision of input regarding state policy, budgeting, and
 1633  education standards.
 1634         (2) Each board of trustees is vested with the
 1635  responsibility to govern its respective Florida Community
 1636  College System institution and with such necessary authority as
 1637  is needed for the proper operation and improvement thereof in
 1638  accordance with rules of the State Board of Community Colleges
 1639  Education.
 1640         (3) A board of trustees shall have the power to take action
 1641  without a recommendation from the president and shall have the
 1642  power to require the president to deliver to the board of
 1643  trustees all data and information required by the board of
 1644  trustees in the performance of its duties. A board of trustees
 1645  shall ask the Chancellor of the Florida Community College System
 1646  Commissioner of Education to authorize an investigation of the
 1647  president’s actions by the State Board of Community College’s
 1648  department’s inspector general if the board considers such
 1649  investigation necessary. The inspector general shall provide a
 1650  report detailing each issue under investigation and shall
 1651  recommend corrective action. If the inspector general identifies
 1652  potential legal violations, he or she shall refer the potential
 1653  legal violations to the Commission on Ethics, the Department of
 1654  Law Enforcement, the Attorney General, or another appropriate
 1655  authority.
 1656         (4)(a) The board of trustees, after considering
 1657  recommendations submitted by the Florida Community College
 1658  System institution president, may adopt rules pursuant to ss.
 1659  120.536(1) and 120.54 to implement the provisions of law
 1660  conferring duties upon it. These rules may supplement those
 1661  prescribed by the State Board of Community Colleges Education if
 1662  they will contribute to the more orderly and efficient operation
 1663  of Florida Community College System institutions.
 1664         (b) Each board of trustees is specifically authorized to
 1665  adopt rules, procedures, and policies, consistent with law and
 1666  rules of the State Board of Community Colleges Education,
 1667  related to its mission and responsibilities as set forth in s.
 1668  1004.65, its governance, personnel, budget and finance,
 1669  administration, programs, curriculum and instruction, buildings
 1670  and grounds, travel and purchasing, technology, students,
 1671  contracts and grants, or college property.
 1672         (5) Each board of trustees shall have responsibility for
 1673  the use, maintenance, protection, and control of Florida
 1674  Community College System institution owned or Florida Community
 1675  College System institution controlled buildings and grounds,
 1676  property and equipment, name, trademarks and other proprietary
 1677  marks, and the financial and other resources of the Florida
 1678  Community College System institution. Such authority may include
 1679  placing restrictions on activities and on access to facilities,
 1680  firearms, food, tobacco, alcoholic beverages, distribution of
 1681  printed materials, commercial solicitation, animals, and sound.
 1682         (6) Each board of trustees has responsibility for the
 1683  establishment and discontinuance of program and course offerings
 1684  in accordance with law and rule; provision for instructional and
 1685  noninstructional community services, location of classes, and
 1686  services provided; and dissemination of information concerning
 1687  such programs and services. New programs must be approved
 1688  pursuant to s. 1004.03.
 1689         (7) Each board of trustees has responsibility for: ensuring
 1690  that students have access to general education courses as
 1691  identified in rule; requiring no more than 60 semester hours of
 1692  degree program coursework, including 36 semester hours of
 1693  general education coursework, for an associate in arts degree;
 1694  notifying students that earned hours in excess of 60 semester
 1695  hours may not be accepted by state universities; notifying
 1696  students of unique program prerequisites; and ensuring that
 1697  degree program coursework beyond general education coursework is
 1698  consistent with degree program prerequisite requirements adopted
 1699  pursuant to s. 1007.25(5).
 1700         (8) Each board of trustees has authority for policies
 1701  related to students, enrollment of students, student records,
 1702  student activities, financial assistance, and other student
 1703  services.
 1704         (a) Each board of trustees shall govern admission of
 1705  students pursuant to s. 1007.263 and rules of the State Board of
 1706  Community Colleges Education. A board of trustees may establish
 1707  additional admissions criteria, which shall be included in the
 1708  dual enrollment articulation agreement developed according to s.
 1709  1007.271(21), to ensure student readiness for postsecondary
 1710  instruction. Each board of trustees may consider the past
 1711  actions of any person applying for admission or enrollment and
 1712  may deny admission or enrollment to an applicant because of
 1713  misconduct if determined to be in the best interest of the
 1714  Florida Community College System institution.
 1715         (b) Each board of trustees shall adopt rules establishing
 1716  student performance standards for the award of degrees and
 1717  certificates pursuant to s. 1004.68.
 1718         (c) Boards of trustees are authorized to establish
 1719  intrainstitutional and interinstitutional programs to maximize
 1720  articulation pursuant to s. 1007.22.
 1721         (d) Boards of trustees shall identify their general
 1722  education curricula pursuant to s. 1007.25(6).
 1723         (e) Each board of trustees must adopt a written antihazing
 1724  policy, provide a program for the enforcement of such rules, and
 1725  adopt appropriate penalties for violations of such rules
 1726  pursuant to the provisions of s. 1006.63.
 1727         (f) Each board of trustees may establish a uniform code of
 1728  conduct and appropriate penalties for violation of its rules by
 1729  students and student organizations, including rules governing
 1730  student academic honesty. Such penalties, unless otherwise
 1731  provided by law, may include fines, the withholding of diplomas
 1732  or transcripts pending compliance with rules or payment of
 1733  fines, and the imposition of probation, suspension, or
 1734  dismissal.
 1735         (g) Each board of trustees pursuant to s. 1006.53 shall
 1736  adopt a policy in accordance with rules of the State Board of
 1737  Community Colleges Education that reasonably accommodates the
 1738  religious observance, practice, and belief of individual
 1739  students in regard to admissions, class attendance, and the
 1740  scheduling of examinations and work assignments.
 1741         (9) A board of trustees may contract with the board of
 1742  trustees of a state university for the Florida Community College
 1743  System institution to provide developmental education on the
 1744  state university campus.
 1745         (10) Each board of trustees shall establish fees pursuant
 1746  to ss. 1009.22, 1009.23, 1009.25, 1009.26, and 1009.27.
 1747         (11) Each board of trustees shall submit an institutional
 1748  budget request, including a request for fixed capital outlay,
 1749  and an operating budget to the State Board of Community Colleges
 1750  Education for review in accordance with guidelines established
 1751  by the State Board of Community Colleges Education.
 1752         (12) Each board of trustees shall account for expenditures
 1753  of all state, local, federal, and other funds in the manner
 1754  described by the State Board of Community Colleges Department of
 1755  Education.
 1756         (13) Each board of trustees is responsible for the uses for
 1757  the proceeds of academic improvement trust funds pursuant to s.
 1758  1011.85.
 1759         (14) Each board of trustees shall develop a strategic plan
 1760  specifying institutional goals and objectives for the Florida
 1761  Community College System institution for recommendation to the
 1762  State Board of Community Colleges Education.
 1763         (15) Each board of trustees shall develop an accountability
 1764  plan pursuant to s. 1008.45.
 1765         (16) Each board of trustees must expend performance funds
 1766  provided for workforce education pursuant to the provisions of
 1767  s. 1011.80.
 1768         (17) Each board of trustees is accountable for performance
 1769  in certificate career education and diploma programs pursuant to
 1770  s. 1008.43.
 1771         (18) Each board of trustees shall establish the personnel
 1772  program for all employees of the Florida Community College
 1773  System institution, including the president, pursuant to the
 1774  provisions of chapter 1012 and rules and guidelines of the State
 1775  Board of Community Colleges Education, including: compensation
 1776  and other conditions of employment; recruitment and selection;
 1777  nonreappointment; standards for performance and conduct;
 1778  evaluation; benefits and hours of work; leave policies;
 1779  recognition; inventions and work products; travel; learning
 1780  opportunities; exchange programs; academic freedom and
 1781  responsibility; promotion; assignment; demotion; transfer;
 1782  ethical obligations and conflict of interest; restrictive
 1783  covenants; disciplinary actions; complaints; appeals and
 1784  grievance procedures; and separation and termination from
 1785  employment.
 1786         (19) Each board of trustees shall appoint, suspend, or
 1787  remove the president of the Florida Community College System
 1788  institution. The board of trustees may appoint a search
 1789  committee. The board of trustees shall conduct annual
 1790  evaluations of the president in accordance with rules of the
 1791  State Board of Community Colleges Education and submit such
 1792  evaluations to the State Board of Community Colleges Education
 1793  for review. The evaluation must address the achievement of the
 1794  performance goals established by the accountability process
 1795  implemented pursuant to s. 1008.45 and the performance of the
 1796  president in achieving the annual and long-term goals and
 1797  objectives established in the Florida Community College System
 1798  institution’s employment accountability program implemented
 1799  pursuant to s. 1012.86.
 1800         (20) Each board of trustees is authorized to enter into
 1801  contracts to provide a State Community College System Optional
 1802  Retirement Program pursuant to s. 1012.875 and to enter into
 1803  consortia with other boards of trustees for this purpose.
 1804         (21) Each board of trustees is authorized to purchase
 1805  annuities for its Florida Community College System institution
 1806  personnel who have 25 or more years of creditable service and
 1807  who have reached age 55 and have applied for retirement under
 1808  the Florida Retirement System pursuant to the provisions of s.
 1809  1012.87.
 1810         (22) A board of trustees may defray all costs of defending
 1811  civil actions against officers, employees, or agents of the
 1812  board of trustees pursuant to s. 1012.85.
 1813         (23) Each board of trustees has authority for risk
 1814  management, safety, security, and law enforcement operations.
 1815  Each board of trustees is authorized to employ personnel,
 1816  including police officers pursuant to s. 1012.88, to carry out
 1817  the duties imposed by this subsection.
 1818         (24) Each board of trustees shall provide rules governing
 1819  parking and the direction and flow of traffic within campus
 1820  boundaries. Except for sworn law enforcement personnel, persons
 1821  employed to enforce campus parking rules have no authority to
 1822  arrest or issue citations for moving traffic violations. The
 1823  board of trustees may adopt a uniform code of appropriate
 1824  penalties for violations. Such penalties, unless otherwise
 1825  provided by law, may include the levying of fines, the
 1826  withholding of diplomas or transcripts pending compliance with
 1827  rules or payment of fines, and the imposition of probation,
 1828  suspension, or dismissal. Moneys collected from parking rule
 1829  infractions shall be deposited in appropriate funds at each
 1830  Florida Community College System institution for student
 1831  financial aid purposes.
 1832         (25) Each board of trustees constitutes the contracting
 1833  agent of the Florida Community College System institution. It
 1834  may when acting as a body make contracts, sue, and be sued in
 1835  the name of the board of trustees. In any suit, a change in
 1836  personnel of the board of trustees shall not abate the suit,
 1837  which shall proceed as if such change had not taken place.
 1838         (26) Each board of trustees is authorized to contract for
 1839  the purchase, sale, lease, license, or acquisition in any
 1840  manner, including purchase by installment or lease-purchase
 1841  contract which may provide for the payment of interest on the
 1842  unpaid portion of the purchase price and for the granting of a
 1843  security interest in the items purchased, subject to the
 1844  provisions of subsection (38) and ss. 1009.22 and 1009.23, of
 1845  goods, materials, equipment, and services required by the
 1846  Florida Community College System institution. The board of
 1847  trustees may choose to consolidate equipment contracts under
 1848  master equipment financing agreements made pursuant to s.
 1849  287.064.
 1850         (27) Each board of trustees shall be responsible for
 1851  managing and protecting real and personal property acquired or
 1852  held in trust for use by and for the benefit of such Florida
 1853  Community College System institution. To that end, any board of
 1854  trustees is authorized to be self-insured, to enter into risk
 1855  management programs, or to purchase insurance for whatever
 1856  coverage it may choose, or to have any combination thereof, in
 1857  anticipation of any loss, damage, or destruction. A board of
 1858  trustees may contract for self-insurance services pursuant to s.
 1859  1004.725.
 1860         (28) Each board of trustees is authorized to enter into
 1861  agreements for, and accept, credit card, charge card, and debit
 1862  card payments as compensation for goods, services, tuition, and
 1863  fees. Each Florida Community College System institution is
 1864  further authorized to establish accounts in credit card, charge
 1865  card, and debit card banks for the deposit of sales invoices.
 1866         (29) Each board of trustees may provide incubator
 1867  facilities to eligible small business concerns pursuant to s.
 1868  1004.79.
 1869         (30) Each board of trustees may establish a technology
 1870  transfer center for the purpose of providing institutional
 1871  support to local business and industry and governmental agencies
 1872  in the application of new research in technology pursuant to the
 1873  provisions of s. 1004.78.
 1874         (31) Each board of trustees may establish economic
 1875  development centers for the purpose of serving as liaisons
 1876  between Florida Community College System institutions and the
 1877  business sector pursuant to the provisions of s. 1004.80.
 1878         (32) Each board of trustees may establish a child
 1879  development training center pursuant to s. 1004.81.
 1880         (33) Each board of trustees is authorized to develop and
 1881  produce work products relating to educational endeavors that are
 1882  subject to trademark, copyright, or patent statutes pursuant to
 1883  chapter 1004.
 1884         (34) Each board of trustees shall administer the facilities
 1885  program pursuant to chapter 1013, including but not limited to:
 1886  the construction of public educational and ancillary plants; the
 1887  acquisition and disposal of property; compliance with building
 1888  and life safety codes; submission of data and information
 1889  relating to facilities and construction; use of buildings and
 1890  grounds; establishment of safety and sanitation programs for the
 1891  protection of building occupants; and site planning and
 1892  selection.
 1893         (35) Each board of trustees may exercise the right of
 1894  eminent domain pursuant to the provisions of chapter 1013.
 1895         (36) Each board of trustees may enter into lease-purchase
 1896  arrangements with private individuals or corporations for
 1897  necessary grounds and buildings for Florida Community College
 1898  System institution purposes, other than dormitories, or for
 1899  buildings other than dormitories to be erected for Florida
 1900  Community College System institution purposes. Such arrangements
 1901  shall be paid from capital outlay and debt service funds as
 1902  provided by s. 1011.84(2), with terms not to exceed 30 years at
 1903  a stipulated rate. The provisions of such contracts, including
 1904  building plans, are subject to approval by the Department of
 1905  Education, and no such contract may be entered into without such
 1906  approval.
 1907         (37) Each board of trustees may purchase, acquire, receive,
 1908  hold, own, manage, lease, sell, dispose of, and convey title to
 1909  real property, in the best interests of the Florida Community
 1910  College System institution.
 1911         (38) Each board of trustees is authorized to enter into
 1912  short-term loans and installment, lease-purchase, and other
 1913  financing contracts for a term of not more than 5 years,
 1914  including renewals, extensions, and refundings. Payments on
 1915  short-term loans and installment, lease-purchase, and other
 1916  financing contracts pursuant to this subsection shall be subject
 1917  to annual appropriation by the board of trustees. Each board of
 1918  trustees is authorized to borrow funds and incur long-term debt,
 1919  including promissory notes, installment sales agreements, lease
 1920  purchase agreements, certificates of participation, and other
 1921  similar long-term financing arrangements, only as specifically
 1922  provided in ss. 1009.22(6) and (9) and 1009.23(11) and (12). At
 1923  the option of the board of trustees, bonds issued pursuant to
 1924  ss. 1009.22(6) and (9) and 1009.23(11) and (12) may be secured
 1925  by a combination of revenues authorized to be pledged to bonds
 1926  pursuant to such subsections. Revenue bonds may not be secured
 1927  by or paid from, directly or indirectly, tuition, financial aid
 1928  fees, the Florida Community College System Program Fund, or any
 1929  other operating revenues of a Florida Community College System
 1930  institution. Lease-purchase agreements may be secured by a
 1931  combination of revenues as specifically authorized pursuant to
 1932  ss. 1009.22(7) and 1009.23(10).
 1933         (39) Each board of trustees shall prescribe conditions for
 1934  direct-support organizations to be certified and to use Florida
 1935  Community College System institution property and services.
 1936  Conditions relating to certification must provide for audit
 1937  review and oversight by the board of trustees.
 1938         (40) Each board of trustees may adopt policies pursuant to
 1939  s. 1010.02 that provide procedures for transferring to the
 1940  direct-support organization of that Florida Community College
 1941  System institution for administration by such organization
 1942  contributions made to the Florida Community College System
 1943  institution.
 1944         (41) The board of trustees shall exert every effort to
 1945  collect all delinquent accounts pursuant to s. 1010.03.
 1946         (42) Each board of trustees shall implement a plan, in
 1947  accordance with guidelines of the State Board of Community
 1948  Colleges Education, for working on a regular basis with the
 1949  other Florida Community College System institution boards of
 1950  trustees, representatives of the university boards of trustees,
 1951  and representatives of the district school boards to achieve the
 1952  goals of the seamless education system.
 1953         (43) Each board of trustees has responsibility for
 1954  compliance with state and federal laws, rules, regulations, and
 1955  requirements.
 1956         (44) Each board of trustees may adopt rules, procedures,
 1957  and policies related to institutional governance,
 1958  administration, and management in order to promote orderly and
 1959  efficient operation, including, but not limited to, financial
 1960  management, budget management, physical plant management, and
 1961  property management.
 1962         (45) Each board of trustees may adopt rules and procedures
 1963  related to data or technology, including, but not limited to,
 1964  information systems, communications systems, computer hardware
 1965  and software, and networks.
 1966         (46) Each board of trustees may consider the past actions
 1967  of any person applying for employment and may deny employment to
 1968  a person because of misconduct if determined to be in the best
 1969  interest of the Florida Community College System institution.
 1970         (47) Each contract or employment agreement, or renewal or
 1971  renegotiation of an existing contract or employment agreement,
 1972  containing a provision for severance pay with an officer, agent,
 1973  employee, or contractor must include the provisions required in
 1974  s. 215.425.
 1975         (48) Each board of trustees shall use purchasing agreements
 1976  and state term contracts pursuant to s. 287.056 or enter into
 1977  consortia and cooperative agreements to maximize the purchasing
 1978  power for goods and services. A consortium or cooperative
 1979  agreement may be statewide, regional, or a combination of
 1980  institutions, as appropriate to achieve the lowest cost, with
 1981  the goal of achieving a 5-percent savings on existing contract
 1982  prices through the use of new cooperative arrangements or new
 1983  consortium contracts.
 1984         Section 22. Section 1001.65, Florida Statutes, is amended
 1985  to read:
 1986         1001.65 Florida Community College System institution
 1987  presidents; powers and duties.—The president is the chief
 1988  executive officer of the Florida Community College System
 1989  institution, shall be corporate secretary of the Florida
 1990  Community College System institution board of trustees, and is
 1991  responsible for the operation and administration of the Florida
 1992  Community College System institution. Each Florida Community
 1993  College System institution president shall:
 1994         (1) Recommend the adoption of rules, as appropriate, to the
 1995  Florida Community College System institution board of trustees
 1996  to implement provisions of law governing the operation and
 1997  administration of the Florida Community College System
 1998  institution, which shall include the specific powers and duties
 1999  enumerated in this section. Such rules shall be consistent with
 2000  law, the mission of the Florida Community College System
 2001  institution, and the rules and policies of the State Board of
 2002  Community Colleges Education.
 2003         (2) Prepare a budget request and an operating budget
 2004  pursuant to s. 1011.30 for approval by the Florida Community
 2005  College System institution board of trustees at such time and in
 2006  such format as the State Board of Community Colleges Education
 2007  may prescribe.
 2008         (3) Establish and implement policies and procedures to
 2009  recruit, appoint, transfer, promote, compensate, evaluate,
 2010  reward, demote, discipline, and remove personnel, within law and
 2011  rules of the State Board of Community College Education and in
 2012  accordance with rules or policies approved by the Florida
 2013  Community College System institution board of trustees.
 2014         (4) Govern admissions, subject to law and rules or policies
 2015  of the Florida Community College System institution board of
 2016  trustees and the State Board of Community Colleges Education.
 2017         (5) Approve, execute, and administer contracts for and on
 2018  behalf of the Florida Community College System institution board
 2019  of trustees for licenses; the acquisition or provision of
 2020  commodities, goods, equipment, and services; leases of real and
 2021  personal property; and planning and construction to be rendered
 2022  to or by the Florida Community College System institution,
 2023  provided such contracts are within law and guidelines of the
 2024  State Board of Community Colleges Education and in conformance
 2025  with policies of the Florida Community College System
 2026  institution board of trustees, and are for the implementation of
 2027  approved programs of the Florida Community College System
 2028  institution.
 2029         (6) Act for the Florida Community College System
 2030  institution board of trustees as custodian of all Florida
 2031  Community College System institution property and financial
 2032  resources. The authority vested in the Florida Community College
 2033  System institution president under this subsection includes the
 2034  authority to prioritize the use of Florida Community College
 2035  System institution space, property, equipment, and resources and
 2036  the authority to impose charges for the use of those items.
 2037         (7) Establish the internal academic calendar of the Florida
 2038  Community College System institution within general guidelines
 2039  of the State Board of Community Colleges Education.
 2040         (8) Administer the Florida Community College System
 2041  institution’s program of intercollegiate athletics.
 2042         (9) Recommend to the board of trustees the establishment
 2043  and termination of programs within the approved role and scope
 2044  of the Florida Community College System institution.
 2045         (10) Award degrees.
 2046         (11) Recommend to the board of trustees a schedule of
 2047  tuition and fees to be charged by the Florida Community College
 2048  System institution, within law and rules of the State Board of
 2049  Community Colleges Education.
 2050         (12) Organize the Florida Community College System
 2051  institution to efficiently and effectively achieve the goals of
 2052  the Florida Community College System institution.
 2053         (13) Review periodically the operations of the Florida
 2054  Community College System institution in order to determine how
 2055  effectively and efficiently the Florida Community College System
 2056  institution is being administered and whether it is meeting the
 2057  goals of its strategic plan adopted by the State Board of
 2058  Community Colleges Education.
 2059         (14) Enter into agreements for student exchange programs
 2060  that involve students at the Florida Community College System
 2061  institution and students in other institutions of higher
 2062  learning.
 2063         (15) Approve the internal procedures of student government
 2064  organizations and provide purchasing, contracting, and budgetary
 2065  review processes for these organizations.
 2066         (16) Ensure compliance with federal and state laws, rules,
 2067  regulations, and other requirements that are applicable to the
 2068  Florida Community College System institution.
 2069         (17) Maintain all data and information pertaining to the
 2070  operation of the Florida Community College System institution,
 2071  and report on the attainment by the Florida Community College
 2072  System institution of institutional and statewide performance
 2073  accountability goals.
 2074         (18) Certify to the department a project’s compliance with
 2075  the requirements for expenditure of PECO funds prior to release
 2076  of funds pursuant to the provisions of chapter 1013.
 2077         (19) Provide to the law enforcement agency and fire
 2078  department that has jurisdiction over the Florida Community
 2079  College System institution a copy of the floor plans and other
 2080  relevant documents for each educational facility as defined in
 2081  s. 1013.01(6). After the initial submission of the floor plans
 2082  and other relevant documents, the Florida Community College
 2083  System institution president shall submit, by October 1 of each
 2084  year, revised floor plans and other relevant documents for each
 2085  educational facility that was modified during the preceding
 2086  year.
 2087         (20) Develop and implement jointly with school
 2088  superintendents a comprehensive dual enrollment articulation
 2089  agreement for the students enrolled in their respective school
 2090  districts and service areas pursuant to s. 1007.271(21).
 2091         (21) Have authority, after notice to the student of the
 2092  charges and after a hearing thereon, to expel, suspend, or
 2093  otherwise discipline any student who is found to have violated
 2094  any law, ordinance, or rule or regulation of the State Board of
 2095  Community Colleges Education or of the board of trustees of the
 2096  Florida Community College System institution pursuant to the
 2097  provisions of s. 1006.62.
 2098         (22) Submit an annual employment accountability plan to the
 2099  State Board of Community Colleges Department of Education
 2100  pursuant to the provisions of s. 1012.86.
 2101         (23) Annually evaluate, or have a designee annually
 2102  evaluate, each department chairperson, dean, provost, and vice
 2103  president in achieving the annual and long-term goals and
 2104  objectives of the Florida Community College System institution’s
 2105  employment accountability plan.
 2106         (24) Have vested with the president or the president’s
 2107  designee the authority that is vested with the Florida Community
 2108  College System institution.
 2109         Section 23. Section 1001.66, Florida Statutes, is amended
 2110  to read:
 2111         1001.66  Florida Community College System Performance-Based
 2112  Incentive.—
 2113         (1) A Florida Community College System Performance-Based
 2114  Incentive shall be awarded to Florida Community College System
 2115  institutions using performance-based metrics adopted by the
 2116  State Board of Community Colleges Education. The performance
 2117  based metrics must include retention rates; program completion
 2118  and graduation rates; postgraduation employment, salaries, and
 2119  continuing education for workforce education and baccalaureate
 2120  programs, with wage thresholds that reflect the added value of
 2121  the certificate or degree; and outcome measures appropriate for
 2122  associate of arts degree recipients. The state board shall adopt
 2123  benchmarks to evaluate each institution’s performance on the
 2124  metrics to measure the institution’s achievement of
 2125  institutional excellence or need for improvement and the minimum
 2126  requirements for eligibility to receive performance funding.
 2127         (2) Each fiscal year, the amount of funds available for
 2128  allocation to the Florida Community College System institutions
 2129  based on the performance-based funding model shall consist of
 2130  the state’s investment in performance funding plus institutional
 2131  investments consisting of funds to be redistributed from the
 2132  base funding of the Florida Community College System Program
 2133  Fund as determined in the General Appropriations Act. The State
 2134  Board of Community Colleges Education shall establish minimum
 2135  performance funding eligibility thresholds for the state’s
 2136  investment and the institutional investments. An institution
 2137  that meets the minimum institutional investment eligibility
 2138  threshold, but fails to meet the minimum state investment
 2139  eligibility threshold, shall have its institutional investment
 2140  restored but is ineligible for a share of the state’s investment
 2141  in performance funding. The institutional investment shall be
 2142  restored for all institutions eligible for the state’s
 2143  investment under the performance-based funding model.
 2144         (3)(a) Each Florida Community College System institution’s
 2145  share of the performance funding shall be calculated based on
 2146  its relative performance on the established metrics in
 2147  conjunction with the institutional size and scope.
 2148         (b) A Florida Community College System institution that
 2149  fails to meet the State Board of Community Colleges’ Education’s
 2150  minimum institutional investment performance funding eligibility
 2151  threshold shall have a portion of its institutional investment
 2152  withheld by the state board and must submit an improvement plan
 2153  to the state board which specifies the activities and strategies
 2154  for improving the institution’s performance. The state board
 2155  must review and approve the improvement plan and, if the plan is
 2156  approved, must monitor the institution’s progress in
 2157  implementing the activities and strategies specified in the
 2158  improvement plan. The institution shall submit monitoring
 2159  reports to the state board by December 31 and May 31 of each
 2160  year in which an improvement plan is in place. Beginning in the
 2161  2017-2018 fiscal year, the ability of an institution to submit
 2162  an improvement plan to the state board is limited to 1 fiscal
 2163  year.
 2164         (c) The Chancellor of the Florida Community College System
 2165  Commissioner of Education shall withhold disbursement of the
 2166  institutional investment until the monitoring report is approved
 2167  by the State Board of Community Colleges Education. A Florida
 2168  Community College System institution determined by the state
 2169  board to be making satisfactory progress on implementing the
 2170  improvement plan shall receive no more than one-half of the
 2171  withheld institutional investment in January and the balance of
 2172  the withheld institutional investment in June. An institution
 2173  that fails to make satisfactory progress may not have its full
 2174  institutional investment restored. Any institutional investment
 2175  funds that are not restored shall be redistributed in accordance
 2176  with the state board’s performance-based metrics.
 2177         (4) Distributions of performance funding, as provided in
 2178  this section, shall be made to each of the Florida Community
 2179  College System institutions listed in the Florida Community
 2180  Colleges category in the General Appropriations Act.
 2181         (5) By October 1 of each year, the State Board of Community
 2182  Colleges Education shall submit to the Governor, the President
 2183  of the Senate, and the Speaker of the House of Representatives a
 2184  report on the previous fiscal year’s performance funding
 2185  allocation, which must reflect the rankings and award
 2186  distributions.
 2187         (6) The State Board of Community Colleges Education shall
 2188  adopt rules to administer this section.
 2189         Section 24. Section 1001.67, Florida Statutes, is amended
 2190  to read:
 2191         1001.67 Distinguished Florida Community College System
 2192  Institution Program.—A collaborative partnership is established
 2193  between the State Board of Community Colleges Education and the
 2194  Legislature to recognize the excellence of Florida’s highest
 2195  performing Florida Community College System institutions.
 2196         (1) EXCELLENCE STANDARDS.—The following excellence
 2197  standards are established for the program:
 2198         (a) A 150 percent-of-normal-time completion rate of 50
 2199  percent or higher, as calculated by the Division of Florida
 2200  Colleges.
 2201         (b) A 150 percent-of-normal-time completion rate for Pell
 2202  Grant recipients of 40 percent or higher, as calculated by the
 2203  State Board of Community Division of Florida Colleges.
 2204         (c) A retention rate of 70 percent or higher, as calculated
 2205  by the State Board of Community Division of Florida Colleges.
 2206         (d) A continuing education, or transfer, rate of 72 percent
 2207  or higher for students graduating with an associate of arts
 2208  degree, as reported by the Florida Education and Training
 2209  Placement Information Program (FETPIP).
 2210         (e) A licensure passage rate on the National Council
 2211  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 2212  percent or higher for first-time exam takers, as reported by the
 2213  Board of Nursing.
 2214         (f) A job placement or continuing education rate of 88
 2215  percent or higher for workforce programs, as reported by FETPIP.
 2216         (g) A time-to-degree for students graduating with an
 2217  associate of arts degree of 2.25 years or less for first-time
 2218  in-college students with accelerated college credits, as
 2219  reported by the Southern Regional Education Board.
 2220         (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 2221  Community Colleges Education shall designate each Florida
 2222  Community College System institution that meets five of the
 2223  seven standards identified in subsection (1) as a distinguished
 2224  college.
 2225         (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida Community
 2226  College System institution designated as a distinguished college
 2227  by the State Board of Community Colleges Education is eligible
 2228  for funding as specified in the General Appropriations Act.
 2229         Section 25. Subsection (9) of section 1001.706, Florida
 2230  Statutes, is amended to read:
 2231         1001.706 Powers and duties of the Board of Governors.—
 2232         (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
 2233  shall implement a plan for working on a regular basis with the
 2234  State Board of Education, the State Board of Community Colleges,
 2235  the Commission for Independent Education, the Higher Education
 2236  Coordinating Council, the Articulation Coordinating Committee,
 2237  the university boards of trustees, representatives of the
 2238  Florida Community College System institution boards of trustees,
 2239  representatives of the private colleges and universities, and
 2240  representatives of the district school boards to achieve a
 2241  seamless education system.
 2242         Section 26. Subsections (1) and (18) of section 1002.34,
 2243  Florida Statutes, are amended to read:
 2244         1002.34 Charter technical career centers; governance,
 2245  mission, and responsibilities.—
 2246         (1) MISSION AND AUTHORIZATION.—
 2247         (a) The primary mission of a charter technical career
 2248  center is to promote The Legislature finds that the
 2249  establishment of charter technical career centers can assist in
 2250  promoting advances and innovations in workforce preparation and
 2251  economic development. A charter technical career center may
 2252  provide a learning environment that better serves the needs of a
 2253  specific population group or a group of occupations, thus
 2254  promoting diversity and choices within the public education and
 2255  public postsecondary technical education community in this
 2256  state. Therefore, the creation of such centers is authorized as
 2257  part of the state’s program of public education. A charter
 2258  technical career center may be formed by creating a new school
 2259  or converting an existing school district or Florida Community
 2260  College System institution program to charter technical status.
 2261         (b) A charter technical career center that is operated by a
 2262  district school board may not offer a college credit course or a
 2263  college credit certificate or an associate degree or
 2264  baccalaureate degree program.
 2265         (18) RULES.—The State Board of Education, for technical
 2266  centers operated by school districts, and the State Board of
 2267  Community Colleges, for technical centers operated by Florida
 2268  Community College System institutions, shall adopt rules,
 2269  pursuant to ss. 120.536(1) and 120.54, relating to the
 2270  implementation of charter technical career centers, including
 2271  rules to implement a charter model application form and an
 2272  evaluation instrument in accordance with this section.
 2273         Section 27. Paragraph (b) of subsection (4) of section
 2274  1003.491, Florida Statutes, is amended to read:
 2275         1003.491 Florida Career and Professional Education Act.—The
 2276  Florida Career and Professional Education Act is created to
 2277  provide a statewide planning partnership between the business
 2278  and education communities in order to attract, expand, and
 2279  retain targeted, high-value industry and to sustain a strong,
 2280  knowledge-based economy.
 2281         (4) The State Board of Education shall establish a process
 2282  for the continual and uninterrupted review of newly proposed
 2283  core secondary courses and existing courses requested to be
 2284  considered as core courses to ensure that sufficient rigor and
 2285  relevance is provided for workforce skills and postsecondary
 2286  education and aligned to state curriculum standards.
 2287         (b) The curriculum review committee shall review newly
 2288  proposed core courses electronically. Each proposed core course
 2289  shall be approved or denied within 30 days after submission by a
 2290  district school board or local workforce development board. All
 2291  courses approved as core courses for purposes of middle school
 2292  promotion and high school graduation shall be immediately added
 2293  to the Course Code Directory. Approved core courses shall also
 2294  be reviewed and considered for approval for dual enrollment
 2295  credit. The Board of Governors, the State Board of Community
 2296  Colleges, and the Commissioner of Education shall jointly
 2297  recommend an annual deadline for approval of new core courses to
 2298  be included for purposes of postsecondary admissions and dual
 2299  enrollment credit the following academic year. The State Board
 2300  of Education shall establish an appeals process in the event
 2301  that a proposed course is denied which shall require a consensus
 2302  ruling by the Department of Economic Opportunity and the
 2303  Commissioner of Education within 15 days.
 2304         Section 28. Paragraph (b) of subsection (4) of section
 2305  1003.493, Florida Statutes, is amended to read:
 2306         1003.493 Career and professional academies and career
 2307  themed courses.—
 2308         (4) Each career and professional academy and secondary
 2309  school providing a career-themed course must:
 2310         (b) Include one or more partnerships with postsecondary
 2311  institutions, businesses, industry, employers, economic
 2312  development organizations, or other appropriate partners from
 2313  the local community. Such partnerships with postsecondary
 2314  institutions shall be delineated in articulation agreements and
 2315  include any career and professional academy courses or career
 2316  themed courses that earn postsecondary credit. Such agreements
 2317  may include articulation between the secondary school and public
 2318  or private 2-year and 4-year postsecondary institutions and
 2319  technical centers. The Department of Education, in consultation
 2320  with the Board of Governors and the State Board of Community
 2321  Colleges, shall establish a mechanism to ensure articulation and
 2322  transfer of credits to postsecondary institutions in this state.
 2323  Such partnerships must provide opportunities for:
 2324         1. Instruction from highly skilled professionals who
 2325  possess industry-certification credentials for courses they are
 2326  teaching.
 2327         2. Internships, externships, and on-the-job training.
 2328         3. A postsecondary degree, diploma, or certificate.
 2329         4. The highest available level of industry certification.
 2330         5. Maximum articulation of credits pursuant to s. 1007.23
 2331  upon program completion.
 2332         Section 29. Subsections (4), (5), and (6) of section
 2333  1004.015, Florida Statutes, are amended to read:
 2334         1004.015 Higher Education Coordinating Council.—
 2335         (4) The council shall serve as an advisory board to the
 2336  Legislature, the State Board of Education, and the Board of
 2337  Governors, and the State Board of Community Colleges.
 2338  Recommendations of the council shall be consistent with the
 2339  following guiding principles:
 2340         (a) To achieve within existing resources a seamless
 2341  academic educational system that fosters an integrated continuum
 2342  of kindergarten through graduate school education for Florida’s
 2343  students.
 2344         (b) To promote consistent education policy across all
 2345  educational delivery systems, focusing on students.
 2346         (c) To promote substantially improved articulation across
 2347  all educational delivery systems.
 2348         (d) To promote a system that maximizes educational access
 2349  and allows the opportunity for a high-quality education for all
 2350  Floridians.
 2351         (e) To promote a system of coordinated and consistent
 2352  transfer of credit and data collection for improved
 2353  accountability purposes between the educational delivery
 2354  systems.
 2355         (5) The council shall annually by December 31 submit to the
 2356  Governor, the President of the Senate, the Speaker of the House
 2357  of Representatives, the Board of Governors, the State Board of
 2358  Community Colleges, and the State Board of Education a report
 2359  outlining its recommendations relating to:
 2360         (a) The primary core mission of public and nonpublic
 2361  postsecondary education institutions in the context of state
 2362  access demands and economic development goals.
 2363         (b) Performance outputs and outcomes designed to meet
 2364  annual and long-term state goals, including, but not limited to,
 2365  increased student access, preparedness, retention, transfer, and
 2366  completion. Performance measures must be consistent across
 2367  sectors and allow for a comparison of the state’s performance to
 2368  that of other states.
 2369         (c) The state’s articulation policies and practices to
 2370  ensure that cost benefits to the state are maximized without
 2371  jeopardizing quality. The recommendations shall consider return
 2372  on investment for both the state and students and propose
 2373  systems to facilitate and ensure institutional compliance with
 2374  state articulation policies.
 2375         (d) Workforce development education, specifically
 2376  recommending improvements to the consistency of workforce
 2377  education data collected and reported by Florida Community
 2378  College System institutions and school districts, including the
 2379  establishment of common elements and definitions for any data
 2380  that is used for state and federal funding and program
 2381  accountability.
 2382         (6) The Office of K-20 Articulation, in collaboration with
 2383  the Board of Governors and the State Board of Community Division
 2384  of Florida Colleges, shall provide administrative support for
 2385  the council.
 2386         Section 30. Subsection (7) of section 1004.02, Florida
 2387  Statutes, is amended to read:
 2388         1004.02 Definitions.—As used in this chapter:
 2389         (7) “Applied technology diploma program” means a course of
 2390  study that is part of a technical degree program, is less than
 2391  60 credit hours, and leads to employment in a specific
 2392  occupation. An applied technology diploma program may consist of
 2393  either technical credit or college credit. A public school
 2394  district may offer an applied technology diploma program only as
 2395  technical credit, with college credit awarded to a student upon
 2396  articulation to a Florida Community College System institution.
 2397  Statewide articulation among public schools and Florida
 2398  Community College System institutions is guaranteed by s.
 2399  1007.23, and is subject to guidelines and standards adopted by
 2400  the State Board of Community Colleges Education pursuant to ss.
 2401  1007.24 and 1007.25.
 2402         Section 31. Subsection (2) of section 1004.03, Florida
 2403  Statutes, is amended to read:
 2404         1004.03 Program approval.—
 2405         (2) The State Board of Community Colleges Education shall
 2406  establish criteria for the approval of new programs at Florida
 2407  Community College System institutions, which criteria include,
 2408  but are not limited to, the following:
 2409         (a) New programs may not be approved unless the same
 2410  objectives cannot be met through use of educational technology.
 2411         (b) Unnecessary duplication of programs offered by
 2412  independent institutions shall be avoided.
 2413         (c) Cooperative programs, particularly within regions,
 2414  should be encouraged.
 2415         (d) New programs may be approved only if they are
 2416  consistent with the state master plan adopted by the State Board
 2417  of Community Colleges Education.
 2418         Section 32. Paragraph (f) of subsection (4) of section
 2419  1004.04, Florida Statutes, is amended to read:
 2420         1004.04 Public accountability and state approval for
 2421  teacher preparation programs.—
 2422         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2423  teacher preparation program shall be based upon evidence that
 2424  the program continues to implement the requirements for initial
 2425  approval and upon significant, objective, and quantifiable
 2426  measures of the program and the performance of the program
 2427  completers.
 2428         (f) By January 1 of each year, the Department of Education
 2429  shall report the results of each approved program’s annual
 2430  progress on the performance measures in paragraph (a) as well as
 2431  the current approval status of each program to:
 2432         1. The Governor.
 2433         2. The President of the Senate.
 2434         3. The Speaker of the House of Representatives.
 2435         4. The State Board of Education.
 2436         5. The Board of Governors.
 2437         6. The State Board of Community Colleges.
 2438         7. The Commissioner of Education.
 2439         8.7. Each Florida postsecondary teacher preparation
 2440  program.
 2441         9.8. Each district school superintendent.
 2442         10.9. The public.
 2443  
 2444  This report may include the results of other continued approval
 2445  requirements provided by State Board of Education rule and
 2446  recommendations for improving teacher preparation programs in
 2447  the state.
 2448         Section 33. Section 1004.07, Florida Statutes, is amended
 2449  to read:
 2450         1004.07 Student withdrawal from courses due to military
 2451  service; effect.—
 2452         (1) Each district school board, Florida Community College
 2453  System institution board of trustees, and state university board
 2454  of trustees shall establish policies regarding currently
 2455  enrolled students who are called to, or enlist in, active
 2456  military service.
 2457         (2) Such policies must shall provide that any student
 2458  enrolled in a postsecondary course or courses at a career
 2459  center, a Florida Community College System institution, or a
 2460  state university may shall not incur academic or financial
 2461  penalties by virtue of performing military service on behalf of
 2462  our country. Such student shall be permitted the option of
 2463  either completing the course or courses at a later date without
 2464  penalty or withdrawing from the course or courses with a full
 2465  refund of fees paid. If the student chooses to withdraw, the
 2466  student’s record shall reflect that the withdrawal is due to
 2467  active military service.
 2468         (3) Policies of district school boards must and Florida
 2469  College System institution boards of trustees shall be
 2470  established by rule and pursuant to guidelines of the State
 2471  Board of Education.
 2472         (4) Policies of state university boards of trustees must
 2473  shall be established by regulation and pursuant to guidelines of
 2474  the Board of Governors.
 2475         (5) Policies of Florida Community College System
 2476  institution boards of trustees must be established by rule and
 2477  pursuant to guidelines of the State Board of Community Colleges.
 2478         Section 34. Section 1004.084, Florida Statutes, is amended
 2479  to read:
 2480         1004.084 College affordability.—
 2481         (1) The Board of Governors and the State Board of Community
 2482  Colleges Education shall annually identify strategies to promote
 2483  college affordability for all Floridians by evaluating, at a
 2484  minimum, the impact of:
 2485         (a) Tuition and fees on undergraduate, graduate, and
 2486  professional students at public colleges and universities and
 2487  graduate assistants employed by public universities.
 2488         (b) Federal, state, and institutional financial aid
 2489  policies on the actual cost of attendance for students and their
 2490  families.
 2491         (c) The costs of textbooks and instructional materials.
 2492         (2) By December 31 of each year, beginning in 2016, the
 2493  Board of Governors and the State Board of Community Colleges
 2494  Education shall submit a report on their respective college
 2495  affordability initiatives to the Governor, the President of the
 2496  Senate, and the Speaker of the House of Representatives.
 2497         Section 35. Paragraph (d) of subsection (3) and subsections
 2498  (6), (7), and (8) of section 1004.085, Florida Statutes, are
 2499  amended to read:
 2500         1004.085 Textbook and instructional materials
 2501  affordability.—
 2502         (3) An employee may receive:
 2503         (d) Fees associated with activities such as reviewing,
 2504  critiquing, or preparing support materials for textbooks or
 2505  instructional materials pursuant to guidelines adopted by the
 2506  State Board of Community Colleges Education or the Board of
 2507  Governors.
 2508         (6) Each Florida Community College System institution and
 2509  state university shall post prominently in the course
 2510  registration system and on its website, as early as is feasible,
 2511  but at least 45 days before the first day of class for each
 2512  term, a hyperlink to lists of required and recommended textbooks
 2513  and instructional materials for at least 95 percent of all
 2514  courses and course sections offered at the institution during
 2515  the upcoming term. The lists must include the International
 2516  Standard Book Number (ISBN) for each required and recommended
 2517  textbook and instructional material or other identifying
 2518  information, which must include, at a minimum, all of the
 2519  following: the title, all authors listed, publishers, edition
 2520  number, copyright date, published date, and other relevant
 2521  information necessary to identify the specific textbooks or
 2522  instructional materials required and recommended for each
 2523  course. The State Board of Community Colleges Education and the
 2524  Board of Governors shall include in the policies, procedures,
 2525  and guidelines adopted under subsection (7) certain limited
 2526  exceptions to this notification requirement for classes added
 2527  after the notification deadline.
 2528         (7) After receiving input from students, faculty,
 2529  bookstores, and publishers, the State Board of Community
 2530  Colleges Education and the Board of Governors each shall adopt
 2531  textbook and instructional materials affordability policies,
 2532  procedures, and guidelines for implementation by Florida
 2533  Community College System institutions and state universities,
 2534  respectively, that further efforts to minimize the cost of
 2535  textbooks and instructional materials for students attending
 2536  such institutions while maintaining the quality of education and
 2537  academic freedom. The policies, procedures, and guidelines shall
 2538  address:
 2539         (a) The establishment of deadlines for an instructor or
 2540  department to notify the bookstore of required and recommended
 2541  textbooks and instructional materials so that the bookstore may
 2542  verify availability, source lower cost options when practicable,
 2543  explore alternatives with faculty when academically appropriate,
 2544  and maximize the availability of used textbooks and
 2545  instructional materials.
 2546         (b) Confirmation by the course instructor or academic
 2547  department offering the course, before the textbook or
 2548  instructional materials adoption is finalized, of the intent to
 2549  use all items ordered, particularly each individual item sold as
 2550  part of a bundled package.
 2551         (c) Determination by a course instructor or the academic
 2552  department offering the course, before a textbook or
 2553  instructional material is adopted, of the extent to which a new
 2554  edition differs significantly and substantively from earlier
 2555  versions and the value to the student of changing to a new
 2556  edition or the extent to which an open-access textbook or
 2557  instructional material is available.
 2558         (d) The availability of required and recommended textbooks
 2559  and instructional materials to students otherwise unable to
 2560  afford the cost, including consideration of the extent to which
 2561  an open-access textbook or instructional material may be used.
 2562         (e) Participation by course instructors and academic
 2563  departments in the development, adaptation, and review of open
 2564  access textbooks and instructional materials and, in particular,
 2565  open-access textbooks and instructional materials for high
 2566  demand general education courses.
 2567         (f) Consultation with school districts to identify
 2568  practices that impact the cost of dual enrollment textbooks and
 2569  instructional materials to school districts, including, but not
 2570  limited to, the length of time that textbooks and instructional
 2571  materials remain in use.
 2572         (g) Selection of textbooks and instructional materials
 2573  through cost-benefit analyses that enable students to obtain the
 2574  highest-quality product at the lowest available price, by
 2575  considering:
 2576         1. Purchasing digital textbooks in bulk.
 2577         2. Expanding the use of open-access textbooks and
 2578  instructional materials.
 2579         3. Providing rental options for textbooks and instructional
 2580  materials.
 2581         4. Increasing the availability and use of affordable
 2582  digital textbooks and learning objects.
 2583         5. Developing mechanisms to assist in buying, renting,
 2584  selling, and sharing textbooks and instructional materials.
 2585         6. The length of time that textbooks and instructional
 2586  materials remain in use.
 2587         7. An evaluation of cost savings for textbooks and
 2588  instructional materials which a student may realize if
 2589  individual students are able to exercise opt-in provisions for
 2590  the purchase of the materials.
 2591         (8) The board of trustees of each Florida Community College
 2592  System institution and state university shall report, by
 2593  September 30 of each year, beginning in 2016, to the Chancellor
 2594  of the Florida Community College System or the Chancellor of the
 2595  State University System, as applicable, the textbook and
 2596  instructional materials selection process for general education
 2597  courses with a wide cost variance identified pursuant to
 2598  subsection (4) and high-enrollment courses; specific initiatives
 2599  of the institution designed to reduce the costs of textbooks and
 2600  instructional materials; policies implemented in accordance with
 2601  subsection (6); the number of courses and course sections that
 2602  were not able to meet the textbook and instructional materials
 2603  posting deadline for the previous academic year; and any
 2604  additional information determined by the chancellors. By
 2605  November 1 of each year, beginning in 2016, each chancellor
 2606  shall provide a summary of the information provided by
 2607  institutions to the State Board of Community Colleges Education
 2608  and the Board of Governors, as applicable.
 2609         Section 36. Section 1004.096, Florida Statutes, is amended
 2610  to read:
 2611         1004.096 College credit for military training and education
 2612  courses.—The Board of Governors shall adopt regulations and the
 2613  State Board of Community Colleges Education shall adopt rules
 2614  that enable eligible servicemembers or veterans of the United
 2615  States Armed Forces to earn academic college credit at public
 2616  postsecondary educational institutions for college-level
 2617  training and education acquired in the military. The regulations
 2618  and rules shall include procedures for credential evaluation and
 2619  the award of academic college credit, including, but not limited
 2620  to, equivalency and alignment of military coursework with
 2621  appropriate college courses, course descriptions, type and
 2622  amount of college credit that may be awarded, and transfer of
 2623  credit.
 2624         Section 37. Section 1004.0961, Florida Statutes, is amended
 2625  to read:
 2626         1004.0961 Credit for online courses.—Beginning in the 2015
 2627  2016 school year, The State Board of Community Colleges
 2628  Education shall adopt rules and the Board of Governors shall
 2629  adopt regulations that enable students to earn academic credit
 2630  for online courses, including massive open online courses,
 2631  before initial enrollment at a postsecondary institution. The
 2632  rules of the State Board of Community Colleges Education and
 2633  regulations of the Board of Governors must include procedures
 2634  for credential evaluation and the award of credit, including,
 2635  but not limited to, recommendations for credit by the American
 2636  Council on Education; equivalency and alignment of coursework
 2637  with appropriate courses; course descriptions; type and amount
 2638  of credit that may be awarded; and transfer of credit.
 2639         Section 38. Section 1004.35, Florida Statutes, is amended
 2640  to read:
 2641         1004.35 Broward County campuses of Florida Atlantic
 2642  University; coordination with other institutions.—The State
 2643  Board of Community Colleges Education, the Board of Governors,
 2644  and Florida Atlantic University shall consult with Broward
 2645  College and Florida International University in coordinating
 2646  course offerings at the postsecondary level in Broward County.
 2647  Florida Atlantic University may contract with the Board of
 2648  Trustees of Broward College and with Florida International
 2649  University to provide instruction in courses offered at the
 2650  Southeast Campus. Florida Atlantic University shall increase
 2651  course offerings at the Southeast Campus as facilities become
 2652  available.
 2653         Section 39. Paragraphs (c) and (d) of subsection (5) and
 2654  subsections (8) and (9) of section 1004.6495, Florida Statutes,
 2655  are amended to read:
 2656         1004.6495 Florida Postsecondary Comprehensive Transition
 2657  Program and Florida Center for Students with Unique Abilities.—
 2658         (5) CENTER RESPONSIBILITIES.—The Florida Center for
 2659  Students with Unique Abilities is established within the
 2660  University of Central Florida. At a minimum, the center shall:
 2661         (c) Create the application for the initial approval and
 2662  renewal of approval as an FPCTP for use by an eligible
 2663  institution which, at a minimum, must align with the federal
 2664  comprehensive transition and postsecondary program application
 2665  requirements. Notwithstanding the program approval requirements
 2666  of s. 1004.03, the director shall review applications for the
 2667  initial approval of an application for, or renewal of approval
 2668  of, an FPCTP.
 2669         1. Within 30 days after receipt of an application, the
 2670  director shall issue his or her recommendation regarding
 2671  approval to the Chancellor of the State University System, or
 2672  the Chancellor of the Florida Community College System, or the
 2673  Commissioner of Education, as applicable, or shall give written
 2674  notice to the applicant of any deficiencies in the application,
 2675  which the eligible institution must be given an opportunity to
 2676  correct. Within 15 days after receipt of a notice of
 2677  deficiencies, an eligible institution that chooses to continue
 2678  to seek program approval shall correct the application
 2679  deficiencies and return the application to the center. Within 30
 2680  days after receipt of a revised application, the director shall
 2681  recommend approval or disapproval of the revised application to
 2682  the applicable chancellor or the commissioner, as applicable.
 2683  Within 15 days after receipt of the director’s recommendation,
 2684  the applicable chancellor or the commissioner shall approve or
 2685  disapprove the recommendation. If the applicable chancellor or
 2686  the commissioner does not act on the director’s recommendation
 2687  within 15 days after receipt of such recommendation, the
 2688  comprehensive transition program proposed by the institution
 2689  shall be considered approved.
 2690         2. Initial approval of an application for an FPCTP that
 2691  meets the requirements of this section is valid for the 3
 2692  academic years immediately following the academic year during
 2693  which the approval is granted. An eligible institution may
 2694  submit an application to the center requesting that the initial
 2695  approval be renewed. If the approval is granted and the FPCTP
 2696  continues to meet the requirements of this section, including,
 2697  but not limited to, program and student performance outcomes,
 2698  and federal requirements, a renewal is valid for the 5 academic
 2699  years immediately following the academic year during which the
 2700  renewal is granted.
 2701         3. An application must, at a minimum:
 2702         a. Identify a credential associated with the proposed
 2703  program which will be awarded to eligible students upon
 2704  completion of the FPCTP.
 2705         b. Outline the program length and design, including, at a
 2706  minimum, inclusive and successful experiential education
 2707  practices relating to curricular, assessment, and advising
 2708  structure and internship and employment opportunities, which
 2709  must support students with intellectual disabilities who are
 2710  seeking to continue academic, career and technical, and
 2711  independent living instruction at an eligible institution,
 2712  including, but not limited to, opportunities to earn industry
 2713  certifications, to prepare students for gainful employment. If
 2714  an eligible institution offers a credit-bearing degree program,
 2715  the institution is responsible for maintaining the rigor and
 2716  effectiveness of a comprehensive transition degree program at
 2717  the same level as other comparable degree programs offered by
 2718  the institution pursuant to applicable accreditation standards.
 2719         c. Outline a plan for students with intellectual
 2720  disabilities to be integrated socially and academically with
 2721  nondisabled students, to the maximum extent possible, and to
 2722  participate on not less than a half-time basis, as determined by
 2723  the eligible institution, with such participation focusing on
 2724  academic components and occurring through one or more of the
 2725  following activities with nondisabled students:
 2726         (I) Regular enrollment in credit-bearing courses offered by
 2727  the institution.
 2728         (II) Auditing or participating in courses offered by the
 2729  institution for which the student does not receive academic
 2730  credit.
 2731         (III) Enrollment in noncredit-bearing, nondegree courses.
 2732         (IV) Participation in internships or work-based training.
 2733         d. Outline a plan for partnerships with businesses to
 2734  promote experiential training and employment opportunities for
 2735  students with intellectual disabilities.
 2736         e. Identify performance indicators pursuant to subsection
 2737  (8) and other requirements identified by the center.
 2738         f. Outline a 5-year plan incorporating enrollment and
 2739  operational expectations for the program.
 2740         (d) Provide technical assistance regarding programs and
 2741  services for students with intellectual disabilities to
 2742  administrators, instructors, staff, and others, as applicable,
 2743  at eligible institutions by:
 2744         1. Holding meetings and annual workshops to share
 2745  successful practices and to address issues or concerns.
 2746         2. Facilitating collaboration between eligible institutions
 2747  and school districts, private schools operating pursuant to s.
 2748  1002.42, and parents of students enrolled in home education
 2749  programs operating pursuant to s. 1002.41 in assisting students
 2750  with intellectual disabilities and their parents to plan for the
 2751  transition of such students into an FPCTP or another program at
 2752  an eligible institution.
 2753         3. Assisting eligible institutions with FPCTP and federal
 2754  comprehensive transition and postsecondary program applications.
 2755         4. Assisting eligible institutions with the identification
 2756  of funding sources for an FPCTP and for student financial
 2757  assistance for students enrolled in an FPCTP.
 2758         5. Monitoring federal and state law relating to the
 2759  comprehensive transition program and notifying the Legislature,
 2760  the Governor, the Board of Governors, the State Board of
 2761  Community Colleges, and the State Board of Education of any
 2762  change in law which may impact the implementation of this
 2763  section.
 2764         (8) ACCOUNTABILITY.—
 2765         (a) The center, in collaboration with the Board of
 2766  Governors and the State Board of Community Colleges Education,
 2767  shall identify indicators for the satisfactory progress of a
 2768  student in an FPCTP and for the performance of such programs.
 2769  Each eligible institution must address the indicators identified
 2770  by the center in its application for the approval of a proposed
 2771  program and for the renewal of an FPCTP and in the annual report
 2772  that the institution submits to the center.
 2773         (b) By October 1 of each year, the center shall provide to
 2774  the Governor, the President of the Senate, the Speaker of the
 2775  House of Representatives, the Chancellor of the State University
 2776  System, and the Chancellor of the Florida Community College
 2777  System Commissioner of Education a report summarizing
 2778  information including, but not limited to:
 2779         1. The status of the statewide coordination of FPCTPs and
 2780  the implementation of FPCTPs at eligible institutions including,
 2781  but not limited to:
 2782         a. The number of applications approved and disapproved and
 2783  the reasons for each disapproval and no action taken by the
 2784  chancellor or the commissioner.
 2785         b. The number and value of all scholarships awarded to
 2786  students and undisbursed advances remitted to the center
 2787  pursuant to subsection (7).
 2788         2. Indicators identified by the center pursuant to
 2789  paragraph (a) and the performance of each eligible institution
 2790  based on the indicators identified in paragraph (6)(c).
 2791         3. The projected number of students with intellectual
 2792  disabilities who may be eligible to enroll in the FPCTPs within
 2793  the next academic year.
 2794         4. Education programs and services for students with
 2795  intellectual disabilities which are available at eligible
 2796  institutions.
 2797         (c) Beginning in the 2016-2017 fiscal year, the center, in
 2798  collaboration with the Board of Governors, State Board of
 2799  Community Colleges Education, Higher Education Coordinating
 2800  Council, and other stakeholders, by December 1 of each year,
 2801  shall submit to the Governor, the President of the Senate, and
 2802  the Speaker of the House of Representatives statutory and budget
 2803  recommendations for improving the implementation and delivery of
 2804  FPCTPs and other education programs and services for students
 2805  with disabilities.
 2806         (9) RULES.—The Board of Governors and the State Board of
 2807  Community Colleges Education, in consultation with the center,
 2808  shall expeditiously adopt any necessary regulations and rules,
 2809  as applicable, to allow the center to perform its
 2810  responsibilities pursuant to this section beginning in the 2016
 2811  2017 fiscal year.
 2812         Section 40. Section 1004.65, Florida Statutes, is amended
 2813  to read:
 2814         1004.65 Florida Community College System institutions;
 2815  governance, mission, and responsibilities.—
 2816         (1) Each Florida Community College System institution shall
 2817  be governed by a district board of trustees under statutory
 2818  authority and rules of the State Board of Community Colleges
 2819  Education.
 2820         (2) Each Florida Community College System institution
 2821  district shall:
 2822         (a) Consist of the county or counties served by the Florida
 2823  Community College System institution pursuant to s. 1000.21(3).
 2824         (b) Be an independent, separate, legal entity created for
 2825  the operation of a Florida Community College System institution.
 2826         (3) Florida Community College System institutions are
 2827  locally based and governed entities with statutory and funding
 2828  ties to state government. As such, the mission for Florida
 2829  Community College System institutions reflects a commitment to
 2830  be responsive to local educational needs and challenges. In
 2831  achieving this mission, Florida Community College System
 2832  institutions strive to maintain sufficient local authority and
 2833  flexibility while preserving appropriate legal accountability to
 2834  the state.
 2835         (4) As comprehensive institutions, Florida Community
 2836  College System institutions shall provide high-quality,
 2837  affordable education and training opportunities, shall foster a
 2838  climate of excellence, and shall provide opportunities to all
 2839  while combining high standards with an open-door admission
 2840  policy for lower-division programs. Florida Community College
 2841  System institutions shall, as open-access institutions, serve
 2842  all who can benefit, without regard to age, race, gender, creed,
 2843  or ethnic or economic background, while emphasizing the
 2844  achievement of social and educational equity so that all can be
 2845  prepared for full participation in society.
 2846         (5) The primary mission and responsibility of Florida
 2847  Community College System institutions is responding to community
 2848  needs for postsecondary academic education and career degree
 2849  education. This mission and responsibility includes being
 2850  responsible for:
 2851         (a) Providing lower-level lower level undergraduate
 2852  instruction and awarding associate degrees.
 2853         (b) Preparing students directly for careers requiring less
 2854  than baccalaureate degrees. This may include preparing for job
 2855  entry, supplementing of skills and knowledge, and responding to
 2856  needs in new areas of technology. Career education in a Florida
 2857  Community College System institution consists shall consist of
 2858  career certificates, nationally recognized industry
 2859  certifications, credit courses leading to associate in science
 2860  degrees and associate in applied science degrees, and other
 2861  programs in fields requiring substantial academic work,
 2862  background, or qualifications. A Florida Community College
 2863  System institution may offer career education programs in fields
 2864  having lesser academic or technical requirements.
 2865         (c) Providing student development services, including
 2866  assessment, student tracking, support for disabled students,
 2867  advisement, counseling, financial aid, career development, and
 2868  remedial and tutorial services, to ensure student success.
 2869         (d) Promoting economic development for the state within
 2870  each Florida Community College System institution district
 2871  through the provision of special programs, including, but not
 2872  limited to, the:
 2873         1. Enterprise Florida-related programs.
 2874         2. Technology transfer centers.
 2875         3. Economic development centers.
 2876         4. Workforce literacy programs.
 2877         (e) Providing dual enrollment instruction.
 2878         (f) Providing upper level instruction and awarding
 2879  baccalaureate degrees as specifically authorized by law.
 2880         (6) A separate and secondary role for Florida Community
 2881  College System institutions includes the offering of programs
 2882  in:
 2883         (a) Programs in community services that are not directly
 2884  related to academic or occupational advancement.
 2885         (b) Programs in adult education services, including adult
 2886  basic education, adult general education, adult secondary
 2887  education, and high school equivalency examination instruction.
 2888         (c) Programs in recreational and leisure services.
 2889         (d) Upper-level instruction and awarding baccalaureate
 2890  degrees as specifically authorized by law.
 2891         (7) Funding for Florida Community College System
 2892  institutions must shall reflect their mission as follows:
 2893         (a) Postsecondary academic and career education programs
 2894  and adult general education programs must shall have first
 2895  priority in Florida Community College System institution
 2896  funding.
 2897         (b) Community service programs shall be presented to the
 2898  Legislature with rationale for state funding. The Legislature
 2899  may identify priority areas for use of these funds.
 2900         (c) The resources of a Florida Community College System
 2901  institution, including staff, faculty, land, and facilities, may
 2902  shall not be used to support the establishment of a new
 2903  independent nonpublic educational institution. If any
 2904  institution uses resources for such purpose, the State Board of
 2905  Community Division of Florida Colleges shall notify the
 2906  President of the Senate and the Speaker of the House of
 2907  Representatives.
 2908         (8) Florida Community College System institutions are
 2909  authorized to:
 2910         (a) Offer such programs and courses as are necessary to
 2911  fulfill their mission.
 2912         (b) Grant associate in arts degrees, associate in science
 2913  degrees, associate in applied science degrees, certificates,
 2914  awards, and diplomas.
 2915         (c) Make provisions for the high school equivalency
 2916  examination.
 2917         (d) Provide access to and award baccalaureate degrees in
 2918  accordance with law.
 2919  
 2920  Authority to offer one or more baccalaureate degree programs
 2921  does not alter the governance relationship of the Florida
 2922  Community College System institution with its district board of
 2923  trustees or the State Board of Community Colleges Education.
 2924         Section 41. Section 1004.67, Florida Statutes, is amended
 2925  to read:
 2926         1004.67 Florida Community College System institutions;
 2927  legislative intent.—It is The legislative intent that Florida
 2928  Community College System institutions, constituted as political
 2929  subdivisions of the state, continue to be operated by Florida
 2930  Community College System institution boards of trustees as
 2931  provided in s. 1001.63 and that no department, bureau, division,
 2932  agency, or subdivision of the state exercise any responsibility
 2933  and authority to operate any Florida Community College System
 2934  institution of the state except as specifically provided by law
 2935  or rules of the State Board of Community Colleges Education.
 2936         Section 42. Section 1004.70, Florida Statutes, is amended
 2937  to read:
 2938         1004.70 Florida Community College System institution
 2939  direct-support organizations.—
 2940         (1) DEFINITIONS.—For the purposes of this section:
 2941         (a) “Florida Community College System institution direct
 2942  support organization” means an organization that is:
 2943         1. A Florida corporation not for profit, incorporated under
 2944  the provisions of chapter 617 and approved by the Department of
 2945  State.
 2946         2. Organized and operated exclusively to receive, hold,
 2947  invest, and administer property and to make expenditures to, or
 2948  for the benefit of, a Florida Community College System
 2949  institution in this state.
 2950         3. An organization that the Florida Community College
 2951  System institution board of trustees, after review, has
 2952  certified to be operating in a manner consistent with the goals
 2953  of the Florida Community College System institution and in the
 2954  best interest of the state. Any organization that is denied
 2955  certification by the board of trustees may not use the name of
 2956  the Florida Community College System institution that it serves.
 2957         (b) “Personal services” includes full-time or part-time
 2958  personnel as well as payroll processing.
 2959         (2) BOARD OF DIRECTORS.—The chair of the board of trustees
 2960  shall appoint a representative to the board of directors and the
 2961  executive committee of each direct-support organization
 2962  established under this section, including those established
 2963  before July 1, 1998. The president of the Florida Community
 2964  College System institution for which the direct-support
 2965  organization is established, or the president’s designee, shall
 2966  also serve on the board of directors and the executive committee
 2967  of the direct-support organization, including any direct-support
 2968  organization established before July 1, 1998.
 2969         (3) USE OF PROPERTY.—
 2970         (a) The board of trustees is authorized to permit the use
 2971  of property, facilities, and personal services at any Florida
 2972  Community College System institution by any Florida Community
 2973  College System institution direct-support organization, subject
 2974  to the provisions of this section.
 2975         (b) The board of trustees is authorized to prescribe by
 2976  rule any condition with which a Florida Community College System
 2977  institution direct-support organization must comply in order to
 2978  use property, facilities, or personal services at any Florida
 2979  Community College System institution.
 2980         (c) The board of trustees may not permit the use of
 2981  property, facilities, or personal services at any Florida
 2982  Community College System institution by any Florida Community
 2983  College System institution direct-support organization that does
 2984  not provide equal employment opportunities to all persons
 2985  regardless of race, color, national origin, gender, age, or
 2986  religion.
 2987         (4) ACTIVITIES; RESTRICTIONS.—
 2988         (a) A direct-support organization may, at the request of
 2989  the board of trustees, provide residency opportunities on or
 2990  near campus for students.
 2991         (b) A direct-support organization that constructs
 2992  facilities for use by a Florida Community College System
 2993  institution or its students must comply with all requirements of
 2994  law relating to the construction of facilities by a Florida
 2995  Community College System institution, including requirements for
 2996  competitive bidding.
 2997         (c) Any transaction or agreement between one direct-support
 2998  organization and another direct-support organization must be
 2999  approved by the board of trustees.
 3000         (d) A Florida Community College System institution direct
 3001  support organization is prohibited from giving, either directly
 3002  or indirectly, any gift to a political committee as defined in
 3003  s. 106.011 for any purpose other than those certified by a
 3004  majority roll call vote of the governing board of the direct
 3005  support organization at a regularly scheduled meeting as being
 3006  directly related to the educational mission of the Florida
 3007  Community College System institution.
 3008         (e) A Florida Community College System institution board of
 3009  trustees must authorize all debt, including lease-purchase
 3010  agreements, incurred by a direct-support organization.
 3011  Authorization for approval of short-term loans and lease
 3012  purchase agreements for a term of not more than 5 years,
 3013  including renewals, extensions, and refundings, for goods,
 3014  materials, equipment, and services may be delegated by the board
 3015  of trustees to the board of directors of the direct-support
 3016  organization. Trustees shall evaluate proposals for debt
 3017  according to guidelines issued by the State Board of Community
 3018  Division of Florida Colleges. Revenues of the Florida Community
 3019  College System institution may not be pledged to debt issued by
 3020  direct-support organizations.
 3021         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3022  organization shall submit to the board of trustees its federal
 3023  Internal Revenue Service Application for Recognition of
 3024  Exemption form (Form 1023) and its federal Internal Revenue
 3025  Service Return of Organization Exempt from Income Tax form (Form
 3026  990).
 3027         (6) ANNUAL AUDIT.—Each direct-support organization shall
 3028  provide for an annual financial audit in accordance with rules
 3029  adopted by the Auditor General pursuant to s. 11.45(8). The
 3030  annual audit report must be submitted, within 9 months after the
 3031  end of the fiscal year, to the Auditor General, the State Board
 3032  of Community Colleges Education, and the board of trustees for
 3033  review. The board of trustees, the Auditor General, and the
 3034  Office of Program Policy Analysis and Government Accountability
 3035  may require and receive from the organization or from its
 3036  independent auditor any detail or supplemental data relative to
 3037  the operation of the organization. The identity of donors who
 3038  desire to remain anonymous shall be protected, and that
 3039  anonymity shall be maintained in the auditor’s report. All
 3040  records of the organization, other than the auditor’s report,
 3041  any information necessary for the auditor’s report, any
 3042  information related to the expenditure of funds, and any
 3043  supplemental data requested by the board of trustees, the
 3044  Auditor General, and the Office of Program Policy Analysis and
 3045  Government Accountability, shall be confidential and exempt from
 3046  the provisions of s. 119.07(1).
 3047         Section 43. Section 1004.71, Florida Statutes, is amended
 3048  to read:
 3049         1004.71 Statewide Florida Community College System
 3050  institution direct-support organizations.—
 3051         (1) DEFINITIONS.—For the purposes of this section:
 3052         (a) “Statewide Florida Community College System institution
 3053  direct-support organization” means an organization that is:
 3054         1. A Florida corporation not for profit, incorporated under
 3055  the provisions of chapter 617 and approved by the Department of
 3056  State.
 3057         2. Organized and operated exclusively to receive, hold,
 3058  invest, and administer property and to make expenditures to, or
 3059  for the benefit of, the Florida Community College System
 3060  institutions in this state.
 3061         3. An organization that the State Board of Community
 3062  Colleges Education, after review, has certified to be operating
 3063  in a manner consistent with the goals of the Florida Community
 3064  College System institutions and in the best interest of the
 3065  state.
 3066         (b) “Personal services” includes full-time or part-time
 3067  personnel as well as payroll processing.
 3068         (2) BOARD OF DIRECTORS.—The chair of the State Board of
 3069  Community Colleges Education may appoint a representative to the
 3070  board of directors and the executive committee of any statewide,
 3071  direct-support organization established under this section or s.
 3072  1004.70. The chair of the State Board of Community Colleges
 3073  Education, or the chair’s designee, shall also serve on the
 3074  board of directors and the executive committee of any direct
 3075  support organization established to benefit Florida Community
 3076  College System institutions.
 3077         (3) USE OF PROPERTY.—
 3078         (a) The State Board of Education may permit the use of
 3079  property, facilities, and personal services of the Department of
 3080  Education by any statewide Florida Community College System
 3081  institution direct-support organization, subject to the
 3082  provisions of this section.
 3083         (b) The State Board of Education may prescribe by rule any
 3084  condition with which a statewide Florida Community College
 3085  System institution direct-support organization must comply in
 3086  order to use property, facilities, or personal services of the
 3087  Department of Education.
 3088         (c) The State Board of Education may not permit the use of
 3089  property, facilities, or personal services of the Department of
 3090  Education by any statewide Florida Community College System
 3091  institution direct-support organization that does not provide
 3092  equal employment opportunities to all persons regardless of
 3093  race, color, national origin, gender, age, or religion.
 3094         (4) RESTRICTIONS.—
 3095         (a) A statewide, direct-support organization may not use
 3096  public funds to acquire, construct, maintain, or operate any
 3097  facilities.
 3098         (b) Any transaction or agreement between a statewide,
 3099  direct-support organization and any other direct-support
 3100  organization must be approved by the State Board of Community
 3101  Colleges Education.
 3102         (c) A statewide Florida Community College System
 3103  institution direct-support organization is prohibited from
 3104  giving, either directly or indirectly, any gift to a political
 3105  committee as defined in s. 106.011 for any purpose other than
 3106  those certified by a majority roll call vote of the governing
 3107  board of the direct-support organization at a regularly
 3108  scheduled meeting as being directly related to the educational
 3109  mission of the State Board of Community Colleges Education.
 3110         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3111  organization shall submit to the State Board of Community
 3112  Colleges Education its federal Internal Revenue Service
 3113  Application for Recognition of Exemption form (Form 1023) and
 3114  its federal Internal Revenue Service Return of Organization
 3115  Exempt from Income Tax form (Form 990).
 3116         (6) ANNUAL AUDIT.—A statewide Florida Community College
 3117  System institution direct-support organization shall provide for
 3118  an annual financial audit in accordance with s. 1004.70. The
 3119  identity of a donor or prospective donor who desires to remain
 3120  anonymous and all information identifying such donor or
 3121  prospective donor are confidential and exempt from the
 3122  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 3123  Constitution. Such anonymity shall be maintained in the
 3124  auditor’s report.
 3125         Section 44. Subsection (4) of section 1004.74, Florida
 3126  Statutes, is amended to read:
 3127         1004.74 Florida School of the Arts.—
 3128         (4) The Council for the Florida School of the Arts shall be
 3129  established to advise the Florida Community College System
 3130  institution district board of trustees on matters pertaining to
 3131  the operation of the school. The council shall consist of nine
 3132  members, appointed jointly by the Chancellor of the Florida
 3133  Community College System and the Commissioner of Education for
 3134  4-year terms. A member may serve three terms and may serve until
 3135  replaced.
 3136         Section 45. Section 1004.78, Florida Statutes, is amended
 3137  to read:
 3138         1004.78 Technology transfer centers at Florida Community
 3139  College System institutions.—
 3140         (1) Each Florida Community College System institution may
 3141  establish a technology transfer center for the purpose of
 3142  providing institutional support to local business and industry
 3143  and governmental agencies in the application of new research in
 3144  technology. The primary responsibilities of such centers may
 3145  include: identifying technology research developed by
 3146  universities, research institutions, businesses, industries, the
 3147  United States Armed Forces, and other state or federal
 3148  governmental agencies; determining and demonstrating the
 3149  application of technologies; training workers to integrate
 3150  advanced equipment and production processes; and determining for
 3151  business and industry the feasibility and efficiency of
 3152  accommodating advanced technologies.
 3153         (2) The Florida Community College System institution board
 3154  of trustees shall set such policies to regulate the activities
 3155  of the technology transfer center as it may consider necessary
 3156  to effectuate the purposes of this section and to administer the
 3157  programs of the center in a manner which assures efficiency and
 3158  effectiveness, producing the maximum benefit for the educational
 3159  programs and maximum service to the state. To this end,
 3160  materials that relate to methods of manufacture or production,
 3161  potential trade secrets, potentially patentable material, actual
 3162  trade secrets, business transactions, or proprietary information
 3163  received, generated, ascertained, or discovered during the
 3164  course of activities conducted within the Florida Community
 3165  College System institutions shall be confidential and exempt
 3166  from the provisions of s. 119.07(1), except that a Florida
 3167  Community College System institution shall make available upon
 3168  request the title and description of a project, the name of the
 3169  investigator, and the amount and source of funding provided for
 3170  such project.
 3171         (3) A technology transfer center created under the
 3172  provisions of this section shall be under the supervision of the
 3173  board of trustees of that Florida Community College System
 3174  institution, which is authorized to appoint a director; to
 3175  employ full-time and part-time staff, research personnel, and
 3176  professional services; to employ on a part-time basis personnel
 3177  of the Florida Community College System institution; and to
 3178  employ temporary employees whose salaries are paid entirely from
 3179  the permanent technology transfer fund or from that fund in
 3180  combination with other nonstate sources, with such positions
 3181  being exempt from the requirements of the Florida Statutes
 3182  relating to salaries, except that no such appointment shall be
 3183  made for a total period of longer than 1 year.
 3184         (4) The board of trustees of the Florida Community College
 3185  System institution in which a technology transfer center is
 3186  created, or its designee, may negotiate, enter into, and execute
 3187  contracts; solicit and accept grants and donations; and fix and
 3188  collect fees, other payments, and donations that may accrue by
 3189  reason thereof for technology transfer activities. The board of
 3190  trustees or its designee may negotiate, enter into, and execute
 3191  contracts on a cost-reimbursement basis and may provide
 3192  temporary financing of such costs prior to reimbursement from
 3193  moneys on deposit in the technology transfer fund, except as may
 3194  be prohibited elsewhere by law.
 3195         (5) A technology transfer center shall be financed from the
 3196  Academic Improvement Program or from moneys of a Florida
 3197  Community College System institution which are on deposit or
 3198  received for use in the activities conducted in the center. Such
 3199  moneys shall be deposited by the Florida Community College
 3200  System institution in a permanent technology transfer fund in a
 3201  depository or depositories approved for the deposit of state
 3202  funds and shall be accounted for and disbursed subject to audit
 3203  by the Auditor General.
 3204         (6) The fund balance in any existing research trust fund of
 3205  a Florida Community College System institution at the time a
 3206  technology transfer center is created shall be transferred to a
 3207  permanent technology transfer fund established for the Florida
 3208  Community College System institution, and thereafter the fund
 3209  balance of the technology transfer fund at the end of any fiscal
 3210  period may be used during any succeeding period pursuant to this
 3211  section.
 3212         (7) Moneys deposited in the permanent technology transfer
 3213  fund of a Florida Community College System institution shall be
 3214  disbursed in accordance with the terms of the contract, grant,
 3215  or donation under which they are received. Moneys received for
 3216  overhead or indirect costs and other moneys not required for the
 3217  payment of direct costs shall be applied to the cost of
 3218  operating the technology transfer center.
 3219         (8) All purchases of a technology transfer center shall be
 3220  made in accordance with the policies and procedures of the
 3221  Florida Community College System institution.
 3222         (9) The Florida Community College System institution board
 3223  of trustees may authorize the construction, alteration, or
 3224  remodeling of buildings when the funds used are derived entirely
 3225  from the technology transfer fund of a Florida Community College
 3226  System institution or from that fund in combination with other
 3227  nonstate sources, provided that such construction, alteration,
 3228  or remodeling is for use exclusively by the center. It also may
 3229  authorize the acquisition of real property when the cost is
 3230  entirely from said funds. Title to all real property shall vest
 3231  in the board of trustees.
 3232         (10) The State Board of Community Colleges Education may
 3233  award grants to Florida Community College System institutions,
 3234  or consortia of public and private colleges and universities and
 3235  other public and private entities, for the purpose of supporting
 3236  the objectives of this section. Grants awarded pursuant to this
 3237  subsection shall be in accordance with rules of the State Board
 3238  of Community Colleges Education. Such rules shall include the
 3239  following provisions:
 3240         (a) The number of centers established with state funds
 3241  provided expressly for the purpose of technology transfer shall
 3242  be limited, but shall be geographically located to maximize
 3243  public access to center resources and services.
 3244         (b) Grants to centers funded with state revenues
 3245  appropriated specifically for technology transfer activities
 3246  shall be reviewed and approved by the State Board of Community
 3247  Colleges Education using proposal solicitation, evaluation, and
 3248  selection procedures established by the state board in
 3249  consultation with Enterprise Florida, Inc. Such procedures may
 3250  include designation of specific areas or applications of
 3251  technology as priorities for the receipt of funding.
 3252         (c) Priority for the receipt of state funds appropriated
 3253  specifically for the purpose of technology transfer shall be
 3254  given to grant proposals developed jointly by Florida Community
 3255  College System institutions and public and private colleges and
 3256  universities.
 3257         (11) Each technology transfer center established under the
 3258  provisions of this section shall establish a technology transfer
 3259  center advisory committee. Each committee shall include
 3260  representatives of a university or universities conducting
 3261  research in the area of specialty of the center. Other members
 3262  shall be determined by the Florida Community College System
 3263  institution board of trustees.
 3264         Section 46. Subsection (4) of section 1004.80, Florida
 3265  Statutes, is amended to read:
 3266         1004.80 Economic development centers.—
 3267         (4) The State Board of Community Colleges Education may
 3268  award grants to economic development centers for the purposes of
 3269  this section. Grants awarded pursuant to this subsection shall
 3270  be in accordance with rules established by the State Board of
 3271  Community Colleges Education.
 3272         Section 47. Section 1004.91, Florida Statutes, is amended
 3273  to read:
 3274         1004.91 Requirements for career education program basic
 3275  skills.—
 3276         (1) The State Board of Education, for career centers
 3277  operated by district school boards, and the State Board of
 3278  Community Colleges, for charter technical career centers
 3279  operated by Florida Community College System institutions, shall
 3280  collaborate to adopt, by rule, standards of basic skill mastery
 3281  for completion of certificate career education programs. Each
 3282  school district and Florida Community College System institution
 3283  that conducts programs that confer career and technical
 3284  certificates shall provide applied academics instruction through
 3285  which students receive the basic skills instruction required
 3286  pursuant to this section.
 3287         (2) Students who enroll in a program offered for career
 3288  credit of 450 hours or more shall complete an entry-level
 3289  examination within the first 6 weeks after admission into the
 3290  program. The State Board of Education and the State Board of
 3291  Community Colleges shall collaborate to designate examinations
 3292  that are currently in existence, the results of which are
 3293  comparable across institutions, to assess student mastery of
 3294  basic skills. Any student found to lack the required level of
 3295  basic skills for such program shall be referred to applied
 3296  academics instruction or another adult general education program
 3297  for a structured program of basic skills instruction. Such
 3298  instruction may include English for speakers of other languages.
 3299  A student may not receive a career or technical certificate of
 3300  completion without first demonstrating the basic skills required
 3301  in the state curriculum frameworks for the career education
 3302  program.
 3303         (3)(a) An adult student with a disability may be exempted
 3304  from this section.
 3305         (b) The following students are exempt from this section:
 3306         1. A student who possesses a college degree at the
 3307  associate in applied science level or higher.
 3308         2. A student who demonstrates readiness for public
 3309  postsecondary education pursuant to s. 1008.30 and applicable
 3310  rules adopted by the State Board of Education and State Board of
 3311  Community Colleges.
 3312         3. A student who passes a state or national industry
 3313  certification or licensure examination that is identified in
 3314  State Board of Education or State Board of Community Colleges
 3315  rules and aligned to the career education program in which the
 3316  student is enrolled.
 3317         4. An adult student who is enrolled in an apprenticeship
 3318  program that is registered with the Department of Education in
 3319  accordance with chapter 446.
 3320         Section 48. Paragraph (b) of subsection (2) of section
 3321  1004.92, Florida Statutes, is amended, and subsection (4) is
 3322  added to that section, to read:
 3323         1004.92 Purpose and responsibilities for career education.—
 3324         (2)
 3325         (b) Department of Education, for school districts, and the
 3326  State Board of Community Colleges, for Florida Community College
 3327  System institutions, have the following responsibilities related
 3328  to accountability for career education includes, but is not
 3329  limited to:
 3330         1. The provision of timely, accurate technical assistance
 3331  to school districts and Florida Community College System
 3332  institutions.
 3333         2. The provision of timely, accurate information to the
 3334  State Board of Education, the Legislature, and the public.
 3335         3. The development of policies, rules, and procedures that
 3336  facilitate institutional attainment of the accountability
 3337  standards and coordinate the efforts of all divisions within the
 3338  department.
 3339         4. The development of program standards and industry-driven
 3340  benchmarks for career, adult, and community education programs,
 3341  which must be updated every 3 years. The standards must include
 3342  career, academic, and workplace skills; viability of distance
 3343  learning for instruction; and work/learn cycles that are
 3344  responsive to business and industry; and provisions that reflect
 3345  the quality components of career and technical education
 3346  programs. The Department of Education and the State Board of
 3347  Community Colleges shall collaborate to develop a common set of
 3348  standards and benchmarks as specified under this subparagraph
 3349  for the programs that are offered by both the school districts
 3350  and Florida Community College System institutions.
 3351         5. Overseeing school district and Florida Community College
 3352  System institution compliance with the provisions of this
 3353  chapter.
 3354         6. Ensuring that the educational outcomes for the technical
 3355  component of career programs are uniform and designed to provide
 3356  a graduate who is capable of entering the workforce on an
 3357  equally competitive basis regardless of the institution of
 3358  choice.
 3359         (4) The State Board of Education, for career education
 3360  provided by school districts, and the State Board of Community
 3361  Colleges, for career education provided by Florida Community
 3362  College System institutions, shall collaborate to adopt rules to
 3363  administer this section.
 3364         Section 49. Subsection (1) of section 1004.925, Florida
 3365  Statutes, is amended to read:
 3366         1004.925 Automotive service technology education programs;
 3367  certification.—
 3368         (1) All automotive service technology education programs
 3369  shall be industry certified in accordance with rules adopted by
 3370  the State Board of Education and the State Board of Community
 3371  Colleges.
 3372         Section 50. Paragraphs (c) and (d) of subsection (4) and
 3373  subsections (6) and (9) of section 1004.93, Florida Statutes,
 3374  are amended to read:
 3375         1004.93 Adult general education.—
 3376         (4)
 3377         (c) The State Board of Community Colleges Education shall
 3378  define, by rule, the levels and courses of instruction to be
 3379  funded through the developmental education program. The State
 3380  Board of Community Colleges shall coordinate the establishment
 3381  of costs for developmental education courses, the establishment
 3382  of statewide standards that define required levels of
 3383  competence, acceptable rates of student progress, and the
 3384  maximum amount of time to be allowed for completion of
 3385  developmental education. Developmental education is part of an
 3386  associate in arts degree program and may not be funded as an
 3387  adult career education program.
 3388         (d) Expenditures for developmental education and lifelong
 3389  learning students shall be reported separately. Allocations for
 3390  developmental education shall be based on proportional full-time
 3391  equivalent enrollment. Program review results shall be included
 3392  in the determination of subsequent allocations. A student shall
 3393  be funded to enroll in the same developmental education class
 3394  within a skill area only twice, after which time the student
 3395  shall pay 100 percent of the full cost of instruction to support
 3396  the continuous enrollment of that student in the same class;
 3397  however, students who withdraw or fail a class due to
 3398  extenuating circumstances may be granted an exception only once
 3399  for each class, provided approval is granted according to policy
 3400  established by the board of trustees. Each Florida Community
 3401  College System institution shall have the authority to review
 3402  and reduce payment for increased fees due to continued
 3403  enrollment in a developmental education class on an individual
 3404  basis contingent upon the student’s financial hardship, pursuant
 3405  to definitions and fee levels established by the State Board of
 3406  Community Colleges Education. Developmental education and
 3407  lifelong learning courses do not generate credit toward an
 3408  associate or baccalaureate degree.
 3409         (6) The commissioner, for school districts, and the
 3410  Chancellor of the Florida Community College System, for Florida
 3411  Community College System institutions, shall recommend the level
 3412  of funding for public school and Florida Community College
 3413  System institution adult education within the legislative budget
 3414  request and make other recommendations and reports considered
 3415  necessary or required by rules of the State Board of Education.
 3416         (9) The State Board of Education and the State Board of
 3417  Community Colleges may adopt rules necessary for the
 3418  implementation of this section.
 3419         Section 51. Subsection (3) of section 1006.60, Florida
 3420  Statutes, is amended to read:
 3421         1006.60 Codes of conduct; disciplinary measures; authority
 3422  to adopt rules or regulations.—
 3423         (3) Sanctions authorized by such codes of conduct may be
 3424  imposed only for acts or omissions in violation of rules or
 3425  regulations adopted by the institution, including rules or
 3426  regulations adopted under this section, rules of the State Board
 3427  of Community Colleges regarding the Florida Community College
 3428  System Education, rules or regulations of the Board of Governors
 3429  regarding the State University System, county and municipal
 3430  ordinances, and the laws of this state, the United States, or
 3431  any other state.
 3432         Section 52. Subsection (1) of section 1006.61, Florida
 3433  Statutes, is amended to read:
 3434         1006.61 Participation by students in disruptive activities
 3435  at public postsecondary educational institution; penalties.—
 3436         (1) Any person who accepts the privilege extended by the
 3437  laws of this state of attendance at any public postsecondary
 3438  educational institution shall, by attending such institution, be
 3439  deemed to have given his or her consent to the policies of that
 3440  institution, the State Board of Community Colleges regarding the
 3441  Florida Community College System Education, and the Board of
 3442  Governors regarding the State University System, and the laws of
 3443  this state. Such policies shall include prohibition against
 3444  disruptive activities at public postsecondary educational
 3445  institutions.
 3446         Section 53. Section 1006.62, Florida Statutes, is amended
 3447  to read:
 3448         1006.62 Expulsion and discipline of students of Florida
 3449  Community College System institutions and state universities.—
 3450         (1) Each student in a Florida Community College System
 3451  institution or state university is subject to federal and state
 3452  law, respective county and municipal ordinances, and all rules
 3453  and regulations of the State Board of Community Colleges
 3454  regarding the Florida Community College System Education, the
 3455  Board of Governors regarding the State University System, or the
 3456  board of trustees of the institution.
 3457         (2) Violation of these published laws, ordinances, or rules
 3458  and regulations may subject the violator to appropriate action
 3459  by the institution’s authorities.
 3460         (3) Each president of a Florida Community College System
 3461  institution or state university may, after notice to the student
 3462  of the charges and after a hearing thereon, expel, suspend, or
 3463  otherwise discipline any student who is found to have violated
 3464  any law, ordinance, or rule or regulation of the State Board of
 3465  Community Colleges regarding the Florida Community College
 3466  System Education, the Board of Governors regarding the State
 3467  University System, or the board of trustees of the institution.
 3468  A student may be entitled to waiver of expulsion:
 3469         (a) If the student provides substantial assistance in the
 3470  identification, arrest, or conviction of any of his or her
 3471  accomplices, accessories, coconspirators, or principals or of
 3472  any other person engaged in violations of chapter 893 within a
 3473  state university or Florida Community College System
 3474  institution;
 3475         (b) If the student voluntarily discloses his or her
 3476  violations of chapter 893 prior to his or her arrest; or
 3477         (c) If the student commits himself or herself, or is
 3478  referred by the court in lieu of sentence, to a state-licensed
 3479  drug abuse program and successfully completes the program.
 3480         Section 54. Paragraphs (c) and (g) of subsection (1),
 3481  paragraph (b) of subsection (2), and subsection (3) of section
 3482  1006.71, Florida Statutes, are amended to read:
 3483         1006.71 Gender equity in intercollegiate athletics.—
 3484         (1) GENDER EQUITY PLAN.—
 3485         (c) The Chancellor of the Florida Community College System
 3486  Commissioner of Education shall annually assess the progress of
 3487  each Florida Community College System institution’s plan and
 3488  advise the State Board of Community Colleges Education and the
 3489  Legislature regarding compliance.
 3490         (g)1. If a Florida Community College System institution is
 3491  not in compliance with Title IX of the Education Amendments of
 3492  1972 and the Florida Educational Equity Act, the State Board of
 3493  Community Colleges Education shall:
 3494         a. Declare the Florida Community College System institution
 3495  ineligible for competitive state grants.
 3496         b. Withhold funds sufficient to obtain compliance.
 3497  
 3498  The Florida Community College System institution shall remain
 3499  ineligible and the funds may shall not be paid until the Florida
 3500  Community College System institution comes into compliance or
 3501  the Chancellor of the Florida Community College System
 3502  Commissioner of Education approves a plan for compliance.
 3503         2. If a state university is not in compliance with Title IX
 3504  of the Education Amendments of 1972 and the Florida Educational
 3505  Equity Act, the Board of Governors shall:
 3506         a. Declare the state university ineligible for competitive
 3507  state grants.
 3508         b. Withhold funds sufficient to obtain compliance.
 3509  
 3510  The state university shall remain ineligible and the funds may
 3511  shall not be paid until the state university comes into
 3512  compliance or the Board of Governors approves a plan for
 3513  compliance.
 3514         (2) FUNDING.—
 3515         (b) The level of funding and percentage share of support
 3516  for women’s intercollegiate athletics for Florida Community
 3517  College System institutions shall be determined by the State
 3518  Board of Community Colleges Education. The level of funding and
 3519  percentage share of support for women’s intercollegiate
 3520  athletics for state universities shall be determined by the
 3521  Board of Governors. The level of funding and percentage share
 3522  attained in the 1980-1981 fiscal year shall be the minimum level
 3523  and percentage maintained by each institution, except as the
 3524  State Board of Community Colleges Education or the Board of
 3525  Governors otherwise directs its respective institutions for the
 3526  purpose of assuring equity. Consideration shall be given by the
 3527  State Board of Community Colleges Education or the Board of
 3528  Governors to emerging athletic programs at institutions which
 3529  may not have the resources to secure external funds to provide
 3530  athletic opportunities for women. It is the intent that the
 3531  effect of any redistribution of funds among institutions may
 3532  shall not negate the requirements as set forth in this section.
 3533         (3) STATE BOARD OF COMMUNITY COLLEGES EDUCATION.—The State
 3534  Board of Community Colleges Education shall assure equal
 3535  opportunity for female athletes at Florida Community College
 3536  System institutions and establish:
 3537         (a) In conjunction with the State Board of Education,
 3538  guidelines for reporting of intercollegiate athletics data
 3539  concerning financial, program, and facilities information for
 3540  review by the State Board of Community Colleges Education
 3541  annually.
 3542         (b) Systematic audits for the evaluation of such data.
 3543         (c) Criteria for determining and assuring equity.
 3544         Section 55. Section 1007.01, Florida Statutes, is amended
 3545  to read:
 3546         1007.01 Articulation; legislative intent; purpose; role of
 3547  the State Board of Education, the State Board of Community
 3548  Colleges, and the Board of Governors; Articulation Coordinating
 3549  Committee.—
 3550         (1) It is the intent of the Legislature to facilitate
 3551  articulation and seamless integration of the K-20 education
 3552  system by building, sustaining, and strengthening relationships
 3553  among K-20 public organizations, between public and private
 3554  organizations, and between the education system as a whole and
 3555  Florida’s communities. The purpose of building, sustaining, and
 3556  strengthening these relationships is to provide for the
 3557  efficient and effective progression and transfer of students
 3558  within the education system and to allow students to proceed
 3559  toward their educational objectives as rapidly as their
 3560  circumstances permit. The Legislature further intends that
 3561  articulation policies and budget actions be implemented
 3562  consistently in the practices of the Department of Education and
 3563  postsecondary educational institutions and expressed in the
 3564  collaborative policy efforts of the State Board of Education,
 3565  and the Board of Governors, and the State Board of Community
 3566  Colleges.
 3567         (2) To preserve Florida’s “2+2” system of articulation and
 3568  improve and facilitate articulation systemwide, the State Board
 3569  of Education, and the Board of Governors, and the State Board of
 3570  Community Colleges shall collaboratively establish and adopt
 3571  policies with input from statewide K-20 advisory groups
 3572  established by the Commissioner of Education, the Chancellor of
 3573  the Florida Community College System, and the Chancellor of the
 3574  State University System and shall recommend the policies to the
 3575  Legislature. The policies shall relate to:
 3576         (a) The alignment between the exit requirements of one
 3577  education system and the admissions requirements of another
 3578  education system into which students typically transfer.
 3579         (b) The identification of common courses, the level of
 3580  courses, institutional participation in a statewide course
 3581  numbering system, and the transferability of credits among such
 3582  institutions.
 3583         (c) Identification of courses that meet general education
 3584  or common degree program prerequisite requirements at public
 3585  postsecondary educational institutions.
 3586         (d) Dual enrollment course equivalencies.
 3587         (e) Articulation agreements.
 3588         (3) The Commissioner of Education, in consultation with the
 3589  Chancellor of the Florida Community College System and the
 3590  Chancellor of the State University System, shall establish the
 3591  Articulation Coordinating Committee, which shall make
 3592  recommendations related to statewide articulation policies and
 3593  issues regarding access, quality, and reporting of data
 3594  maintained by the K-20 data warehouse, established pursuant to
 3595  ss. 1001.10 and 1008.31, to the Higher Education Coordination
 3596  Council, the State Board of Education, and the Board of
 3597  Governors, and the State Board of Community Colleges. The
 3598  committee shall consist of two members each representing the
 3599  State University System, the Florida Community College System,
 3600  public career and technical education, K-12 education, and
 3601  nonpublic postsecondary education and one member representing
 3602  students. The chair shall be elected from the membership. The
 3603  Office of K-20 Articulation shall provide administrative support
 3604  for the committee. The committee shall:
 3605         (a) Monitor the alignment between the exit requirements of
 3606  one education system and the admissions requirements of another
 3607  education system into which students typically transfer and make
 3608  recommendations for improvement.
 3609         (b) Propose guidelines for interinstitutional agreements
 3610  between and among public schools, career and technical education
 3611  centers, Florida Community College System institutions, state
 3612  universities, and nonpublic postsecondary institutions.
 3613         (c) Annually recommend dual enrollment course and high
 3614  school subject area equivalencies for approval by the State
 3615  Board of Education, and the Board of Governors, and the State
 3616  Board of Community Colleges.
 3617         (d) Annually review the statewide articulation agreement
 3618  pursuant to s. 1007.23 and make recommendations for revisions.
 3619         (e) Annually review the statewide course numbering system,
 3620  the levels of courses, and the application of transfer credit
 3621  requirements among public and nonpublic institutions
 3622  participating in the statewide course numbering system and
 3623  identify instances of student transfer and admissions
 3624  difficulties.
 3625         (f) Annually publish a list of courses that meet common
 3626  general education and common degree program prerequisite
 3627  requirements at public postsecondary institutions identified
 3628  pursuant to s. 1007.25.
 3629         (g) Foster timely collection and reporting of statewide
 3630  education data to improve the K-20 education performance
 3631  accountability system pursuant to ss. 1001.10 and 1008.31,
 3632  including, but not limited to, data quality, accessibility, and
 3633  protection of student records.
 3634         (h) Recommend roles and responsibilities of public
 3635  education entities in interfacing with the single, statewide
 3636  computer-assisted student advising system established pursuant
 3637  to s. 1006.735.
 3638         (i) Make recommendations regarding the cost and
 3639  requirements to develop and implement an online system for
 3640  collecting and analyzing data regarding requests for transfer of
 3641  credit by postsecondary education students. The online system,
 3642  at a minimum, must collect information regarding the total
 3643  number of credit transfer requests denied and the reason for
 3644  each denial. Recommendations shall be reported to the President
 3645  of the Senate and the Speaker of the House of Representatives on
 3646  or before January 31, 2015.
 3647         Section 56. Subsections (1) and (6) of section 1007.23,
 3648  Florida Statutes, are amended, and subsection (7) is added to
 3649  that section, to read:
 3650         1007.23 Statewide articulation agreement.—
 3651         (1) The State Board of Education, and the Board of
 3652  Governors, and the State Board of Community Colleges shall enter
 3653  into a statewide articulation agreement which the State Board of
 3654  Education and the State Board of Community Colleges shall adopt
 3655  by rule. The agreement must preserve Florida’s “2+2” system of
 3656  articulation, facilitate the seamless articulation of student
 3657  credit across and among Florida’s educational entities, and
 3658  reinforce the provisions of this chapter by governing:
 3659         (a) Articulation between secondary and postsecondary
 3660  education;
 3661         (b) Admission of associate in arts degree graduates from
 3662  Florida Community College System institutions and state
 3663  universities;
 3664         (c) Admission of applied technology diploma program
 3665  graduates from Florida Community College System institutions or
 3666  career centers;
 3667         (d) Admission of associate in science degree and associate
 3668  in applied science degree graduates from Florida Community
 3669  College System institutions;
 3670         (e) The use of acceleration mechanisms, including
 3671  nationally standardized examinations through which students may
 3672  earn credit;
 3673         (f) General education requirements and statewide course
 3674  numbers as provided for in ss. 1007.24 and 1007.25; and
 3675         (g) Articulation among programs in nursing.
 3676         (6) The articulation agreement must guarantee the
 3677  articulation of 9 credit hours toward a postsecondary degree in
 3678  early childhood education for programs approved by the State
 3679  Board of Community Colleges Education and the Board of Governors
 3680  which:
 3681         (a) Award a child development associate credential issued
 3682  by the National Credentialing Program of the Council for
 3683  Professional Recognition or award a credential approved under s.
 3684  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
 3685  child development associate credential; and
 3686         (b) Include training in emergent literacy which meets or
 3687  exceeds the minimum standards for training courses for
 3688  prekindergarten instructors of the Voluntary Prekindergarten
 3689  Education Program in s. 1002.59.
 3690         (7) To strengthen Florida’s “2+2” system of articulation
 3691  and improve student retention and on-time graduation, by the
 3692  2018-2019 academic year, each Florida Community College System
 3693  institution shall execute at least one “2+2” targeted pathway
 3694  articulation agreement with one or more state universities to
 3695  establish “2+2” targeted pathway programs. The agreement must
 3696  provide students who graduate with an associate in arts degree
 3697  and who meet specified requirements guaranteed access to the
 3698  state university and a degree program at that university, in
 3699  accordance with the terms of the “2+2” targeted pathway
 3700  articulation agreement.
 3701         (a) To participate in a “2+2” targeted pathway program, a
 3702  student must:
 3703         1. Enroll in the program before completing 30 credit hours,
 3704  including, but not limited to, college credits earned through
 3705  articulated acceleration mechanisms pursuant to s. 1007.27;
 3706         2. Complete an associate in arts degree; and
 3707         3. Meet the university’s transfer requirements.
 3708         (b) A state university that executes a “2+2” targeted
 3709  pathway articulation agreement must meet the following
 3710  requirements in order to implement a “2+2” targeted pathway
 3711  program in collaboration with its partner Florida Community
 3712  College System institution:
 3713         1. Establish a 4-year on-time graduation plan for a
 3714  baccalaureate degree program, including, but not limited to, a
 3715  plan for students to complete associate in arts degree programs,
 3716  general education courses, common prerequisite courses, and
 3717  elective courses;
 3718         2. Advise students enrolled in the program about the
 3719  university’s transfer and degree program requirements; and
 3720         3. Provide students who meet the requirements under this
 3721  paragraph with access to academic advisors and campus events and
 3722  with guaranteed admittance to the state university and a degree
 3723  program of the state university, in accordance with the terms of
 3724  the agreement.
 3725         (c)To assist the state universities and Florida Community
 3726  College System institutions with implementing the “2+2” targeted
 3727  pathway programs effectively, the State Board of Community
 3728  Colleges and the Board of Governors shall collaborate to
 3729  eliminate barriers in executing “2+2” targeted pathway
 3730  articulation agreements.
 3731         Section 57. Subsections (1), (2), and (3) of section
 3732  1007.24, Florida Statutes, are amended to read:
 3733         1007.24 Statewide course numbering system.—
 3734         (1) The Department of Education, in conjunction with the
 3735  Board of Governors and the State Board of Community Colleges,
 3736  shall develop, coordinate, and maintain a statewide course
 3737  numbering system for postsecondary and dual enrollment education
 3738  in school districts, public postsecondary educational
 3739  institutions, and participating nonpublic postsecondary
 3740  educational institutions that will improve program planning,
 3741  increase communication among all delivery systems, and
 3742  facilitate student acceleration and the transfer of students and
 3743  credits between public school districts, public postsecondary
 3744  educational institutions, and participating nonpublic
 3745  educational institutions. The continuing maintenance of the
 3746  system shall be accomplished with the assistance of appropriate
 3747  faculty committees representing public and participating
 3748  nonpublic educational institutions.
 3749         (2) The Commissioner of Education, in conjunction with the
 3750  Chancellor of the Florida Community College System and the
 3751  Chancellor of the State University System, shall appoint faculty
 3752  committees representing faculties of participating institutions
 3753  to recommend a single level for each course, including
 3754  postsecondary career education courses, included in the
 3755  statewide course numbering system.
 3756         (a) Any course designated as an upper-division-level course
 3757  must be characterized by a need for advanced academic
 3758  preparation and skills that a student would be unlikely to
 3759  achieve without significant prior coursework.
 3760         (b) A course that is offered as part of an associate in
 3761  science degree program and as an upper-division course for a
 3762  baccalaureate degree shall be designated for both the lower and
 3763  upper division.
 3764         (c) A course designated as lower-division may be offered by
 3765  any Florida Community College System institution.
 3766         (3) The Commissioner of Education shall recommend to the
 3767  State Board of Education the levels for the courses. The State
 3768  Board of Education, with input from the Board of Governors and
 3769  the State Board of Community Colleges, shall approve the levels
 3770  for the courses.
 3771         Section 58. Subsections (3), (5), and (8) through (11) of
 3772  section 1007.25, Florida Statutes, are amended to read:
 3773         1007.25 General education courses; common prerequisites;
 3774  other degree requirements.—
 3775         (3) The chair of the State Board of Community Colleges
 3776  Education and the chair of the Board of Governors, or their
 3777  designees, shall jointly appoint faculty committees to identify
 3778  statewide general education core course options. General
 3779  education core course options shall consist of a maximum of five
 3780  courses within each of the subject areas of communication,
 3781  mathematics, social sciences, humanities, and natural sciences.
 3782  The core courses may be revised, or the five-course maximum
 3783  within each subject area may be exceeded, if approved by the
 3784  State Board of Community Colleges Education and the Board of
 3785  Governors, as recommended by the subject area faculty committee
 3786  and approved by the Articulation Coordinating Committee as
 3787  necessary for a subject area. Each general education core course
 3788  option must contain high-level academic and critical thinking
 3789  skills and common competencies that students must demonstrate to
 3790  successfully complete the course. Beginning with students
 3791  initially entering a Florida Community College System
 3792  institution or state university in 2015-2016 and thereafter,
 3793  each student must complete at least one identified core course
 3794  in each subject area as part of the general education course
 3795  requirements. All public postsecondary educational institutions
 3796  shall accept these courses as meeting general education core
 3797  course requirements. The remaining general education course
 3798  requirements shall be identified by each institution and
 3799  reported to the department by their statewide course number. The
 3800  general education core course options shall be adopted in rule
 3801  by the State Board of Community Colleges Education and in
 3802  regulation by the Board of Governors.
 3803         (5) The department shall identify common prerequisite
 3804  courses and course substitutions for degree programs across all
 3805  institutions. Common degree program prerequisites shall be
 3806  offered and accepted by all state universities and Florida
 3807  Community College System institutions, except in cases approved
 3808  by the State Board of Community Colleges, Education for Florida
 3809  Community College System institutions, and the Board of
 3810  Governors, for state universities. The department shall develop
 3811  a centralized database containing the list of courses and course
 3812  substitutions that meet the prerequisite requirements for each
 3813  baccalaureate degree program.
 3814         (8) A baccalaureate degree program shall require no more
 3815  than 120 semester hours of college credit and include 36
 3816  semester hours of general education coursework, unless prior
 3817  approval has been granted by the Board of Governors for
 3818  baccalaureate degree programs offered by state universities and
 3819  by the State Board of Community Colleges Education for
 3820  baccalaureate degree programs offered by Florida Community
 3821  College System institutions.
 3822         (9) A student who received an associate in arts degree for
 3823  successfully completing 60 semester credit hours may continue to
 3824  earn additional credits at a Florida Community College System
 3825  institution. The university must provide credit toward the
 3826  student’s baccalaureate degree for a an additional Florida
 3827  Community College System institution course if, according to the
 3828  statewide course numbering, the Florida Community College System
 3829  institution course is a course listed in the university catalog
 3830  as required for the degree or as prerequisite to a course
 3831  required for the degree. Of the courses required for the degree,
 3832  at least half of the credit hours required for the degree shall
 3833  be achievable through courses designated as lower division,
 3834  except in degree programs approved by the State Board of
 3835  Community Colleges Education for programs offered by Florida
 3836  Community College System institutions and by the Board of
 3837  Governors for programs offered by state universities.
 3838         (10) Students at state universities may request associate
 3839  in arts certificates if they have successfully completed the
 3840  minimum requirements for the degree of associate in arts (A.A.).
 3841  The university must grant the student an associate in arts
 3842  degree if the student has successfully completed minimum
 3843  requirements for college-level communication and computation
 3844  skills adopted by the State Board of Community Colleges
 3845  Education and 60 academic semester hours or the equivalent
 3846  within a degree program area, including 36 semester hours in
 3847  general education courses in the subject areas of communication,
 3848  mathematics, social sciences, humanities, and natural sciences,
 3849  consistent with the general education requirements specified in
 3850  the articulation agreement pursuant to s. 1007.23.
 3851         (11) The Commissioner of Education and the Chancellor of
 3852  the Florida Community College System shall jointly appoint
 3853  faculty committees representing both Florida Community College
 3854  System institution and public school faculties to recommend to
 3855  the commissioner, or the Chancellor of the Florida Community
 3856  College System, as applicable, for approval by the State Board
 3857  of Education and the State Board of Community Colleges, as
 3858  applicable, a standard program length and appropriate
 3859  occupational completion points for each postsecondary career
 3860  certificate program, diploma, and degree offered by a school
 3861  district or a Florida Community College System institution.
 3862         Section 59. Section 1007.262, Florida Statutes, is amended
 3863  to read:
 3864         1007.262 Foreign language competence; equivalence
 3865  determinations.—The Department of Education shall identify the
 3866  competencies demonstrated by students upon the successful
 3867  completion of 2 credits of sequential high school foreign
 3868  language instruction. For the purpose of determining
 3869  postsecondary equivalence, the State Board of Community Colleges
 3870  department shall develop rules through which Florida Community
 3871  College System institutions correlate such competencies to the
 3872  competencies required of students in the colleges’ respective
 3873  courses. Based on this correlation, each Florida Community
 3874  College System institution shall identify the minimum number of
 3875  postsecondary credits that students must earn in order to
 3876  demonstrate a level of competence in a foreign language at least
 3877  equivalent to that of students who have completed 2 credits of
 3878  such instruction in high school. The department may also specify
 3879  alternative means by which students can demonstrate equivalent
 3880  foreign language competence, including means by which a student
 3881  whose native language is not English may demonstrate proficiency
 3882  in the native language. A student who demonstrates proficiency
 3883  in a native language other than English is exempt from a
 3884  requirement of completing foreign language courses at the
 3885  secondary or Florida Community College System level.
 3886         Section 60. Section 1007.263, Florida Statutes, is amended
 3887  to read:
 3888         1007.263 Florida Community College System institutions;
 3889  admissions of students.—Each Florida Community College System
 3890  institution board of trustees is authorized to adopt rules
 3891  governing admissions of students subject to this section and
 3892  rules of the State Board of Community Colleges Education. These
 3893  rules shall include the following:
 3894         (1) Admissions counseling shall be provided to all students
 3895  entering college or career credit programs. For students who are
 3896  not otherwise exempt from testing under s. 1008.30, counseling
 3897  must use tests to measure achievement of college-level
 3898  communication and computation competencies by students entering
 3899  college credit programs or tests to measure achievement of basic
 3900  skills for career education programs as prescribed in s.
 3901  1004.91. Counseling includes providing developmental education
 3902  options for students whose assessment results, determined under
 3903  s. 1008.30, indicate that they need to improve communication or
 3904  computation skills that are essential to perform college-level
 3905  work.
 3906         (2) Admission to associate degree programs is subject to
 3907  minimum standards adopted by the State Board of Community
 3908  Colleges Education and shall require:
 3909         (a) A standard high school diploma, a high school
 3910  equivalency diploma as prescribed in s. 1003.435, previously
 3911  demonstrated competency in college credit postsecondary
 3912  coursework, or, in the case of a student who is home educated, a
 3913  signed affidavit submitted by the student’s parent or legal
 3914  guardian attesting that the student has completed a home
 3915  education program pursuant to the requirements of s. 1002.41.
 3916  Students who are enrolled in a dual enrollment or early
 3917  admission program pursuant to s. 1007.271 are exempt from this
 3918  requirement.
 3919         (b) A demonstrated level of achievement of college-level
 3920  communication and computation skills.
 3921         (c) Any other requirements established by the board of
 3922  trustees.
 3923         (3) Admission to other programs within the Florida
 3924  Community College System institution shall include education
 3925  requirements as established by the board of trustees.
 3926         (4) A student who has been awarded a certificate of
 3927  completion under s. 1003.4282 is eligible to enroll in
 3928  certificate career education programs.
 3929         (5) A student with a documented disability may be eligible
 3930  for reasonable substitutions, as prescribed in ss. 1007.264 and
 3931  1007.265.
 3932  
 3933  Each board of trustees shall establish policies that notify
 3934  students about developmental education options for improving
 3935  their communication or computation skills that are essential to
 3936  performing college-level work, including tutoring, extended time
 3937  in gateway courses, free online courses, adult basic education,
 3938  adult secondary education, or private provider instruction.
 3939         Section 61. Subsection (2) of section 1007.264, Florida
 3940  Statutes, is amended to read:
 3941         1007.264 Persons with disabilities; admission to
 3942  postsecondary educational institutions; substitute requirements;
 3943  rules and regulations.—
 3944         (2) The State Board of Community Colleges Education, in
 3945  consultation with the Board of Governors, shall adopt rules to
 3946  implement this section for Florida Community College System
 3947  institutions and shall develop substitute admission requirements
 3948  where appropriate.
 3949         Section 62. Subsections (2) and (3) of section 1007.265,
 3950  Florida Statutes, are amended to read:
 3951         1007.265 Persons with disabilities; graduation, study
 3952  program admission, and upper-division entry; substitute
 3953  requirements; rules and regulations.—
 3954         (2) The State Board of Community Colleges Education, in
 3955  consultation with the Board of Governors, shall adopt rules to
 3956  implement this section for Florida Community College System
 3957  institutions and shall develop substitute requirements where
 3958  appropriate.
 3959         (3) The Board of Governors, in consultation with the State
 3960  Board of Community Colleges Education, shall adopt regulations
 3961  to implement this section for state universities and shall
 3962  develop substitute requirements where appropriate.
 3963         Section 63. Subsections (6), (7), and (8) of section
 3964  1007.27, Florida Statutes, are amended to read:
 3965         1007.27 Articulated acceleration mechanisms.—
 3966         (6) Credit by examination shall be the program through
 3967  which secondary and postsecondary students generate
 3968  postsecondary credit based on the receipt of a specified minimum
 3969  score on nationally standardized general or subject-area
 3970  examinations. For the purpose of statewide application, such
 3971  examinations and the corresponding minimum scores required for
 3972  an award of credit shall be delineated by the State Board of
 3973  Education, and the Board of Governors, and the State Board of
 3974  Community Colleges in the statewide articulation agreement
 3975  required by s. 1007.23(1). The maximum credit generated by a
 3976  student pursuant to this subsection shall be mitigated by any
 3977  related postsecondary credit earned by the student prior to the
 3978  administration of the examination. This subsection shall not
 3979  preclude Florida Community College System institutions and
 3980  universities from awarding credit by examination based on
 3981  student performance on examinations developed within and
 3982  recognized by the individual postsecondary institutions.
 3983         (7) The International Baccalaureate Program shall be the
 3984  curriculum in which eligible secondary students are enrolled in
 3985  a program of studies offered through the International
 3986  Baccalaureate Program administered by the International
 3987  Baccalaureate Office. The State Board of Community Colleges
 3988  Education and the Board of Governors shall specify in the
 3989  statewide articulation agreement required by s. 1007.23(1) the
 3990  cutoff scores and International Baccalaureate Examinations which
 3991  will be used to grant postsecondary credit at Florida Community
 3992  College System institutions and universities. Any changes to the
 3993  articulation agreement, which have the effect of raising the
 3994  required cutoff score or of changing the International
 3995  Baccalaureate Examinations which will be used to grant
 3996  postsecondary credit, shall only apply to students taking
 3997  International Baccalaureate Examinations after such changes are
 3998  adopted by the State Board of Community Colleges Education and
 3999  the Board of Governors. Students shall be awarded a maximum of
 4000  30 semester credit hours pursuant to this subsection. The
 4001  specific course for which a student may receive such credit
 4002  shall be specified in the statewide articulation agreement
 4003  required by s. 1007.23(1). Students enrolled pursuant to this
 4004  subsection shall be exempt from the payment of any fees for
 4005  administration of the examinations regardless of whether or not
 4006  the student achieves a passing score on the examination.
 4007         (8) The Advanced International Certificate of Education
 4008  Program and the International General Certificate of Secondary
 4009  Education (pre-AICE) Program shall be the curricula in which
 4010  eligible secondary students are enrolled in programs of study
 4011  offered through the Advanced International Certificate of
 4012  Education Program or the International General Certificate of
 4013  Secondary Education (pre-AICE) Program administered by the
 4014  University of Cambridge Local Examinations Syndicate. The State
 4015  Board of Community Colleges Education and the Board of Governors
 4016  shall specify in the statewide articulation agreement required
 4017  by s. 1007.23(1) the cutoff scores and Advanced International
 4018  Certificate of Education examinations which will be used to
 4019  grant postsecondary credit at Florida Community College System
 4020  institutions and universities. Any changes to the cutoff scores,
 4021  which changes have the effect of raising the required cutoff
 4022  score or of changing the Advanced International Certification of
 4023  Education examinations which will be used to grant postsecondary
 4024  credit, shall apply to students taking Advanced International
 4025  Certificate of Education examinations after such changes are
 4026  adopted by the State Board of Community Colleges Education and
 4027  the Board of Governors. Students shall be awarded a maximum of
 4028  30 semester credit hours pursuant to this subsection. The
 4029  specific course for which a student may receive such credit
 4030  shall be determined by the Florida Community College System
 4031  institution or university that accepts the student for
 4032  admission. Students enrolled in either program of study pursuant
 4033  to this subsection shall be exempt from the payment of any fees
 4034  for administration of the examinations regardless of whether the
 4035  student achieves a passing score on the examination.
 4036         Section 64. Subsections (3) and (22) of section 1007.271,
 4037  Florida Statutes, are amended to read:
 4038         1007.271 Dual enrollment programs.—
 4039         (3) Student eligibility requirements for initial enrollment
 4040  in college credit dual enrollment courses must include a 3.0
 4041  unweighted high school grade point average and the minimum score
 4042  on a common placement test adopted by the State Board of
 4043  Education which indicates that the student is ready for college
 4044  level coursework. Student eligibility requirements for continued
 4045  enrollment in college credit dual enrollment courses must
 4046  include the maintenance of a 3.0 unweighted high school grade
 4047  point average and the minimum postsecondary grade point average
 4048  established by the postsecondary institution. Regardless of
 4049  meeting student eligibility requirements for continued
 4050  enrollment, a student may lose the opportunity to participate in
 4051  a dual enrollment course if the student is disruptive to the
 4052  learning process such that the progress of other students or the
 4053  efficient administration of the course is hindered. Student
 4054  eligibility requirements for initial and continued enrollment in
 4055  career certificate dual enrollment courses must include a 2.0
 4056  unweighted high school grade point average. Exceptions to the
 4057  required grade point averages may be granted on an individual
 4058  student basis if the educational entities agree and the terms of
 4059  the agreement are contained within the dual enrollment
 4060  articulation agreement established pursuant to subsection (21).
 4061  Florida Community College System institution boards of trustees
 4062  may establish additional initial student eligibility
 4063  requirements, which shall be included in the dual enrollment
 4064  articulation agreement, to ensure student readiness for
 4065  postsecondary instruction. Additional requirements included in
 4066  the agreement may not arbitrarily prohibit students who have
 4067  demonstrated the ability to master advanced courses from
 4068  participating in dual enrollment courses.
 4069         (22) The Department of Education shall develop an
 4070  electronic submission system for dual enrollment articulation
 4071  agreements and shall review, for compliance, each dual
 4072  enrollment articulation agreement submitted pursuant to
 4073  subsections (13), (21), and (24). The Commissioner of Education
 4074  shall notify the district school superintendent and the Florida
 4075  Community College System institution president if the dual
 4076  enrollment articulation agreement does not comply with statutory
 4077  requirements and shall submit any dual enrollment articulation
 4078  agreement with unresolved issues of noncompliance to the State
 4079  Board of Education. The State Board of Education shall
 4080  collaborate with the State Board of Community Colleges to
 4081  resolve unresolved issues of noncompliance.
 4082         Section 65. Subsection (6) of section 1007.273, Florida
 4083  Statutes, is amended to read:
 4084         1007.273 Collegiate high school program.—
 4085         (6) The collegiate high school program shall be funded
 4086  pursuant to ss. 1007.271 and 1011.62. The State Board of
 4087  Education shall enforce compliance with this section by
 4088  withholding the transfer of funds for the school districts and
 4089  the Florida College System institutions in accordance with s.
 4090  1008.32. Annually by December 31, the State Board of Community
 4091  Colleges shall enforce compliance with this section by
 4092  withholding the transfer of funds for the Florida Community
 4093  College System institutions in accordance with s. 1001.602.
 4094         Section 66. Section 1007.33, Florida Statutes, is amended
 4095  to read:
 4096         1007.33 Site-determined baccalaureate degree access.—
 4097         (1)(a) The Legislature recognizes that public and private
 4098  postsecondary educational institutions play an essential role in
 4099  improving the quality of life and economic well-being of the
 4100  state and its residents. The Legislature also recognizes that
 4101  economic development needs and the educational needs of place
 4102  bound, nontraditional students have increased the demand for
 4103  local access to baccalaureate degree programs. It is therefore
 4104  the intent of the Legislature to further expand access to
 4105  baccalaureate degree programs through the use of Florida
 4106  Community College System institutions.
 4107         (b) For purposes of this section, the term “district”
 4108  refers to the county or counties served by a Florida Community
 4109  College System institution pursuant to s. 1000.21(3).
 4110         (2) Any Florida Community College System institution that
 4111  offers one or more baccalaureate degree programs must:
 4112         (a) Maintain as its primary mission:
 4113         1. Responsibility for responding to community needs for
 4114  postsecondary academic education and career degree education as
 4115  prescribed in s. 1004.65(5).
 4116         2. The provision of associate degrees that provide access
 4117  to a university.
 4118         (b) Maintain an open-door admission policy for associate
 4119  level degree programs and workforce education programs.
 4120         (c) Continue to provide outreach to underserved
 4121  populations.
 4122         (d) Continue to provide remedial education pursuant to s.
 4123  1008.30.
 4124         (e) Comply with all provisions of the statewide
 4125  articulation agreement which relate to 2-year and 4-year public
 4126  degree-granting institutions as adopted by the State Board of
 4127  Education or the State Board of Community Colleges, as
 4128  applicable, pursuant to s. 1007.23.
 4129         (f) Not award graduate credit.
 4130         (g) Not participate in intercollegiate athletics beyond the
 4131  2-year level.
 4132         (3) A Florida Community College System institution may not
 4133  terminate its associate in arts or associate in science degree
 4134  programs as a result of being authorized to offer one or more
 4135  baccalaureate degree programs. The Legislature intends that the
 4136  primary responsibility of a Florida Community College System
 4137  institution, including a Florida Community College System
 4138  institution that offers baccalaureate degree programs, continues
 4139  to be the provision of associate degrees that provide access to
 4140  a university.
 4141         (4) A Florida Community College System institution may:
 4142         (a) Offer specified baccalaureate degree programs through
 4143  formal agreements between the Florida Community College System
 4144  institution and other regionally accredited postsecondary
 4145  educational institutions pursuant to s. 1007.22.
 4146         (b) Offer baccalaureate degree programs that are were
 4147  authorized by law prior to July 1, 2009.
 4148         (c) Beginning July 1, 2009, establish a first or subsequent
 4149  baccalaureate degree program for purposes of meeting district,
 4150  regional, or statewide workforce needs if approved by the State
 4151  Board of Community Colleges Education under this section.
 4152  However, a Florida Community College System institution may not
 4153  offer a bachelor of arts degree program.
 4154  
 4155  Beginning July 1, 2009, the Board of Trustees of St. Petersburg
 4156  College is authorized to establish one or more bachelor of
 4157  applied science degree programs based on an analysis of
 4158  workforce needs in Pinellas, Pasco, and Hernando Counties and
 4159  other counties approved by the Department of Education. For each
 4160  program selected, St. Petersburg College must offer a related
 4161  associate in science or associate in applied science degree
 4162  program, and the baccalaureate degree level program must be
 4163  designed to articulate fully with at least one associate in
 4164  science degree program. The college is encouraged to develop
 4165  articulation agreements for enrollment of graduates of related
 4166  associate in applied science degree programs. The Board of
 4167  Trustees of St. Petersburg College is authorized to establish
 4168  additional baccalaureate degree programs if it determines a
 4169  program is warranted and feasible based on each of the factors
 4170  in paragraph (5)(d). However, the Board of Trustees of St.
 4171  Petersburg College may not establish any new baccalaureate
 4172  degree programs from March 31, 2014, through May 31, 2015. Prior
 4173  to developing or proposing a new baccalaureate degree program,
 4174  St. Petersburg College shall engage in need, demand, and impact
 4175  discussions with the state university in its service district
 4176  and other local and regional, accredited postsecondary providers
 4177  in its region. Documentation, data, and other information from
 4178  inter-institutional discussions regarding program need, demand,
 4179  and impact shall be provided to the college’s board of trustees
 4180  to inform the program approval process. Employment at St.
 4181  Petersburg College is governed by the same laws that govern
 4182  Florida College System institutions, except that upper-division
 4183  faculty are eligible for continuing contracts upon the
 4184  completion of the fifth year of teaching. Employee records for
 4185  all personnel shall be maintained as required by s. 1012.81.
 4186         (5) The approval process for baccalaureate degree programs
 4187  requires shall require:
 4188         (a) Each Florida Community College System institution to
 4189  submit a notice of interest at least 180 days before submitting
 4190  a notice of its intent to propose a baccalaureate degree program
 4191  to the Division of Florida Colleges at least 100 days before the
 4192  submission of its proposal under paragraph (d). The notice of
 4193  interest must be submitted into a shared postsecondary database
 4194  that allows other postsecondary institutions to preview and
 4195  provide feedback on the notice of interest. A written notice of
 4196  intent must be submitted to the Chancellor of the Florida
 4197  Community College System at least 100 days before the submission
 4198  of a baccalaureate degree program proposal under paragraph (c).
 4199  The notice of intent must include a brief description of the
 4200  program, the workforce demand and unmet need for graduates of
 4201  the program to include evidence from entities independent of the
 4202  institution, the geographic region to be served, and an
 4203  estimated timeframe for implementation. Notices of interest and
 4204  intent may be submitted by a Florida Community College System
 4205  institution at any time throughout the year. The notice of
 4206  intent must also include evidence that the Florida Community
 4207  College System institution engaged in need, demand, and impact
 4208  discussions with the state university and other regionally
 4209  accredited postsecondary education providers in its service
 4210  district.
 4211         (b) The Chancellor of the Florida Community College System
 4212  Division of Florida Colleges to forward the notice of intent
 4213  submitted pursuant to paragraph (a) and the justification for
 4214  the proposed baccalaureate degree program required under
 4215  paragraph (c) within 10 business days after receiving such
 4216  notice and justification to the Chancellor of the State
 4217  University System, the president of the Independent Colleges and
 4218  Universities of Florida, and the Executive Director of the
 4219  Commission for Independent Education. State universities shall
 4220  have 60 days following receipt of the notice of intent and
 4221  justification by the Chancellor of the State University System
 4222  to submit an objection and a reason for the objection to the
 4223  proposed baccalaureate degree program, which may include
 4224  objections to the proposed new program or submit an alternative
 4225  proposal to offer the baccalaureate degree program. The
 4226  Chancellor of the State University System shall review the
 4227  objection raised by a state university and inform the Board of
 4228  Governors of the objection before a state university submits its
 4229  objection to the Chancellor of the Florida Community College
 4230  System. The Chancellor of the Florida Community College System
 4231  must consult with the Chancellor of the State University System
 4232  to consider the objection raised by the state university before
 4233  the State Board of Community Colleges approves or denies a
 4234  Florida Community College System institution’s proposal
 4235  submitted pursuant to paragraph (c). If a proposal from a state
 4236  university is not received within the 60-day period, The
 4237  Chancellor of the Florida Community College System State Board
 4238  of Education shall also provide regionally accredited private
 4239  colleges and universities 60 30 days to submit an objection and
 4240  a reason for the objection to the proposed baccalaureate degree
 4241  program, which may include an alternative proposal to offer a
 4242  baccalaureate degree program objections to the proposed new
 4243  program or submit an alternative proposal. Objections by a
 4244  regionally accredited private college or university or
 4245  alternative proposals shall be submitted to the Chancellor of
 4246  the Florida Community College System, and the state board must
 4247  consider such objections before Division of Florida Colleges and
 4248  must be considered by the State Board of Education in making its
 4249  decision to approve or deny a Florida Community College System
 4250  institution’s proposal submitted pursuant to paragraph (c).
 4251         (c) An alternative proposal submitted by a state university
 4252  or private college or university to adequately address:
 4253         1. The extent to which the workforce demand and unmet need
 4254  described in the notice of intent will be met.
 4255         2. The extent to which students will be able to complete
 4256  the degree in the geographic region proposed to be served by the
 4257  Florida College System institution.
 4258         3. The level of financial commitment of the college or
 4259  university to the development, implementation, and maintenance
 4260  of the specified degree program, including timelines.
 4261         4. The extent to which faculty at both the Florida College
 4262  System institution and the college or university will
 4263  collaborate in the development and offering of the curriculum.
 4264         5. The ability of the Florida College System institution
 4265  and the college or university to develop and approve the
 4266  curriculum for the specified degree program within 6 months
 4267  after an agreement between the Florida College System
 4268  institution and the college or university is signed.
 4269         6. The extent to which the student may incur additional
 4270  costs above what the student would expect to incur if the
 4271  program were offered by the Florida College System institution.
 4272         (c)(d) Each Florida Community College System institution to
 4273  submit a baccalaureate degree program proposal at least 100 days
 4274  after submitting the notice of intent. Each proposal must
 4275  submitted by a Florida College System institution to, at a
 4276  minimum, include:
 4277         1. A description of the planning process and timeline for
 4278  implementation.
 4279         2. A justification for the proposed baccalaureate degree
 4280  program, including, at a minimum, a data-driven An analysis of
 4281  workforce demand and unmet need for graduates of the program on
 4282  a district, regional, or statewide basis, as appropriate, and
 4283  the extent to which the proposed program will meet the workforce
 4284  demand and unmet need. The analysis must include workforce and
 4285  employment data for the most recent years and projections by the
 4286  Department of Economic Opportunity for future years, and a
 4287  summary of degree programs similar to the proposed degree
 4288  program which are currently offered by state universities or by
 4289  independent nonprofit colleges or universities that are eligible
 4290  to participate in a grant program pursuant to s. 1009.89 and
 4291  which are located in the Florida Community College System
 4292  institution’s regional service area. The analysis and evidence
 4293  must be verified by the Chancellor of the Florida Community
 4294  College System including evidence from entities independent of
 4295  the institution.
 4296         3. Identification of the facilities, equipment, and library
 4297  and academic resources that will be used to deliver the program.
 4298         4. The program cost analysis of creating a new
 4299  baccalaureate degree when compared to alternative proposals and
 4300  other program delivery options.
 4301         5. The program’s admission requirements, academic content,
 4302  curriculum, faculty credentials, student-to-teacher ratios, and
 4303  accreditation plan.
 4304         6. The program’s student enrollment projections and funding
 4305  requirements, including:
 4306         a. The impact of the program’s enrollment projections on
 4307  compliance with the upper-level enrollment provisions under
 4308  subsection (6); and
 4309         b. The institution’s efforts to sustain the program at the
 4310  cost of tuition and fees for students who are classified as
 4311  residents for tuition purposes under s. 1009.21, not to exceed
 4312  $10,000 for the entire degree program, including flexible
 4313  tuition and fee rates, and the use of waivers pursuant to s.
 4314  1009.26(11).
 4315         7. A plan of action if the program is terminated.
 4316         (d)(e) The State Board of Community Division of Florida
 4317  Colleges to review the proposal, notify the Florida Community
 4318  College System institution of any deficiencies in writing within
 4319  30 days following receipt of the proposal, and provide the
 4320  Florida Community College System institution with an opportunity
 4321  to correct the deficiencies. Within 45 days following receipt of
 4322  a completed proposal by the State Board of Community Division of
 4323  Florida Colleges, the Chancellor of the Florida Community
 4324  College System Commissioner of Education shall recommend
 4325  approval or disapproval of the proposal to the State Board of
 4326  Community Colleges Education. The State Board of Community
 4327  Colleges Education shall consider such recommendation, the
 4328  proposal, input from the Chancellor of the State University
 4329  System and the president of the Independent Colleges and
 4330  Universities of Florida, and any objections or alternative
 4331  proposals at its next meeting. If the State Board of Community
 4332  Colleges Education disapproves the Florida Community College
 4333  System institution’s proposal, it shall provide the Florida
 4334  Community College System institution with written reasons for
 4335  that determination.
 4336         (e)(f) The Florida Community College System institution to
 4337  obtain from the Commission on Colleges of the Southern
 4338  Association of Colleges and Schools accreditation as a
 4339  baccalaureate-degree-granting institution if approved by the
 4340  State Board of Community Colleges Education to offer its first
 4341  baccalaureate degree program.
 4342         (f)(g) The Florida Community College System institution to
 4343  notify the Commission on Colleges of the Southern Association of
 4344  Colleges and Schools of subsequent degree programs that are
 4345  approved by the State Board of Community Colleges Education and
 4346  to comply with the association’s required substantive change
 4347  protocols for accreditation purposes.
 4348         (g)(h) The Florida Community College System institution to
 4349  annually report to the State Board of Community Colleges, the
 4350  Chancellor of the State University System, and upon request of
 4351  the State Board of Education, the Commissioner of Education, the
 4352  Chancellor of the Florida College System, or the Legislature,
 4353  report its status using the following performance and compliance
 4354  indicators:
 4355         1. Obtaining and maintaining appropriate Southern
 4356  Association of Colleges and Schools accreditation;
 4357         2. Maintaining qualified faculty and institutional
 4358  resources;
 4359         3. Maintaining student enrollment in previously approved
 4360  programs;
 4361         4. Managing fiscal resources appropriately;
 4362         5. Complying with the primary mission and responsibility
 4363  requirements in subsections (2) and (3); and
 4364         6. Other indicators of success, including program
 4365  completions, employment and earnings outcomes, student
 4366  acceptance into and performance in graduate programs placements,
 4367  and surveys of graduates and employers; and.
 4368         7. Continuing to meet workforce demand, as provided in
 4369  subparagraph (c)2., as demonstrated through a data-driven needs
 4370  assessment by the Florida Community College System institution
 4371  which is verified by more than one third-party professional
 4372  entity that is independent of the institution.
 4373         8. Complying with the upper-level enrollment provisions
 4374  under subsection (6).
 4375  
 4376  The State Board of Community Colleges Education, upon annual
 4377  review of the baccalaureate degree program performance and
 4378  compliance indicators and needs assessment, may require a
 4379  Florida Community College System institution’s board of trustees
 4380  to modify or terminate a baccalaureate degree program authorized
 4381  under this section. If the annual review indicates negative
 4382  program performance and compliance results, and if the needs
 4383  assessment fails to demonstrate a need for the program, the
 4384  State Board of Community Colleges must require a Florida
 4385  Community College System institution’s board of trustees to
 4386  terminate that baccalaureate degree program.
 4387         (6)(a) If the 2015-2016 total upper-level, undergraduate
 4388  full-time equivalent enrollment at a Florida Community College
 4389  System institution is at or above 10 percent of the 2015-2016
 4390  combined total lower-level and upper-level full-time equivalent
 4391  enrollment at that institution, the total upper-level
 4392  enrollment, as a percentage of the combined enrollment, may not
 4393  increase by more than 4 percentage points unless the institution
 4394  obtains prior legislative approval.
 4395         (b) If the 2015-2016 total upper-level, undergraduate full
 4396  time equivalent enrollment at a Florida Community College System
 4397  institution is below 10 percent of the 2015-2016 combined total
 4398  lower-level and upper-level full-time equivalent enrollment at
 4399  that institution, the total upper-level enrollment, as a
 4400  percentage of the combined enrollment, may not increase by more
 4401  than 8 percentage points unless the institution obtains prior
 4402  legislative approval.
 4403         (c) Notwithstanding enrollment provisions in paragraphs (a)
 4404  and (b), the upper-level, undergraduate full-time equivalent
 4405  enrollment at a Florida Community College System institution may
 4406  not exceed 15 percent of the combined total lower-level and
 4407  upper-level full-time equivalent enrollment at that institution.
 4408         (d) Within the 4 percent or 8 percent growth authorized
 4409  under paragraph (a) or paragraph (b), for any planned and
 4410  purposeful expansion of existing baccalaureate degree programs
 4411  or creation of a new baccalaureate program, a community college
 4412  must demonstrate satisfactory performance in fulfilling its
 4413  primary mission pursuant to s. 1004.65, executing at least one
 4414  “2+2” targeted pathway articulation agreement pursuant to s.
 4415  1007.23, and meeting or exceeding the performance standards
 4416  related to on-time completion and graduation rates under s.
 4417  1001.66 for students earning associate of arts or baccalaureate
 4418  degrees. The State Board of Community Colleges may not approve a
 4419  new baccalaureate degree program proposal for a community
 4420  college that does not meet the conditions specified in this
 4421  subsection in addition to the other requirements for approval
 4422  under this section. Each community college that offers a
 4423  baccalaureate degree must annually review each baccalaureate
 4424  degree program and annually report to the State Board of
 4425  Community Colleges, in a format prescribed by the state board,
 4426  current and projected student enrollment for such program,
 4427  justification for continuation of each baccalaureate degree
 4428  program, and a plan to comply with the upper-level enrollment
 4429  provisions of this subsection. A Florida Community College
 4430  System institution that does not comply with the requirements of
 4431  this section is subject to s. 1001.602(9) and may not report for
 4432  funding, the upper-level, undergraduate full-time equivalent
 4433  enrollment that exceeds the upper-level enrollment percent
 4434  provision of this subsection.
 4435         (7)(6) The State Board of Community Colleges Education
 4436  shall adopt rules to prescribe format and content requirements
 4437  and submission procedures for notices of interest and intent,
 4438  baccalaureate degree program proposals, objections, proposals,
 4439  alternative proposals, and compliance reviews under subsection
 4440  (5).
 4441         Section 67. Subsections (1), (3), (4), and (5) of section
 4442  1008.30, Florida Statutes, are amended to read:
 4443         1008.30 Common placement testing for public postsecondary
 4444  education.—
 4445         (1) The State Board of Community Colleges Education, in
 4446  conjunction with the Board of Governors and the State Board of
 4447  Education, shall develop and implement a common placement test
 4448  for the purpose of assessing the basic computation and
 4449  communication skills of students who intend to enter a degree
 4450  program at any public postsecondary educational institution.
 4451  Alternative assessments that may be accepted in lieu of the
 4452  common placement test shall also be identified in rule. Public
 4453  postsecondary educational institutions shall provide appropriate
 4454  modifications of the test instruments or test procedures for
 4455  students with disabilities.
 4456         (3) By October 31, 2013, The State Board of Community
 4457  Colleges, in conjunction with the Board of Governors and the
 4458  State Board of Education, Education shall establish by rule the
 4459  test scores a student must achieve to demonstrate readiness to
 4460  perform college-level work, and the rules must specify the
 4461  following:
 4462         (a) A student who entered 9th grade in a Florida public
 4463  school in the 2003-2004 school year, or any year thereafter, and
 4464  earned a Florida standard high school diploma or a student who
 4465  is serving as an active duty member of any branch of the United
 4466  States Armed Services shall not be required to take the common
 4467  placement test and shall not be required to enroll in
 4468  developmental education instruction in a Florida Community
 4469  College System institution. However, a student who is not
 4470  required to take the common placement test and is not required
 4471  to enroll in developmental education under this paragraph may
 4472  opt to be assessed and to enroll in developmental education
 4473  instruction, and the college shall provide such assessment and
 4474  instruction upon the student’s request.
 4475         (b) A student who takes the common placement test and whose
 4476  score on the test indicates a need for developmental education
 4477  must be advised of all the developmental education options
 4478  offered at the institution and, after advisement, shall be
 4479  allowed to enroll in the developmental education option of his
 4480  or her choice.
 4481         (c) A student who demonstrates readiness by achieving or
 4482  exceeding the test scores established by the state board and
 4483  enrolls in a Florida Community College System institution within
 4484  2 years after achieving such scores shall not be required to
 4485  retest or complete developmental education when admitted to any
 4486  Florida Community College System institution.
 4487         (4) By December 31, 2013, The State Board of Community
 4488  Colleges Education, in consultation with the Board of Governors,
 4489  shall approve a series of meta-majors and the academic pathways
 4490  that identify the gateway courses associated with each meta
 4491  major. Florida Community College System institutions shall use
 4492  placement test results to determine the extent to which each
 4493  student demonstrates sufficient communication and computation
 4494  skills to indicate readiness for his or her chosen meta-major.
 4495  Florida Community College System institutions shall counsel
 4496  students into college credit courses as quickly as possible,
 4497  with developmental education limited to that content needed for
 4498  success in the meta-major.
 4499         (5)(a) Each Florida Community College System institution
 4500  board of trustees shall develop a plan to implement the
 4501  developmental education strategies defined in s. 1008.02 and
 4502  rules established by the State Board of Community Colleges
 4503  Education. The plan must be submitted to the Chancellor of the
 4504  Florida Community College System for approval no later than
 4505  March 1, 2014, for implementation no later than the fall
 4506  semester 2014. Each plan must include, at a minimum, local
 4507  policies that outline:
 4508         1. Documented student achievements such as grade point
 4509  averages, work history, military experience, participation in
 4510  juried competitions, career interests, degree major declaration,
 4511  or any combination of such achievements that the institution may
 4512  consider, in addition to common placement test scores, for
 4513  advising students regarding enrollment options.
 4514         2. Developmental education strategies available to
 4515  students.
 4516         3. A description of student costs and financial aid
 4517  opportunities associated with each option.
 4518         4. Provisions for the collection of student success data.
 4519         5. A comprehensive plan for advising students into
 4520  appropriate developmental education strategies based on student
 4521  success data.
 4522         (b) Beginning October 31, 2015, each Florida Community
 4523  College System institution shall annually prepare an
 4524  accountability report that includes student success data
 4525  relating to each developmental education strategy implemented by
 4526  the institution. The report shall be submitted to the State
 4527  Board of Community Division of Florida Colleges by October 31 in
 4528  a format determined by the Chancellor of the Florida Community
 4529  College System. By December 31, the chancellor shall compile and
 4530  submit the institutional reports to the Governor, the President
 4531  of the Senate, the Speaker of the House of Representatives, and
 4532  the State Board of Community Colleges and the State Board of
 4533  Education.
 4534         (c) A university board of trustees may contract with a
 4535  Florida Community College System institution board of trustees
 4536  for the Florida Community College System institution to provide
 4537  developmental education on the state university campus. Any
 4538  state university in which the percentage of incoming students
 4539  requiring developmental education equals or exceeds the average
 4540  percentage of such students for the Florida Community College
 4541  System may offer developmental education without contracting
 4542  with a Florida Community College System institution; however,
 4543  any state university offering college-preparatory instruction as
 4544  of January 1, 1996, may continue to provide such services.
 4545         Section 68. Paragraphs (d) and (e) of subsection (1) and
 4546  paragraphs (a) and (c) of subsection (3) of section 1008.31,
 4547  Florida Statutes, are amended to read:
 4548         1008.31 Florida’s K-20 education performance accountability
 4549  system; legislative intent; mission, goals, and systemwide
 4550  measures; data quality improvements.—
 4551         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4552  that:
 4553         (d) The State Board of Education, and the Board of
 4554  Governors of the State University System, and the State Board of
 4555  Community Colleges of the Florida Community College System
 4556  recommend to the Legislature systemwide performance standards;
 4557  the Legislature establish systemwide performance measures and
 4558  standards; and the systemwide measures and standards provide
 4559  Floridians with information on what the public is receiving in
 4560  return for the funds it invests in education and how well the K
 4561  20 system educates its students.
 4562         (e)1. The State Board of Education establish performance
 4563  measures and set performance standards for individual public
 4564  schools and Florida College System institutions, with measures
 4565  and standards based primarily on student achievement.
 4566         2. The Board of Governors of the State University System
 4567  establish performance measures and set performance standards for
 4568  individual state universities, including actual completion
 4569  rates.
 4570         3. The State Board of Community Colleges establish
 4571  performance measures and set performance standards for
 4572  individual Florida Community College System institutions.
 4573         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4574  data required to implement education performance accountability
 4575  measures in state and federal law, the Commissioner of Education
 4576  shall initiate and maintain strategies to improve data quality
 4577  and timeliness. The Board of Governors shall make available to
 4578  the department all data within the State University Database
 4579  System to be integrated into the K-20 data warehouse. The
 4580  commissioner shall have unlimited access to such data for the
 4581  purposes of conducting studies, reporting annual and
 4582  longitudinal student outcomes, and improving college readiness
 4583  and articulation. All public educational institutions shall
 4584  annually provide data from the prior year to the K-20 data
 4585  warehouse in a format based on data elements identified by the
 4586  commissioner.
 4587         (a) School districts and public postsecondary educational
 4588  institutions shall maintain information systems that will
 4589  provide the State Board of Education, the Board of Governors of
 4590  the State University System, the State Board of Community
 4591  Colleges of the Florida Community College System, and the
 4592  Legislature with information and reports necessary to address
 4593  the specifications of the accountability system. The level of
 4594  comprehensiveness and quality must be no less than that which
 4595  was available as of June 30, 2001.
 4596         (c) The Commissioner of Education shall determine the
 4597  standards for the required data, monitor data quality, and
 4598  measure improvements. The commissioner shall report annually to
 4599  the State Board of Education, the Board of Governors of the
 4600  State University System, the State Board of Community Colleges
 4601  of the Florida Community College System, the President of the
 4602  Senate, and the Speaker of the House of Representatives data
 4603  quality indicators and ratings for all school districts and
 4604  public postsecondary educational institutions.
 4605         Section 69. Section 1008.32, Florida Statutes, is amended
 4606  to read:
 4607         1008.32 State Board of Education oversight enforcement
 4608  authority.—The State Board of Education shall oversee the
 4609  performance of district school boards and Florida College System
 4610  institution boards of trustees in enforcement of all laws and
 4611  rules. District school boards and Florida College System
 4612  institution boards of trustees shall be primarily responsible
 4613  for compliance with law and state board rule.
 4614         (1) In order to ensure compliance with law or state board
 4615  rule, the State Board of Education shall have the authority to
 4616  request and receive information, data, and reports from school
 4617  districts and Florida College System institutions. District
 4618  school superintendents and Florida College System institution
 4619  presidents are responsible for the accuracy of the information
 4620  and data reported to the state board.
 4621         (2) The Commissioner of Education may investigate
 4622  allegations of noncompliance with law or state board rule and
 4623  determine probable cause. The commissioner shall report
 4624  determinations of probable cause to the State Board of Education
 4625  which shall require the district school board or Florida College
 4626  System institution board of trustees to document compliance with
 4627  law or state board rule.
 4628         (3) If the district school board or Florida College System
 4629  institution board of trustees cannot satisfactorily document
 4630  compliance, the State Board of Education may order compliance
 4631  within a specified timeframe.
 4632         (4) If the State Board of Education determines that a
 4633  district school board or Florida College System institution
 4634  board of trustees is unwilling or unable to comply with law or
 4635  state board rule within the specified time, the state board
 4636  shall have the authority to initiate any of the following
 4637  actions:
 4638         (a) Report to the Legislature that the school district or
 4639  Florida College System institution is unwilling or unable to
 4640  comply with law or state board rule and recommend action to be
 4641  taken by the Legislature.
 4642         (b) Withhold the transfer of state funds, discretionary
 4643  grant funds, discretionary lottery funds, or any other funds
 4644  specified as eligible for this purpose by the Legislature until
 4645  the school district or Florida College System institution
 4646  complies with the law or state board rule.
 4647         (c) Declare the school district or Florida College System
 4648  institution ineligible for competitive grants.
 4649         (d) Require monthly or periodic reporting on the situation
 4650  related to noncompliance until it is remedied.
 4651         (5) Nothing in this section shall be construed to create a
 4652  private cause of action or create any rights for individuals or
 4653  entities in addition to those provided elsewhere in law or rule.
 4654         Section 70. Paragraphs (e) and (f) of subsection (7) of
 4655  section 1008.345, Florida Statutes, are amended to read:
 4656         1008.345 Implementation of state system of school
 4657  improvement and education accountability.—
 4658         (7) As a part of the system of educational accountability,
 4659  the Department of Education shall:
 4660         (e) Maintain a listing of college-level communication and
 4661  mathematics skills associated with successful student
 4662  performance through the baccalaureate level and submit it to the
 4663  State Board of Education, and the Board of Governors, and the
 4664  State Board of Community Colleges for approval.
 4665         (f) Perform any other functions that may be involved in
 4666  educational planning, research, and evaluation or that may be
 4667  required by the commissioner, the State Board of Education, the
 4668  State Board of Community Colleges, the Board of Governors, or
 4669  law.
 4670         Section 71. Subsections (1) and (2) of section 1008.37,
 4671  Florida Statutes, are amended to read:
 4672         1008.37 Postsecondary feedback of information to high
 4673  schools.—
 4674         (1) The Commissioner of Education shall report to the State
 4675  Board of Education, the Board of Governors, the State Board of
 4676  Community Colleges, the Legislature, and the district school
 4677  boards on the performance of each first-time-in-postsecondary
 4678  education student from each public high school in this state who
 4679  is enrolled in a public postsecondary institution or public
 4680  career center. Such reports must be based on information
 4681  databases maintained by the Department of Education. In
 4682  addition, the public postsecondary educational institutions and
 4683  career centers shall provide district school boards access to
 4684  information on student performance in regular and preparatory
 4685  courses and shall indicate students referred for remediation
 4686  pursuant to s. 1004.91 or s. 1008.30.
 4687         (2) The Commissioner of Education shall report, by high
 4688  school, to the State Board of Education, the Board of Governors,
 4689  the State Board of Community Colleges, and the Legislature, no
 4690  later than November 30 of each year, on the number of prior year
 4691  Florida high school graduates who enrolled for the first time in
 4692  public postsecondary education in this state during the previous
 4693  summer, fall, or spring term, indicating the number of students
 4694  whose scores on the common placement test indicated the need for
 4695  developmental education under s. 1008.30 or for applied
 4696  academics for adult education under s. 1004.91.
 4697         Section 72. Section 1008.38, Florida Statutes, is amended
 4698  to read:
 4699         1008.38 Articulation accountability process.—The State
 4700  Board of Education, in conjunction with the Board of Governors
 4701  and the State Board of Community Colleges, shall develop
 4702  articulation accountability measures which assess the status of
 4703  systemwide articulation processes authorized under s. 1007.23
 4704  and establish an articulation accountability process which at a
 4705  minimum shall address:
 4706         (1) The impact of articulation processes on ensuring
 4707  educational continuity and the orderly and unobstructed
 4708  transition of students between public secondary and
 4709  postsecondary education systems and facilitating the transition
 4710  of students between the public and private sectors.
 4711         (2) The adequacy of preparation of public secondary
 4712  students to smoothly articulate to a public postsecondary
 4713  institution.
 4714         (3) The effectiveness of articulated acceleration
 4715  mechanisms available to secondary students.
 4716         (4) The smooth transfer of Florida Community College System
 4717  associate degree graduates to a Florida Community College System
 4718  institution or a state university.
 4719         (5) An examination of degree requirements that exceed the
 4720  parameters of 60 credit hours for an associate degree and 120
 4721  hours for a baccalaureate degree in public postsecondary
 4722  programs.
 4723         (6) The relationship between student attainment of college
 4724  level academic skills and articulation to the upper division in
 4725  public postsecondary institutions.
 4726         Section 73. Section 1008.405, Florida Statutes, is amended
 4727  to read:
 4728         1008.405 Adult student information.—Each school district
 4729  and Florida Community College System institution shall maintain
 4730  sufficient information for each student enrolled in workforce
 4731  education to allow local and state administrators to locate such
 4732  student upon the termination of instruction and to determine the
 4733  appropriateness of student placement in specific instructional
 4734  programs. The State Board of Education and the State Board of
 4735  Community Colleges shall adopt, by rule, specific information
 4736  that must be maintained and acceptable means of maintaining that
 4737  information.
 4738         Section 74. Subsection (2) of section 1008.44, Florida
 4739  Statutes, is amended to read:
 4740         1008.44 CAPE Industry Certification Funding List and CAPE
 4741  Postsecondary Industry Certification Funding List.—
 4742         (2) The State Board of Education, for school districts, and
 4743  the State Board of Community Colleges, for Florida Community
 4744  College System institutions, shall collaborate to approve, at
 4745  least annually, the CAPE Postsecondary Industry Certification
 4746  Funding List pursuant to this section. The Commissioner of
 4747  Education and the Chancellor of the Florida Community College
 4748  System shall recommend, at least annually, the CAPE
 4749  Postsecondary Industry Certification Funding List to the State
 4750  Board of Education and the State Board of Community Colleges,
 4751  respectively, and may at any time recommend adding
 4752  certifications. The Chancellor of the State University System,
 4753  the Chancellor of the Florida Community College System, and the
 4754  Chancellor of Career and Adult Education shall work with local
 4755  workforce boards, other postsecondary institutions, businesses,
 4756  and industry to identify, create, and recommend to the
 4757  Commissioner of Education industry certifications to be placed
 4758  on the funding list. The list shall be used to determine annual
 4759  performance funding distributions to school districts or Florida
 4760  Community College System institutions as specified in ss.
 4761  1011.80 and 1011.81, respectively. The chancellors shall review
 4762  results of the economic security report of employment and
 4763  earning outcomes produced annually pursuant to s. 445.07 when
 4764  determining recommended certifications for the list, as well as
 4765  other reports and indicators available regarding certification
 4766  needs.
 4767         Section 75. Section 1008.45, Florida Statutes, is amended
 4768  to read:
 4769         1008.45 Florida Community College System institution
 4770  accountability process.—
 4771         (1) It is the intent of the Legislature that a management
 4772  and accountability process be implemented which provides for the
 4773  systematic, ongoing improvement and assessment of the
 4774  improvement of the quality and efficiency of the Florida
 4775  Community College System institutions. Accordingly, the State
 4776  Board of Community Colleges Education and the Florida Community
 4777  College System institution boards of trustees shall develop and
 4778  implement an accountability plan to improve and evaluate the
 4779  instructional and administrative efficiency and effectiveness of
 4780  the Florida Community College System. This plan shall be
 4781  designed in consultation with staff of the Governor and the
 4782  Legislature and must address the following issues:
 4783         (a) Graduation rates of A.A. and A.S. degree-seeking
 4784  students compared to first-time-enrolled students seeking the
 4785  associate degree.
 4786         (b) Minority student enrollment and retention rates.
 4787         (c) Student performance, including student performance in
 4788  college-level academic skills, mean grade point averages for
 4789  Florida Community College System institution A.A. transfer
 4790  students, and Florida Community College System institution
 4791  student performance on state licensure examinations.
 4792         (d) Job placement rates of Florida Community College System
 4793  institution career students.
 4794         (e) Student progression by admission status and program.
 4795         (f) Career accountability standards identified in s.
 4796  1008.42.
 4797         (g) Institutional assessment efforts related to the
 4798  requirements of s. III in the Criteria for Accreditation of the
 4799  Commission on Colleges of the Southern Association of Colleges
 4800  and Schools.
 4801         (h) Other measures approved by the State Board of Community
 4802  Colleges Education.
 4803         (2) The State Board of Community Colleges Education shall
 4804  submit an annual report, to coincide with the submission of the
 4805  state board’s agency strategic plan required by law, providing
 4806  the results of initiatives taken during the prior year and the
 4807  initiatives and related objective performance measures proposed
 4808  for the next year.
 4809         (3) The State Board of Community Colleges Education shall
 4810  address within the annual evaluation of the performance of the
 4811  chancellor executive director, and the Florida Community College
 4812  System institution boards of trustees shall address within the
 4813  annual evaluation of the presidents, the achievement of the
 4814  performance goals established by the accountability process.
 4815         Section 76. Section 1009.21, Florida Statutes, is amended
 4816  to read:
 4817         1009.21 Determination of resident status for tuition
 4818  purposes.—Students shall be classified as residents or
 4819  nonresidents for the purpose of assessing tuition in
 4820  postsecondary educational programs offered by charter technical
 4821  career centers or career centers operated by school districts,
 4822  in Florida Community College System institutions, and in state
 4823  universities.
 4824         (1) As used in this section, the term:
 4825         (a) “Dependent child” means any person, whether or not
 4826  living with his or her parent, who is eligible to be claimed by
 4827  his or her parent as a dependent under the federal income tax
 4828  code.
 4829         (b) “Initial enrollment” means the first day of class at an
 4830  institution of higher education.
 4831         (c) “Institution of higher education” means any charter
 4832  technical career center as defined in s. 1002.34, career center
 4833  operated by a school district as defined in s. 1001.44, Florida
 4834  Community College System institution as defined in s.
 4835  1000.21(3), or state university as defined in s. 1000.21(6).
 4836         (d) “Legal resident” or “resident” means a person who has
 4837  maintained his or her residence in this state for the preceding
 4838  year, has purchased a home which is occupied by him or her as
 4839  his or her residence, or has established a domicile in this
 4840  state pursuant to s. 222.17.
 4841         (e) “Nonresident for tuition purposes” means a person who
 4842  does not qualify for the in-state tuition rate.
 4843         (f) “Parent” means either or both parents of a student, any
 4844  guardian of a student, or any person in a parental relationship
 4845  to a student.
 4846         (g) “Resident for tuition purposes” means a person who
 4847  qualifies as provided in this section for the in-state tuition
 4848  rate.
 4849         (2)(a) To qualify as a resident for tuition purposes:
 4850         1. A person or, if that person is a dependent child, his or
 4851  her parent or parents must have established legal residence in
 4852  this state and must have maintained legal residence in this
 4853  state for at least 12 consecutive months immediately prior to
 4854  his or her initial enrollment in an institution of higher
 4855  education.
 4856         2. Every applicant for admission to an institution of
 4857  higher education shall be required to make a statement as to his
 4858  or her length of residence in the state and, further, shall
 4859  establish that his or her presence or, if the applicant is a
 4860  dependent child, the presence of his or her parent or parents in
 4861  the state currently is, and during the requisite 12-month
 4862  qualifying period was, for the purpose of maintaining a bona
 4863  fide domicile, rather than for the purpose of maintaining a mere
 4864  temporary residence or abode incident to enrollment in an
 4865  institution of higher education.
 4866         (b) However, with respect to a dependent child living with
 4867  an adult relative other than the child’s parent, such child may
 4868  qualify as a resident for tuition purposes if the adult relative
 4869  is a legal resident who has maintained legal residence in this
 4870  state for at least 12 consecutive months immediately before the
 4871  child’s initial enrollment in an institution of higher
 4872  education, provided the child has resided continuously with such
 4873  relative for the 3 years immediately before the child’s initial
 4874  enrollment in an institution of higher education, during which
 4875  time the adult relative has exercised day-to-day care,
 4876  supervision, and control of the child.
 4877         (c) The legal residence of a dependent child whose parents
 4878  are divorced, separated, or otherwise living apart will be
 4879  deemed to be this state if either parent is a legal resident of
 4880  this state, regardless of which parent is entitled to claim, and
 4881  does in fact claim, the minor as a dependent pursuant to federal
 4882  individual income tax provisions.
 4883         (d) A dependent child who is a United States citizen may
 4884  not be denied classification as a resident for tuition purposes
 4885  based solely upon the immigration status of his or her parent.
 4886         (3)(a) An individual shall not be classified as a resident
 4887  for tuition purposes and, thus, shall not be eligible to receive
 4888  the in-state tuition rate until he or she has provided such
 4889  evidence related to legal residence and its duration or, if that
 4890  individual is a dependent child, evidence of his or her parent’s
 4891  legal residence and its duration, as may be required by law and
 4892  by officials of the institution of higher education from which
 4893  he or she seeks the in-state tuition rate.
 4894         (b) Except as otherwise provided in this section, evidence
 4895  of legal residence and its duration shall include clear and
 4896  convincing documentation that residency in this state was for a
 4897  minimum of 12 consecutive months prior to a student’s initial
 4898  enrollment in an institution of higher education.
 4899         (c) Each institution of higher education shall
 4900  affirmatively determine that an applicant who has been granted
 4901  admission to that institution as a Florida resident meets the
 4902  residency requirements of this section at the time of initial
 4903  enrollment. The residency determination must be documented by
 4904  the submission of written or electronic verification that
 4905  includes two or more of the documents identified in this
 4906  paragraph. No single piece of evidence shall be conclusive.
 4907         1. The documents must include at least one of the
 4908  following:
 4909         a. A Florida voter’s registration card.
 4910         b. A Florida driver license.
 4911         c. A State of Florida identification card.
 4912         d. A Florida vehicle registration.
 4913         e. Proof of a permanent home in Florida which is occupied
 4914  as a primary residence by the individual or by the individual’s
 4915  parent if the individual is a dependent child.
 4916         f. Proof of a homestead exemption in Florida.
 4917         g. Transcripts from a Florida high school for multiple
 4918  years if the Florida high school diploma or high school
 4919  equivalency diploma was earned within the last 12 months.
 4920         h. Proof of permanent full-time employment in Florida for
 4921  at least 30 hours per week for a 12-month period.
 4922         2. The documents may include one or more of the following:
 4923         a. A declaration of domicile in Florida.
 4924         b. A Florida professional or occupational license.
 4925         c. Florida incorporation.
 4926         d. A document evidencing family ties in Florida.
 4927         e. Proof of membership in a Florida-based charitable or
 4928  professional organization.
 4929         f. Any other documentation that supports the student’s
 4930  request for resident status, including, but not limited to,
 4931  utility bills and proof of 12 consecutive months of payments; a
 4932  lease agreement and proof of 12 consecutive months of payments;
 4933  or an official state, federal, or court document evidencing
 4934  legal ties to Florida.
 4935         (4) With respect to a dependent child, the legal residence
 4936  of the dependent child’s parent or parents is prima facie
 4937  evidence of the dependent child’s legal residence, which
 4938  evidence may be reinforced or rebutted, relative to the age and
 4939  general circumstances of the dependent child, by the other
 4940  evidence of legal residence required of or presented by the
 4941  dependent child. However, the legal residence of a dependent
 4942  child’s parent or parents who are domiciled outside this state
 4943  is not prima facie evidence of the dependent child’s legal
 4944  residence if that dependent child has lived in this state for 5
 4945  consecutive years prior to enrolling or reregistering at the
 4946  institution of higher education at which resident status for
 4947  tuition purposes is sought.
 4948         (5) A person who physically resides in this state may be
 4949  classified as a resident for tuition purposes if he or she
 4950  marries a person who meets the 12-month residency requirement
 4951  under subsection (2) and who is a legal resident of this state.
 4952         (6)(a) Except as otherwise provided in this section, a
 4953  person who is classified as a nonresident for tuition purposes
 4954  may become eligible for reclassification as a resident for
 4955  tuition purposes if that person or, if that person is a
 4956  dependent child, his or her parent presents clear and convincing
 4957  documentation that supports permanent legal residency in this
 4958  state for at least 12 consecutive months rather than temporary
 4959  residency for the purpose of pursuing an education, such as
 4960  documentation of full-time permanent employment for the prior 12
 4961  months or the purchase of a home in this state and residence
 4962  therein for the prior 12 months while not enrolled in an
 4963  institution of higher education.
 4964         (b) If a person who is a dependent child and his or her
 4965  parent move to this state while such child is a high school
 4966  student and the child graduates from a high school in this
 4967  state, the child may become eligible for reclassification as a
 4968  resident for tuition purposes when the parent submits evidence
 4969  that the parent qualifies for permanent residency.
 4970         (c) If a person who is a dependent child and his or her
 4971  parent move to this state after such child graduates from high
 4972  school, the child may become eligible for reclassification as a
 4973  resident for tuition purposes after the parent submits evidence
 4974  that he or she has established legal residence in the state and
 4975  has maintained legal residence in the state for at least 12
 4976  consecutive months.
 4977         (d) A person who is classified as a nonresident for tuition
 4978  purposes and who marries a legal resident of the state or
 4979  marries a person who becomes a legal resident of the state may,
 4980  upon becoming a legal resident of the state, become eligible for
 4981  reclassification as a resident for tuition purposes upon
 4982  submitting evidence of his or her own legal residency in the
 4983  state, evidence of his or her marriage to a person who is a
 4984  legal resident of the state, and evidence of the spouse’s legal
 4985  residence in the state for at least 12 consecutive months
 4986  immediately preceding the application for reclassification.
 4987         (7) A person shall not lose his or her resident status for
 4988  tuition purposes solely by reason of serving, or, if such person
 4989  is a dependent child, by reason of his or her parent’s or
 4990  parents’ serving, in the Armed Forces outside this state.
 4991         (8) A person who has been properly classified as a resident
 4992  for tuition purposes but who, while enrolled in an institution
 4993  of higher education in this state, loses his or her resident
 4994  tuition status because the person or, if he or she is a
 4995  dependent child, the person’s parent or parents establish
 4996  domicile or legal residence elsewhere shall continue to enjoy
 4997  the in-state tuition rate for a statutory grace period, which
 4998  period shall be measured from the date on which the
 4999  circumstances arose that culminated in the loss of resident
 5000  tuition status and shall continue for 12 months. However, if the
 5001  12-month grace period ends during a semester or academic term
 5002  for which such former resident is enrolled, such grace period
 5003  shall be extended to the end of that semester or academic term.
 5004         (9) Any person who ceases to be enrolled at or who
 5005  graduates from an institution of higher education while
 5006  classified as a resident for tuition purposes and who
 5007  subsequently abandons his or her domicile in this state shall be
 5008  permitted to reenroll at an institution of higher education in
 5009  this state as a resident for tuition purposes without the
 5010  necessity of meeting the 12-month durational requirement of this
 5011  section if that person has reestablished his or her domicile in
 5012  this state within 12 months of such abandonment and continuously
 5013  maintains the reestablished domicile during the period of
 5014  enrollment. The benefit of this subsection shall not be accorded
 5015  more than once to any one person.
 5016         (10) The following persons shall be classified as residents
 5017  for tuition purposes:
 5018         (a) Active duty members of the Armed Services of the United
 5019  States residing or stationed in this state, their spouses, and
 5020  dependent children, and active drilling members of the Florida
 5021  National Guard.
 5022         (b) Active duty members of the Armed Services of the United
 5023  States and their spouses and dependents attending a Florida
 5024  Community College System institution or state university within
 5025  50 miles of the military establishment where they are stationed,
 5026  if such military establishment is within a county contiguous to
 5027  Florida.
 5028         (c) United States citizens living on the Isthmus of Panama,
 5029  who have completed 12 consecutive months of college work at the
 5030  Florida State University Panama Canal Branch, and their spouses
 5031  and dependent children.
 5032         (d) Full-time instructional and administrative personnel
 5033  employed by state public schools and institutions of higher
 5034  education and their spouses and dependent children.
 5035         (e) Students from Latin America and the Caribbean who
 5036  receive scholarships from the federal or state government. Any
 5037  student classified pursuant to this paragraph shall attend, on a
 5038  full-time basis, a Florida institution of higher education.
 5039         (f) Southern Regional Education Board’s Academic Common
 5040  Market graduate students attending Florida’s state universities.
 5041         (g) Full-time employees of state agencies or political
 5042  subdivisions of the state when the student fees are paid by the
 5043  state agency or political subdivision for the purpose of job
 5044  related law enforcement or corrections training.
 5045         (h) McKnight Doctoral Fellows and Finalists who are United
 5046  States citizens.
 5047         (i) United States citizens living outside the United States
 5048  who are teaching at a Department of Defense Dependent School or
 5049  in an American International School and who enroll in a graduate
 5050  level education program which leads to a Florida teaching
 5051  certificate.
 5052         (j) Active duty members of the Canadian military residing
 5053  or stationed in this state under the North American Air Defense
 5054  (NORAD) agreement, and their spouses and dependent children,
 5055  attending a Florida Community College System institution or
 5056  state university within 50 miles of the military establishment
 5057  where they are stationed.
 5058         (k) Active duty members of a foreign nation’s military who
 5059  are serving as liaison officers and are residing or stationed in
 5060  this state, and their spouses and dependent children, attending
 5061  a Florida Community College System institution or state
 5062  university within 50 miles of the military establishment where
 5063  the foreign liaison officer is stationed.
 5064         (11) Once a student has been classified as a resident for
 5065  tuition purposes, an institution of higher education to which
 5066  the student transfers is not required to reevaluate the
 5067  classification unless inconsistent information suggests that an
 5068  erroneous classification was made or the student’s situation has
 5069  changed. However, the student must have attended the institution
 5070  making the initial classification within the prior 12 months,
 5071  and the residency classification must be noted on the student’s
 5072  transcript. The Higher Education Coordinating Council shall
 5073  consider issues related to residency determinations and make
 5074  recommendations relating to efficiency and effectiveness of
 5075  current law.
 5076         (12) Each institution of higher education shall establish a
 5077  residency appeal committee comprised of at least three members
 5078  to consider student appeals of residency determinations, in
 5079  accordance with the institution’s official appeal process. The
 5080  residency appeal committee must render to the student the final
 5081  residency determination in writing. The institution must advise
 5082  the student of the reasons for the determination.
 5083         (13) The State Board of Education, and the Board of
 5084  Governors, and the State Board of Community Colleges shall adopt
 5085  rules to implement this section.
 5086         Section 77. Paragraph (e) of subsection (3) of section
 5087  1009.22, Florida Statutes, is amended to read:
 5088         1009.22 Workforce education postsecondary student fees.—
 5089         (3)
 5090         (e) The State Board of Education and the State Board of
 5091  Community Colleges may adopt, by rule, the definitions and
 5092  procedures that district school boards and Florida Community
 5093  College System institution boards of trustees shall use in the
 5094  calculation of cost borne by students.
 5095         Section 78. Section 1009.23, Florida Statutes, is amended
 5096  to read:
 5097         1009.23 Florida Community College System institution
 5098  student fees.—
 5099         (1) Unless otherwise provided, this section applies only to
 5100  fees charged for college credit instruction leading to an
 5101  associate in arts degree, an associate in applied science
 5102  degree, an associate in science degree, or a baccalaureate
 5103  degree authorized pursuant to s. 1007.33, for noncollege credit
 5104  developmental education defined in s. 1004.02, and for educator
 5105  preparation institute programs defined in s. 1004.85.
 5106         (2)(a) All students shall be charged fees except students
 5107  who are exempt from fees or students whose fees are waived.
 5108         (b) Tuition and out-of-state fees for upper-division
 5109  courses must reflect the fact that the Florida Community College
 5110  System institution has a less expensive cost structure than that
 5111  of a state university. Therefore, the board of trustees shall
 5112  establish tuition and out-of-state fees for upper-division
 5113  courses in baccalaureate degree programs approved pursuant to s.
 5114  1007.33 consistent with law and proviso language in the General
 5115  Appropriations Act. However, the board of trustees may vary
 5116  tuition and out-of-state fees only as provided in subsection (6)
 5117  and s. 1009.26(11).
 5118         (3)(a) Effective July 1, 2014, for advanced and
 5119  professional, postsecondary vocational, developmental education,
 5120  and educator preparation institute programs, the standard
 5121  tuition shall be $71.98 per credit hour for residents and
 5122  nonresidents, and the out-of-state fee shall be $215.94 per
 5123  credit hour.
 5124         (b) Effective July 1, 2014, for baccalaureate degree
 5125  programs, the following tuition and fee rates shall apply:
 5126         1. The tuition shall be $91.79 per credit hour for students
 5127  who are residents for tuition purposes.
 5128         2. The sum of the tuition and he out-of-state fee per
 5129  credit hour for students who are nonresidents for tuition
 5130  purposes shall be no more than 85 percent of the sum of the
 5131  tuition and the out-of-state fee at the state university nearest
 5132  the Florida Community College System institution.
 5133         (4) Each Florida Community College System institution board
 5134  of trustees shall establish tuition and out-of-state fees, which
 5135  may vary no more than 10 percent below and 15 percent above the
 5136  combined total of the standard tuition and fees established in
 5137  subsection (3).
 5138         (5) Except as otherwise provided in law, the sum of
 5139  nonresident student tuition and out-of-state fees must be
 5140  sufficient to defray the full cost of each program.
 5141         (6)(a) A Florida Community College System institution board
 5142  of trustees that has a service area that borders another state
 5143  may implement a plan for a differential out-of-state fee.
 5144         (b) A Florida Community College System institution board of
 5145  trustees may establish a differential out-of-state fee for a
 5146  student who has been determined to be a nonresident for tuition
 5147  purposes pursuant to s. 1009.21 and is enrolled in a distance
 5148  learning course offered by the institution. A differential out
 5149  of-state fee established pursuant to this paragraph shall be
 5150  applicable only to distance learning courses and must be
 5151  established such that the sum of tuition and the differential
 5152  out-of-state fee is sufficient to defray the full cost of
 5153  instruction.
 5154         (7) Each Florida Community College System institution board
 5155  of trustees may establish a separate activity and service fee
 5156  not to exceed 10 percent of the tuition fee, according to rules
 5157  of the State Board of Community Colleges Education. The student
 5158  activity and service fee shall be collected as a component part
 5159  of the tuition and fees. The student activity and service fees
 5160  shall be paid into a student activity and service fund at the
 5161  Florida Community College System institution and shall be
 5162  expended for lawful purposes to benefit the student body in
 5163  general. These purposes include, but are not limited to, student
 5164  publications and grants to duly recognized student
 5165  organizations, the membership of which is open to all students
 5166  at the Florida Community College System institution without
 5167  regard to race, sex, or religion. No Florida Community College
 5168  System institution shall be required to lower any activity and
 5169  service fee approved by the board of trustees of the Florida
 5170  Community College System institution and in effect prior to
 5171  October 26, 2007, in order to comply with the provisions of this
 5172  subsection.
 5173         (8)(a) Each Florida Community College System institution
 5174  board of trustees is authorized to establish a separate fee for
 5175  financial aid purposes in an additional amount up to, but not to
 5176  exceed, 5 percent of the total student tuition or out-of-state
 5177  fees collected. Each Florida Community College System
 5178  institution board of trustees may collect up to an additional 2
 5179  percent if the amount generated by the total financial aid fee
 5180  is less than $500,000. If the amount generated is less than
 5181  $500,000, a Florida Community College System institution that
 5182  charges tuition and out-of-state fees at least equal to the
 5183  average fees established by rule may transfer from the general
 5184  current fund to the scholarship fund an amount equal to the
 5185  difference between $500,000 and the amount generated by the
 5186  total financial aid fee assessment. No other transfer from the
 5187  general current fund to the loan, endowment, or scholarship
 5188  fund, by whatever name known, is authorized.
 5189         (b) All funds collected under this program shall be placed
 5190  in the loan and endowment fund or scholarship fund of the
 5191  college, by whatever name known. Such funds shall be disbursed
 5192  to students as quickly as possible. An amount not greater than
 5193  40 percent of the fees collected in a fiscal year may be carried
 5194  forward unexpended to the following fiscal year. However, funds
 5195  collected prior to July 1, 1989, and placed in an endowment fund
 5196  may not be considered part of the balance of funds carried
 5197  forward unexpended to the following fiscal year.
 5198         (c) Up to 25 percent or $600,000, whichever is greater, of
 5199  the financial aid fees collected may be used to assist students
 5200  who demonstrate academic merit; who participate in athletics,
 5201  public service, cultural arts, and other extracurricular
 5202  programs as determined by the institution; or who are identified
 5203  as members of a targeted gender or ethnic minority population.
 5204  The financial aid fee revenues allocated for athletic
 5205  scholarships and any fee exemptions provided to athletes
 5206  pursuant to s. 1009.25(2) must be distributed equitably as
 5207  required by s. 1000.05(3)(d). A minimum of 75 percent of the
 5208  balance of these funds for new awards shall be used to provide
 5209  financial aid based on absolute need, and the remainder of the
 5210  funds shall be used for academic merit purposes and other
 5211  purposes approved by the boards of trustees. Such other purposes
 5212  shall include the payment of child care fees for students with
 5213  financial need. The State Board of Education shall develop
 5214  criteria for making financial aid awards. Each college shall
 5215  report annually to the Department of Education on the revenue
 5216  collected pursuant to this paragraph, the amount carried
 5217  forward, the criteria used to make awards, the amount and number
 5218  of awards for each criterion, and a delineation of the
 5219  distribution of such awards. The report shall include an
 5220  assessment by category of the financial need of every student
 5221  who receives an award, regardless of the purpose for which the
 5222  award is received. Awards that are based on financial need shall
 5223  be distributed in accordance with a nationally recognized system
 5224  of need analysis approved by the State Board of Education. An
 5225  award for academic merit requires a minimum overall grade point
 5226  average of 3.0 on a 4.0 scale or the equivalent for both initial
 5227  receipt of the award and renewal of the award.
 5228         (d) These funds may not be used for direct or indirect
 5229  administrative purposes or salaries.
 5230         (9) Any Florida Community College System institution that
 5231  reports students who have not paid fees in an approved manner in
 5232  calculations of full-time equivalent enrollments for state
 5233  funding purposes shall be penalized at a rate equal to two times
 5234  the value of such enrollments. Such penalty shall be charged
 5235  against the following year’s allocation from the Florida
 5236  Community College System Program Fund and shall revert to the
 5237  General Revenue Fund.
 5238         (10) Each Florida Community College System institution
 5239  board of trustees is authorized to establish a separate fee for
 5240  technology, which may not exceed 5 percent of tuition per credit
 5241  hour or credit-hour equivalent for resident students and may not
 5242  exceed 5 percent of tuition and the out-of-state fee per credit
 5243  hour or credit-hour equivalent for nonresident students.
 5244  Revenues generated from the technology fee shall be used to
 5245  enhance instructional technology resources for students and
 5246  faculty. The technology fee may apply to both college credit and
 5247  developmental education and shall not be included in any award
 5248  under the Florida Bright Futures Scholarship Program. Fifty
 5249  percent of technology fee revenues may be pledged by a Florida
 5250  Community College System institution board of trustees as a
 5251  dedicated revenue source for the repayment of debt, including
 5252  lease-purchase agreements, not to exceed the useful life of the
 5253  asset being financed. Revenues generated from the technology fee
 5254  may not be bonded.
 5255         (11)(a) Each Florida Community College System institution
 5256  board of trustees may establish a separate fee for capital
 5257  improvements, technology enhancements, equipping student
 5258  buildings, or the acquisition of improved real property which
 5259  may not exceed 20 percent of tuition for resident students or 20
 5260  percent of the sum of tuition and out-of-state fees for
 5261  nonresident students. The fee for resident students shall be
 5262  limited to an increase of $2 per credit hour over the prior
 5263  year. Funds collected by Florida Community College System
 5264  institutions through the fee may be bonded only as provided in
 5265  this subsection for the purpose of financing or refinancing new
 5266  construction and equipment, renovation, remodeling of
 5267  educational facilities, or the acquisition and renovation or
 5268  remodeling of improved real property for use as educational
 5269  facilities. The fee shall be collected as a component part of
 5270  the tuition and fees, paid into a separate account, and expended
 5271  only to acquire improved real property or construct and equip,
 5272  maintain, improve, or enhance the educational facilities of the
 5273  Florida Community College System institution. Projects and
 5274  acquisitions of improved real property funded through the use of
 5275  the capital improvement fee shall meet the survey and
 5276  construction requirements of chapter 1013. Pursuant to s.
 5277  216.0158, each Florida Community College System institution
 5278  shall identify each project, including maintenance projects,
 5279  proposed to be funded in whole or in part by such fee.
 5280         (b) Capital improvement fee revenues may be pledged by a
 5281  board of trustees as a dedicated revenue source to the repayment
 5282  of debt, including lease-purchase agreements, with an overall
 5283  term of not more than 7 years, including renewals, extensions,
 5284  and refundings, and revenue bonds with a term not exceeding 20
 5285  annual maturities and not exceeding the useful life of the asset
 5286  being financed, only for financing or refinancing of the new
 5287  construction and equipment, renovation, or remodeling of
 5288  educational facilities. Bonds authorized pursuant to this
 5289  subsection shall be requested by the Florida Community College
 5290  System institution board of trustees and shall be issued by the
 5291  Division of Bond Finance in compliance with s. 11(d), Art. VII
 5292  of the State Constitution and the State Bond Act. The Division
 5293  of Bond Finance may pledge fees collected by one or more Florida
 5294  Community College System institutions to secure such bonds. Any
 5295  project included in the approved educational plant survey
 5296  pursuant to chapter 1013 is approved pursuant to s. 11(f), Art.
 5297  VII of the State Constitution.
 5298         (c) Bonds issued pursuant to this subsection may be
 5299  validated in the manner provided by chapter 75. Only the initial
 5300  series of bonds is required to be validated. The complaint for
 5301  such validation shall be filed in the circuit court of the
 5302  county where the seat of state government is situated, the
 5303  notice required to be published by s. 75.06 shall be published
 5304  only in the county where the complaint is filed, and the
 5305  complaint and order of the circuit court shall be served only on
 5306  the state attorney of the circuit in which the action is
 5307  pending.
 5308         (d) A maximum of 15 percent may be allocated from the
 5309  capital improvement fee for child care centers conducted by the
 5310  Florida Community College System institution. The use of capital
 5311  improvement fees for such purpose shall be subordinate to the
 5312  payment of any bonds secured by the fees.
 5313         (e) The state does hereby covenant with the holders of the
 5314  bonds issued under this subsection that it will not take any
 5315  action that will materially and adversely affect the rights of
 5316  such holders so long as the bonds authorized by this subsection
 5317  are outstanding.
 5318         (12)(a) In addition to tuition, out-of-state, financial
 5319  aid, capital improvement, student activity and service, and
 5320  technology fees authorized in this section, each Florida
 5321  Community College System institution board of trustees is
 5322  authorized to establish fee schedules for the following user
 5323  fees and fines: laboratory fees, which do not apply to a
 5324  distance learning course; parking fees and fines; library fees
 5325  and fines; fees and fines relating to facilities and equipment
 5326  use or damage; access or identification card fees; duplicating,
 5327  photocopying, binding, or microfilming fees; standardized
 5328  testing fees; diploma replacement fees; transcript fees;
 5329  application fees; graduation fees; and late fees related to
 5330  registration and payment. Such user fees and fines shall not
 5331  exceed the cost of the services provided and shall only be
 5332  charged to persons receiving the service. A Florida Community
 5333  College System institution may not charge any fee except as
 5334  authorized by law. Parking fee revenues may be pledged by a
 5335  Florida Community College System institution board of trustees
 5336  as a dedicated revenue source for the repayment of debt,
 5337  including lease-purchase agreements, with an overall term of not
 5338  more than 7 years, including renewals, extensions, and
 5339  refundings, and revenue bonds with a term not exceeding 20 years
 5340  and not exceeding the useful life of the asset being financed.
 5341  Florida Community College System institutions shall use the
 5342  services of the Division of Bond Finance of the State Board of
 5343  Administration to issue any revenue bonds authorized by this
 5344  subsection. Any such bonds issued by the Division of Bond
 5345  Finance shall be in compliance with the provisions of the State
 5346  Bond Act. Bonds issued pursuant to the State Bond Act may be
 5347  validated in the manner established in chapter 75. The complaint
 5348  for such validation shall be filed in the circuit court of the
 5349  county where the seat of state government is situated, the
 5350  notice required to be published by s. 75.06 shall be published
 5351  only in the county where the complaint is filed, and the
 5352  complaint and order of the circuit court shall be served only on
 5353  the state attorney of the circuit in which the action is
 5354  pending.
 5355         (b) The State Board of Community Colleges Education may
 5356  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
 5357  this subsection.
 5358         (13) The State Board of Community Colleges Education shall
 5359  specify, as necessary, by rule, approved methods of student fee
 5360  payment. Such methods shall include, but not be limited to,
 5361  student fee payment; payment through federal, state, or
 5362  institutional financial aid; and employer fee payments.
 5363         (14) Each Florida Community College System institution
 5364  board of trustees shall report only those students who have
 5365  actually enrolled in instruction provided or supervised by
 5366  instructional personnel under contract with the Florida
 5367  Community College System institution in calculations of actual
 5368  full-time equivalent enrollments for state funding purposes. No
 5369  student who has been exempted from taking a course or who has
 5370  been granted academic or career credit through means other than
 5371  actual coursework completed at the granting institution shall be
 5372  calculated for enrollment in the course from which he or she has
 5373  been exempted or granted credit. Florida Community College
 5374  System institutions that report enrollments in violation of this
 5375  subsection shall be penalized at a rate equal to two times the
 5376  value of such enrollments. Such penalty shall be charged against
 5377  the following year’s allocation from the Florida Community
 5378  College System Program Fund and shall revert to the General
 5379  Revenue Fund.
 5380         (15) Each Florida Community College System institution may
 5381  assess a service charge for the payment of tuition and fees in
 5382  installments and a convenience fee for the processing of
 5383  automated or online credit card payments. However, the amount of
 5384  the convenience fee may not exceed the total cost charged by the
 5385  credit card company to the Florida Community College System
 5386  institution. Such service charge or convenience fee must be
 5387  approved by the Florida Community College System institution
 5388  board of trustees.
 5389         (16)(a) Each Florida Community College System institution
 5390  may assess a student who enrolls in a course listed in the
 5391  distance learning catalog, established pursuant to s. 1006.735,
 5392  a per-credit-hour distance learning course user fee. For
 5393  purposes of assessing this fee, a distance learning course is a
 5394  course in which at least 80 percent of the direct instruction of
 5395  the course is delivered using some form of technology when the
 5396  student and instructor are separated by time or space, or both.
 5397         (b) The amount of the distance learning course user fee may
 5398  not exceed the additional costs of the services provided which
 5399  are attributable to the development and delivery of the distance
 5400  learning course. If a Florida Community College System
 5401  institution assesses the distance learning course user fee, the
 5402  institution may not assess any other fees to cover the
 5403  additional costs. By September 1 of each year, each board of
 5404  trustees shall report to the State Board of Community Colleges
 5405  Division of Florida Colleges the total amount of revenue
 5406  generated by the distance learning course user fee for the prior
 5407  fiscal year and how the revenue was expended.
 5408         (c) If an institution assesses the distance learning fee,
 5409  the institution must provide a link to the catalog within the
 5410  advising and distance learning sections of the institution’s
 5411  website, using a graphic and description provided by the
 5412  Complete Florida Plus Program, to inform students of the
 5413  catalog.
 5414         (17) Each Florida Community College System institution that
 5415  accepts transient students, pursuant to s. 1006.735, may
 5416  establish a transient student fee not to exceed $5 per course
 5417  for processing the transient student admissions application.
 5418         (18)(a) The Board of Trustees of Santa Fe College may
 5419  establish a transportation access fee. Revenue from the fee may
 5420  be used only to provide or improve access to transportation
 5421  services for students enrolled at Santa Fe College. The fee may
 5422  not exceed $6 per credit hour. An increase in the transportation
 5423  access fee may occur only once each fiscal year and must be
 5424  implemented beginning with the fall term. A referendum must be
 5425  held by the student government to approve the application of the
 5426  fee.
 5427         (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536,
 5428  the transportation access fee authorized under paragraph (a) may
 5429  not be included in calculating the amount a student receives for
 5430  a Florida Academic Scholars award, a Florida Medallion Scholars
 5431  award, or a Florida Gold Seal Vocational Scholars award.
 5432         (19) The State Board of Community Colleges Education shall
 5433  adopt a rule specifying the definitions and procedures to be
 5434  used in the calculation of the percentage of cost paid by
 5435  students. The rule must provide for the calculation of the full
 5436  cost of educational programs based on the allocation of all
 5437  funds provided through the general current fund to programs of
 5438  instruction, and other activities as provided in the annual
 5439  expenditure analysis. The rule shall be developed in
 5440  consultation with the Legislature.
 5441         (20) Each Florida Community College System institution
 5442  shall publicly notice and notify all enrolled students of any
 5443  proposal to increase tuition or fees at least 28 days before its
 5444  consideration at a board of trustees meeting. The notice must:
 5445         (a) Include the date and time of the meeting at which the
 5446  proposal will be considered.
 5447         (b) Specifically outline the details of existing tuition
 5448  and fees, the rationale for the proposed increase, and how the
 5449  funds from the proposed increase will be used.
 5450         (c) Be posted on the institution’s website and issued in a
 5451  press release.
 5452         Section 79. Subsection (2) of section 1009.25, Florida
 5453  Statutes, is amended to read:
 5454         1009.25 Fee exemptions.—
 5455         (2) Each Florida Community College System institution is
 5456  authorized to grant student fee exemptions from all fees adopted
 5457  by the State Board of Community Colleges Education and the
 5458  Florida Community College System institution board of trustees
 5459  for up to 54 full-time equivalent students or 1 percent of the
 5460  institution’s total full-time equivalent enrollment, whichever
 5461  is greater, at each institution.
 5462         Section 80. Paragraph (b) of subsection (12), paragraphs
 5463  (c) and (d) of subsection (13), and paragraph (d) of subsection
 5464  (14) of section 1009.26, Florida Statutes, are amended, to read:
 5465         1009.26 Fee waivers.—
 5466         (12) 
 5467         (b) Tuition and fees charged to a student who qualifies for
 5468  the out-of-state fee waiver under this subsection may not exceed
 5469  the tuition and fees charged to a resident student. The waiver
 5470  is applicable for 110 percent of the required credit hours of
 5471  the degree or certificate program for which the student is
 5472  enrolled. Each state university, Florida Community College
 5473  System institution, career center operated by a school district
 5474  under s. 1001.44, and charter technical career center shall
 5475  report to the Board of Governors, the State Board of Community
 5476  Colleges, and the State Board of Education, respectively, the
 5477  number and value of all fee waivers granted annually under this
 5478  subsection. By October 1 of each year, the Board of Governors,
 5479  for the state universities; and the State Board of Community
 5480  Colleges, Education for Florida Community College System
 5481  institutions;, career centers operated by a school district
 5482  under s. 1001.44;, and charter technical career centers shall
 5483  annually report for the previous academic year the percentage of
 5484  resident and nonresident students enrolled systemwide.
 5485         (13) 
 5486         (c) Each state university, Florida Community College System
 5487  institution, career center operated by a school district under
 5488  s. 1001.44, and charter technical career center shall report to
 5489  the Board of Governors, the State Board of Community, and the
 5490  State Board of Education, respectively, the number and value of
 5491  all fee waivers granted annually under this subsection.
 5492         (d) The Board of Governors, the State Board of Community
 5493  Colleges, and the State Board of Education shall respectively
 5494  adopt regulations and rules to administer this subsection.
 5495         (14)
 5496         (d) The Board of Governors, the State Board of Community
 5497  Colleges, and the State Board of Education shall respectively
 5498  adopt regulations and rules to administer this subsection.
 5499         Section 81. Section 1009.28, Florida Statutes, is amended
 5500  to read:
 5501         1009.28 Fees for repeated enrollment in developmental
 5502  education classes.—A student enrolled in the same developmental
 5503  education class more than twice shall pay 100 percent of the
 5504  full cost of instruction to support continuous enrollment of
 5505  that student in the same class, and the student shall not be
 5506  included in calculations of full-time equivalent enrollments for
 5507  state funding purposes; however, students who withdraw or fail a
 5508  class due to extenuating circumstances may be granted an
 5509  exception only once for each class, provided approval is granted
 5510  according to policy established by the board of trustees. Each
 5511  Florida Community College System institution may review and
 5512  reduce fees paid by students due to continued enrollment in a
 5513  developmental education class on an individual basis contingent
 5514  upon the student’s financial hardship, pursuant to definitions
 5515  and fee levels established by the State Board of Community
 5516  Colleges Education.
 5517         Section 82. Subsections (9) and (12) of section 1009.90,
 5518  Florida Statutes, are amended to read:
 5519         1009.90 Duties of the Department of Education.—The duties
 5520  of the department shall include:
 5521         (9) Development and submission of a report, annually, to
 5522  the State Board of Education, the Board of Governors, the State
 5523  Board of Community Colleges, the President of the Senate, and
 5524  the Speaker of the House of Representatives, which shall
 5525  include, but not be limited to, recommendations for the
 5526  distribution of state financial aid funds.
 5527         (12) Calculation of the amount of need-based student
 5528  financial aid required to offset fee increases recommended by
 5529  the State Board of Education, and the Board of Governors, and
 5530  the State Board of Community Colleges, and inclusion of such
 5531  amount within the legislative budget request for student
 5532  assistance grant programs.
 5533         Section 83. Subsection (4) of section 1009.91, Florida
 5534  Statutes, is amended to read:
 5535         1009.91 Assistance programs and activities of the
 5536  department.—
 5537         (4) The department shall maintain records on the student
 5538  loan default rate of each Florida postsecondary institution and
 5539  report that information annually to both the institution and the
 5540  State Board of Education. Information relating to state
 5541  universities shall also be reported annually to the Board of
 5542  Governors. Information relating to Florida Community College
 5543  System institutions shall be reported annually to the State
 5544  Board of Community Colleges.
 5545         Section 84. Subsection (2) of section 1009.971, Florida
 5546  Statutes, is amended to read:
 5547         1009.971 Florida Prepaid College Board.—
 5548         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 5549  shall consist of seven members to be composed of the Attorney
 5550  General, the Chief Financial Officer, the Chancellor of the
 5551  State University System, the Chancellor of the Florida Community
 5552  College System Division of Florida Colleges, and three members
 5553  appointed by the Governor and subject to confirmation by the
 5554  Senate. Each member appointed by the Governor shall possess
 5555  knowledge, skill, and experience in the areas of accounting,
 5556  actuary, risk management, or investment management. Each member
 5557  of the board not appointed by the Governor may name a designee
 5558  to serve on the board on behalf of the member; however, any
 5559  designee so named shall meet the qualifications required of
 5560  gubernatorial appointees to the board. Members appointed by the
 5561  Governor shall serve terms of 3 years. Any person appointed to
 5562  fill a vacancy on the board shall be appointed in a like manner
 5563  and shall serve for only the unexpired term. Any member shall be
 5564  eligible for reappointment and shall serve until a successor
 5565  qualifies. Members of the board shall serve without compensation
 5566  but shall be reimbursed for per diem and travel in accordance
 5567  with s. 112.061. Each member of the board shall file a full and
 5568  public disclosure of his or her financial interests pursuant to
 5569  s. 8, Art. II of the State Constitution and corresponding
 5570  statute.
 5571         Section 85. Section 1010.01, Florida Statutes, is amended
 5572  to read:
 5573         1010.01 Uniform records and accounts.—
 5574         (1)(a) The financial records and accounts of each school
 5575  district, Florida College System institution, and other
 5576  institution or agency under the supervision of the State Board
 5577  of Education shall be prepared and maintained as prescribed by
 5578  law and rules of the State Board of Education.
 5579         (b) The financial records and accounts of each state
 5580  university under the supervision of the Board of Governors shall
 5581  be prepared and maintained as prescribed by law and rules of the
 5582  Board of Governors.
 5583         (c) The financial records and accounts of each Florida
 5584  Community College System institution under the supervision of
 5585  the State Board of Community Colleges shall be prepared and
 5586  maintained as prescribed by law and rules of the State Board of
 5587  Community Colleges.
 5588         (2) Rules of the State Board of Education, and rules of the
 5589  Board of Governors, and the State Board of Community Colleges
 5590  shall incorporate the requirements of law and accounting
 5591  principles generally accepted in the United States. Such rules
 5592  shall include a uniform classification of accounts.
 5593         (3) Each state university shall annually file with the
 5594  Board of Governors financial statements prepared in conformity
 5595  with accounting principles generally accepted by the United
 5596  States and the uniform classification of accounts prescribed by
 5597  the Board of Governors. The Board of Governors’ rules shall
 5598  prescribe the filing deadline for the financial statements.
 5599         (4) Required financial accounts and reports shall include
 5600  provisions that are unique to each of the following: K-12 school
 5601  districts, Florida Community College System institutions, and
 5602  state universities, and shall provide for the data to be
 5603  reported to the National Center of Educational Statistics and
 5604  other governmental and professional educational data information
 5605  services as appropriate.
 5606         (5) Each Florida Community College System institution shall
 5607  annually file with the State Board of Community Colleges
 5608  financial statements prepared in conformity with accounting
 5609  principles generally accepted by the United States and the
 5610  uniform classification of accounts prescribed by the State Board
 5611  of Community Colleges. The State Board of Community Colleges’
 5612  rules shall prescribe the filing deadline for the financial
 5613  statements.
 5614         Section 86. Subsection (1) of section 1010.02, Florida
 5615  Statutes, is amended, and subsection (3) is added to that
 5616  section, to read:
 5617         1010.02 Financial accounting and expenditures.—
 5618         (1) All funds accruing to a school district or a Florida
 5619  College System institution must be received, accounted for, and
 5620  expended in accordance with law and rules of the State Board of
 5621  Education.
 5622         (3) All funds accruing to a Florida Community College
 5623  System institution must be received, accounted for, and expended
 5624  in accordance with law and rules of the State Board of Community
 5625  Colleges.
 5626         Section 87. Section 1010.04, Florida Statutes, is amended
 5627  to read:
 5628         1010.04 Purchasing.—
 5629         (1)(a) Purchases and leases by school districts must and
 5630  Florida College System institutions shall comply with the
 5631  requirements of law and rules of the State Board of Education.
 5632         (b) Before purchasing nonacademic commodities and
 5633  contractual services, each district school board and Florida
 5634  Community College System institution board of trustees shall
 5635  review the purchasing agreements and state term contracts
 5636  available under s. 287.056 to determine whether it is in the
 5637  school board’s or the board of trustees’ economic advantage to
 5638  use the agreements and contracts. Each bid specification for
 5639  nonacademic commodities and contractual services must include a
 5640  statement indicating that the purchasing agreements and state
 5641  term contracts available under s. 287.056 have been reviewed.
 5642  Each district school board may also use the cooperative state
 5643  purchasing programs managed through the regional consortium
 5644  service organizations pursuant to their authority under s.
 5645  1001.451(3). This paragraph does not apply to services that are
 5646  eligible for reimbursement under the federal E-rate program
 5647  administered by the Universal Service Administrative Company.
 5648         (c) Purchases and leases by state universities must shall
 5649  comply with the requirements of law and regulations of the Board
 5650  of Governors.
 5651         (d) Purchases and leases by Florida Community College
 5652  System institutions must comply with the requirements of law and
 5653  rules of the State Board of Community Colleges.
 5654         (2) Each district school board and Florida Community
 5655  College System institution board of trustees shall adopt rules,
 5656  and each university board of trustees shall adopt regulations,
 5657  to be followed in making purchases. Purchases may be made
 5658  through an online procurement system, an electronic auction
 5659  service, or other efficient procurement tool.
 5660         (3) In districts in which the county purchasing agent is
 5661  authorized by law to make purchases for the benefit of other
 5662  governmental agencies within the county, the district school
 5663  board and Florida Community College System institution board of
 5664  trustees shall have the option to purchase from the current
 5665  county contracts at the unit price stated therein if such
 5666  purchase is to the economic advantage of the district school
 5667  board or the Florida Community College System institution board
 5668  of trustees; subject to confirmation of the items of purchase to
 5669  the standards and specifications prescribed by the school
 5670  district or Florida Community College System institution.
 5671         (4)(a) The State Board of Education may, by rule, provide
 5672  for alternative procedures for school districts and Florida
 5673  College System institutions for bidding or purchasing in cases
 5674  in which the character of the item requested renders competitive
 5675  bidding impractical.
 5676         (b) The Board of Governors may, by regulation, provide for
 5677  alternative procedures for state universities for bidding or
 5678  purchasing in cases in which the character of the item requested
 5679  renders competitive bidding impractical.
 5680         (c) The State Board of Community Colleges may, by rule,
 5681  provide for alternative procedures for Florida Community College
 5682  System institutions for bidding or purchasing in cases in which
 5683  the character of the item requested renders competitive bidding
 5684  impractical.
 5685         Section 88. Section 1010.07, Florida Statutes, is amended
 5686  to read:
 5687         1010.07 Bonds or insurance required.—
 5688         (1) Each district school board, Florida Community College
 5689  System institution board of trustees, and university board of
 5690  trustees shall ensure that each official and employee
 5691  responsible for handling, expending, or authorizing the
 5692  expenditure of funds shall be appropriately bonded or insured to
 5693  protect the board and the funds involved.
 5694         (2)(a) Contractors paid from school district or Florida
 5695  College System institution funds shall give bond for the
 5696  faithful performance of their contracts in such amount and for
 5697  such purposes as prescribed by s. 255.05 or by rules of the
 5698  State Board of Education relating to the type of contract
 5699  involved. It shall be the duty of the district school board or
 5700  Florida College System institution board of trustees to require
 5701  from construction contractors a bond adequate to protect the
 5702  board and the board’s funds involved.
 5703         (b) Contractors paid from university funds shall give bond
 5704  for the faithful performance of their contracts in such amount
 5705  and for such purposes as prescribed by s. 255.05 or by
 5706  regulations of the Board of Governors relating to the type of
 5707  contract involved. It shall be the duty of the university board
 5708  of trustees to require from construction contractors a bond
 5709  adequate to protect the board and the board’s funds involved.
 5710         (c)Contractors paid from Florida Community College System
 5711  institution funds shall give bonds for the faithful performance
 5712  of their contracts in such amount and for such purposes as
 5713  prescribed by s. 255.05 or by rules of the State Board of
 5714  Community Colleges relating to the type of contract involved. It
 5715  is the duty of the Florida Community College System institution
 5716  board of trustees to require construction contractors to provide
 5717  a bond adequate to protect the board and the board’s funds
 5718  involved.
 5719         Section 89. Section 1010.08, Florida Statutes, is amended
 5720  to read:
 5721         1010.08 Promotion and public relations; funding.—
 5722         (1) Each district school board and Florida College System
 5723  institution board of trustees may budget and use a portion of
 5724  the funds accruing to it from auxiliary enterprises and
 5725  undesignated gifts for promotion and public relations as
 5726  prescribed by rules of the State Board of Education. Such funds
 5727  may be used to provide hospitality to business guests in the
 5728  district or elsewhere. However, such hospitality expenses may
 5729  not exceed the amount authorized for such contingency funds as
 5730  prescribed by rules of the State Board of Education.
 5731         (2) Each Florida Community College System institution board
 5732  of trustees may budget and use a portion of the funds accruing
 5733  to it from auxiliary enterprises and undesignated gifts for
 5734  promotion and public relations as prescribed by rules of the
 5735  State Board of Community Colleges. Such funds may be used to
 5736  provide hospitality to business guests in the district or
 5737  elsewhere. However, such hospitality expenses may not exceed the
 5738  amount authorized for such contingency funds as prescribed by
 5739  rules of the State Board of Community Colleges.
 5740         Section 90. Subsection (1) of section 1010.09, Florida
 5741  Statutes, is amended and subsection (3) is added to that
 5742  section, to read:
 5743         1010.09 Direct-support organizations.—
 5744         (1) School district and Florida College System institution
 5745  direct-support organizations shall be organized and conducted
 5746  under the provisions of ss. 1001.453 and 1004.70 and rules of
 5747  the State Board of Education, as applicable.
 5748         (3) Florida Community College System institution direct
 5749  support organizations shall be organized and conducted under the
 5750  provisions of s. 1004.70 and rules of the State Board of
 5751  Community Colleges.
 5752         Section 91. Section 1010.22, Florida Statutes, is amended
 5753  to read:
 5754         1010.22 Cost accounting and reporting for workforce
 5755  education.—
 5756         (1)(a) Each school district and each Florida College System
 5757  institution shall account for expenditures of all state, local,
 5758  federal, and other funds in the manner prescribed by the State
 5759  Board of Education.
 5760         (b) Each Florida Community College System institution shall
 5761  account for expenditures of all state, local, federal, and other
 5762  funds in the manner prescribed by the State Board of Community
 5763  Colleges.
 5764         (2)(a) Each school district and each Florida College System
 5765  institution shall report expenditures for workforce education in
 5766  accordance with requirements prescribed by the State Board of
 5767  Education.
 5768         (b)Each Florida Community College System institution shall
 5769  report expenditures for workforce education in accordance with
 5770  requirements prescribed by the State Board of Community
 5771  Colleges.
 5772         (3) The Department of Education, in cooperation with school
 5773  districts and Florida Community College System institutions,
 5774  shall develop and maintain a database of valid comparable
 5775  information on workforce education which will meet both state
 5776  and local needs.
 5777         Section 92. Subsection (1) of section 1010.30, Florida
 5778  Statutes, is amended to read:
 5779         1010.30 Audits required.—
 5780         (1) School districts, Florida College System institutions,
 5781  and other institutions and agencies under the supervision of the
 5782  State Board of Education, Florida Community College System
 5783  institutions under the supervision of the State Board of
 5784  Community Colleges, and state universities under the supervision
 5785  of the Board of Governors are subject to the audit provisions of
 5786  ss. 11.45 and 218.39.
 5787         Section 93. Section 1010.58, Florida Statutes, is amended
 5788  to read:
 5789         1010.58 Procedure for determining number of instruction
 5790  units for Florida Community College System institutions.—The
 5791  number of instruction units for Florida Community College System
 5792  institutions shall be determined from the full-time equivalent
 5793  students in the Florida Community College System institution,
 5794  provided that full-time equivalent students may not be counted
 5795  more than once in determining instruction units. Instruction
 5796  units for Florida Community College System institutions shall be
 5797  computed as follows:
 5798         (1) One unit for each 12 full-time equivalent students at a
 5799  Florida Community College System institution for the first 420
 5800  students and one unit for each 15 full-time equivalent students
 5801  for all over 420 students, in other than career education
 5802  programs as defined by rules of the State Board of Community
 5803  Colleges Education, and one unit for each 10 full-time
 5804  equivalent students in career education programs and
 5805  compensatory education programs as defined by rules of the State
 5806  Board of Community Colleges Education. Full-time equivalent
 5807  students enrolled in a Florida Community College System
 5808  institution shall be defined by rules of the State Board of
 5809  Community Colleges Education.
 5810         (2) For each 8 instruction units in a Florida Community
 5811  College System institution, 1 instruction unit or proportionate
 5812  fraction of a unit shall be allowed for administrative and
 5813  special instructional services, and for each 20 instruction
 5814  units, 1 instruction unit or proportionate fraction of a unit
 5815  shall be allowed for student personnel services.
 5816         Section 94. Section 1011.01, Florida Statutes, is amended
 5817  to read:
 5818         1011.01 Budget system established.—
 5819         (1) The State Board of Education shall prepare and submit a
 5820  coordinated K-20 education annual legislative budget request to
 5821  the Governor and the Legislature on or before the date provided
 5822  by the Governor and the Legislature. The board’s legislative
 5823  budget request must clearly define the needs of school
 5824  districts, Florida Community College System institutions,
 5825  universities, other institutions, organizations, programs, and
 5826  activities under the supervision of the board and that are
 5827  assigned by law or the General Appropriations Act to the
 5828  Department of Education.
 5829         (2)(a) There is shall be established in each school
 5830  district and Florida College System institution a budget system
 5831  as prescribed by law and rules of the State Board of Education.
 5832         (b) There is shall be established in each state university
 5833  a budget system as prescribed by law and rules of the Board of
 5834  Governors.
 5835         (c) There is established in each Florida Community College
 5836  System institution a budget system as prescribed by law and
 5837  rules of the State Board of Community Colleges.
 5838         (3)(a) Each district school board and each Florida College
 5839  System institution board of trustees shall prepare, adopt, and
 5840  submit to the Commissioner of Education an annual operating
 5841  budget. Operating budgets must shall be prepared and submitted
 5842  in accordance with the provisions of law, rules of the State
 5843  Board of Education, the General Appropriations Act, and for
 5844  district school boards in accordance with the provisions of ss.
 5845  200.065 and 1011.64.
 5846         (b) Each state university board of trustees shall prepare,
 5847  adopt, and submit to the Chancellor of the State University
 5848  System for review an annual operating budget in accordance with
 5849  provisions of law, rules of the Board of Governors, and the
 5850  General Appropriations Act.
 5851         (c) Each Florida Community College System institution board
 5852  of trustees shall prepare, adopt, and submit to the State Board
 5853  of Community Colleges an annual operating budget in accordance
 5854  with provisions of law, rules of the State Board of Community
 5855  Colleges, and the General Appropriations Act.
 5856         (4) The State Board of Education shall coordinate with the
 5857  Board of Governors and the State Board of Community Colleges to
 5858  facilitate the budget system requirements of this section. The
 5859  State Board of Community College exclusively retains the review
 5860  and approval powers of this section for Florida Community
 5861  College System institutions. The Board of Governors exclusively
 5862  retains the review and approval powers of this section for state
 5863  universities.
 5864         Section 95. Section 1011.011, Florida Statutes, is amended
 5865  to read:
 5866         1011.011 Legislative capital outlay budget request.—The
 5867  State Board of Education shall submit an integrated,
 5868  comprehensive budget request for educational facilities
 5869  construction and fixed capital outlay needs for school
 5870  districts, and, in conjunction with the State Board of Community
 5871  Colleges for Florida Community College System institutions, and,
 5872  in conjunction with the Board of Governors for state,
 5873  universities, pursuant to this section and s. 1013.46 and
 5874  applicable provisions of chapter 216.
 5875         Section 96. Section 1011.30, Florida Statutes, is amended
 5876  to read:
 5877         1011.30 Budgets for Florida Community College System
 5878  institutions.—Each Florida Community College System institution
 5879  president shall recommend to the Florida Community College
 5880  System institution board of trustees a budget of income and
 5881  expenditures at such time and in such form as the State Board of
 5882  Community Colleges Education may prescribe. Upon approval of a
 5883  budget by the Florida Community College System institution board
 5884  of trustees, such budget must shall be transmitted to the State
 5885  Board of Community Colleges Department of Education for review.
 5886  Rules of the State Board of Community Colleges must Education
 5887  shall prescribe procedures for effecting budget amendments
 5888  subsequent to the final approval of a budget for a given year.
 5889         Section 97. Section 1011.32, Florida Statutes, is amended
 5890  to read:
 5891         1011.32 Florida Community College System Institution
 5892  Facility Enhancement Challenge Grant Program.—
 5893         (1) The Legislature recognizes that the Florida Community
 5894  College System institutions do not have sufficient physical
 5895  facilities to meet the current demands of their instructional
 5896  and community programs. It further recognizes that, to
 5897  strengthen and enhance Florida Community College System
 5898  institutions, it is necessary to provide facilities in addition
 5899  to those currently available from existing revenue sources. It
 5900  further recognizes that there are sources of private support
 5901  that, if matched with state support, can assist in constructing
 5902  much needed facilities and strengthen the commitment of citizens
 5903  and organizations in promoting excellence at each Florida
 5904  Community College System institution. Therefore, it is the
 5905  intent of the Legislature to establish a program to provide the
 5906  opportunity for each Florida Community College System
 5907  institution through its direct-support organization to receive
 5908  and match challenge grants for instructional and community
 5909  related capital facilities within the Florida Community College
 5910  System institution.
 5911         (2) There is established the Florida Community College
 5912  System Institution Facility Enhancement Challenge Grant Program
 5913  for the purpose of assisting the Florida Community College
 5914  System institutions in building high priority instructional and
 5915  community-related capital facilities consistent with s. 1004.65,
 5916  including common areas connecting such facilities. The direct
 5917  support organizations that serve the Florida Community College
 5918  System institutions shall solicit gifts from private sources to
 5919  provide matching funds for capital facilities. For the purposes
 5920  of this section, private sources of funds shall not include any
 5921  federal or state government funds that a Florida Community
 5922  College System institution may receive.
 5923         (3) The Florida Community College System Institution
 5924  Capital Facilities Matching Program shall provide funds to match
 5925  private contributions for the development of high priority
 5926  instructional and community-related capital facilities,
 5927  including common areas connecting such facilities, within the
 5928  Florida Community College System institutions.
 5929         (4) Within the direct-support organization of each Florida
 5930  Community College System institution there must be established a
 5931  separate capital facilities matching account for the purpose of
 5932  providing matching funds from the direct-support organization’s
 5933  unrestricted donations or other private contributions for the
 5934  development of high priority instructional and community-related
 5935  capital facilities, including common areas connecting such
 5936  facilities. The Legislature shall appropriate funds for
 5937  distribution to a Florida Community College System institution
 5938  after matching funds are certified by the direct-support
 5939  organization and Florida Community College System institution.
 5940  The Public Education Capital Outlay and Debt Service Trust Fund
 5941  shall not be used as the source of the state match for private
 5942  contributions.
 5943         (5) A project may not be initiated unless all private funds
 5944  for planning, construction, and equipping the facility have been
 5945  received and deposited in the direct-support organization’s
 5946  matching account for this purpose. However, this requirement
 5947  does not preclude the Florida Community College System
 5948  institution or direct-support organization from expending
 5949  available funds from private sources to develop a prospectus,
 5950  including preliminary architectural schematics or models, for
 5951  use in its efforts to raise private funds for a facility and for
 5952  site preparation, planning, and construction. The Legislature
 5953  may appropriate the state’s matching funds in one or more fiscal
 5954  years for the planning, construction, and equipping of an
 5955  eligible facility. Each Florida Community College System
 5956  institution shall notify all donors of private funds of a
 5957  substantial delay in the availability of state matching funds
 5958  for this program.
 5959         (6) To be eligible to participate in the Florida Community
 5960  College System Institution Facility Enhancement Challenge Grant
 5961  Program, a Florida Community College System institution, through
 5962  its direct-support organization, shall raise a contribution
 5963  equal to one-half of the total cost of a facilities construction
 5964  project from private sources which shall be matched by a state
 5965  appropriation equal to the amount raised for a facilities
 5966  construction project, subject to the General Appropriations Act.
 5967         (7) If the state’s share of the required match is
 5968  insufficient to meet the requirements of subsection (6), the
 5969  Florida Community College System institution shall renegotiate
 5970  the terms of the contribution with the donors. If the project is
 5971  terminated, each private donation, plus accrued interest,
 5972  reverts to the direct-support organization for remittance to the
 5973  donor.
 5974         (8) By October 15 of each year, the State Board of
 5975  Community Colleges Education shall transmit to the Governor and
 5976  the Legislature a list of projects that meet all eligibility
 5977  requirements to participate in the Florida Community College
 5978  System Institution Facility Enhancement Challenge Grant Program
 5979  and a budget request that includes the recommended schedule
 5980  necessary to complete each project.
 5981         (9) In order for a project to be eligible under this
 5982  program, it must be survey recommended under the provisions of
 5983  s. 1013.31 and included in the Florida Community College System
 5984  institution’s 5-year capital improvement plan, and it must
 5985  receive approval from the State Board of Community Colleges
 5986  Education or the Legislature.
 5987         (10) A Florida Community College System institution project
 5988  may not be removed from the approved 3-year PECO priority list
 5989  because of its successful participation in this program until
 5990  approved by the Legislature and provided for in the General
 5991  Appropriations Act. When such a project is completed and removed
 5992  from the list, all other projects shall move up on the 3-year
 5993  PECO priority list.
 5994         (11) Any private matching funds for a project which are
 5995  unexpended after the project is completed shall revert to the
 5996  Florida Community College System institution’s direct-support
 5997  organization capital facilities matching account. The balance of
 5998  any unexpended state matching funds shall be returned to the
 5999  fund from which those funds were appropriated.
 6000         (12) The surveys, architectural plans, facility, and
 6001  equipment shall be the property of the participating Florida
 6002  Community College System institution. A facility constructed
 6003  under this section may be named in honor of a donor at the
 6004  option of the Florida Community College System institution
 6005  district board of trustees. A facility may not be named after a
 6006  living person without prior approval by the State Board of
 6007  Community Colleges Education.
 6008         (13) Effective July 1, 2011, state matching funds are
 6009  temporarily suspended for donations received for the program on
 6010  or after June 30, 2011. Existing eligible donations remain
 6011  eligible for future matching funds. The program may be restarted
 6012  after $200 million of the backlog for programs under this
 6013  section and ss. 1011.85, 1011.94, and 1013.79 have been matched.
 6014         Section 98. Subsection (2), paragraph (b) of subsection
 6015  (5), and subsections (8), (9), and (11) of section 1011.80,
 6016  Florida Statutes, are amended to read:
 6017         1011.80 Funds for operation of workforce education
 6018  programs.—
 6019         (2) Any workforce education program may be conducted by a
 6020  Florida Community College System institution or a school
 6021  district, except that college credit in an associate in applied
 6022  science or an associate in science degree may be awarded only by
 6023  a Florida Community College System institution. However, if an
 6024  associate in applied science or an associate in science degree
 6025  program contains within it an occupational completion point that
 6026  confers a certificate or an applied technology diploma, that
 6027  portion of the program may be conducted by a school district
 6028  career center. Any instruction designed to articulate to a
 6029  degree program is subject to guidelines and standards adopted by
 6030  the State Board of Community Colleges Education pursuant to s.
 6031  1007.25.
 6032         (5) State funding and student fees for workforce education
 6033  instruction shall be established as follows:
 6034         (b) For all other workforce education programs, state
 6035  funding shall equal 75 percent of the average cost of
 6036  instruction with the remaining 25 percent made up from student
 6037  fees. Fees for courses within a program shall not vary according
 6038  to the cost of the individual program, but instead shall be
 6039  based on a uniform fee calculated and set at the state level, as
 6040  adopted by the State Board of Education, for school districts
 6041  and the State Board of Community Colleges, for Florida Community
 6042  College System institutions, unless otherwise specified in the
 6043  General Appropriations Act.
 6044         (8) The State Board of Education, the State Board of
 6045  Community Colleges, and CareerSource Florida, Inc., shall
 6046  provide the Legislature with recommended formulas, criteria,
 6047  timeframes, and mechanisms for distributing performance funds.
 6048  The commissioner shall consolidate the recommendations and
 6049  develop a consensus proposal for funding. The Legislature shall
 6050  adopt a formula and distribute the performance funds to the
 6051  State Board of Community Colleges Education for Florida
 6052  Community College System institutions and to the State Board of
 6053  Education for school districts through the General
 6054  Appropriations Act. These recommendations shall be based on
 6055  formulas that would discourage low-performing or low-demand
 6056  programs and encourage through performance-funding awards:
 6057         (a) Programs that prepare people to enter high-wage
 6058  occupations identified by the Workforce Estimating Conference
 6059  created by s. 216.136 and other programs as approved by
 6060  CareerSource Florida, Inc. At a minimum, performance incentives
 6061  shall be calculated for adults who reach completion points or
 6062  complete programs that lead to specified high-wage employment
 6063  and to their placement in that employment.
 6064         (b) Programs that successfully prepare adults who are
 6065  eligible for public assistance, economically disadvantaged,
 6066  disabled, not proficient in English, or dislocated workers for
 6067  high-wage occupations. At a minimum, performance incentives
 6068  shall be calculated at an enhanced value for the completion of
 6069  adults identified in this paragraph and job placement of such
 6070  adults upon completion. In addition, adjustments may be made in
 6071  payments for job placements for areas of high unemployment.
 6072         (c) Programs that are specifically designed to be
 6073  consistent with the workforce needs of private enterprise and
 6074  regional economic development strategies, as defined in
 6075  guidelines set by CareerSource Florida, Inc. CareerSource
 6076  Florida, Inc., shall develop guidelines to identify such needs
 6077  and strategies based on localized research of private employers
 6078  and economic development practitioners.
 6079         (d) Programs identified by CareerSource Florida, Inc., as
 6080  increasing the effectiveness and cost efficiency of education.
 6081         (9) School districts shall report full-time equivalent
 6082  students by discipline category for the programs specified in
 6083  subsection (1). There shall be an annual cost analysis for the
 6084  school district workforce education programs that reports cost
 6085  by discipline category consistent with the reporting for full
 6086  time equivalent students. The annual financial reports submitted
 6087  by the school districts must accurately report on the student
 6088  fee revenues by fee type according to the programs specified in
 6089  subsection (1). The Department of Education and the State Board
 6090  of Community Colleges shall develop a plan for comparable
 6091  reporting of program, student, facility, personnel, and
 6092  financial data between the Florida Community College System
 6093  institutions and the school district workforce education
 6094  programs.
 6095         (11) The State Board of Education and the State Board of
 6096  Community Colleges may adopt rules to administer this section.
 6097         Section 99. Section 1011.801, Florida Statutes, is amended
 6098  to read:
 6099         1011.801 Workforce Development Capitalization Incentive
 6100  Grant Program.—The Legislature recognizes that the need for
 6101  school districts and Florida Community College System
 6102  institutions to be able to respond to emerging local or
 6103  statewide economic development needs is critical to the
 6104  workforce development system. The Workforce Development
 6105  Capitalization Incentive Grant Program is created to provide
 6106  grants to school districts and Florida Community College System
 6107  institutions on a competitive basis to fund some or all of the
 6108  costs associated with the creation or expansion of workforce
 6109  development programs that serve specific employment workforce
 6110  needs.
 6111         (1) Funds awarded for a workforce development
 6112  capitalization incentive grant may be used for instructional
 6113  equipment, laboratory equipment, supplies, personnel, student
 6114  services, or other expenses associated with the creation or
 6115  expansion of a workforce development program. Expansion of a
 6116  program may include either the expansion of enrollments in a
 6117  program or expansion into new areas of specialization within a
 6118  program. No grant funds may be used for recurring instructional
 6119  costs or for institutions’ indirect costs.
 6120         (2) The State Board of Education shall accept applications
 6121  from school districts, and the State Board of Community Colleges
 6122  shall accept applications from or Florida Community College
 6123  System institutions, for workforce development capitalization
 6124  incentive grants. Applications from school districts or Florida
 6125  Community College System institutions must shall contain
 6126  projected enrollments and projected costs for the new or
 6127  expanded workforce development program. The State Board of
 6128  Education or the State Board of Community Colleges, as
 6129  appropriate, in consultation with CareerSource Florida, Inc.,
 6130  shall review and rank each application for a grant according to
 6131  subsection (3) and shall submit to the Legislature a list in
 6132  priority order of applications recommended for a grant award.
 6133         (3) The State Board of Education or the State Board of
 6134  Community Colleges, as appropriate, shall give highest priority
 6135  to programs that train people to enter high-skill, high-wage
 6136  occupations identified by the Workforce Estimating Conference
 6137  and other programs approved by CareerSource Florida, Inc.;
 6138  programs that train people to enter occupations under the
 6139  welfare transition program; or programs that train for the
 6140  workforce adults who are eligible for public assistance,
 6141  economically disadvantaged, disabled, not proficient in English,
 6142  or dislocated workers. The State Board of Education or the State
 6143  Board of Community Colleges, as appropriate, shall consider the
 6144  statewide geographic dispersion of grant funds in ranking the
 6145  applications and shall give priority to applications from
 6146  education agencies that are making maximum use of their
 6147  workforce development funding by offering high-performing, high
 6148  demand programs.
 6149         Section 100. Section 1011.81, Florida Statutes, is amended
 6150  to read:
 6151         1011.81 Florida Community College System Program Fund.—
 6152         (1) There is established a Florida Community College System
 6153  Program Fund. This fund shall comprise all appropriations made
 6154  by the Legislature for the support of the current operating
 6155  program and shall be apportioned and distributed to the Florida
 6156  Community College System institution districts of the state on
 6157  the basis of procedures established by law and rules of the
 6158  State Board of Education. The annual apportionment for each
 6159  Florida Community College System institution district shall be
 6160  distributed monthly in payments as nearly equal as possible.
 6161         (2) Performance funding for industry certifications for
 6162  Florida Community College System institutions is contingent upon
 6163  specific appropriation in the General Appropriations Act and
 6164  shall be determined as follows:
 6165         (a) Occupational areas for which industry certifications
 6166  may be earned, as established in the General Appropriations Act,
 6167  are eligible for performance funding. Priority shall be given to
 6168  the occupational areas emphasized in state, national, or
 6169  corporate grants provided to Florida educational institutions.
 6170         (b) The Chancellor of the Florida Community College System,
 6171  for the Florida Community College System institutions, shall
 6172  identify the industry certifications eligible for funding on the
 6173  CAPE Postsecondary Industry Certification Funding List approved
 6174  by the State Board of Community Colleges Education pursuant to
 6175  s. 1008.44, based on the occupational areas specified in the
 6176  General Appropriations Act.
 6177         (c) Each Florida Community College System institution shall
 6178  be provided $1,000 for each industry certification earned by a
 6179  student. The maximum amount of funding appropriated for
 6180  performance funding pursuant to this subsection shall be limited
 6181  to $15 million annually. If funds are insufficient to fully fund
 6182  the calculated total award, such funds shall be prorated.
 6183         (3) None of the funds made available in the Florida
 6184  Community College System Program Fund, or funds made available
 6185  to Florida Community College System institutions outside the
 6186  Florida Community College System Program Fund, may be used to
 6187  implement, organize, direct, coordinate, or administer, or to
 6188  support the implementation, organization, direction,
 6189  coordination, or administration of, activities related to, or
 6190  involving, travel to a terrorist state. For purposes of this
 6191  section, “terrorist state” is defined as any state, country, or
 6192  nation designated by the United States Department of State as a
 6193  state sponsor of terrorism.
 6194         (4) State funds provided for the Florida Community College
 6195  System Program Fund may not be expended for the education of
 6196  state or federal inmates.
 6197         Section 101. Section 1011.82, Florida Statutes, is amended
 6198  to read:
 6199         1011.82 Requirements for participation in Florida Community
 6200  College System Program Fund.—Each Florida Community College
 6201  System institution district which participates in the state
 6202  appropriations for the Florida Community College System Program
 6203  Fund shall provide evidence of its effort to maintain an
 6204  adequate Florida Community College System institution program
 6205  which shall:
 6206         (1) Meet the minimum standards prescribed by the State
 6207  Board of Community Colleges Education in accordance with s.
 6208  1001.602(5) s. 1001.02(6).
 6209         (2) Effectively fulfill the mission of the Florida
 6210  Community College System institutions in accordance with s.
 6211  1004.65.
 6212         Section 102. Section 1011.83, Florida Statutes, is amended
 6213  to read:
 6214         1011.83 Financial support of Florida Community College
 6215  System institutions.—
 6216         (1) Each Florida Community College System institution that
 6217  has been approved by the Department of Education and meets the
 6218  requirements of law and rules of the State Board of Community
 6219  Colleges Education shall participate in the Florida Community
 6220  College System Program Fund. However, funds to support workforce
 6221  education programs conducted by Florida Community College System
 6222  institutions shall be provided pursuant to s. 1011.80.
 6223         (2) A student in a baccalaureate degree program approved
 6224  pursuant to s. 1007.33 who is not classified as a resident for
 6225  tuition purposes pursuant to s. 1009.21 may not be included in
 6226  calculations of full-time equivalent enrollments for state
 6227  funding purposes.
 6228         Section 103. Section 1011.84, Florida Statutes, is amended
 6229  to read:
 6230         1011.84 Procedure for determining state financial support
 6231  and annual apportionment of state funds to each Florida
 6232  Community College System institution district.—The procedure for
 6233  determining state financial support and the annual apportionment
 6234  to each Florida Community College System institution district
 6235  authorized to operate a Florida Community College System
 6236  institution under the provisions of s. 1001.61 shall be as
 6237  follows:
 6238         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 6239  COMMUNITY COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING
 6240  PROGRAM.—
 6241         (a) The State Board of Community Colleges Department of
 6242  Education shall determine annually, from an analysis of
 6243  operating costs, prepared in the manner prescribed by rules of
 6244  the State Board of Education, the costs per full-time equivalent
 6245  student served in courses and fields of study offered in Florida
 6246  Community College System institutions. This information and
 6247  current college operating budgets shall be submitted to the
 6248  Executive Office of the Governor with the legislative budget
 6249  request prior to each regular session of the Legislature.
 6250         (b) The allocation of funds for Florida Community College
 6251  System institutions must shall be based on advanced and
 6252  professional disciplines, developmental education, and other
 6253  programs for adults funded pursuant to s. 1011.80.
 6254         (c) The category of lifelong learning is for students
 6255  enrolled pursuant to s. 1004.93. A student shall also be
 6256  reported as a lifelong learning student for his or her
 6257  enrollment in any course that he or she has previously taken,
 6258  unless it is a credit course in which the student earned a grade
 6259  of D or F.
 6260         (d) If an adult student has been determined to be a
 6261  disabled student eligible for an approved educational program
 6262  for disabled adults provided pursuant to s. 1004.93 and rules of
 6263  the State Board of Community Colleges Education and is enrolled
 6264  in a class with curriculum frameworks developed for the program,
 6265  state funding for that student shall be provided at a level
 6266  double that of a student enrolled in a special adult general
 6267  education program provided by a Florida Community College System
 6268  institution.
 6269         (e) All state inmate education provided by Florida
 6270  Community College System institutions shall be reported by
 6271  program, FTE expenditure, and revenue source. These enrollments,
 6272  expenditures, and revenues shall be reported and projected
 6273  separately. Instruction of state inmates may shall not be
 6274  included in the full-time equivalent student enrollment for
 6275  funding through the Florida Community College System Program
 6276  Fund.
 6277         (f) When a public educational institution has been fully
 6278  funded by an external agency for direct instructional costs of
 6279  any course or program, the FTE generated may shall not be
 6280  reported for state funding.
 6281         (g) The State Board of Education shall adopt rules to
 6282  implement s. 9(d)(8)f., Art. XII of the State Constitution.
 6283  These rules shall provide for the use of the funds available
 6284  under s. 9(d)(8)f., Art. XII by an individual Florida Community
 6285  College System institution for operating expense in any fiscal
 6286  year during which the State Board of Education has determined
 6287  that all major capital outlay needs have been met. Highest
 6288  priority for the use of these funds for purposes other than
 6289  financing approved capital outlay projects shall be for the
 6290  proper maintenance and repair of existing facilities for
 6291  projects approved by the State Board of Education. However, in
 6292  any fiscal year in which funds from this source are authorized
 6293  for operating expense other than approved maintenance and repair
 6294  projects, the allocation of Florida Community College System
 6295  institution program funds shall be reduced by an amount equal to
 6296  the sum used for such operating expense for that Florida
 6297  Community College System institution that year, and that amount
 6298  shall not be released or allocated among the other Florida
 6299  Community College System institutions that year.
 6300         (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
 6301  OUTLAY AND DEBT SERVICE.—The amount included for capital outlay
 6302  and debt service shall be as determined and provided in s. 18,
 6303  Art. XII of the State Constitution of 1885, as adopted by s.
 6304  9(d), Art. XII of the 1968 revised State Constitution and State
 6305  Board of Education rules.
 6306         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 6307         (a) By December 15 of each year, the State Board of
 6308  Community Colleges Department of Education shall estimate the
 6309  annual enrollment of each Florida Community College System
 6310  institution for the current fiscal year and for the 3 subsequent
 6311  fiscal years. These estimates shall be based upon prior years’
 6312  enrollments, upon the initial fall term enrollments for the
 6313  current fiscal year for each college, and upon each college’s
 6314  estimated current enrollment and demographic changes in the
 6315  respective Florida Community College System institution
 6316  districts. Upper-division enrollment shall be estimated
 6317  separately from lower-division enrollment.
 6318         (b) The apportionment to each Florida Community College
 6319  System institution from the Florida Community College System
 6320  Program Fund shall be determined annually in the General
 6321  Appropriations Act. In determining each college’s apportionment,
 6322  the Legislature shall consider the following components:
 6323         1. Base budget, which includes the state appropriation to
 6324  the Florida Community College System Program Fund in the current
 6325  year plus the related student tuition and out-of-state fees
 6326  assigned in the current General Appropriations Act.
 6327         2. The cost-to-continue allocation, which consists of
 6328  incremental changes to the base budget, including salaries,
 6329  price levels, and other related costs allocated through a
 6330  funding model approved by the Legislature which may recognize
 6331  differing economic factors arising from the individual
 6332  educational approaches of the various Florida Community College
 6333  System institutions, including, but not limited to:
 6334         a. Direct Instructional Funding, including class size,
 6335  faculty productivity factors, average faculty salary, ratio of
 6336  full-time to part-time faculty, costs of programs, and
 6337  enrollment factors.
 6338         b. Academic Support, including small colleges factor,
 6339  multicampus factor, and enrollment factor.
 6340         c. Student Services Support, including headcount of
 6341  students as well as FTE count and enrollment factors.
 6342         d. Library Support, including volume and other
 6343  materials/audiovisual requirements.
 6344         e. Special Projects.
 6345         f. Operations and Maintenance of Plant, including square
 6346  footage and utilization factors.
 6347         g. District Cost Differential.
 6348         3. Students enrolled in a recreation and leisure program
 6349  and students enrolled in a lifelong learning program who may not
 6350  be counted as full-time equivalent enrollments for purposes of
 6351  enrollment workload adjustments.
 6352         4. Operating costs of new facilities adjustments, which
 6353  shall be provided, from funds available, for each new facility
 6354  that is owned by the college and is recommended in accordance
 6355  with s. 1013.31.
 6356         5. New and improved program enhancements, which shall be
 6357  determined by the Legislature.
 6358  
 6359  Student fees in the base budget plus student fee revenues
 6360  generated by increases in fee rates shall be deducted from the
 6361  sum of the components determined in subparagraphs 1.-5. The
 6362  amount remaining shall be the net annual state apportionment to
 6363  each college.
 6364         (c) A No Florida Community College System institution may
 6365  not shall commit funds for the employment of personnel or
 6366  resources in excess of those required to continue the same level
 6367  of support for either the previously approved enrollment or the
 6368  revised enrollment, whichever is lower.
 6369         (d) The apportionment to each Florida Community College
 6370  System institution district for capital outlay and debt service
 6371  shall be the amount determined in accordance with subsection
 6372  (2). This amount, less any amount determined as necessary for
 6373  administrative expense by the State Board of Education and any
 6374  amount necessary for debt service on bonds issued by the State
 6375  Board of Education, shall be transmitted to the Florida
 6376  Community College System institution board of trustees to be
 6377  expended in a manner prescribed by rules of the State Board of
 6378  Education.
 6379         (e) If at any time the unencumbered balance in the general
 6380  fund of the Florida Community College System institution board
 6381  of trustees approved operating budget goes below 5 percent, the
 6382  president shall provide written notification to the State Board
 6383  of Education.
 6384         (f) Expenditures for apprenticeship programs must shall be
 6385  reported separately.
 6386         (g) Expenditures for upper-division enrollment in a Florida
 6387  Community College System institution that grants baccalaureate
 6388  degrees must shall be reported separately from expenditures for
 6389  lower-division enrollment, in accordance with law and State
 6390  Board of Education rule.
 6391         (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated
 6392  herein to any Florida Community College System institution must
 6393  shall be expended only for the purpose of supporting that
 6394  Florida Community College System institution.
 6395         (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida
 6396  Community College System institution board of trustees shall
 6397  report, as a separate item in its annual cost accounting system,
 6398  the volume and cost of developmental education options provided
 6399  to help students attain the communication and computation skills
 6400  that are essential for college-level work pursuant to s.
 6401  1008.30.
 6402         Section 104. Section 1011.85, Florida Statutes, is amended
 6403  to read:
 6404         1011.85 Dr. Philip Benjamin Matching Grant Program for
 6405  Florida Community College System Institutions.—
 6406         (1) There is created the Dr. Philip Benjamin Matching Grant
 6407  Program for Florida Community College System Institutions as a
 6408  single matching gifts program that encompasses the goals
 6409  originally set out in the Academic Improvement Program, the
 6410  Scholarship Matching Program, and the Health Care Education
 6411  Quality Enhancement Challenge Grant. The program shall be
 6412  administered according to rules of the State Board of Community
 6413  Colleges Education and used to encourage private support in
 6414  enhancing Florida Community College System institutions by
 6415  providing the Florida Community College System with the
 6416  opportunity to receive and match challenge grants. Funds
 6417  received prior to the effective date of this act for each of the
 6418  three programs shall be retained in the separate account for
 6419  which it was designated.
 6420         (2) Each Florida Community College System institution board
 6421  of trustees receiving state appropriations under this program
 6422  shall approve each gift to ensure alignment with the unique
 6423  mission of the Florida Community College System institution. The
 6424  board of trustees must link all requests for a state match to
 6425  the goals and mission statement. The Florida Community College
 6426  System Institution Foundation Board receiving state
 6427  appropriations under this program shall approve each gift to
 6428  ensure alignment with its goals and mission statement. Funds
 6429  received from community events and festivals are not eligible
 6430  for state matching funds under this program.
 6431         (3) Upon approval by the Florida Community College System
 6432  institution board of trustees and the State Board of Community
 6433  Colleges Education, the ordering of donations for priority
 6434  listing of unmatched gifts should be determined by the
 6435  submitting Florida Community College System institution.
 6436         (4) Each year, eligible contributions received by a Florida
 6437  Community College System institution’s foundation or the State
 6438  Board of Community Colleges Education by February 1 shall be
 6439  eligible for state matching funds.
 6440         (a) Each Florida Community College System institution board
 6441  of trustees and, when applicable, the Florida Community College
 6442  System Institution Foundation Board, receiving state
 6443  appropriations under this program shall also certify in an
 6444  annual report to the State Board of Community Colleges Education
 6445  the receipt of eligible cash contributions that were previously
 6446  unmatched by the state. The State Board of Education shall adopt
 6447  rules providing all Florida Community College System
 6448  institutions with an opportunity to apply for excess funds
 6449  before the awarding of such funds.
 6450         (b) Florida Community College System institutions must
 6451  submit to the State Board of Community Colleges Education an
 6452  annual expenditure report tracking the use of all matching
 6453  funds.
 6454         (c) The audit of each foundation receiving state funds from
 6455  this program must include a certification of accuracy in the
 6456  amount reported for matching funds.
 6457         (5) The matching ratio for donations that are specifically
 6458  designated to support scholarships, including scholarships for
 6459  first-generation-in-college students, student loans, or need
 6460  based grants shall be $1 of state funds to $1 of local private
 6461  funds.
 6462         (6) Otherwise, funds must shall be proportionately
 6463  allocated to the Florida Community College System institutions
 6464  on the basis of matching each $6 of local or private funds with
 6465  $4 of state funds. To be eligible, a minimum of $4,500 must be
 6466  raised from private sources.
 6467         (7) The Florida Community College System institution board
 6468  of trustees, in conjunction with the donor, shall determine make
 6469  the determination of whether scholarships established pursuant
 6470  to this program are endowed.
 6471         (8)(a) Funds sufficient to provide the match shall be
 6472  transferred from the state appropriations to the local Florida
 6473  Community College System institution foundation or the statewide
 6474  Florida Community College System institution foundation upon
 6475  notification that a proportionate amount has been received and
 6476  deposited by a Florida Community College System institution in
 6477  its own trust fund.
 6478         (b) If state funds appropriated for the program are
 6479  insufficient to match contributions, the amount allocated must
 6480  shall be reduced in proportion to its share of the total
 6481  eligible contributions. However, in making proportional
 6482  reductions, every Florida Community College System institution
 6483  shall receive a minimum of $75,000 in state matching funds if
 6484  its eligible contributions would have generated an amount at
 6485  least equal to $75,000. All unmet contributions must shall be
 6486  eligible for state matching funds in subsequent fiscal years.
 6487         (9) Each Florida Community College System institution
 6488  entity shall establish its own matching grant program fund as a
 6489  depository for the private contributions and matching state
 6490  funds provided under this section. Florida Community College
 6491  System institution foundations are responsible for the
 6492  maintenance, investment, and administration of their matching
 6493  grant program funds.
 6494         (10) The State Board of Community Colleges Education may
 6495  receive submissions of requests for matching funds and
 6496  documentation relating to those requests, may approve requests
 6497  for matching funds, and may allocate such funds to the Florida
 6498  Community College System institutions.
 6499         (11) The board of trustees of the Florida Community College
 6500  System institution and the State Board of Community Colleges
 6501  Education are responsible for determining the uses for the
 6502  proceeds of their respective trust funds. Such use of the
 6503  proceeds shall include, but not be limited to, expenditure of
 6504  the funds for:
 6505         (a) Scientific and technical equipment.
 6506         (b) Scholarships, loans, or need-based grants.
 6507         (c) Other activities that will benefit future students as
 6508  well as students currently enrolled at the Florida Community
 6509  College System institution, will improve the quality of
 6510  education at the Florida Community College System institution,
 6511  or will enhance economic development in the community.
 6512         (12) Each Florida Community College System institution
 6513  shall notify all donors of private funds of a substantial delay
 6514  in the availability of state matching funds for this program.
 6515         (13) Effective July 1, 2011, state matching funds are
 6516  temporarily suspended for donations received for this program on
 6517  or after June 30, 2011. Existing eligible donations remain
 6518  eligible for future matching funds. The program may be restarted
 6519  after $200 million of the backlog for programs under this
 6520  section and ss. 1011.32, 1011.94, and 1013.79 have been matched.
 6521         Section 105. Subsection (1) of section 1012.01, Florida
 6522  Statutes, is amended to read:
 6523         1012.01 Definitions.—As used in this chapter, the following
 6524  terms have the following meanings:
 6525         (1) SCHOOL OFFICERS.—The officers of the state system of
 6526  public K-12 and Florida College System institution education
 6527  shall be the Commissioner of Education and the members of the
 6528  State Board of Education; for the Florida Community College
 6529  System, the officers shall be the Chancellor of the Florida
 6530  Community College System and the members of the State Board of
 6531  Community Colleges; for each district school system, the
 6532  officers shall be the district school superintendent and members
 6533  of the district school board; and for each Florida Community
 6534  College System institution, the officers shall be the Florida
 6535  Community College System institution president and members of
 6536  the Florida Community College System institution board of
 6537  trustees.
 6538         Section 106. Paragraph (a) of subsection (1) of section
 6539  1012.80, Florida Statutes, is amended to read:
 6540         1012.80 Participation by employees in disruptive activities
 6541  at public postsecondary educational institutions; penalties.—
 6542         (1)(a) Any person who accepts the privilege extended by the
 6543  laws of this state of employment at any Florida Community
 6544  College System institution shall, by working at such
 6545  institution, be deemed to have given his or her consent to the
 6546  policies of that institution, the policies of the State Board of
 6547  Community Colleges Education, and the laws of this state. Such
 6548  policies shall include prohibition against disruptive activities
 6549  at Florida Community College System institutions.
 6550         Section 107. Subsection (1) of section 1012.81, Florida
 6551  Statutes, is amended to read:
 6552         1012.81 Personnel records.—
 6553         (1) The State Board of Community Colleges Education shall
 6554  adopt rules prescribing the content and custody of limited
 6555  access records that a Florida Community College System
 6556  institution may maintain on its employees. Limited-access
 6557  employee records are confidential and exempt from the provisions
 6558  of s. 119.07(1). Limited-access records include only the
 6559  following:
 6560         (a) Records containing information reflecting academic
 6561  evaluations of employee performance; however, the employee and
 6562  officials of the institution responsible for supervision of the
 6563  employee shall have access to such records.
 6564         (b) Records maintained for the purposes of any
 6565  investigation of employee misconduct, including, but not limited
 6566  to, a complaint against an employee and all information obtained
 6567  pursuant to the investigation of such complaint; however, these
 6568  records become public after the investigation ceases to be
 6569  active or when the institution provides written notice to the
 6570  employee who is the subject of the complaint that the
 6571  institution has either:
 6572         1. Concluded the investigation with a finding not to
 6573  proceed with disciplinary action;
 6574         2. Concluded the investigation with a finding to proceed
 6575  with disciplinary action; or
 6576         3. Issued a letter of discipline.
 6577  
 6578  For the purpose of this paragraph, an investigation shall be
 6579  considered active as long as it is continuing with a reasonable,
 6580  good faith anticipation that a finding will be made in the
 6581  foreseeable future. An investigation shall be presumed to be
 6582  inactive if no finding is made within 90 days after the
 6583  complaint is filed.
 6584         Section 108. Subsection (1) of section 1012.83, Florida
 6585  Statutes, is amended to read:
 6586         1012.83 Contracts with administrative and instructional
 6587  staff.—
 6588         (1) Each person employed in an administrative or
 6589  instructional capacity in a Florida Community College System
 6590  institution shall be entitled to a contract as provided by rules
 6591  of the State Board of Community Colleges Education.
 6592         Section 109. Section 1012.855, Florida Statutes, is amended
 6593  to read:
 6594         1012.855 Employment of Florida Community College System
 6595  institution personnel; discrimination in granting salary
 6596  prohibited.—
 6597         (1)(a) Employment of all personnel in each Florida
 6598  Community College System institution shall be upon
 6599  recommendation of the president, subject to rejection for cause
 6600  by the Florida Community College System institution board of
 6601  trustees; to the rules of the State Board of Community Colleges
 6602  Education relative to certification, tenure, leaves of absence
 6603  of all types, including sabbaticals, remuneration, and such
 6604  other conditions of employment as the State Board of Community
 6605  Colleges Education deems necessary and proper; and to policies
 6606  of the Florida Community College System institution board of
 6607  trustees not inconsistent with law.
 6608         (b) Any internal auditor employed by a Florida Community
 6609  College System institution shall be hired by the Florida
 6610  Community College System institution board of trustees and shall
 6611  report directly to the board.
 6612         (2) Each Florida Community College System institution board
 6613  of trustees shall undertake a program to eradicate any
 6614  discrimination on the basis of gender, race, or physical
 6615  handicap in the granting of salaries to employees.
 6616         Section 110. Section 1012.86, Florida Statutes, is amended
 6617  to read:
 6618         1012.86 Florida Community College System institution
 6619  employment equity accountability program.—
 6620         (1) Each Florida Community College System institution shall
 6621  include in its annual equity update a plan for increasing the
 6622  representation of women and minorities in senior-level
 6623  administrative positions and in full-time faculty positions, and
 6624  for increasing the representation of women and minorities who
 6625  have attained continuing-contract status. Positions shall be
 6626  defined in the personnel data element directory of the
 6627  Department of Education. The plan must include specific
 6628  measurable goals and objectives, specific strategies and
 6629  timelines for accomplishing these goals and objectives, and
 6630  comparable national standards as provided by the Department of
 6631  Education. The goals and objectives shall be based on meeting or
 6632  exceeding comparable national standards and shall be reviewed
 6633  and recommended by the State Board of Community Colleges
 6634  Education as appropriate. Such plans shall be maintained until
 6635  appropriate representation has been achieved and maintained for
 6636  at least 3 consecutive reporting years.
 6637         (2)(a) On or before May 1 of each year, each Florida
 6638  Community College System institution president shall submit an
 6639  annual employment accountability plan to the Chancellor of the
 6640  Florida Community College System and the State Board of
 6641  Community Colleges Commissioner of Education and the State Board
 6642  of Education. The accountability plan must show faculty and
 6643  administrator employment data according to requirements
 6644  specified on the federal Equal Employment Opportunity (EE0-6)
 6645  report.
 6646         (b) The plan must show the following information for those
 6647  positions including, but not limited to:
 6648         1. Job classification title.
 6649         2. Gender.
 6650         3. Ethnicity.
 6651         4. Appointment status.
 6652         5. Salary information. At each Florida Community College
 6653  System institution, salary information shall also include the
 6654  salary ranges in which new hires were employed compared to the
 6655  salary ranges for employees with comparable experience and
 6656  qualifications.
 6657         6. Other comparative information including, but not limited
 6658  to, composite information regarding the total number of
 6659  positions within the particular job title classification for the
 6660  Florida Community College System institution by race, gender,
 6661  and salary range compared to the number of new hires.
 6662         7. A statement certifying diversity and balance in the
 6663  gender and ethnic composition of the selection committee for
 6664  each vacancy, including a brief description of guidelines used
 6665  for ensuring balanced and diverse membership on selection and
 6666  review committees.
 6667         (c) The annual employment accountability plan shall also
 6668  include an analysis and an assessment of the Florida Community
 6669  College System institution’s attainment of annual goals and of
 6670  long-range goals for increasing the number of women and
 6671  minorities in faculty and senior-level administrative positions,
 6672  and a corrective action plan for addressing underrepresentation.
 6673         (d) Each Florida Community College System institution’s
 6674  employment accountability plan must also include:
 6675         1. The requirements for receiving a continuing contract.
 6676         2. A brief description of the process used to grant
 6677  continuing-contract status.
 6678         3. A brief description of the process used to annually
 6679  apprise each eligible faculty member of progress toward
 6680  attainment of continuing-contract status.
 6681         (3) Florida Community College System institution presidents
 6682  and the heads of each major administrative division shall be
 6683  evaluated annually on the progress made toward meeting the goals
 6684  and objectives of the Florida Community College System
 6685  institution’s employment accountability plan.
 6686         (a) The Florida Community College System institution
 6687  presidents, or the presidents’ designees, shall annually
 6688  evaluate each department chairperson, dean, provost, and vice
 6689  president in achieving the annual and long-term goals and
 6690  objectives. A summary of the results of such evaluations shall
 6691  be reported annually by the Florida Community College System
 6692  institution president to the Florida Community College System
 6693  institution board of trustees. Annual budget allocations by the
 6694  Florida Community College System institution board of trustees
 6695  for positions and funding must take into consideration these
 6696  evaluations.
 6697         (b) Florida Community College System institution boards of
 6698  trustees shall annually evaluate the performance of the Florida
 6699  Community College System institution presidents in achieving the
 6700  annual and long-term goals and objectives. A summary of the
 6701  results of such evaluations shall be reported to the State Board
 6702  of Community Colleges Commissioner of Education and the State
 6703  Board of Education as part of the Florida Community College
 6704  System institution’s annual employment accountability plan, and
 6705  to the Legislature as part of the annual equity progress report
 6706  submitted by the State Board of Community Colleges Education.
 6707         (4) The State Board of Community Colleges Education shall
 6708  submit an annual equity progress report to the President of the
 6709  Senate and the Speaker of the House of Representatives on or
 6710  before January 1 of each year.
 6711         (5) Each Florida Community College System institution shall
 6712  develop a budgetary incentive plan to support and ensure
 6713  attainment of the goals developed pursuant to this section. The
 6714  plan shall specify, at a minimum, how resources shall be
 6715  allocated to support the achievement of goals and the
 6716  implementation of strategies in a timely manner. After prior
 6717  review and approval by the Florida Community College System
 6718  institution president and the Florida Community College System
 6719  institution board of trustees, the plan shall be submitted as
 6720  part of the annual employment accountability plan submitted by
 6721  each Florida Community College System institution to the State
 6722  Board of Community Colleges Education.
 6723         (6) Subject to available funding, the Legislature shall
 6724  provide an annual appropriation to the State Board of Community
 6725  Colleges Education to be allocated to Florida Community College
 6726  System institution presidents, faculty, and administrative
 6727  personnel to further enhance equity initiatives and related
 6728  priorities that support the mission of colleges and departments
 6729  in recognition of the attainment of the equity goals and
 6730  objectives.
 6731         Section 111. Subsection (3) of section 1013.01, Florida
 6732  Statutes, is amended to read:
 6733         1013.01 Definitions.—The following terms shall be defined
 6734  as follows for the purpose of this chapter:
 6735         (3) “Board,” unless otherwise specified, means a district
 6736  school board, a Florida Community College System institution
 6737  board of trustees, a university board of trustees, and the Board
 6738  of Trustees for the Florida School for the Deaf and the Blind.
 6739  The term “board” does not include the State Board of Education,
 6740  or the Board of Governors, or the State Board of Community
 6741  Colleges.
 6742         Section 112. Subsection (2) of section 1013.02, Florida
 6743  Statutes, is amended to read:
 6744         1013.02 Purpose; rules and regulations.—
 6745         (2)(a) The State Board of Education shall adopt rules
 6746  pursuant to ss. 120.536(1) and 120.54 to implement the
 6747  provisions of this chapter for school districts and Florida
 6748  College System institutions.
 6749         (b) The Board of Governors shall adopt regulations pursuant
 6750  to its regulation development procedure to implement the
 6751  provisions of this chapter for state universities.
 6752         (c) The State Board of Community Colleges shall adopt rules
 6753  pursuant to ss. 120.536(1) and 120.54 to implement this chapter
 6754  for Florida Community College System institutions.
 6755         Section 113. Section 1013.03, Florida Statutes, is amended
 6756  to read:
 6757         1013.03 Functions of the department, the State Board of
 6758  Community Colleges, and the Board of Governors.—The functions of
 6759  the Department of Education as it pertains to educational
 6760  facilities of school districts, of the State Board of Community
 6761  Colleges as it pertains to educational facilities of and Florida
 6762  Community College System institutions, and of the Board of
 6763  Governors as it pertains to educational facilities of state
 6764  universities shall include, but not be limited to, the
 6765  following:
 6766         (1) Establish recommended minimum and maximum square
 6767  footage standards for different functions and areas and
 6768  procedures for determining the gross square footage for each
 6769  educational facility to be funded in whole or in part by the
 6770  state, including public broadcasting stations but excluding
 6771  postsecondary special purpose laboratory space. The gross square
 6772  footage determination standards may be exceeded when the core
 6773  facility space of an educational facility is constructed or
 6774  renovated to accommodate the future addition of classrooms to
 6775  meet projected increases in student enrollment. The department,
 6776  the State Board of Community Colleges, and the Board of
 6777  Governors shall encourage multiple use of facilities and spaces
 6778  in educational plants.
 6779         (2) Establish, for the purpose of determining need,
 6780  equitably uniform utilization standards for all types of like
 6781  space, regardless of the level of education. These standards
 6782  shall also establish, for postsecondary education classrooms, a
 6783  minimum room utilization rate of 40 hours per week and a minimum
 6784  station utilization rate of 60 percent. These rates shall be
 6785  subject to increase based on national norms for utilization of
 6786  postsecondary education classrooms.
 6787         (3) Require boards to submit other educational plant
 6788  inventories data and statistical data or information relevant to
 6789  construction, capital improvements, and related costs.
 6790         (4) Require each board and other appropriate agencies to
 6791  submit complete and accurate financial data as to the amounts of
 6792  funds from all sources that are available and spent for
 6793  construction and capital improvements. The commissioner shall
 6794  prescribe the format and the date for the submission of this
 6795  data and any other educational facilities data. If any district
 6796  does not submit the required educational facilities fiscal data
 6797  by the prescribed date, the Commissioner of Education shall
 6798  notify the district school board of this fact and, if
 6799  appropriate action is not taken to immediately submit the
 6800  required report, the district school board shall be directed to
 6801  proceed pursuant to s. 1001.42(13)(b). If any Florida Community
 6802  College System institution or university does not submit the
 6803  required educational facilities fiscal data by the prescribed
 6804  date, the same policy prescribed in this subsection for school
 6805  districts shall be implemented.
 6806         (5) Administer, under the supervision of the Commissioner
 6807  of Education, the Public Education Capital Outlay and Debt
 6808  Service Trust Fund and the School District and Community College
 6809  District Capital Outlay and Debt Service Trust Fund.
 6810         (6) Develop, review, update, revise, and recommend a
 6811  mandatory portion of the Florida Building Code for educational
 6812  facilities construction and capital improvement by Florida
 6813  Community College System institution boards and district school
 6814  boards.
 6815         (7) Provide training, technical assistance, and building
 6816  code interpretation for requirements of the mandatory Florida
 6817  Building Code for the educational facilities construction and
 6818  capital improvement programs of the Florida College System
 6819  institution boards and district school boards and, upon request,
 6820  approve phase III construction documents for remodeling,
 6821  renovation, or new construction of educational plants or
 6822  ancillary facilities, except that Florida Community College
 6823  System institutions and university boards of trustees shall
 6824  approve specifications and construction documents for their
 6825  respective institutions pursuant to guidelines of the Board of
 6826  Governors or State Board of Community Colleges, as applicable.
 6827  The Department of Management Services may, upon request, provide
 6828  similar services for the Florida School for the Deaf and the
 6829  Blind and shall use the Florida Building Code and the Florida
 6830  Fire Prevention Code.
 6831         (8) Provide minimum criteria, procedures, and training to
 6832  boards to conduct educational plant surveys and document the
 6833  determination of future needs.
 6834         (9) Make available to boards technical assistance,
 6835  awareness training, and research and technical publications
 6836  relating to lifesafety, casualty, sanitation, environmental,
 6837  maintenance, and custodial issues; and, as needed, technical
 6838  assistance for survey, planning, design, construction,
 6839  operation, and evaluation of educational and ancillary
 6840  facilities and plants, facilities administrative procedures
 6841  review, and training for new administrators.
 6842         (10)(a) Review and validate surveys proposed or amended by
 6843  the boards and recommend to the Commissioner of Education, the
 6844  Chancellor of the Florida Community College System, or the
 6845  Chancellor of the State University System, as appropriate, for
 6846  approval, surveys that meet the requirements of this chapter.
 6847         1. The term “validate” as applied to surveys by school
 6848  districts means to review inventory data as submitted to the
 6849  department by district school boards; provide for review and
 6850  inspection, where required, of student stations and aggregate
 6851  square feet of inventory changed from satisfactory to
 6852  unsatisfactory or changed from unsatisfactory to satisfactory;
 6853  compare new school inventory to allocation limits provided by
 6854  this chapter; review cost projections for conformity with cost
 6855  limits set by s. 1013.64(6); compare total capital outlay full
 6856  time equivalent enrollment projections in the survey with the
 6857  department’s projections; review facilities lists to verify that
 6858  student station and auxiliary facility space allocations do not
 6859  exceed the limits provided by this chapter and related rules;
 6860  review and confirm the application of uniform facility
 6861  utilization factors, where provided by this chapter or related
 6862  rules; use utilize the documentation of programs offered per
 6863  site, as submitted by the board, to analyze facility needs;
 6864  confirm that need projections for career and adult educational
 6865  programs comply with needs documented by the Department of
 6866  Education; and confirm the assignment of full-time student
 6867  stations to all space except auxiliary facilities, which, for
 6868  purposes of exemption from student station assignment, include
 6869  the following:
 6870         a. Cafeterias.
 6871         b. Multipurpose dining areas.
 6872         c. Media centers.
 6873         d. Auditoriums.
 6874         e. Administration.
 6875         f. Elementary, middle, and high school resource rooms, up
 6876  to the number of such rooms recommended for the applicable
 6877  occupant and space design capacity of the educational plant in
 6878  the State Requirements for Educational Facilities, beyond which
 6879  student stations must be assigned.
 6880         g. Elementary school skills labs, up to the number of such
 6881  rooms recommended for the applicable occupant and space design
 6882  capacity of the educational plant in the State Requirements for
 6883  Educational Facilities, beyond which student stations must be
 6884  assigned.
 6885         h. Elementary school art and music rooms.
 6886  
 6887  The Commissioner of Education may grant a waiver from the
 6888  requirements of this subparagraph if a district school board
 6889  determines that such waiver will make possible a substantial
 6890  savings of funds or will be advantageous to the welfare of the
 6891  educational system. The district school board shall present a
 6892  full statement to the commissioner which sets forth the facts
 6893  that warrant the waiver. If the commissioner denies a request
 6894  for a waiver, the district school board may appeal such decision
 6895  to the State Board of Education.
 6896         2. The term “validate” as applied to surveys by Florida
 6897  Community College System institutions and universities means to
 6898  review and document the approval of each new site and official
 6899  designation, where applicable; review the inventory database as
 6900  submitted by each board to the department, including noncareer,
 6901  and total capital outlay full-time equivalent enrollment
 6902  projections per site and per college; provide for the review and
 6903  inspection, where required, of student stations and aggregate
 6904  square feet of space changed from satisfactory to
 6905  unsatisfactory; use utilize and review the documentation of
 6906  programs offered per site submitted by the boards as accurate
 6907  for analysis of space requirements and needs; confirm that needs
 6908  projected for career and adult educational programs comply with
 6909  needs documented by the Department of Education; compare new
 6910  facility inventory to allocations limits as provided in this
 6911  chapter; review cost projections for conformity with state
 6912  averages or limits designated by this chapter; compare student
 6913  enrollment projections in the survey to the department’s
 6914  projections; review facilities lists to verify that area
 6915  allocations and space factors for generating space needs do not
 6916  exceed the limits as provided by this chapter and related rules;
 6917  confirm the application of facility utilization factors as
 6918  provided by this chapter and related rules; and review, as
 6919  submitted, documentation of how survey recommendations will
 6920  implement the detail of current campus master plans and
 6921  integrate with local comprehensive plans and development
 6922  regulations.
 6923         (b) Recommend priority of projects to be funded.
 6924         (11) Prepare the commissioner’s comprehensive fixed capital
 6925  outlay legislative budget request and provide annually an
 6926  estimate of the funds available for developing required 3-year
 6927  priority lists. This amount shall be based upon the average
 6928  percentage for the 5 prior years of funds appropriated by the
 6929  Legislature for fixed capital outlay to each level of public
 6930  education: public schools, Florida Community College System
 6931  institutions, and universities.
 6932         (12) Perform any other functions that may be involved in
 6933  educational facilities construction and capital improvement
 6934  which shall ensure that the intent of the Legislature is
 6935  implemented.
 6936         Section 114. Section 1013.28, Florida Statutes, is amended
 6937  to read:
 6938         1013.28 Disposal of property.—
 6939         (1) REAL PROPERTY.—
 6940         (a) Subject to rules of the State Board of Education, a
 6941  district school board or, the Board of Trustees for the Florida
 6942  School for the Deaf and the Blind, or a Florida College System
 6943  institution board of trustees may dispose of any land or real
 6944  property to which the board holds title which is, by resolution
 6945  of the board, determined to be unnecessary for educational
 6946  purposes as recommended in an educational plant survey. A
 6947  district school board or, the Board of Trustees for the Florida
 6948  School for the Deaf and the Blind, or a Florida College System
 6949  institution board of trustees shall take diligent measures to
 6950  dispose of educational property only in the best interests of
 6951  the public. However, appraisals may be obtained by the district
 6952  school board or, the Board of Trustees for the Florida School
 6953  for the Deaf and the Blind before, or the Florida College System
 6954  institution board of trustees prior to or simultaneously with
 6955  the receipt of bids.
 6956         (b) Subject to regulations of the Board of Governors, a
 6957  state university board of trustees may dispose of any land or
 6958  real property to which it holds valid title which is, by
 6959  resolution of the state university board of trustees, determined
 6960  to be unnecessary for educational purposes as recommended in an
 6961  educational plant survey. A state university board of trustees
 6962  shall take diligent measures to dispose of educational property
 6963  only in the best interests of the public. However, appraisals
 6964  may be obtained by the state university board of trustees prior
 6965  to or simultaneously with the receipt of bids.
 6966         (c) Subject to rules of the State Board of Community
 6967  Colleges, a Florida Community College System institution board
 6968  of trustees may dispose of any land or real property to which it
 6969  holds valid title which is, by resolution of the Florida
 6970  Community College System institution board of trustees,
 6971  determined to be unnecessary for educational purposes as
 6972  recommended in an educational plant survey. A Florida Community
 6973  College System institution board of trustees shall take diligent
 6974  measures to dispose of educational property only in the best
 6975  interests of the public. However, appraisals may be obtained by
 6976  the Florida Community College System institution board of
 6977  trustees prior to or simultaneously with the receipt of bids.
 6978         (2) TANGIBLE PERSONAL PROPERTY.—
 6979         (a) Tangible personal property that has been properly
 6980  classified as surplus by a district school board or Florida
 6981  College System institution board of trustees shall be disposed
 6982  of in accordance with the procedure established by chapter 274.
 6983  However, the provisions of chapter 274 shall not be applicable
 6984  to a motor vehicle used in driver education to which title is
 6985  obtained for a token amount from an automobile dealer or
 6986  manufacturer. In such cases, the disposal of the vehicle shall
 6987  be as prescribed in the contractual agreement between the
 6988  automotive agency or manufacturer and the board.
 6989         (b) Tangible personal property that has been properly
 6990  classified as surplus by a state university board of trustees
 6991  shall be disposed of in accordance with the procedure
 6992  established by chapter 273.
 6993         (c) Tangible personal property that has been properly
 6994  classified as surplus by a Florida Community College System
 6995  institution board of trustees shall be disposed of in accordance
 6996  with the procedure established by chapter 274.
 6997         Section 115. Subsection (1) of section 1013.31, Florida
 6998  Statutes, is amended to read:
 6999         1013.31 Educational plant survey; localized need
 7000  assessment; PECO project funding.—
 7001         (1) At least every 5 years, each board shall arrange for an
 7002  educational plant survey, to aid in formulating plans for
 7003  housing the educational program and student population, faculty,
 7004  administrators, staff, and auxiliary and ancillary services of
 7005  the district or campus, including consideration of the local
 7006  comprehensive plan. The Department of Education, for school
 7007  districts, and the State Board of Community Colleges, for the
 7008  Florida Community College System, shall document the need for
 7009  additional career and adult education programs and the
 7010  continuation of existing programs before facility construction
 7011  or renovation related to career or adult education may be
 7012  included in the educational plant survey of a school district or
 7013  Florida Community College System institution that delivers
 7014  career or adult education programs. Information used by the
 7015  Department of Education or State Board of Community Colleges to
 7016  establish facility needs must include, but need not be limited
 7017  to, labor market data, needs analysis, and information submitted
 7018  by the school district or Florida Community College System
 7019  institution.
 7020         (a) Survey preparation and required data.—Each survey shall
 7021  be conducted by the board or an agency employed by the board.
 7022  Surveys shall be reviewed and approved by the board, and a file
 7023  copy shall be submitted to the Department of Education, the
 7024  Chancellor of the Florida Community College System, or the
 7025  Chancellor of the State University System, as appropriate. The
 7026  survey report shall include at least an inventory of existing
 7027  educational and ancillary plants, including safe access
 7028  facilities; recommendations for existing educational and
 7029  ancillary plants; recommendations for new educational or
 7030  ancillary plants, including the general location of each in
 7031  coordination with the land use plan and safe access facilities;
 7032  campus master plan update and detail for Florida Community
 7033  College System institutions; the use utilization of school
 7034  plants based on an extended school day or year-round operation;
 7035  and such other information as may be required by the Department
 7036  of Education. This report may be amended, if conditions warrant,
 7037  at the request of the department or commissioner.
 7038         (b) Required need assessment criteria for district, Florida
 7039  Community College System institution, state university, and
 7040  Florida School for the Deaf and the Blind plant surveys.
 7041  Educational plant surveys must use uniform data sources and
 7042  criteria specified in this paragraph. Each revised educational
 7043  plant survey and each new educational plant survey supersedes
 7044  previous surveys.
 7045         1. The school district’s survey must be submitted as a part
 7046  of the district educational facilities plan defined in s.
 7047  1013.35. To ensure that the data reported to the Department of
 7048  Education as required by this section is correct, the department
 7049  shall annually conduct an onsite review of 5 percent of the
 7050  facilities reported for each school district completing a new
 7051  survey that year. If the department’s review finds the data
 7052  reported by a district is less than 95 percent accurate, within
 7053  1 year from the time of notification by the department the
 7054  district must submit revised reports correcting its data. If a
 7055  district fails to correct its reports, the commissioner may
 7056  direct that future fixed capital outlay funds be withheld until
 7057  such time as the district has corrected its reports so that they
 7058  are not less than 95 percent accurate.
 7059         2. Each survey of a special facility, joint-use facility,
 7060  or cooperative career education facility must be based on
 7061  capital outlay full-time equivalent student enrollment data
 7062  prepared by the department for school districts and Florida
 7063  Community College System institutions and by the Chancellor of
 7064  the State University System for universities. A survey of space
 7065  needs of a joint-use facility shall be based upon the respective
 7066  space needs of the school districts, Florida Community College
 7067  System institutions, and universities, as appropriate.
 7068  Projections of a school district’s facility space needs may not
 7069  exceed the norm space and occupant design criteria established
 7070  by the State Requirements for Educational Facilities.
 7071         3. Each Florida Community College System institution’s
 7072  survey must reflect the capacity of existing facilities as
 7073  specified in the inventory maintained and validated by the
 7074  Chancellor of the Florida Community College System by the
 7075  Department of Education. Projections of facility space needs
 7076  must comply with standards for determining space needs as
 7077  specified by rule of the State Board of Community Colleges
 7078  Education. The 5-year projection of capital outlay student
 7079  enrollment must be consistent with the annual report of capital
 7080  outlay full-time student enrollment prepared by the Department
 7081  of Education.
 7082         4. Each state university’s survey must reflect the capacity
 7083  of existing facilities as specified in the inventory maintained
 7084  and validated by the Chancellor of the State University System.
 7085  Projections of facility space needs must be consistent with
 7086  standards for determining space needs as specified by regulation
 7087  of the Board of Governors. The projected capital outlay full
 7088  time equivalent student enrollment must be consistent with the
 7089  5-year planned enrollment cycle for the State University System
 7090  approved by the Board of Governors.
 7091         5. The district educational facilities plan of a school
 7092  district and the educational plant survey of a Florida Community
 7093  College System institution, state university, or the Florida
 7094  School for the Deaf and the Blind may include space needs that
 7095  deviate from approved standards for determining space needs if
 7096  the deviation is justified by the district or institution and
 7097  approved by the department, the State Board of Community
 7098  Colleges, or the Board of Governors, as appropriate, as
 7099  necessary for the delivery of an approved educational program.
 7100         (c) Review and validation.—The Department of Education
 7101  shall review and validate the surveys of school districts, the
 7102  Chancellor of the Florida Community College System shall review
 7103  and validate the surveys of and Florida Community College System
 7104  institutions, and the Chancellor of the State University System
 7105  shall review and validate the surveys of universities, and any
 7106  amendments thereto for compliance with the requirements of this
 7107  chapter and shall recommend those in compliance for approval by
 7108  the State Board of Education, the State Board of Community
 7109  Colleges, or the Board of Governors, as appropriate. Annually,
 7110  the department shall perform an in-depth analysis of a
 7111  representative sample of each survey of recommended needs for
 7112  five districts selected by the commissioner from among districts
 7113  with the largest need-to-revenue ratio. For the purpose of this
 7114  subsection, the need-to-revenue ratio is determined by dividing
 7115  the total 5-year cost of projects listed on the district survey
 7116  by the total 5-year fixed capital outlay revenue projections
 7117  from state and local sources as determined by the department.
 7118  The commissioner may direct fixed capital outlay funds to be
 7119  withheld from districts until such time as the survey accurately
 7120  projects facilities needs.
 7121         (d) Periodic update of Florida Inventory of School Houses.
 7122  School districts shall periodically update their inventory of
 7123  educational facilities as new capacity becomes available and as
 7124  unsatisfactory space is eliminated. The State Board of Education
 7125  shall adopt rules to determine the timeframe in which districts
 7126  must provide a periodic update.
 7127         Section 116. Subsections (1) and (3) of section 1013.36,
 7128  Florida Statutes, are amended to read:
 7129         1013.36 Site planning and selection.—
 7130         (1) Before acquiring property for sites, each district
 7131  school board and Florida Community College System institution
 7132  board of trustees shall determine the location of proposed
 7133  educational centers or campuses. In making this determination,
 7134  the board shall consider existing and anticipated site needs and
 7135  the most economical and practicable locations of sites. The
 7136  board shall coordinate with the long-range or comprehensive
 7137  plans of local, regional, and state governmental agencies to
 7138  assure the consistency of such plans. Boards are encouraged to
 7139  locate district educational facilities proximate to urban
 7140  residential areas to the extent possible, and shall seek to
 7141  collocate district educational facilities with other public
 7142  facilities, such as parks, libraries, and community centers, to
 7143  the extent possible and to encourage using elementary schools as
 7144  focal points for neighborhoods.
 7145         (3) Sites recommended for purchase or purchased must meet
 7146  standards prescribed in law and such supplementary standards as
 7147  the State Board of Education or State Board of Community
 7148  Colleges, as appropriate, prescribes to promote the educational
 7149  interests of the students. Each site must be well drained and
 7150  suitable for outdoor educational purposes as appropriate for the
 7151  educational program or collocated with facilities to serve this
 7152  purpose. As provided in s. 333.03, the site must not be located
 7153  within any path of flight approach of any airport. Insofar as is
 7154  practicable, the site must not adjoin a right-of-way of any
 7155  railroad or through highway and must not be adjacent to any
 7156  factory or other property from which noise, odors, or other
 7157  disturbances, or at which conditions, would be likely to
 7158  interfere with the educational program. To the extent
 7159  practicable, sites must be chosen which will provide safe access
 7160  from neighborhoods to schools.
 7161         Section 117. Subsections (3) and (4) of section 1013.37,
 7162  Florida Statutes, are amended to read:
 7163         1013.37 State uniform building code for public educational
 7164  facilities construction.—
 7165         (3) REVIEW PROCEDURE.—The Commissioner of Education and the
 7166  Chancellor of the Florida Community College System, as
 7167  appropriate, shall cooperate with the Florida Building
 7168  Commission in addressing all questions, disputes, or
 7169  interpretations involving the provisions of the Florida Building
 7170  Code which govern the construction of public educational and
 7171  ancillary facilities, and any objections to decisions made by
 7172  the inspectors or the department must be submitted in writing.
 7173         (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The
 7174  department, for school districts, and the State Board of
 7175  Community Colleges, for Florida Community College System
 7176  institutions, shall biennially review and recommend to the
 7177  Florida Building Commission updates and revisions to the
 7178  provisions of the Florida Building Code which govern the
 7179  construction of public educational and ancillary facilities. The
 7180  department, for school districts, and the State Board of
 7181  Community Colleges, for Florida Community College System
 7182  institutions, shall publish and make available to each board at
 7183  no cost copies of the State Requirements for Educational
 7184  Facilities and each amendment and revision thereto. The
 7185  department and state board shall make additional copies
 7186  available to all interested persons at a price sufficient to
 7187  recover costs.
 7188         Section 118. Section 1013.40, Florida Statutes, is amended
 7189  to read:
 7190         1013.40 Planning and construction of Florida Community
 7191  College System institution facilities; property acquisition.—
 7192         (1) The need for Florida Community College System
 7193  institution facilities shall be established by a survey
 7194  conducted pursuant to this chapter. The facilities recommended
 7195  by such survey must be approved by the State Board of Community
 7196  Colleges Education, and the projects must be constructed
 7197  according to the provisions of this chapter and State Board of
 7198  Community Colleges Education rules.
 7199         (2) A No Florida Community College System institution may
 7200  not expend public funds for the acquisition of additional
 7201  property without the specific approval of the Legislature.
 7202         (3) A No facility may not be acquired or constructed by a
 7203  Florida Community College System institution or its direct
 7204  support organization if such facility requires general revenue
 7205  funds for operation or maintenance upon project completion or in
 7206  subsequent years of operation, unless prior approval is received
 7207  from the Legislature.
 7208         (4) The campus of a Florida Community College System
 7209  institution within a municipality designated as an area of
 7210  critical state concern, as defined in s. 380.05, and having a
 7211  comprehensive plan and land development regulations containing a
 7212  building permit allocation system that limits annual growth, may
 7213  construct dormitories for up to 300 beds for Florida Community
 7214  College System institution students. Such dormitories are exempt
 7215  from the building permit allocation system and may be
 7216  constructed up to 45 feet in height if the dormitories are
 7217  otherwise consistent with the comprehensive plan, the Florida
 7218  Community College System institution has a hurricane evacuation
 7219  plan that requires all dormitory occupants to be evacuated 48
 7220  hours in advance of tropical force winds, and transportation is
 7221  provided for dormitory occupants during an evacuation. State
 7222  funds and tuition and fee revenues may not be used for
 7223  construction, debt service payments, maintenance, or operation
 7224  of such dormitories. Additional dormitory beds constructed after
 7225  July 1, 2016, may not be financed through the issuance of a
 7226  bond.
 7227         Section 119. Section 1013.47, Florida Statutes, is amended
 7228  to read:
 7229         1013.47 Substance of contract; contractors to give bond;
 7230  penalties.—Each board shall develop contracts consistent with
 7231  this chapter and statutes governing public facilities. Such a
 7232  contract must contain the drawings and specifications of the
 7233  work to be done and the material to be furnished, the time limit
 7234  in which the construction is to be completed, the time and
 7235  method by which payments are to be made upon the contract, and
 7236  the penalty to be paid by the contractor for a failure to comply
 7237  with the terms of the contract. The board may require the
 7238  contractor to pay a penalty for any failure to comply with the
 7239  terms of the contract and may provide an incentive for early
 7240  completion. Upon accepting a satisfactory bid, the board shall
 7241  enter into a contract with the party or parties whose bid has
 7242  been accepted. The contractor shall furnish the board with a
 7243  performance and payment bond as set forth in s. 255.05. A board
 7244  or other public entity may not require a contractor to secure a
 7245  surety bond under s. 255.05 from a specific agent or bonding
 7246  company. A person, firm, or corporation that constructs any part
 7247  of any educational plant, or addition thereto, on the basis of
 7248  any unapproved plans or in violation of any plans approved in
 7249  accordance with the provisions of this chapter and rules of the
 7250  State Board of Education or State Board of Community Colleges or
 7251  regulations of the Board of Governors relating to building
 7252  standards or specifications is subject to forfeiture of the
 7253  surety bond and unpaid compensation in an amount sufficient to
 7254  reimburse the board for any costs that will need to be incurred
 7255  in making any changes necessary to assure that all requirements
 7256  are met and is also guilty of a misdemeanor of the second
 7257  degree, punishable as provided in s. 775.082 or s. 775.083, for
 7258  each separate violation.
 7259         Section 120. Section 1013.52, Florida Statutes, is amended
 7260  to read:
 7261         1013.52 Cooperative development and joint use of facilities
 7262  by two or more boards.—
 7263         (1) Two or more boards, including district school boards,
 7264  Florida Community College System institution boards of trustees,
 7265  the Board of Trustees for the Florida School for the Deaf and
 7266  the Blind, and university boards of trustees, desiring to
 7267  cooperatively establish a common educational facility to
 7268  accommodate students shall:
 7269         (a) Jointly request a formal assessment by the Commissioner
 7270  of Education, or the Chancellor of the State University System,
 7271  or the Chancellor of the State Board of Community Colleges, as
 7272  appropriate, of the academic program need and the need to build
 7273  new joint-use facilities to house approved programs. Completion
 7274  of the assessment and approval of the project by the State Board
 7275  of Education, the State Board of Community Colleges, the
 7276  Chancellor of the Florida Community College System, the Board of
 7277  Governors, the Chancellor of the State University System, or the
 7278  Commissioner of Education, as appropriate, should be done prior
 7279  to conducting an educational facilities survey.
 7280         (b) Demonstrate the need for construction of new joint-use
 7281  facilities involving postsecondary institutions by those
 7282  institutions presenting evidence of the presence of sufficient
 7283  actual full-time equivalent enrollments in the locale in leased,
 7284  rented, or borrowed spaces to justify the requested facility for
 7285  the programs identified in the formal assessment rather than
 7286  using projected or anticipated future full-time equivalent
 7287  enrollments as justification. If the decision is made to
 7288  construct new facilities to meet this demonstrated need, then
 7289  building plans should consider full-time equivalent enrollment
 7290  growth facilitated by this new construction and subsequent new
 7291  program offerings made possible by the existence of the new
 7292  facilities.
 7293         (c) Adopt and submit to the Commissioner of Education, the
 7294  Chancellor of the Florida Community College System, or and the
 7295  Chancellor of the State University System, as appropriate, if
 7296  the joint request involves a state university, a joint
 7297  resolution of the participating boards indicating their
 7298  commitment to the utilization of the requested facility and
 7299  designating the locale of the proposed facility. The joint
 7300  resolution shall contain a statement of determination by the
 7301  participating boards that alternate options, including the use
 7302  of leased, rented, or borrowed space, were considered and found
 7303  less appropriate than construction of the proposed facility. The
 7304  joint resolution shall contain assurance that the development of
 7305  the proposed facility has been examined in conjunction with the
 7306  programs offered by neighboring public educational facilities
 7307  offering instruction at the same level. The joint resolution
 7308  also shall contain assurance that each participating board shall
 7309  provide for continuity of educational progression. All joint
 7310  resolutions shall be submitted by August 1 for consideration of
 7311  funding by the subsequent Legislature.
 7312         (d) Submit requests for funding of joint-use facilities
 7313  projects involving state universities and Florida Community
 7314  College System institutions for approval by the Chancellor of
 7315  the Florida Community College System Commissioner of Education
 7316  and the Chancellor of the State University System. The
 7317  Chancellor of the Florida Community College System Commissioner
 7318  of Education and the Chancellor of the State University System
 7319  shall jointly determine the priority for funding these projects
 7320  in relation to the priority of all other capital outlay projects
 7321  under their consideration. To be eligible for funding from the
 7322  Public Education Capital Outlay and Debt Service Trust Fund
 7323  under the provisions of this section, projects involving both
 7324  state universities and Florida Community College System
 7325  institutions shall appear on the 3-year capital outlay priority
 7326  lists of Florida Community College System institutions and of
 7327  universities required by s. 1013.64. Projects involving a state
 7328  university, a Florida Community College System institution, and
 7329  a public school, and in which the larger share of the proposed
 7330  facility is for the use of the state university or the Florida
 7331  Community College System institution, shall appear on the 3-year
 7332  capital outlay priority lists of the Florida Community College
 7333  System institutions or of the universities, as applicable.
 7334         (e) Include in their joint resolution for the joint-use
 7335  facilities, comprehensive plans for the operation and management
 7336  of the facility upon completion. Institutional responsibilities
 7337  for specific functions shall be identified, including
 7338  designation of one participating board as sole owner of the
 7339  facility. Operational funding arrangements shall be clearly
 7340  defined.
 7341         (2) An educational plant survey must be conducted within 90
 7342  days after submission of the joint resolution and substantiating
 7343  data describing the benefits to be obtained, the programs to be
 7344  offered, and the estimated cost of the proposed project. Upon
 7345  completion of the educational plant survey, the participating
 7346  boards may include the recommended projects in their plan as
 7347  provided in s. 1013.31. Upon approval of the project by the
 7348  commissioner, the Chancellor of the Florida Community College
 7349  System, or the Chancellor of the State University System, as
 7350  appropriate, 25 percent of the total cost of the project, or the
 7351  pro rata share based on space utilization of 25 percent of the
 7352  cost, must be included in the department’s legislative capital
 7353  outlay budget request as provided in s. 1013.60 for educational
 7354  plants. The participating boards must include in their joint
 7355  resolution a commitment to finance the remaining funds necessary
 7356  to complete the planning, construction, and equipping of the
 7357  facility. Funds from the Public Education Capital Outlay and
 7358  Debt Service Trust Fund may not be expended on any project
 7359  unless specifically authorized by the Legislature.
 7360         (3) Included in all proposals for joint-use facilities must
 7361  be documentation that the proposed new campus or new joint-use
 7362  facility has been reviewed by the State Board of Education, the
 7363  State Board of Community Colleges, or the Board of Governors, as
 7364  appropriate, and has been formally requested for authorization
 7365  by the Legislature.
 7366         (4) A No district school board, Florida Community College
 7367  System institution, or state university may not shall receive
 7368  funding for more than one approved joint-use facility per campus
 7369  in any 3-year period.
 7370         Section 121. Subsection (1) of section 1013.65, Florida
 7371  Statutes, is amended to read:
 7372         1013.65 Educational and ancillary plant construction funds;
 7373  Public Education Capital Outlay and Debt Service Trust Fund;
 7374  allocation of funds.—
 7375         (1) The commissioner, through the department, shall
 7376  administer the Public Education Capital Outlay and Debt Service
 7377  Trust Fund. The commissioner shall allocate or reallocate funds
 7378  as authorized by the Legislature. Copies of each allocation or
 7379  reallocation shall be provided to members of the State Board of
 7380  Education, the State Board of Community Colleges, and the Board
 7381  of Governors and to the chairs of the House of Representatives
 7382  and Senate appropriations committees. The commissioner shall
 7383  provide for timely encumbrances of funds for duly authorized
 7384  projects. Encumbrances may include proceeds to be received under
 7385  a resolution approved by the State Board of Education
 7386  authorizing the issuance of public education capital outlay
 7387  bonds pursuant to s. 9(a)(2), Art. XII of the State
 7388  Constitution, s. 215.61, and other applicable law. The
 7389  commissioner shall provide for the timely disbursement of moneys
 7390  necessary to meet the encumbrance authorizations of the boards.
 7391  Records shall be maintained by the department to identify
 7392  legislative appropriations, allocations, encumbrance
 7393  authorizations, disbursements, transfers, investments, sinking
 7394  funds, and revenue receipts by source. The Department of
 7395  Education shall pay the administrative costs of the Public
 7396  Education Capital Outlay and Debt Service Trust Fund from the
 7397  funds which comprise the trust fund.
 7398         Section 122. The State Board of Community Colleges, in
 7399  collaboration with the Board of Governors, shall evaluate and
 7400  report on the status of Florida’s “2+2” system of articulation
 7401  using the accountability measures required pursuant to s.
 7402  1008.38, Florida Statutes, and any other applicable state law.
 7403  By December 31, 2017, the state board and the Board of Governors
 7404  shall submit their report to the Governor, the President of the
 7405  Senate, and the Speaker of the House of Representatives. The
 7406  report must include findings regarding the effectiveness of
 7407  Florida’s “2+2” system of articulation and recommendations for
 7408  improvement.
 7409         Section 123. The Division of Law Revision and Information
 7410  is directed to prepare a reviser’s bill for the 2018 Regular
 7411  Session to substitute the term “Florida Community College
 7412  System” for “Florida College System” and the term “Florida
 7413  Community College System institution” for “Florida College
 7414  System institution where those terms appear in the Florida
 7415  Statutes.
 7416         Section 124. Except as otherwise expressly provided in this
 7417  act and except for this section, which shall take effect upon
 7418  becoming a law, this act shall take effect October 1, 2017.