Florida Senate - 2017                       CS for CS for SB 374
       
       
        
       By the Committees on Appropriations; and Education; and Senators
       Hukill, Galvano, and Simpson
       
       
       
       
       576-03529-17                                           2017374c2
    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; creating s.
  294         1013.29, F.S.; authorizing certain high schools to be
  295         located on a public or private postsecondary
  296         institution campus under certain circumstances;
  297         amending s. 1013.31, F.S.; specifying the role of the
  298         State Board of Community Colleges in educational plant
  299         surveys for Florida Community College System
  300         institutions; amending ss. 1013.36, 1013.37, and
  301         1013.40, F.S.; conforming provisions to changes made
  302         by the act; amending s. 1013.47, F.S.; providing that
  303         certain contractors are subject to rules of the State
  304         Board of Community Colleges; amending s. 1013.52,
  305         F.S.; specifying duties of the State Board of
  306         Community Colleges with regard to the cooperative
  307         development and joint use of facilities; amending s.
  308         1013.65, F.S.; requiring the State Board of Community
  309         Colleges to be provided with copies of authorized
  310         allocations or reallocations for the Public Education
  311         Capital Outlay and Debt Service Trust Fund; requiring
  312         the Board of Governors and the State Board of
  313         Community Colleges to submit a report to the Governor
  314         and the Legislature by a specified date; providing a
  315         directive to the Division of Law Revision and
  316         Information; providing effective dates.
  317          
  318  Be It Enacted by the Legislature of the State of Florida:
  319  
  320         Section 1. This act may be cited as the “College
  321  Competitiveness Act of 2017.”
  322         Section 2. Effective July 1, 2017, section 1001.6001,
  323  Florida Statutes, is created to read:
  324         1001.6001 Florida Community College System governance.—
  325         (1)The Florida College System, established in s. 1001.60,
  326  is renamed as the Florida Community College System.
  327         (2) The State Board of Community Colleges is created
  328  pursuant to s. 20.156 to oversee and coordinate the Florida
  329  Community College System. The Governor shall appoint the
  330  membership of the State Board of Community Colleges, subject to
  331  confirmation by the Senate, in time for the members to convene
  332  for the board’s organizational meeting pursuant to s. 20.156(5).
  333         (3) The Division of Florida Colleges shall provide
  334  administrative support to the State Board of Community Colleges
  335  until September 30, 2017.
  336         (4) On October 1, 2017, all powers, duties, functions,
  337  records, offices, personnel, property, pending issues and
  338  existing contracts, administrative authority, administrative
  339  rules, and unexpended balances of appropriations, allocations,
  340  and other funds related to the Florida College System and the
  341  Division of Florida Colleges are transferred by a type two
  342  transfer, as defined in s. 20.06(2), from the State Board of
  343  Education to the State Board of Community Colleges.
  344         (5) The State Board of Community Colleges shall appoint a
  345  Chancellor of the Florida Community College System by November
  346  1, 2017, to aid the board in the implementation of its
  347  responsibilities.
  348         (6) Any State Board of Education approval, policy,
  349  guidance, and appointment in effect on October 1, 2017, remain
  350  effective unless acted upon by the State Board of Community
  351  Colleges.
  352         Section 3. Subsections (3) and (8) of section 20.15,
  353  Florida Statutes, are amended to read:
  354         20.15 Department of Education.—There is created a
  355  Department of Education.
  356         (3) DIVISIONS.—The following divisions of the Department of
  357  Education are established:
  358         (a)Division of Florida Colleges.
  359         (a)(b) Division of Public Schools.
  360         (b)(c) Division of Career and Adult Education.
  361         (c)(d) Division of Vocational Rehabilitation.
  362         (d)(e) Division of Blind Services.
  363         (e)(f) Division of Accountability, Research, and
  364  Measurement.
  365         (f)(g) Division of Finance and Operations.
  366         (g)(h) Office of K-20 Articulation.
  367         (h)(i) The Office of Independent Education and Parental
  368  Choice, which must include the following offices:
  369         1. The Office of Early Learning, which shall be
  370  administered by an executive director who is fully accountable
  371  to the Commissioner of Education. The executive director shall,
  372  pursuant to s. 1001.213, administer the early learning programs,
  373  including the school readiness program and the Voluntary
  374  Prekindergarten Education Program at the state level.
  375         2. The Office of K-12 School Choice, which shall be
  376  administered by an executive director who is fully accountable
  377  to the Commissioner of Education.
  378         (8) SUPPORT SERVICES.—The Department of Education shall
  379  continue to provide support to the Board of Governors of the
  380  State University System and to the State Board of Community
  381  Colleges of the Florida Community College System. At a minimum,
  382  support services provided to the Board of Governors and the
  383  State Board of Community Colleges shall include accounting,
  384  printing, computer and Internet support, personnel and human
  385  resources support, support for accountability initiatives, and
  386  administrative support as needed for trust funds under the
  387  jurisdiction of the Board of Governors and the State Board of
  388  Community Colleges.
  389         Section 4. Effective July 1, 2017, section 20.156, Florida
  390  Statutes, is created to read:
  391         20.156 State Board of Community Colleges.—
  392         (1) GENERAL PROVISIONS.—The State Board of Community
  393  Colleges is created. For the purposes of s. 6, Art. IV of the
  394  State Constitution, the state board shall be assigned to and
  395  administratively housed within the Department of Education.
  396  However, the state board shall independently exercise the powers
  397  and duties in s. 1001.602; is a separate budget program; and is
  398  not subject to control, supervision, or direction by the
  399  department. For purposes of this section, the State Board of
  400  Community Colleges is referred to as the “state board.”
  401         (2) HEAD OF THE FLORIDA COMMUNITY COLLEGE SYSTEM.—The state
  402  board is the head of the Florida Community College System. The
  403  Governor shall appoint the board members, subject to
  404  confirmation by the Senate.
  405         (3) PERSONNEL.—The state board shall appoint a Chancellor
  406  of the Florida Community College System by November 1, 2017, to
  407  aid in carrying out the state board’s duties. The chancellor is
  408  the chief executive officer and secretary to the state board and
  409  directs the activities of the staff of the state board. The
  410  Chancellor of the Division of Florida Colleges shall serve as
  411  the Chancellor of the Florida Community College System until the
  412  state board selects a chancellor.
  413         (4) POWERS AND DUTIES.—Effective October 1, 2017, the state
  414  board shall regulate, control, and be responsible for the
  415  management of the Florida Community College System.
  416         (5) ORGANIZATION.—The state board shall, by September 30,
  417  2017, conduct an organizational meeting to adopt bylaws, elect a
  418  chair and vice chair from the membership, and fix dates and
  419  places for regular meetings.
  420         Section 5. Subsection (18) is added to section 112.313,
  421  Florida Statutes, to read:
  422         112.313 Standards of conduct for public officers, employees
  423  of agencies, and local government attorneys.—
  424         (18) STATE BOARD OF COMMUNITY COLLEGES AND BOARDS OF
  425  TRUSTEES.—A citizen member of the State Board of Community
  426  Colleges or a citizen member of a Florida Community College
  427  System institution board of trustees may not have or hold an
  428  employment or contractual relationship as a legislative lobbyist
  429  requiring annual registration and reporting pursuant to s.
  430  11.045.
  431         Section 6. Paragraph (c) of subsection (1) of section
  432  112.3145, Florida Statutes, is amended to read:
  433         112.3145 Disclosure of financial interests and clients
  434  represented before agencies.—
  435         (1) For purposes of this section, unless the context
  436  otherwise requires, the term:
  437         (c) “State officer” means:
  438         1. Any elected public officer, excluding those elected to
  439  the United States Senate and House of Representatives, not
  440  covered elsewhere in this part and any person who is appointed
  441  to fill a vacancy for an unexpired term in such an elective
  442  office.
  443         2. An appointed member of each board, commission,
  444  authority, or council having statewide jurisdiction, excluding a
  445  member of an advisory body.
  446         3. A member of the Board of Governors of the State
  447  University System or a state university board of trustees, the
  448  Chancellor and Vice Chancellors of the State University System,
  449  and the president of a state university; or a member of the
  450  State Board of Community Colleges and the Chancellor of the
  451  Florida Community College System.
  452         4. A member of the judicial nominating commission for any
  453  district court of appeal or any judicial circuit.
  454         Section 7. Subsections (2) and (4) of section 1000.03,
  455  Florida Statutes, are amended to read:
  456         1000.03 Function, mission, and goals of the Florida K-20
  457  education system.—
  458         (2)(a) The Legislature shall establish education policy,
  459  enact education laws, and appropriate and allocate education
  460  resources.
  461         (b) With the exception of matters relating to the State
  462  University System and the Florida Community College System, the
  463  State Board of Education shall oversee the enforcement of all
  464  laws and rules, and the timely provision of direction,
  465  resources, assistance, intervention when needed, and strong
  466  incentives and disincentives to force accountability for
  467  results.
  468         (c) The Board of Governors shall oversee the enforcement of
  469  all state university laws and rules and regulations and the
  470  timely provision of direction, resources, assistance,
  471  intervention when needed, and strong incentives and
  472  disincentives to force accountability for results.
  473         (d) The State Board of Community Colleges shall oversee the
  474  enforcement of all Florida Community College System laws and
  475  rules and the timely provision of direction, resources,
  476  assistance, intervention when needed, and strong incentives and
  477  disincentives to force accountability for results.
  478         (4) The mission of Florida’s K-20 education system is to
  479  allow its students to increase their proficiency by allowing
  480  them the opportunity to expand their knowledge and skills
  481  through rigorous and relevant learning opportunities, in
  482  accordance with the mission of the applicable career center or
  483  system statement and the accountability requirements of s.
  484  1008.31, and to avoid wasteful duplication of programs offered
  485  by state universities, Florida Community College System
  486  institutions, and career centers and charter technical career
  487  centers that are operated by a district school board or a
  488  Florida Community College System institution board of trustees.
  489         Section 8. Paragraph (d) of subsection (3) and subsections
  490  (5) and (6) of section 1000.05, Florida Statutes, are amended to
  491  read:
  492         1000.05 Discrimination against students and employees in
  493  the Florida K-20 public education system prohibited; equality of
  494  access required.—
  495         (3)
  496         (d) A public K-20 educational institution which operates or
  497  sponsors interscholastic, intercollegiate, club, or intramural
  498  athletics shall provide equal athletic opportunity for members
  499  of both genders.
  500         1. The Board of Governors shall determine whether equal
  501  opportunities are available at state universities.
  502         2. The Commissioner of Education, for school districts, and
  503  the Chancellor of the Florida Community College System, for
  504  Florida Community College System institutions, shall determine
  505  whether equal opportunities are available in school districts
  506  and Florida Community College System institutions. In
  507  determining whether equal opportunities are available in school
  508  districts and Florida Community College System institutions, the
  509  Commissioner of Education and the Chancellor of the Florida
  510  Community College System shall consider, among other factors:
  511         a. Whether the selection of sports and levels of
  512  competition effectively accommodate the interests and abilities
  513  of members of both genders.
  514         b. The provision of equipment and supplies.
  515         c. Scheduling of games and practice times.
  516         d. Travel and per diem allowances.
  517         e. Opportunities to receive coaching and academic tutoring.
  518         f. Assignment and compensation of coaches and tutors.
  519         g. Provision of locker room, practice, and competitive
  520  facilities.
  521         h. Provision of medical and training facilities and
  522  services.
  523         i. Provision of housing and dining facilities and services.
  524         j. Publicity.
  525  
  526  Unequal aggregate expenditures for members of each gender or
  527  unequal expenditures for male and female teams if a public
  528  school or Florida Community College System institution operates
  529  or sponsors separate teams do not constitute nonimplementation
  530  of this subsection, but the Commissioner of Education shall
  531  consider the failure to provide necessary funds for teams for
  532  one gender in assessing equality of opportunity for members of
  533  each gender.
  534         (5)(a) The State Board of Education shall adopt rules to
  535  implement this section as it relates to school districts and
  536  Florida College System institutions.
  537         (b) The Board of Governors shall adopt regulations to
  538  implement this section as it relates to state universities.
  539         (c) The State Board of Community Colleges shall adopt rules
  540  to implement this section as it relates to Florida Community
  541  College System institutions.
  542         (6) The functions of the State Board of Community Colleges
  543  for Florida Community College System institutions and the Office
  544  of Equal Educational Opportunity of the Department of Education
  545  shall include, but are not limited to:
  546         (a) Requiring all district school boards and Florida
  547  Community College System institution boards of trustees to
  548  develop and submit plans for the implementation of this section
  549  to the Department of Education.
  550         (b) Conducting periodic reviews of school districts and
  551  Florida Community College System institutions to determine
  552  compliance with this section and, after a finding that a school
  553  district or a Florida Community College System institution is
  554  not in compliance with this section, notifying the entity of the
  555  steps that it must take to attain compliance and performing
  556  followup monitoring.
  557         (c) Providing technical assistance, including assisting
  558  school districts or Florida Community College System
  559  institutions in identifying unlawful discrimination and
  560  instructing them in remedies for correction and prevention of
  561  such discrimination and performing followup monitoring.
  562         (d) Conducting studies of the effectiveness of methods and
  563  strategies designed to increase the participation of students in
  564  programs and courses in which students of a particular race,
  565  ethnicity, national origin, gender, disability, or marital
  566  status have been traditionally underrepresented and monitoring
  567  the success of students in such programs or courses, including
  568  performing followup monitoring.
  569         (e) Requiring all district school boards and Florida
  570  Community College System institution boards of trustees to
  571  submit data and information necessary to determine compliance
  572  with this section. The Commissioner of Education, for school
  573  districts, and the Chancellor of the Florida Community College
  574  System, for Florida Community College System institutions, shall
  575  prescribe the format and the date for submission of such data
  576  and any other educational equity data. If any board does not
  577  submit the required compliance data or other required
  578  educational equity data by the prescribed date, the commissioner
  579  shall notify the board of this fact and, if the board does not
  580  take appropriate action to immediately submit the required
  581  report, the State Board of Education shall impose monetary
  582  sanctions.
  583         (f) Based upon rules of the State Board of Education, for
  584  school districts, and the State Board of Community Colleges, for
  585  Florida Community College System institutions, developing and
  586  implementing enforcement mechanisms with appropriate penalties
  587  to ensure that public K-12 schools and Florida Community College
  588  System institutions comply with Title IX of the Education
  589  Amendments of 1972 and subsection (3) of this section. However,
  590  the State Board of Education may not force a public school or
  591  Florida Community College System institution to conduct, nor
  592  penalize such entity for not conducting, a program of athletic
  593  activity or athletic scholarship for female athletes unless it
  594  is an athletic activity approved for women by a recognized
  595  association whose purpose is to promote athletics and a
  596  conference or league exists to promote interscholastic or
  597  intercollegiate competition for women in that athletic activity.
  598         (g) Reporting to the Commissioner of Education, for school
  599  districts, or to the Chancellor of the Florida Community College
  600  System, for Florida Community College System institutions, any
  601  district school board or Florida Community College System
  602  institution board of trustees found to be out of compliance with
  603  rules of the State Board of Education or the State Board of
  604  Community Colleges adopted as required by paragraph (f) or
  605  paragraph (3)(d). To penalize the respective board, the State
  606  Board of Education or the State Board of Community Colleges, as
  607  applicable, shall:
  608         1. Declare the school district or Florida Community College
  609  System institution ineligible for competitive state grants.
  610         2. Notwithstanding the provisions of s. 216.192, direct the
  611  Chief Financial Officer to withhold general revenue funds
  612  sufficient to obtain compliance from the school district or
  613  Florida Community College System institution.
  614  
  615  The school district or Florida Community College System
  616  institution shall remain ineligible and the funds may shall not
  617  be paid until the institution comes into compliance or the State
  618  Board of Education or the State Board of Community Colleges, as
  619  applicable, approves a plan for compliance.
  620         Section 9. Section 1001.02, Florida Statutes, is amended to
  621  read:
  622         1001.02 General powers of State Board of Education.—
  623         (1) The State Board of Education is the chief implementing
  624  and coordinating body of public education in Florida except for
  625  the State University System and the Florida Community College
  626  System, and it shall focus on high-level policy decisions. It
  627  has authority to adopt rules pursuant to ss. 120.536(1) and
  628  120.54 to implement the provisions of law conferring duties upon
  629  it for the improvement of the state system of K-20 public
  630  education except for the State University System and the Florida
  631  Community College System. Except as otherwise provided herein,
  632  it may, as it finds appropriate, delegate its general powers to
  633  the Commissioner of Education or the directors of the divisions
  634  of the department.
  635         (2) The State Board of Education has the following duties:
  636         (a) To adopt comprehensive educational objectives for
  637  public education except for the State University System and the
  638  Florida Community College System.
  639         (b) To adopt comprehensive long-range plans and short-range
  640  programs for the development of the state system of public
  641  education except for the State University System and the Florida
  642  Community College System.
  643         (c) To exercise general supervision over the divisions of
  644  the Department of Education as necessary to ensure coordination
  645  of educational plans and programs and resolve controversies and
  646  to minimize problems of articulation and student transfers, to
  647  ensure that students moving from one level of education to the
  648  next have acquired competencies necessary for satisfactory
  649  performance at that level, and to ensure maximum utilization of
  650  facilities.
  651         (d) To adopt, in consultation with the Board of Governors
  652  and the State Board of Community Colleges, and from time to time
  653  modify, minimum and uniform standards of college-level
  654  communication and computation skills generally associated with
  655  successful performance and progression through the baccalaureate
  656  level and to identify college-preparatory high school coursework
  657  and postsecondary-level coursework that prepares students with
  658  the academic skills necessary to succeed in postsecondary
  659  education.
  660         (e) To adopt and submit to the Governor and Legislature, as
  661  provided in s. 216.023, a coordinated K-20 education budget that
  662  estimates the expenditure requirements for the Board of
  663  Governors, as provided in s. 1001.706, the State Board of
  664  Education, including the Department of Education and the
  665  Commissioner of Education, and all of the boards, institutions,
  666  agencies, and services under the general supervision of the
  667  Board of Governors, as provided in s. 1001.706, the State Board
  668  of Community Colleges, as provided in s. 1001.602, or the State
  669  Board of Education for the ensuing fiscal year. The State Board
  670  of Education may not amend the budget request submitted by the
  671  Board of Governors or the State Board of Community Colleges. Any
  672  program recommended by the Board of Governors, the State Board
  673  of Community Colleges, or the State Board of Education which
  674  will require increases in state funding for more than 1 year
  675  must be presented in a multiyear budget plan.
  676         (f) To hold meetings, transact business, keep records,
  677  adopt a seal, and, except as otherwise provided by law, perform
  678  such other duties as may be necessary for the enforcement of
  679  laws and rules relating to the state system of public education.
  680         (g) To approve plans for cooperating with the Federal
  681  Government.
  682         (h) To approve plans for cooperating with other public
  683  agencies in the development of rules and in the enforcement of
  684  laws for which the state board and such agencies are jointly
  685  responsible.
  686         (i) To review plans for cooperating with appropriate
  687  nonpublic agencies for the improvement of conditions relating to
  688  the welfare of schools.
  689         (j) To create such subordinate advisory bodies as are
  690  required by law or as it finds necessary for the improvement of
  691  education.
  692         (k) To constitute any education bodies or other structures
  693  as required by federal law.
  694         (l) To assist in the economic development of the state by
  695  developing a state-level planning process to identify future
  696  training needs for industry, especially high-technology
  697  industry.
  698         (m) To assist in the planning and economic development of
  699  the state by establishing a clearinghouse for information on
  700  educational programs of value to economic development.
  701         (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
  702  120.54, within statutory authority.
  703         (o) To authorize the allocation of resources in accordance
  704  with law and rule.
  705         (p) To contract with independent institutions accredited by
  706  an agency whose standards are comparable to the minimum
  707  standards required to operate a postsecondary career center
  708  educational institution at that level in the state. The purpose
  709  of the contract is to provide those educational programs and
  710  facilities which will meet needs unfulfilled by the state system
  711  of public postsecondary education.
  712         (q) To recommend that a district school board take action
  713  consistent with the state board’s decision relating to an appeal
  714  of a charter school application.
  715         (r) To enforce systemwide education goals and policies
  716  except as otherwise provided by law.
  717         (s) To establish a detailed procedure for the
  718  implementation and operation of a systemwide K-20 technology
  719  plan that is based on a common set of data definitions.
  720         (t) To establish accountability standards for existing
  721  legislative performance goals, standards, and measures, and
  722  order the development of mechanisms to implement new legislative
  723  goals, standards, and measures.
  724         (u) To adopt criteria and implementation plans for future
  725  growth issues, such as new Florida College System institutions
  726  and Florida College System institution campus mergers, and to
  727  provide for cooperative agreements between and within public and
  728  private education sectors.
  729         (v) To develop, in conjunction with the Board of Governors
  730  and the State Board of Community Colleges, and periodically
  731  review for adjustment, a coordinated 5-year plan for
  732  postsecondary enrollment, identifying enrollment and graduation
  733  expectations by baccalaureate degree program, and annually
  734  submit the plan to the Legislature as part of its legislative
  735  budget request.
  736         (w) Beginning in the 2014-2015 academic year and annually
  737  thereafter, to require each Florida College System institution
  738  prior to registration to provide each enrolled student
  739  electronic access to the economic security report of employment
  740  and earning outcomes prepared by the Department of Economic
  741  Opportunity pursuant to s. 445.07.
  742         (3)(a) The State Board of Education shall adopt a strategic
  743  plan that specifies goals and objectives for the state’s public
  744  schools and Florida College System institutions. The plan shall
  745  be formulated in conjunction with plans of the Board of
  746  Governors and the State Board of Community Colleges in order to
  747  provide for the roles of the universities and Florida Community
  748  College System institutions to be coordinated to best meet state
  749  needs and reflect cost-effective use of state resources. The
  750  strategic plan must clarify the mission statements of each
  751  Florida Community College System institution and the system as a
  752  whole and identify degree programs, including baccalaureate
  753  degree programs, to be offered at each Florida Community College
  754  System institution in accordance with the objectives provided in
  755  this subsection and the coordinated 5-year plan pursuant to
  756  paragraph (2)(v). The strategic plan must cover a period of 5
  757  years, with modification of the program lists after 2 years.
  758  Development of each 5-year plan must be coordinated with and
  759  initiated after completion of the master plan. The strategic
  760  plans must specifically include programs and procedures for
  761  responding to the educational needs of teachers and students in
  762  the public schools of this state and consider reports and
  763  recommendations of the Higher Education Coordinating Council
  764  pursuant to s. 1004.015 and the Articulation Coordinating
  765  Committee pursuant to s. 1007.01. The state board shall submit a
  766  report to the President of the Senate and the Speaker of the
  767  House of Representatives upon modification of the plan and as
  768  part of its legislative budget request.
  769         (b) The State Board of Education, and the Board of
  770  Governors, and the State Board of Community Colleges shall
  771  jointly develop long-range plans and annual reports for
  772  financial aid in this state. The long-range plans shall
  773  establish goals and objectives for a comprehensive program of
  774  financial aid for Florida students and shall be updated every 5
  775  years. The annual report shall include programs administered by
  776  the department as well as awards made from financial aid fee
  777  revenues, any other funds appropriated by the Legislature for
  778  financial assistance, and the value of tuition and fees waived
  779  for students enrolled in a dual enrollment course at a public
  780  postsecondary educational institution. The annual report shall
  781  include an assessment of progress made in achieving goals and
  782  objectives established in the long-range plans and
  783  recommendations for repealing or modifying existing financial
  784  aid programs or establishing new programs. A long-range plan
  785  shall be submitted by January 1, 2004, and every 5 years
  786  thereafter. An annual report shall be submitted on January 1,
  787  2004, and in each successive year that a long-range plan is not
  788  submitted, to the President of the Senate and the Speaker of the
  789  House of Representatives.
  790         (4) The State Board of Education shall:
  791         (a) Provide for each Florida College System institution to
  792  offer educational training and service programs designed to meet
  793  the needs of both students and the communities served.
  794         (b) Specify, by rule, procedures to be used by the Florida
  795  College System institution boards of trustees in the annual
  796  evaluations of presidents and review the evaluations of
  797  presidents by the boards of trustees, including the extent to
  798  which presidents serve both institutional and system goals.
  799         (c) Establish, in conjunction with the Board of Governors,
  800  an effective information system that will provide composite data
  801  concerning the Florida College System institutions and state
  802  universities and ensure that special analyses and studies
  803  concerning the institutions are conducted, as necessary, for
  804  provision of accurate and cost-effective information concerning
  805  the institutions.
  806         (d) Establish criteria for making recommendations for
  807  modifying district boundary lines for Florida College System
  808  institutions, including criteria for service delivery areas of
  809  Florida College System institutions authorized to grant
  810  baccalaureate degrees.
  811         (e) Establish criteria for making recommendations
  812  concerning all proposals for the establishment of additional
  813  centers or campuses for Florida College System institutions.
  814         (f) Examine the annual administrative review of each
  815  Florida College System institution.
  816         (g) adopt and submit to the Legislature a 3-year list of
  817  priorities for fixed-capital-outlay projects. The State Board of
  818  Education may not amend the 3-year list of priorities of the
  819  Board of Governors or the State Board of Community Colleges.
  820         (5) The State Board of Education is responsible for
  821  reviewing and administering the state program of support for the
  822  Florida College System institutions and, subject to existing
  823  law, shall establish the tuition and out-of-state fees for
  824  developmental education and for credit instruction that may be
  825  counted toward an associate in arts degree, an associate in
  826  applied science degree, or an associate in science degree.
  827         (6) The State Board of Education shall prescribe minimum
  828  standards, definitions, and guidelines for Florida College
  829  System institutions that will ensure the quality of education,
  830  coordination among the Florida College System institutions and
  831  state universities, and efficient progress toward accomplishing
  832  the Florida College System institution mission. At a minimum,
  833  these rules must address:
  834         (a) Personnel.
  835         (b) Contracting.
  836         (c) Program offerings and classification, including
  837  college-level communication and computation skills associated
  838  with successful performance in college and with tests and other
  839  assessment procedures that measure student achievement of those
  840  skills. The performance measures must provide that students
  841  moving from one level of education to the next acquire the
  842  necessary competencies for that level.
  843         (d) Provisions for curriculum development, graduation
  844  requirements, college calendars, and program service areas.
  845  These provisions must include rules that:
  846         1. Provide for the award of an associate in arts degree to
  847  a student who successfully completes 60 semester credit hours at
  848  the Florida College System institution.
  849         2. Require all of the credits accepted for the associate in
  850  arts degree to be in the statewide course numbering system as
  851  credits toward a baccalaureate degree offered by a state
  852  university or a Florida College System institution.
  853         3. Require no more than 36 semester credit hours in general
  854  education courses in the subject areas of communication,
  855  mathematics, social sciences, humanities, and natural sciences.
  856  
  857  The rules should encourage Florida College System institutions
  858  to enter into agreements with state universities that allow
  859  Florida College System institution students to complete upper
  860  division-level courses at a Florida College System institution.
  861  An agreement may provide for concurrent enrollment at the
  862  Florida College System institution and the state university and
  863  may authorize the Florida College System institution to offer an
  864  upper-division-level course or distance learning.
  865         (e) Student admissions, conduct and discipline,
  866  nonclassroom activities, and fees.
  867         (f) Budgeting.
  868         (g) Business and financial matters.
  869         (h) Student services.
  870         (i) Reports, surveys, and information systems, including
  871  forms and dates of submission.
  872         Section 10. Subsections (7) through (17) of section
  873  1001.03, Florida Statutes, are amended to read:
  874         1001.03 Specific powers of State Board of Education.—
  875         (7) ARTICULATION ACCOUNTABILITY.—The State Board of
  876  Education shall develop articulation accountability measures
  877  that assess the status of systemwide articulation processes, in
  878  conjunction with the Board of Governors regarding the State
  879  University System and the State Board of Community Colleges
  880  regarding the Florida Community College System, and shall
  881  establish an articulation accountability process in accordance
  882  with the provisions of chapter 1008, in conjunction with the
  883  Board of Governors regarding the State University System and the
  884  State Board of Community Colleges regarding the Florida
  885  Community College System.
  886         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  887  shall enforce compliance with law and state board rule by all
  888  school districts and public postsecondary educational
  889  institutions, except for institutions within the State
  890  University System and the Florida Community College System, in
  891  accordance with the provisions of s. 1008.32.
  892         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
  893  Education, in conjunction with the Board of Governors regarding
  894  the State University System and the State Board of Community
  895  Colleges regarding the Florida Community College System, shall
  896  continue to collect and maintain, at a minimum, the management
  897  information databases for state universities, community
  898  colleges, and all other components of the public K-20 education
  899  system as such databases existed on June 30, 2002.
  900         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
  901  EDUCATION.—The State Board of Education, in conjunction with the
  902  Board of Governors, shall develop and implement a common
  903  placement test to assess the basic computation and communication
  904  skills of students who intend to enter a degree program at any
  905  Florida College System institution or state university.
  906         (10)(11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
  907  EDUCATION.—The State Board of Education shall adopt minimum
  908  standards relating to nonpublic postsecondary education and
  909  institutions, in accordance with the provisions of chapter 1005.
  910         (12) COMMON POSTSECONDARY DEFINITIONS.—The State Board of
  911  Education shall adopt, by rule, common definitions for associate
  912  in science degrees and for certificates.
  913         (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The
  914  State Board of Education shall provide for the cyclic review of
  915  all academic programs in Florida College System institutions at
  916  least every 7 years. Program reviews shall document how
  917  individual academic programs are achieving stated student
  918  learning and program objectives within the context of the
  919  institution’s mission. The results of the program reviews shall
  920  inform strategic planning, program development, and budgeting
  921  decisions at the institutional level.
  922         (11)(14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
  923  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of
  924  Education shall maintain a uniform classification system for
  925  school district administrative and management personnel that
  926  will facilitate the uniform coding of administrative and
  927  management personnel to total district employees.
  928         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
  929  DEGREE PROGRAMS.—The State Board of Education shall provide for
  930  the review and approval of proposals by Florida College System
  931  institutions to offer baccalaureate degree programs pursuant to
  932  s. 1007.33. A Florida College System institution, as defined in
  933  s. 1000.21, that is approved to offer baccalaureate degrees
  934  pursuant to s. 1007.33 remains under the authority of the State
  935  Board of Education and the Florida College System institution’s
  936  board of trustees. The State Board of Education may not approve
  937  Florida College System institution baccalaureate degree program
  938  proposals from March 31, 2014, through May 31, 2015.
  939         (16) PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
  940  the State Board of Education shall identify performance metrics
  941  for the Florida College System and develop a plan that specifies
  942  goals and objectives for each Florida College System
  943  institution. The plan must include:
  944         (a) Performance metrics and standards common for all
  945  institutions and metrics and standards unique to institutions
  946  depending on institutional core missions, including, but not
  947  limited to, remediation success, retention, graduation,
  948  employment, transfer rates, licensure passage, excess hours,
  949  student loan burden and default rates, job placement, faculty
  950  awards, and highly respected rankings for institution and
  951  program achievements.
  952         (b) Student enrollment and performance data delineated by
  953  method of instruction, including, but not limited to,
  954  traditional, online, and distance learning instruction.
  955         (12)(17) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
  956  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
  957  Education, in consultation with the Board of Governors, the
  958  State Board of Community Colleges, and the Department of
  959  Economic Opportunity, shall adopt a unified state plan to
  960  improve K-20 STEM education and prepare students for high-skill,
  961  high-wage, and high-demand employment in STEM and STEM-related
  962  fields.
  963         Section 11. Subsection (1), paragraphs (g) and (j) of
  964  subsection (6), and subsection (7) of section 1001.10, Florida
  965  Statutes, are amended to read:
  966         1001.10 Commissioner of Education; general powers and
  967  duties.—
  968         (1) The Commissioner of Education is the chief educational
  969  officer of the state and the sole custodian of the K-20 data
  970  warehouse, and is responsible for giving full assistance to the
  971  State Board of Education in enforcing compliance with the
  972  mission and goals of the K-20 education system except for the
  973  State University System and the Florida Community College
  974  System.
  975         (6) Additionally, the commissioner has the following
  976  general powers and duties:
  977         (g) To submit to the State Board of Education, on or before
  978  October 1 of each year, recommendations for a coordinated K-20
  979  education budget that estimates the expenditures for the Board
  980  of Governors, the State Board of Community Colleges, the State
  981  Board of Education, including the Department of Education and
  982  the Commissioner of Education, and all of the boards,
  983  institutions, agencies, and services under the general
  984  supervision of the Board of Governors, the State Board of
  985  Community Colleges, or the State Board of Education for the
  986  ensuing fiscal year. Any program recommended to the State Board
  987  of Education that will require increases in state funding for
  988  more than 1 year must be presented in a multiyear budget plan.
  989         (j) To implement a program of school improvement and
  990  education accountability designed to provide all students the
  991  opportunity to make adequate learning gains in each year of
  992  school as provided by statute and State Board of Education rule
  993  based upon the achievement of the state education goals,
  994  recognizing the following:
  995         1. The district school board is responsible for school and
  996  student performance.
  997         2. The individual school is the unit for education
  998  accountability.
  999         3. The Florida College System institution board of trustees
 1000  is responsible for Florida College System institution
 1001  performance and student performance.
 1002         (7) The commissioner, or the commissioner’s designee, may
 1003  conduct a review or investigation of practices, procedures, or
 1004  actions at any Florida College System institution which appear
 1005  to be inconsistent with sound financial, management, or academic
 1006  practice.
 1007         Section 12. Paragraphs (c) through (f) of subsection (1)
 1008  and subsection (3) of section 1001.11, Florida Statutes, are
 1009  amended to read:
 1010         1001.11 Commissioner of Education; other duties.—
 1011         (1) The Commissioner of Education must independently
 1012  perform the following duties:
 1013         (c) In cooperation with the Board of Governors and the
 1014  State Board of Community Colleges, develop and implement a
 1015  process for receiving and processing requests, in conjunction
 1016  with the Legislature, for the allocation of PECO funds for
 1017  qualified postsecondary education projects.
 1018         (d) Integrally work with the boards of trustees of the
 1019  Florida College System institutions.
 1020         (d)(e) Monitor the activities of the State Board of
 1021  Education and provide information related to current and pending
 1022  policies to the members of the boards of trustees of the Florida
 1023  Community College System institutions and state universities.
 1024         (e)(f) Ensure the timely provision of information requested
 1025  by the Legislature from the State Board of Education, the
 1026  commissioner’s office, and the Department of Education.
 1027         (3) Notwithstanding any other provision of law to the
 1028  contrary, the Commissioner of Education, in conjunction with the
 1029  Legislature, and the Board of Governors regarding the State
 1030  University System, and the State Board of Community Colleges
 1031  regarding the Florida Community College System, must recommend
 1032  funding priorities for the distribution of capital outlay funds
 1033  for public postsecondary educational institutions, based on
 1034  priorities that include, but are not limited to, the following
 1035  criteria:
 1036         (a) Growth at the institutions.
 1037         (b) Need for specific skills statewide.
 1038         (c) Need for maintaining and repairing existing facilities.
 1039         Section 13. Paragraph (e) of subsection (4) of section
 1040  1001.20, Florida Statutes, is amended to read:
 1041         1001.20 Department under direction of state board.—
 1042         (4) The Department of Education shall establish the
 1043  following offices within the Office of the Commissioner of
 1044  Education which shall coordinate their activities with all other
 1045  divisions and offices:
 1046         (e) Office of Inspector General.—Organized using existing
 1047  resources and funds and responsible for promoting
 1048  accountability, efficiency, and effectiveness and detecting
 1049  fraud and abuse within school districts and, the Florida School
 1050  for the Deaf and the Blind, and Florida College System
 1051  institutions in Florida. If the Commissioner of Education
 1052  determines that a district school board or, the Board of
 1053  Trustees for the Florida School for the Deaf and the Blind, or a
 1054  Florida College System institution board of trustees is
 1055  unwilling or unable to address substantiated allegations made by
 1056  any person relating to waste, fraud, or financial mismanagement
 1057  within the school district or, the Florida School for the Deaf
 1058  and the Blind, or the Florida College System institution, the
 1059  office shall conduct, coordinate, or request investigations into
 1060  such substantiated allegations. The office shall have access to
 1061  all information and personnel necessary to perform its duties
 1062  and shall have all of its current powers, duties, and
 1063  responsibilities authorized in s. 20.055.
 1064         Section 14. Section 1001.28, Florida Statutes, is amended
 1065  to read:
 1066         1001.28 Distance learning duties.—The duties of the
 1067  Department of Education concerning distance learning include,
 1068  but are not limited to, the duty to:
 1069         (1) Facilitate the implementation of a statewide
 1070  coordinated system and resource system for cost-efficient
 1071  advanced telecommunications services and distance education
 1072  which will increase overall student access to education.
 1073         (2) Coordinate the use of existing resources, including,
 1074  but not limited to, the state’s satellite transponders, the
 1075  Florida Information Resource Network (FIRN), and distance
 1076  learning initiatives.
 1077         (3) Assist in the coordination of the utilization of the
 1078  production and uplink capabilities available through Florida’s
 1079  public television stations, eligible facilities, independent
 1080  colleges and universities, private firms, and others as needed.
 1081         (4) Seek the assistance and cooperation of Florida’s cable
 1082  television providers in the implementation of the statewide
 1083  advanced telecommunications services and distance learning
 1084  network.
 1085         (5) Seek the assistance and cooperation of Florida’s
 1086  telecommunications carriers to provide affordable student access
 1087  to advanced telecommunications services and to distance
 1088  learning.
 1089         (6) Coordinate partnerships for development, acquisition,
 1090  use, and distribution of distance learning.
 1091         (7) Secure and administer funding for programs and
 1092  activities for distance learning from federal, state, local, and
 1093  private sources and from fees derived from services and
 1094  materials.
 1095         (8) Hire appropriate staff which may include a position
 1096  that shall be exempt from part II of chapter 110 and is included
 1097  in the Senior Management Service in accordance with s. 110.205.
 1098  
 1099  Nothing in this section shall be construed to abrogate,
 1100  supersede, alter, or amend the powers and duties of any state
 1101  agency, district school board, Florida Community College System
 1102  institution board of trustees, university board of trustees, the
 1103  Board of Governors, the State Board of Community Colleges, or
 1104  the State Board of Education.
 1105         Section 15. Effective July 1, 2017, subsection (26) of
 1106  section 1001.42, Florida Statutes, is amended to read:
 1107         1001.42 Powers and duties of district school board.—The
 1108  district school board, acting as a board, shall exercise all
 1109  powers and perform all duties listed below:
 1110         (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a
 1111  governing board for a school district technical center or a
 1112  system of technical centers for the purpose of aligning the
 1113  educational programs of the technical center with the needs of
 1114  local businesses and responding quickly to the needs of local
 1115  businesses for employees holding industry certifications. A
 1116  technical center governing board shall be comprised of seven
 1117  members, three of whom must be members of the district school
 1118  board or their designees and four of whom must be local business
 1119  leaders. The district school board shall delegate to the
 1120  technical center governing board decisions regarding entrance
 1121  requirements for students, curriculum, program development,
 1122  budget and funding allocations, and the development with local
 1123  businesses of partnership agreements and appropriate industry
 1124  certifications in order to meet local and regional economic
 1125  needs. A technical center governing board may approve only
 1126  courses and programs that contain industry certifications. A
 1127  course may be continued if at least 25 percent of the students
 1128  enrolled in the course attain an industry certification. If
 1129  fewer than 25 percent of the students enrolled in a course
 1130  attain an industry certification, the course must be
 1131  discontinued the following year. However, notwithstanding the
 1132  authority to approve courses and programs under this subsection,
 1133  a technical center governing board may not approve a college
 1134  credit course or a college credit certificate or an associate
 1135  degree or baccalaureate degree program.
 1136         Section 16. Effective July 1, 2017, section 1001.44,
 1137  Florida Statutes, is amended to read:
 1138         1001.44 Career centers; governance, mission, and
 1139  responsibilities.—
 1140         (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
 1141  CENTERS.—Any district school board, after first obtaining the
 1142  approval of the Department of Education, may, as a part of the
 1143  district school system, organize, establish and operate a career
 1144  center, or acquire and operate a career center previously
 1145  established.
 1146         (a) The primary mission of a career center that is operated
 1147  by a district school board is to promote advances and
 1148  innovations in workforce preparation and economic development. A
 1149  career center may provide a learning environment that serves the
 1150  needs of a specific population group or group of occupations,
 1151  thus promoting diversity and choices within the public technical
 1152  education community in this state.
 1153         (b) A career center that is operated by a district school
 1154  board may not offer a college credit course or a college credit
 1155  certificate or an associate degree or baccalaureate degree
 1156  program.
 1157         (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
 1158  ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
 1159  of any two or more contiguous districts may, upon first
 1160  obtaining the approval of the department, enter into an
 1161  agreement to organize, establish and operate, or acquire and
 1162  operate, a career center under this section.
 1163         (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
 1164  BY A DIRECTOR.—
 1165         (a) A career center established or acquired under
 1166  provisions of law and minimum standards prescribed by the
 1167  commissioner shall comprise a part of the district school system
 1168  and shall mean an educational institution offering terminal
 1169  courses of a technical nature which are not for college credit,
 1170  and courses for out-of-school youth and adults; shall be subject
 1171  to all applicable provisions of this code; shall be under the
 1172  control of the district school board of the school district in
 1173  which it is located; and shall be directed by a director
 1174  responsible through the district school superintendent to the
 1175  district school board of the school district in which the center
 1176  is located.
 1177         (b) Each career center shall maintain an academic
 1178  transcript for each student enrolled in the center. Such
 1179  transcript shall delineate each course completed by the student.
 1180  Courses shall be delineated by the course prefix and title
 1181  assigned pursuant to s. 1007.24. The center shall make a copy of
 1182  a student’s transcript available to any student who requests it.
 1183         Section 17. Effective July 1, 2017, section 1001.60,
 1184  Florida Statutes, is amended to read:
 1185         1001.60 Florida Community College System.—
 1186         (1) PURPOSES.—In order to maximize open access for
 1187  students, respond to community needs for postsecondary academic
 1188  education and career degree education, and provide associate and
 1189  baccalaureate degrees that will best meet the state’s employment
 1190  needs, the Legislature establishes a system of governance for
 1191  the Florida Community College System.
 1192         (2) FLORIDA COMMUNITY COLLEGE SYSTEM.—There shall be a
 1193  single Florida Community College System comprised of the Florida
 1194  Community College System institutions identified in s.
 1195  1000.21(3). A Florida Community College System institution may
 1196  not offer graduate degree programs.
 1197         (a) The programs and services offered by Florida Community
 1198  College System institutions in providing associate and
 1199  baccalaureate degrees shall be delivered in a cost-effective
 1200  manner that demonstrates substantial savings to the student and
 1201  to the state over the cost of providing the degree at a state
 1202  university.
 1203         (b)1. With the approval of its district board of trustees,
 1204  a Florida Community College System institution may change the
 1205  institution’s name set forth in s. 1000.21(3) and use the
 1206  designation “college” or “state college” if it has been
 1207  authorized to grant baccalaureate degrees pursuant to s. 1007.33
 1208  and has been accredited as a baccalaureate-degree-granting
 1209  institution by the Commission on Colleges of the Southern
 1210  Association of Colleges and Schools.
 1211         2. With the approval of its district board of trustees, a
 1212  Florida Community College System institution that does not meet
 1213  the criteria in subparagraph 1. may request approval from the
 1214  State Board of Education to change the institution’s name set
 1215  forth in s. 1000.21(3) and use the designation “college.” The
 1216  State Board of Community Colleges Education may approve the
 1217  request if the Florida Community College System institution
 1218  enters into an agreement with the State Board of Community
 1219  Colleges Education to do the following:
 1220         a. Maintain as its primary mission responsibility for
 1221  responding to community needs for postsecondary academic
 1222  education and career degree education as prescribed in s.
 1223  1004.65(5).
 1224         b. Maintain an open-door admissions policy for associate
 1225  level degree programs and workforce education programs.
 1226         c. Continue to provide outreach to underserved populations.
 1227         d. Continue to provide remedial education.
 1228         e. Comply with all provisions of the statewide articulation
 1229  agreement that relate to 2-year and 4-year public degree
 1230  granting institutions as adopted by the State Board of Community
 1231  Colleges Education pursuant to s. 1007.23.
 1232         (c) A district board of trustees that approves a change to
 1233  the name of an institution under paragraph (b) must seek
 1234  statutory codification of such name change in s. 1000.21(3)
 1235  during the next regular legislative session.
 1236         (d) A Florida Community College System institution may not
 1237  use the designation “university.”
 1238         (3) LOCAL BOARDS OF TRUSTEES.—Each institution within the
 1239  Florida Community College System shall be governed by a local
 1240  board of trustees as provided in s. 1001.64. The membership of
 1241  each local board of trustees shall be as provided in s. 1001.61.
 1242         Section 18. Effective July 1, 2017, section 1001.601,
 1243  Florida Statutes, is created to read:
 1244         1001.601 State Board of Community Colleges of the Florida
 1245  Community College System.—
 1246         (1) The State Board of Community Colleges is established as
 1247  a body corporate consisting of 13 members, which shall consist
 1248  of the Commissioner of Education and 12 citizen members who are
 1249  appointed by the Governor in a manner that provides equitable
 1250  geographical representation.
 1251         (a)The 12 appointed citizen members must include a student
 1252  enrolled in a Florida Community College System institution and a
 1253  faculty member employed at a Florida Community College System
 1254  institution.
 1255         (b)Except for the student member, each citizen member must
 1256  be confirmed by the Senate and must reside and be registered to
 1257  vote in this state.
 1258         (c)Except for the student member, who shall serve a 1-year
 1259  term, appointed citizen members shall serve staggered 4-year
 1260  terms. In order to achieve staggered terms, beginning September
 1261  1, 2017, of the initial appointments, 3 members shall serve 2
 1262  year terms, 4 members shall serve 3-year terms, and 4 members
 1263  shall serve 4-year terms.
 1264         (2) Members of the State Board of Community Colleges may
 1265  not receive compensation but may be reimbursed for travel and
 1266  per diem expenses as provided in s. 112.061.
 1267         Section 19. Section 1001.602, Florida Statutes, is created
 1268  to read:
 1269         1001.602 Powers and duties of the State Board of Community
 1270  Colleges.—
 1271         (1)RESPONSIBILITIES.—The State Board of Community Colleges
 1272  is responsible for the efficient and effective operation and
 1273  maintenance of the Florida Community College System, as defined
 1274  in s. 1001.60. The State Board of Community Colleges may adopt
 1275  rules pursuant to ss. 120.536(1) and 120.54 to implement
 1276  provisions of law for the Florida Community College System. For
 1277  the purposes of this section, the State Board of Community
 1278  Colleges is referred to as the “state board.”
 1279         (2) DUTIES.—The state board has the following duties:
 1280         (a) Ensure Florida Community College System institutions
 1281  operate consistent with the mission of the system, pursuant to
 1282  s. 1004.65.
 1283         (b) Oversee the Florida Community College System and
 1284  coordinate with the Board of Governors and the State Board of
 1285  Education to avoid wasteful duplication of facilities or
 1286  programs.
 1287         (c) Provide for each Florida Community College System
 1288  institution to offer educational training and service programs
 1289  designed to meet the needs of both students and the communities
 1290  served.
 1291         (d) Hold meetings, transact business, keep records, and,
 1292  except as otherwise provided by law, perform such other duties
 1293  as may be necessary for the enforcement of laws and rules
 1294  relating to the Florida Community College System.
 1295         (e) Provide for the coordination of educational plans and
 1296  programs to resolve controversies, minimize problems of
 1297  articulation and student transfers, ensure that students moving
 1298  from one level of education to the next have acquired
 1299  competencies necessary for satisfactory performance at that
 1300  level, and ensure maximum utilization of facilities.
 1301         (f) Establish and review, in consultation with the State
 1302  Board of Education and the Board of Governors, minimum and
 1303  uniform standards of college-level communication and computation
 1304  skills generally associated with successful performance and
 1305  progression through the baccalaureate level, to identify
 1306  college-preparatory high school coursework and postsecondary
 1307  level coursework that prepares students with the academic skills
 1308  necessary to succeed in postsecondary education.
 1309         (g) Approve plans for cooperating with the Federal
 1310  Government.
 1311         (h) Approve plans for cooperating with other public
 1312  agencies in the development of rules and in the enforcement of
 1313  laws for which the state board and the agencies are jointly
 1314  responsible.
 1315         (i) Create subordinate advisory bodies if required by law
 1316  or as necessary for the improvement of the Florida Community
 1317  College System.
 1318         (j) Coordinate with the State Board of Education to collect
 1319  and maintain data for the Florida Community College System.
 1320         (k) Establish, in conjunction with the State Board of
 1321  Education and the Board of Governors, an effective information
 1322  system that will provide composite data concerning the Florida
 1323  Community College System institutions and state universities and
 1324  that will ensure that special analyses and studies concerning
 1325  the institutions are conducted, as necessary, for provision of
 1326  accurate and cost-effective information concerning the
 1327  institutions.
 1328         (l) Establish accountability standards for existing
 1329  legislative performance goals, standards, and measures, and
 1330  order the development of mechanisms to implement new legislative
 1331  goals, standards, and measures.
 1332         (m) Require each Florida Community College System
 1333  institution, before registration, to provide each enrolled
 1334  student electronic access to the economic security report of
 1335  employment and earning outcomes prepared by the Department of
 1336  Economic Opportunity pursuant to s. 445.07.
 1337         (n) Specify, by rule, procedures to be used by Florida
 1338  Community College System institution boards of trustees in the
 1339  annual evaluation of presidents, and review the evaluations of
 1340  presidents by the boards of trustees, including the extent to
 1341  which presidents serve both institutional and system goals.
 1342         (o) Establish, subject to existing law, the tuition and
 1343  out-of-state fees for developmental education and for credit
 1344  instruction that may be counted toward an associate in arts
 1345  degree, an associate in applied science degree, or an associate
 1346  in science degree.
 1347         (p) Develop, in conjunction with the Board of Governors and
 1348  the State Board of Education, and implement a common placement
 1349  test to assess the basic computation and communication skills of
 1350  students who intend to enter a degree program at a Florida
 1351  Community College System institution or state university.
 1352         (q) May direct the Chancellor of the Florida Community
 1353  College System to conduct investigations of practices,
 1354  procedures, or actions at a Florida Community College System
 1355  institution which appear to be inconsistent with sound
 1356  financial, management, or academic practice.
 1357         (r) Examine the annual administrative review of each
 1358  Florida Community College System institution.
 1359         (s) Through the Chancellor of the Florida Community College
 1360  System, integrally work with the boards of trustees of the
 1361  Florida Community College System institutions.
 1362         (t) Establish criteria for making recommendations
 1363  concerning all proposals to establish additional centers or
 1364  campuses for a Florida Community College System institution.
 1365         (3) PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with
 1366  the requirements under subsection (4) and the performance
 1367  metrics and standards adopted under ss. 1001.66 and 1001.67, the
 1368  state board shall identify performance metrics for the Florida
 1369  Community College System and develop a plan that specifies goals
 1370  and objectives for each Florida Community College System
 1371  institution. The plan must include:
 1372         (a) Performance metrics and standards common for all
 1373  institutions and metrics and standards unique to institutions
 1374  depending on institutional core missions, including, but not
 1375  limited to, remediation success, retention, graduation,
 1376  employment, transfer rates, licensure passage, excess hours,
 1377  student loan burden and default rates, job placement, faculty
 1378  awards, and highly respected rankings for institution and
 1379  program achievements.
 1380         (b) Student enrollment and performance data delineated by
 1381  method of instruction, including, but not limited to,
 1382  traditional, online, and distance learning instruction.
 1383         (4) STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.—
 1384         (a) The state board shall adopt a strategic plan that
 1385  specifies goals and objectives for the Florida Community College
 1386  System. The plan must be formulated in conjunction with plans of
 1387  the State Board of Education and the Board of Governors in order
 1388  to coordinate the roles of the school districts and universities
 1389  to best meet state needs and reflect cost-effective use of state
 1390  resources. The strategic plan must clarify the mission
 1391  statements of the Florida Community College System and each
 1392  Florida Community College System institution and identify degree
 1393  programs, including baccalaureate degree programs, to be offered
 1394  at each Florida Community College System institution in
 1395  accordance with the objectives provided in this subsection and
 1396  the coordinated 5-year plan pursuant to s. 1001.02(2)(v). The
 1397  strategic plan must cover a period of 5 years, with modification
 1398  of the program lists after 2 years. Development of each 5-year
 1399  plan must be coordinated with and initiated after completion of
 1400  the master plan. The strategic plan must consider reports and
 1401  recommendations of the Higher Education Coordinating Council
 1402  pursuant to s. 1004.015 and the Articulation Coordinating
 1403  Committee pursuant to s. 1007.01. Upon modification of the plan,
 1404  the state board shall submit a report to the President of the
 1405  Senate and the Speaker of the House of Representatives as part
 1406  of its legislative budget request.
 1407         (b) The state board, the State Board of Education, and the
 1408  Board of Governors shall jointly develop long-range plans and
 1409  annual reports for financial aid in this state. The long-range
 1410  plans must establish goals and objectives for a comprehensive
 1411  program of financial aid for students and shall be updated every
 1412  5 years. The annual report must include programs administered by
 1413  the department as well as awards made from financial aid fee
 1414  revenues, other funds appropriated by the Legislature for
 1415  financial assistance, and the value of tuition and fees waived
 1416  for students enrolled in a dual enrollment course at a public
 1417  postsecondary educational institution. The annual report must
 1418  include an assessment of the progress made in achieving goals
 1419  and objectives established in the long-range plans and must
 1420  include recommendations for repealing or modifying existing
 1421  financial aid programs or establishing new programs. The state
 1422  board, the State Board of Education, and the Board of Governors
 1423  shall submit their long-range plans by July 1, 2018, and every 5
 1424  years thereafter and shall submit their annual reports on July
 1425  1, 2018, and in each successive year that a long-range plan is
 1426  not submitted, to the President of the Senate and the Speaker of
 1427  the House of Representatives.
 1428         (c) The state board shall also:
 1429         1. Adopt comprehensive long-range plans and short-range
 1430  programs for the development of the Florida Community College
 1431  System.
 1432         2. Assist in the economic development of the state by
 1433  developing a state-level planning process to identify future
 1434  training needs for industry, especially high-technology
 1435  industry.
 1436         3. Adopt criteria and implementation plans for future
 1437  growth issues, such as new Florida Community College System
 1438  institutions and Florida Community College System institution
 1439  campus mergers, and provide for cooperative agreements between
 1440  and within public and private education sectors.
 1441         (5) MINIMUM STANDARDS AND GUIDELINES.—The state board shall
 1442  prescribe minimum standards, definitions, and guidelines for
 1443  Florida Community College System institutions which will ensure
 1444  the quality of education, coordination among the Florida
 1445  Community College System institutions and state universities,
 1446  and efficient progress toward accomplishing the Florida
 1447  Community College System institution’s mission. At a minimum,
 1448  these rules must address all of the following:
 1449         (a) Personnel.
 1450         (b) Contracting.
 1451         (c) Program offerings and classification, including
 1452  college-level communication and computation skills associated
 1453  with successful performance in college and with tests and other
 1454  assessment procedures that measure student achievement of those
 1455  skills. The performance measures must provide that students
 1456  moving from one level of education to the next acquire the
 1457  necessary competencies for that level.
 1458         (d) Provisions for curriculum development, graduation
 1459  requirements, college calendars, and program service areas.
 1460  These provisions must include rules that:
 1461         1. Provide for the award of an associate in arts degree to
 1462  a student who successfully completes 60 semester credit hours at
 1463  the Florida Community College System institution.
 1464         2. Require all of the credits accepted for the associate in
 1465  arts degree to be in the statewide course numbering system as
 1466  credits toward a baccalaureate degree offered by a state
 1467  university or a Florida Community College System institution.
 1468         3. Require no more than 36 semester credit hours in general
 1469  education courses in the subject areas of communication,
 1470  mathematics, social sciences, humanities, and natural sciences.
 1471  
 1472  The rules under this paragraph should encourage Florida
 1473  Community College System institutions to enter into agreements
 1474  with state universities which allow a Florida Community College
 1475  System institution student to complete upper-division-level
 1476  courses at a Florida Community College System institution. An
 1477  agreement may provide for concurrent enrollment at the Florida
 1478  Community College System institution and the state university
 1479  and may authorize the Florida Community College System
 1480  institution to offer an upper-division-level course or distance
 1481  learning.
 1482         (e) Student admissions, conduct and discipline;
 1483  nonclassroom activities; and fees.
 1484         (f) Budgeting.
 1485         (g) Business and financial matters.
 1486         (h) Student services.
 1487         (i) Reports, surveys, and information systems, including
 1488  forms and dates of submission.
 1489         (6) CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board
 1490  shall provide for the cyclic review of all academic programs in
 1491  Florida Community College System institutions at least every 7
 1492  years. Program reviews must document how individual academic
 1493  programs are achieving stated student learning and program
 1494  objectives within the context of the institution’s mission. The
 1495  results of the program reviews must inform strategic planning,
 1496  program development, and budgeting decisions at the
 1497  institutional level.
 1498         (7) FLORIDA COMMUNITY COLLEGE SYSTEM INSTITUTION
 1499  BACCALAUREATE DEGREE PROGRAMS.—The state board shall provide for
 1500  the review and approval of proposals by Florida Community
 1501  College System institutions to offer baccalaureate degree
 1502  programs pursuant to s. 1007.33. A Florida Community College
 1503  System institution, as defined in s. 1000.21, which is approved
 1504  to offer baccalaureate degrees pursuant to s. 1007.33 remains
 1505  under the authority of the state board and the Florida Community
 1506  College System institution’s board of trustees.
 1507         (8) MODIFICATIONS TO SERVICE AREA.—The state board shall
 1508  establish criteria for making recommendations for modifying
 1509  district boundary lines for a Florida Community College System
 1510  institution, including criteria for service delivery areas of a
 1511  Florida Community College System institution authorized to grant
 1512  baccalaureate degrees.
 1513         (9) PERFORMANCE OVERSIGHT.—The state board shall oversee
 1514  the performance of Florida Community College System institution
 1515  boards of trustees in enforcement of all laws and rules. Florida
 1516  Community College System institution boards of trustees are
 1517  primarily responsible for compliance with law and state board
 1518  rule.
 1519         (a) In order to ensure compliance with law or state board
 1520  rule, the state board has the authority to request and receive
 1521  information, data, and reports from Florida Community College
 1522  System institutions. The Florida Community College System
 1523  institution president is responsible for the accuracy of the
 1524  information and data reported to the state board.
 1525         (b) The Chancellor of the Florida Community College System
 1526  may investigate allegations of noncompliance with law or state
 1527  board rule and determine probable cause. The Chancellor shall
 1528  report determinations of probable cause to the State Board of
 1529  Community Colleges who shall require the Florida Community
 1530  College System institution board of trustees to document
 1531  compliance with law or state board rule.
 1532         (c) If the Florida Community College System institution
 1533  board of trustees cannot satisfactorily document compliance, the
 1534  state board may order compliance within a specified timeframe.
 1535         (d) If the state board determines that a Florida Community
 1536  College System institution board of trustees is unwilling or
 1537  unable to comply with law or state board rule within the
 1538  specified time, the state board has the authority to initiate
 1539  any of the following actions:
 1540         1. Report to the Legislature that the Florida Community
 1541  College System institution is unwilling or unable to comply with
 1542  law or state board rule and recommend that the Legislature take
 1543  action against the institution;
 1544         2. Withhold the transfer of state funds, discretionary
 1545  grant funds, discretionary lottery funds, or any other funds
 1546  specified as eligible for this purpose by the Legislature until
 1547  the Florida Community College System institution complies with
 1548  the law or state board rule;
 1549         3. Declare the Florida Community College System institution
 1550  ineligible for competitive grants; or
 1551         4. Require monthly or periodic reporting on the situation
 1552  related to noncompliance until it is remedied.
 1553         (e) This section may not be construed to create a private
 1554  cause of action or create any rights for individuals or entities
 1555  in addition to those provided elsewhere in law or rule.
 1556         (10) INSPECTOR GENERAL.—The inspector general is
 1557  responsible for promoting accountability, efficiency, and
 1558  effectiveness and detecting fraud and abuse within Florida
 1559  Community College System institutions. If the Chancellor of the
 1560  Florida Community College System determines that a Florida
 1561  Community College System institution board of trustees is
 1562  unwilling or unable to address substantiated allegations made by
 1563  any person relating to waste, fraud, or financial mismanagement
 1564  within the Florida Community College System institution, the
 1565  inspector general shall conduct, coordinate, or request
 1566  investigations into such substantiated allegations. The
 1567  inspector general shall have access to all information and
 1568  personnel necessary to perform its duties and shall have all of
 1569  his or her current powers, duties, and responsibilities
 1570  authorized in s. 20.055.
 1571         (11) COORDINATION WITH THE STATE BOARD OF EDUCATION.—The
 1572  state board shall coordinate with the State Board of Education:
 1573         (a) Pursuant to s. 1001.02(2)(e), in the adoption of a K-20
 1574  education budget.
 1575         (b) Pursuant to s. 1001.02(4)(g), to adopt and submit to
 1576  the Legislature a 3-year list of priorities for fixed-capital
 1577  outlay projects.
 1578         (12) COMMON POSTSECONDARY DEFINITIONS.—Adopt in
 1579  collaboration with the State Board of Education, by rule,
 1580  definitions for associate in science degrees and for
 1581  certificates offered by Florida Community College System
 1582  institutions.
 1583         Section 20. Section 1001.61, Florida Statutes, is amended
 1584  to read:
 1585         1001.61 Florida Community College System institution boards
 1586  of trustees; membership.—
 1587         (1)  Florida Community College System institution boards of
 1588  trustees shall be comprised of five members when a Florida
 1589  Community College System institution district is confined to one
 1590  school board district; seven members when a Florida Community
 1591  College System institution district is confined to one school
 1592  board district and the board of trustees so elects; and not more
 1593  than nine members when the district contains two or more school
 1594  board districts, as provided by rules of the State Board of
 1595  Community Colleges Education. However, Florida State College at
 1596  Jacksonville shall have an odd number of trustees, and St. Johns
 1597  River State College shall have seven trustees from the three
 1598  county area that the college serves.
 1599         (2) Trustees shall be appointed by the Governor to
 1600  staggered 4-year terms, subject to confirmation by the Senate in
 1601  regular session.
 1602         (3) Members of the board of trustees shall receive no
 1603  compensation but may receive reimbursement for expenses as
 1604  provided in s. 112.061.
 1605         (4) At its first regular meeting after July 1 of each year,
 1606  each Florida Community College System institution board of
 1607  trustees shall organize by electing a chair, whose duty as such
 1608  is to preside at all meetings of the board, to call special
 1609  meetings thereof, and to attest to actions of the board, and a
 1610  vice chair, whose duty as such is to act as chair during the
 1611  absence or disability of the elected chair. It is the further
 1612  duty of the chair of each board of trustees to notify the
 1613  Governor, in writing, whenever a board member fails to attend
 1614  three consecutive regular board meetings in any one fiscal year,
 1615  which absences may be grounds for removal.
 1616         (5) A Florida Community College System institution
 1617  president shall serve as the executive officer and corporate
 1618  secretary of the board of trustees and shall be responsible to
 1619  the board of trustees for setting the agenda for meetings of the
 1620  board of trustees in consultation with the chair. The president
 1621  also serves as the chief administrative officer of the Florida
 1622  Community College System institution, and all the components of
 1623  the institution and all aspects of its operation are responsible
 1624  to the board of trustees through the president.
 1625         Section 21. Section 1001.64, Florida Statutes, is amended
 1626  to read:
 1627         1001.64  Florida Community College System institution
 1628  boards of trustees; powers and duties.—
 1629         (1) The boards of trustees shall be responsible for cost
 1630  effective policy decisions appropriate to the Florida Community
 1631  College System institution’s mission, the implementation and
 1632  maintenance of high-quality education programs within law and
 1633  rules of the State Board of Community Colleges Education, the
 1634  measurement of performance, the reporting of information, and
 1635  the provision of input regarding state policy, budgeting, and
 1636  education standards.
 1637         (2) Each board of trustees is vested with the
 1638  responsibility to govern its respective Florida Community
 1639  College System institution and with such necessary authority as
 1640  is needed for the proper operation and improvement thereof in
 1641  accordance with rules of the State Board of Community Colleges
 1642  Education.
 1643         (3) A board of trustees shall have the power to take action
 1644  without a recommendation from the president and shall have the
 1645  power to require the president to deliver to the board of
 1646  trustees all data and information required by the board of
 1647  trustees in the performance of its duties. A board of trustees
 1648  shall ask the Chancellor of the Florida Community College System
 1649  Commissioner of Education to authorize an investigation of the
 1650  president’s actions by the State Board of Community College’s
 1651  department’s inspector general if the board considers such
 1652  investigation necessary. The inspector general shall provide a
 1653  report detailing each issue under investigation and shall
 1654  recommend corrective action. If the inspector general identifies
 1655  potential legal violations, he or she shall refer the potential
 1656  legal violations to the Commission on Ethics, the Department of
 1657  Law Enforcement, the Attorney General, or another appropriate
 1658  authority.
 1659         (4)(a) The board of trustees, after considering
 1660  recommendations submitted by the Florida Community College
 1661  System institution president, may adopt rules pursuant to ss.
 1662  120.536(1) and 120.54 to implement the provisions of law
 1663  conferring duties upon it. These rules may supplement those
 1664  prescribed by the State Board of Community Colleges Education if
 1665  they will contribute to the more orderly and efficient operation
 1666  of Florida Community College System institutions.
 1667         (b) Each board of trustees is specifically authorized to
 1668  adopt rules, procedures, and policies, consistent with law and
 1669  rules of the State Board of Community Colleges Education,
 1670  related to its mission and responsibilities as set forth in s.
 1671  1004.65, its governance, personnel, budget and finance,
 1672  administration, programs, curriculum and instruction, buildings
 1673  and grounds, travel and purchasing, technology, students,
 1674  contracts and grants, or college property.
 1675         (5) Each board of trustees shall have responsibility for
 1676  the use, maintenance, protection, and control of Florida
 1677  Community College System institution owned or Florida Community
 1678  College System institution controlled buildings and grounds,
 1679  property and equipment, name, trademarks and other proprietary
 1680  marks, and the financial and other resources of the Florida
 1681  Community College System institution. Such authority may include
 1682  placing restrictions on activities and on access to facilities,
 1683  firearms, food, tobacco, alcoholic beverages, distribution of
 1684  printed materials, commercial solicitation, animals, and sound.
 1685         (6) Each board of trustees has responsibility for the
 1686  establishment and discontinuance of program and course offerings
 1687  in accordance with law and rule; provision for instructional and
 1688  noninstructional community services, location of classes, and
 1689  services provided; and dissemination of information concerning
 1690  such programs and services. New programs must be approved
 1691  pursuant to s. 1004.03.
 1692         (7) Each board of trustees has responsibility for: ensuring
 1693  that students have access to general education courses as
 1694  identified in rule; requiring no more than 60 semester hours of
 1695  degree program coursework, including 36 semester hours of
 1696  general education coursework, for an associate in arts degree;
 1697  notifying students that earned hours in excess of 60 semester
 1698  hours may not be accepted by state universities; notifying
 1699  students of unique program prerequisites; and ensuring that
 1700  degree program coursework beyond general education coursework is
 1701  consistent with degree program prerequisite requirements adopted
 1702  pursuant to s. 1007.25(5).
 1703         (8) Each board of trustees has authority for policies
 1704  related to students, enrollment of students, student records,
 1705  student activities, financial assistance, and other student
 1706  services.
 1707         (a) Each board of trustees shall govern admission of
 1708  students pursuant to s. 1007.263 and rules of the State Board of
 1709  Community Colleges Education. A board of trustees may establish
 1710  additional admissions criteria, which shall be included in the
 1711  dual enrollment articulation agreement developed according to s.
 1712  1007.271(21), to ensure student readiness for postsecondary
 1713  instruction. Each board of trustees may consider the past
 1714  actions of any person applying for admission or enrollment and
 1715  may deny admission or enrollment to an applicant because of
 1716  misconduct if determined to be in the best interest of the
 1717  Florida Community College System institution.
 1718         (b) Each board of trustees shall adopt rules establishing
 1719  student performance standards for the award of degrees and
 1720  certificates pursuant to s. 1004.68.
 1721         (c) Boards of trustees are authorized to establish
 1722  intrainstitutional and interinstitutional programs to maximize
 1723  articulation pursuant to s. 1007.22.
 1724         (d) Boards of trustees shall identify their general
 1725  education curricula pursuant to s. 1007.25(6).
 1726         (e) Each board of trustees must adopt a written antihazing
 1727  policy, provide a program for the enforcement of such rules, and
 1728  adopt appropriate penalties for violations of such rules
 1729  pursuant to the provisions of s. 1006.63.
 1730         (f) Each board of trustees may establish a uniform code of
 1731  conduct and appropriate penalties for violation of its rules by
 1732  students and student organizations, including rules governing
 1733  student academic honesty. Such penalties, unless otherwise
 1734  provided by law, may include fines, the withholding of diplomas
 1735  or transcripts pending compliance with rules or payment of
 1736  fines, and the imposition of probation, suspension, or
 1737  dismissal.
 1738         (g) Each board of trustees pursuant to s. 1006.53 shall
 1739  adopt a policy in accordance with rules of the State Board of
 1740  Community Colleges Education that reasonably accommodates the
 1741  religious observance, practice, and belief of individual
 1742  students in regard to admissions, class attendance, and the
 1743  scheduling of examinations and work assignments.
 1744         (9) A board of trustees may contract with the board of
 1745  trustees of a state university for the Florida Community College
 1746  System institution to provide developmental education on the
 1747  state university campus.
 1748         (10) Each board of trustees shall establish fees pursuant
 1749  to ss. 1009.22, 1009.23, 1009.25, 1009.26, and 1009.27.
 1750         (11) Each board of trustees shall submit an institutional
 1751  budget request, including a request for fixed capital outlay,
 1752  and an operating budget to the State Board of Community Colleges
 1753  Education for review in accordance with guidelines established
 1754  by the State Board of Community Colleges Education.
 1755         (12) Each board of trustees shall account for expenditures
 1756  of all state, local, federal, and other funds in the manner
 1757  described by the State Board of Community Colleges Department of
 1758  Education.
 1759         (13) Each board of trustees is responsible for the uses for
 1760  the proceeds of academic improvement trust funds pursuant to s.
 1761  1011.85.
 1762         (14) Each board of trustees shall develop a strategic plan
 1763  specifying institutional goals and objectives for the Florida
 1764  Community College System institution for recommendation to the
 1765  State Board of Community Colleges Education.
 1766         (15) Each board of trustees shall develop an accountability
 1767  plan pursuant to s. 1008.45.
 1768         (16) Each board of trustees must expend performance funds
 1769  provided for workforce education pursuant to the provisions of
 1770  s. 1011.80.
 1771         (17) Each board of trustees is accountable for performance
 1772  in certificate career education and diploma programs pursuant to
 1773  s. 1008.43.
 1774         (18) Each board of trustees shall establish the personnel
 1775  program for all employees of the Florida Community College
 1776  System institution, including the president, pursuant to the
 1777  provisions of chapter 1012 and rules and guidelines of the State
 1778  Board of Community Colleges Education, including: compensation
 1779  and other conditions of employment; recruitment and selection;
 1780  nonreappointment; standards for performance and conduct;
 1781  evaluation; benefits and hours of work; leave policies;
 1782  recognition; inventions and work products; travel; learning
 1783  opportunities; exchange programs; academic freedom and
 1784  responsibility; promotion; assignment; demotion; transfer;
 1785  ethical obligations and conflict of interest; restrictive
 1786  covenants; disciplinary actions; complaints; appeals and
 1787  grievance procedures; and separation and termination from
 1788  employment.
 1789         (19) Each board of trustees shall appoint, suspend, or
 1790  remove the president of the Florida Community College System
 1791  institution. The board of trustees may appoint a search
 1792  committee. The board of trustees shall conduct annual
 1793  evaluations of the president in accordance with rules of the
 1794  State Board of Community Colleges Education and submit such
 1795  evaluations to the State Board of Community Colleges Education
 1796  for review. The evaluation must address the achievement of the
 1797  performance goals established by the accountability process
 1798  implemented pursuant to s. 1008.45 and the performance of the
 1799  president in achieving the annual and long-term goals and
 1800  objectives established in the Florida Community College System
 1801  institution’s employment accountability program implemented
 1802  pursuant to s. 1012.86.
 1803         (20) Each board of trustees is authorized to enter into
 1804  contracts to provide a State Community College System Optional
 1805  Retirement Program pursuant to s. 1012.875 and to enter into
 1806  consortia with other boards of trustees for this purpose.
 1807         (21) Each board of trustees is authorized to purchase
 1808  annuities for its Florida Community College System institution
 1809  personnel who have 25 or more years of creditable service and
 1810  who have reached age 55 and have applied for retirement under
 1811  the Florida Retirement System pursuant to the provisions of s.
 1812  1012.87.
 1813         (22) A board of trustees may defray all costs of defending
 1814  civil actions against officers, employees, or agents of the
 1815  board of trustees pursuant to s. 1012.85.
 1816         (23) Each board of trustees has authority for risk
 1817  management, safety, security, and law enforcement operations.
 1818  Each board of trustees is authorized to employ personnel,
 1819  including police officers pursuant to s. 1012.88, to carry out
 1820  the duties imposed by this subsection.
 1821         (24) Each board of trustees shall provide rules governing
 1822  parking and the direction and flow of traffic within campus
 1823  boundaries. Except for sworn law enforcement personnel, persons
 1824  employed to enforce campus parking rules have no authority to
 1825  arrest or issue citations for moving traffic violations. The
 1826  board of trustees may adopt a uniform code of appropriate
 1827  penalties for violations. Such penalties, unless otherwise
 1828  provided by law, may include the levying of fines, the
 1829  withholding of diplomas or transcripts pending compliance with
 1830  rules or payment of fines, and the imposition of probation,
 1831  suspension, or dismissal. Moneys collected from parking rule
 1832  infractions shall be deposited in appropriate funds at each
 1833  Florida Community College System institution for student
 1834  financial aid purposes.
 1835         (25) Each board of trustees constitutes the contracting
 1836  agent of the Florida Community College System institution. It
 1837  may when acting as a body make contracts, sue, and be sued in
 1838  the name of the board of trustees. In any suit, a change in
 1839  personnel of the board of trustees shall not abate the suit,
 1840  which shall proceed as if such change had not taken place.
 1841         (26) Each board of trustees is authorized to contract for
 1842  the purchase, sale, lease, license, or acquisition in any
 1843  manner, including purchase by installment or lease-purchase
 1844  contract which may provide for the payment of interest on the
 1845  unpaid portion of the purchase price and for the granting of a
 1846  security interest in the items purchased, subject to the
 1847  provisions of subsection (38) and ss. 1009.22 and 1009.23, of
 1848  goods, materials, equipment, and services required by the
 1849  Florida Community College System institution. The board of
 1850  trustees may choose to consolidate equipment contracts under
 1851  master equipment financing agreements made pursuant to s.
 1852  287.064.
 1853         (27) Each board of trustees shall be responsible for
 1854  managing and protecting real and personal property acquired or
 1855  held in trust for use by and for the benefit of such Florida
 1856  Community College System institution. To that end, any board of
 1857  trustees is authorized to be self-insured, to enter into risk
 1858  management programs, or to purchase insurance for whatever
 1859  coverage it may choose, or to have any combination thereof, in
 1860  anticipation of any loss, damage, or destruction. A board of
 1861  trustees may contract for self-insurance services pursuant to s.
 1862  1004.725.
 1863         (28) Each board of trustees is authorized to enter into
 1864  agreements for, and accept, credit card, charge card, and debit
 1865  card payments as compensation for goods, services, tuition, and
 1866  fees. Each Florida Community College System institution is
 1867  further authorized to establish accounts in credit card, charge
 1868  card, and debit card banks for the deposit of sales invoices.
 1869         (29) Each board of trustees may provide incubator
 1870  facilities to eligible small business concerns pursuant to s.
 1871  1004.79.
 1872         (30) Each board of trustees may establish a technology
 1873  transfer center for the purpose of providing institutional
 1874  support to local business and industry and governmental agencies
 1875  in the application of new research in technology pursuant to the
 1876  provisions of s. 1004.78.
 1877         (31) Each board of trustees may establish economic
 1878  development centers for the purpose of serving as liaisons
 1879  between Florida Community College System institutions and the
 1880  business sector pursuant to the provisions of s. 1004.80.
 1881         (32) Each board of trustees may establish a child
 1882  development training center pursuant to s. 1004.81.
 1883         (33) Each board of trustees is authorized to develop and
 1884  produce work products relating to educational endeavors that are
 1885  subject to trademark, copyright, or patent statutes pursuant to
 1886  chapter 1004.
 1887         (34) Each board of trustees shall administer the facilities
 1888  program pursuant to chapter 1013, including but not limited to:
 1889  the construction of public educational and ancillary plants; the
 1890  acquisition and disposal of property; compliance with building
 1891  and life safety codes; submission of data and information
 1892  relating to facilities and construction; use of buildings and
 1893  grounds; establishment of safety and sanitation programs for the
 1894  protection of building occupants; and site planning and
 1895  selection.
 1896         (35) Each board of trustees may exercise the right of
 1897  eminent domain pursuant to the provisions of chapter 1013.
 1898         (36) Each board of trustees may enter into lease-purchase
 1899  arrangements with private individuals or corporations for
 1900  necessary grounds and buildings for Florida Community College
 1901  System institution purposes, other than dormitories, or for
 1902  buildings other than dormitories to be erected for Florida
 1903  Community College System institution purposes. Such arrangements
 1904  shall be paid from capital outlay and debt service funds as
 1905  provided by s. 1011.84(2), with terms not to exceed 30 years at
 1906  a stipulated rate. The provisions of such contracts, including
 1907  building plans, are subject to approval by the Department of
 1908  Education, and no such contract may be entered into without such
 1909  approval.
 1910         (37) Each board of trustees may purchase, acquire, receive,
 1911  hold, own, manage, lease, sell, dispose of, and convey title to
 1912  real property, in the best interests of the Florida Community
 1913  College System institution.
 1914         (38) Each board of trustees is authorized to enter into
 1915  short-term loans and installment, lease-purchase, and other
 1916  financing contracts for a term of not more than 5 years,
 1917  including renewals, extensions, and refundings. Payments on
 1918  short-term loans and installment, lease-purchase, and other
 1919  financing contracts pursuant to this subsection shall be subject
 1920  to annual appropriation by the board of trustees. Each board of
 1921  trustees is authorized to borrow funds and incur long-term debt,
 1922  including promissory notes, installment sales agreements, lease
 1923  purchase agreements, certificates of participation, and other
 1924  similar long-term financing arrangements, only as specifically
 1925  provided in ss. 1009.22(6) and (9) and 1009.23(11) and (12). At
 1926  the option of the board of trustees, bonds issued pursuant to
 1927  ss. 1009.22(6) and (9) and 1009.23(11) and (12) may be secured
 1928  by a combination of revenues authorized to be pledged to bonds
 1929  pursuant to such subsections. Revenue bonds may not be secured
 1930  by or paid from, directly or indirectly, tuition, financial aid
 1931  fees, the Florida Community College System Program Fund, or any
 1932  other operating revenues of a Florida Community College System
 1933  institution. Lease-purchase agreements may be secured by a
 1934  combination of revenues as specifically authorized pursuant to
 1935  ss. 1009.22(7) and 1009.23(10).
 1936         (39) Each board of trustees shall prescribe conditions for
 1937  direct-support organizations to be certified and to use Florida
 1938  Community College System institution property and services.
 1939  Conditions relating to certification must provide for audit
 1940  review and oversight by the board of trustees.
 1941         (40) Each board of trustees may adopt policies pursuant to
 1942  s. 1010.02 that provide procedures for transferring to the
 1943  direct-support organization of that Florida Community College
 1944  System institution for administration by such organization
 1945  contributions made to the Florida Community College System
 1946  institution.
 1947         (41) The board of trustees shall exert every effort to
 1948  collect all delinquent accounts pursuant to s. 1010.03.
 1949         (42) Each board of trustees shall implement a plan, in
 1950  accordance with guidelines of the State Board of Community
 1951  Colleges Education, for working on a regular basis with the
 1952  other Florida Community College System institution boards of
 1953  trustees, representatives of the university boards of trustees,
 1954  and representatives of the district school boards to achieve the
 1955  goals of the seamless education system.
 1956         (43) Each board of trustees has responsibility for
 1957  compliance with state and federal laws, rules, regulations, and
 1958  requirements.
 1959         (44) Each board of trustees may adopt rules, procedures,
 1960  and policies related to institutional governance,
 1961  administration, and management in order to promote orderly and
 1962  efficient operation, including, but not limited to, financial
 1963  management, budget management, physical plant management, and
 1964  property management.
 1965         (45) Each board of trustees may adopt rules and procedures
 1966  related to data or technology, including, but not limited to,
 1967  information systems, communications systems, computer hardware
 1968  and software, and networks.
 1969         (46) Each board of trustees may consider the past actions
 1970  of any person applying for employment and may deny employment to
 1971  a person because of misconduct if determined to be in the best
 1972  interest of the Florida Community College System institution.
 1973         (47) Each contract or employment agreement, or renewal or
 1974  renegotiation of an existing contract or employment agreement,
 1975  containing a provision for severance pay with an officer, agent,
 1976  employee, or contractor must include the provisions required in
 1977  s. 215.425.
 1978         (48) Each board of trustees shall use purchasing agreements
 1979  and state term contracts pursuant to s. 287.056 or enter into
 1980  consortia and cooperative agreements to maximize the purchasing
 1981  power for goods and services. A consortium or cooperative
 1982  agreement may be statewide, regional, or a combination of
 1983  institutions, as appropriate to achieve the lowest cost, with
 1984  the goal of achieving a 5-percent savings on existing contract
 1985  prices through the use of new cooperative arrangements or new
 1986  consortium contracts.
 1987         Section 22. Section 1001.65, Florida Statutes, is amended
 1988  to read:
 1989         1001.65 Florida Community College System institution
 1990  presidents; powers and duties.—The president is the chief
 1991  executive officer of the Florida Community College System
 1992  institution, shall be corporate secretary of the Florida
 1993  Community College System institution board of trustees, and is
 1994  responsible for the operation and administration of the Florida
 1995  Community College System institution. Each Florida Community
 1996  College System institution president shall:
 1997         (1) Recommend the adoption of rules, as appropriate, to the
 1998  Florida Community College System institution board of trustees
 1999  to implement provisions of law governing the operation and
 2000  administration of the Florida Community College System
 2001  institution, which shall include the specific powers and duties
 2002  enumerated in this section. Such rules shall be consistent with
 2003  law, the mission of the Florida Community College System
 2004  institution, and the rules and policies of the State Board of
 2005  Community Colleges Education.
 2006         (2) Prepare a budget request and an operating budget
 2007  pursuant to s. 1011.30 for approval by the Florida Community
 2008  College System institution board of trustees at such time and in
 2009  such format as the State Board of Community Colleges Education
 2010  may prescribe.
 2011         (3) Establish and implement policies and procedures to
 2012  recruit, appoint, transfer, promote, compensate, evaluate,
 2013  reward, demote, discipline, and remove personnel, within law and
 2014  rules of the State Board of Community College Education and in
 2015  accordance with rules or policies approved by the Florida
 2016  Community College System institution board of trustees.
 2017         (4) Govern admissions, subject to law and rules or policies
 2018  of the Florida Community College System institution board of
 2019  trustees and the State Board of Community Colleges Education.
 2020         (5) Approve, execute, and administer contracts for and on
 2021  behalf of the Florida Community College System institution board
 2022  of trustees for licenses; the acquisition or provision of
 2023  commodities, goods, equipment, and services; leases of real and
 2024  personal property; and planning and construction to be rendered
 2025  to or by the Florida Community College System institution,
 2026  provided such contracts are within law and guidelines of the
 2027  State Board of Community Colleges Education and in conformance
 2028  with policies of the Florida Community College System
 2029  institution board of trustees, and are for the implementation of
 2030  approved programs of the Florida Community College System
 2031  institution.
 2032         (6) Act for the Florida Community College System
 2033  institution board of trustees as custodian of all Florida
 2034  Community College System institution property and financial
 2035  resources. The authority vested in the Florida Community College
 2036  System institution president under this subsection includes the
 2037  authority to prioritize the use of Florida Community College
 2038  System institution space, property, equipment, and resources and
 2039  the authority to impose charges for the use of those items.
 2040         (7) Establish the internal academic calendar of the Florida
 2041  Community College System institution within general guidelines
 2042  of the State Board of Community Colleges Education.
 2043         (8) Administer the Florida Community College System
 2044  institution’s program of intercollegiate athletics.
 2045         (9) Recommend to the board of trustees the establishment
 2046  and termination of programs within the approved role and scope
 2047  of the Florida Community College System institution.
 2048         (10) Award degrees.
 2049         (11) Recommend to the board of trustees a schedule of
 2050  tuition and fees to be charged by the Florida Community College
 2051  System institution, within law and rules of the State Board of
 2052  Community Colleges Education.
 2053         (12) Organize the Florida Community College System
 2054  institution to efficiently and effectively achieve the goals of
 2055  the Florida Community College System institution.
 2056         (13) Review periodically the operations of the Florida
 2057  Community College System institution in order to determine how
 2058  effectively and efficiently the Florida Community College System
 2059  institution is being administered and whether it is meeting the
 2060  goals of its strategic plan adopted by the State Board of
 2061  Community Colleges Education.
 2062         (14) Enter into agreements for student exchange programs
 2063  that involve students at the Florida Community College System
 2064  institution and students in other institutions of higher
 2065  learning.
 2066         (15) Approve the internal procedures of student government
 2067  organizations and provide purchasing, contracting, and budgetary
 2068  review processes for these organizations.
 2069         (16) Ensure compliance with federal and state laws, rules,
 2070  regulations, and other requirements that are applicable to the
 2071  Florida Community College System institution.
 2072         (17) Maintain all data and information pertaining to the
 2073  operation of the Florida Community College System institution,
 2074  and report on the attainment by the Florida Community College
 2075  System institution of institutional and statewide performance
 2076  accountability goals.
 2077         (18) Certify to the department a project’s compliance with
 2078  the requirements for expenditure of PECO funds prior to release
 2079  of funds pursuant to the provisions of chapter 1013.
 2080         (19) Provide to the law enforcement agency and fire
 2081  department that has jurisdiction over the Florida Community
 2082  College System institution a copy of the floor plans and other
 2083  relevant documents for each educational facility as defined in
 2084  s. 1013.01(6). After the initial submission of the floor plans
 2085  and other relevant documents, the Florida Community College
 2086  System institution president shall submit, by October 1 of each
 2087  year, revised floor plans and other relevant documents for each
 2088  educational facility that was modified during the preceding
 2089  year.
 2090         (20) Develop and implement jointly with school
 2091  superintendents a comprehensive dual enrollment articulation
 2092  agreement for the students enrolled in their respective school
 2093  districts and service areas pursuant to s. 1007.271(21).
 2094         (21) Have authority, after notice to the student of the
 2095  charges and after a hearing thereon, to expel, suspend, or
 2096  otherwise discipline any student who is found to have violated
 2097  any law, ordinance, or rule or regulation of the State Board of
 2098  Community Colleges Education or of the board of trustees of the
 2099  Florida Community College System institution pursuant to the
 2100  provisions of s. 1006.62.
 2101         (22) Submit an annual employment accountability plan to the
 2102  State Board of Community Colleges Department of Education
 2103  pursuant to the provisions of s. 1012.86.
 2104         (23) Annually evaluate, or have a designee annually
 2105  evaluate, each department chairperson, dean, provost, and vice
 2106  president in achieving the annual and long-term goals and
 2107  objectives of the Florida Community College System institution’s
 2108  employment accountability plan.
 2109         (24) Have vested with the president or the president’s
 2110  designee the authority that is vested with the Florida Community
 2111  College System institution.
 2112         Section 23. Section 1001.66, Florida Statutes, is amended
 2113  to read:
 2114         1001.66  Florida Community College System Performance-Based
 2115  Incentive.—
 2116         (1) A Florida Community College System Performance-Based
 2117  Incentive shall be awarded to Florida Community College System
 2118  institutions using performance-based metrics adopted by the
 2119  State Board of Community Colleges Education. The performance
 2120  based metrics must include retention rates; program completion
 2121  and graduation rates; postgraduation employment, salaries, and
 2122  continuing education for workforce education and baccalaureate
 2123  programs, with wage thresholds that reflect the added value of
 2124  the certificate or degree; and outcome measures appropriate for
 2125  associate of arts degree recipients. The state board shall adopt
 2126  benchmarks to evaluate each institution’s performance on the
 2127  metrics to measure the institution’s achievement of
 2128  institutional excellence or need for improvement and the minimum
 2129  requirements for eligibility to receive performance funding.
 2130         (2) Each fiscal year, the amount of funds available for
 2131  allocation to the Florida Community College System institutions
 2132  based on the performance-based funding model shall consist of
 2133  the state’s investment in performance funding plus institutional
 2134  investments consisting of funds to be redistributed from the
 2135  base funding of the Florida Community College System Program
 2136  Fund as determined in the General Appropriations Act. The State
 2137  Board of Community Colleges Education shall establish minimum
 2138  performance funding eligibility thresholds for the state’s
 2139  investment and the institutional investments. An institution
 2140  that meets the minimum institutional investment eligibility
 2141  threshold, but fails to meet the minimum state investment
 2142  eligibility threshold, shall have its institutional investment
 2143  restored but is ineligible for a share of the state’s investment
 2144  in performance funding. The institutional investment shall be
 2145  restored for all institutions eligible for the state’s
 2146  investment under the performance-based funding model.
 2147         (3)(a) Each Florida Community College System institution’s
 2148  share of the performance funding shall be calculated based on
 2149  its relative performance on the established metrics in
 2150  conjunction with the institutional size and scope.
 2151         (b) A Florida Community College System institution that
 2152  fails to meet the State Board of Community Colleges’ Education’s
 2153  minimum institutional investment performance funding eligibility
 2154  threshold shall have a portion of its institutional investment
 2155  withheld by the state board and must submit an improvement plan
 2156  to the state board which specifies the activities and strategies
 2157  for improving the institution’s performance. The state board
 2158  must review and approve the improvement plan and, if the plan is
 2159  approved, must monitor the institution’s progress in
 2160  implementing the activities and strategies specified in the
 2161  improvement plan. The institution shall submit monitoring
 2162  reports to the state board by December 31 and May 31 of each
 2163  year in which an improvement plan is in place. Beginning in the
 2164  2017-2018 fiscal year, the ability of an institution to submit
 2165  an improvement plan to the state board is limited to 1 fiscal
 2166  year.
 2167         (c) The Chancellor of the Florida Community College System
 2168  Commissioner of Education shall withhold disbursement of the
 2169  institutional investment until the monitoring report is approved
 2170  by the State Board of Community Colleges Education. A Florida
 2171  Community College System institution determined by the state
 2172  board to be making satisfactory progress on implementing the
 2173  improvement plan shall receive no more than one-half of the
 2174  withheld institutional investment in January and the balance of
 2175  the withheld institutional investment in June. An institution
 2176  that fails to make satisfactory progress may not have its full
 2177  institutional investment restored. Any institutional investment
 2178  funds that are not restored shall be redistributed in accordance
 2179  with the state board’s performance-based metrics.
 2180         (4) Distributions of performance funding, as provided in
 2181  this section, shall be made to each of the Florida Community
 2182  College System institutions listed in the Florida Community
 2183  Colleges category in the General Appropriations Act.
 2184         (5) By October 1 of each year, the State Board of Community
 2185  Colleges Education shall submit to the Governor, the President
 2186  of the Senate, and the Speaker of the House of Representatives a
 2187  report on the previous fiscal year’s performance funding
 2188  allocation, which must reflect the rankings and award
 2189  distributions.
 2190         (6) The State Board of Community Colleges Education shall
 2191  adopt rules to administer this section.
 2192         Section 24. Section 1001.67, Florida Statutes, is amended
 2193  to read:
 2194         1001.67 Distinguished Florida Community College System
 2195  Institution Program.—A collaborative partnership is established
 2196  between the State Board of Community Colleges Education and the
 2197  Legislature to recognize the excellence of Florida’s highest
 2198  performing Florida Community College System institutions.
 2199         (1) EXCELLENCE STANDARDS.—The following excellence
 2200  standards are established for the program:
 2201         (a) A 150 percent-of-normal-time completion rate of 50
 2202  percent or higher, as calculated by the Division of Florida
 2203  Colleges.
 2204         (b) A 150 percent-of-normal-time completion rate for Pell
 2205  Grant recipients of 40 percent or higher, as calculated by the
 2206  State Board of Community Division of Florida Colleges.
 2207         (c) A retention rate of 70 percent or higher, as calculated
 2208  by the State Board of Community Division of Florida Colleges.
 2209         (d) A continuing education, or transfer, rate of 72 percent
 2210  or higher for students graduating with an associate of arts
 2211  degree, as reported by the Florida Education and Training
 2212  Placement Information Program (FETPIP).
 2213         (e) A licensure passage rate on the National Council
 2214  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 2215  percent or higher for first-time exam takers, as reported by the
 2216  Board of Nursing.
 2217         (f) A job placement or continuing education rate of 88
 2218  percent or higher for workforce programs, as reported by FETPIP.
 2219         (g) A time-to-degree for students graduating with an
 2220  associate of arts degree of 2.25 years or less for first-time
 2221  in-college students with accelerated college credits, as
 2222  reported by the Southern Regional Education Board.
 2223         (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 2224  Community Colleges Education shall designate each Florida
 2225  Community College System institution that meets five of the
 2226  seven standards identified in subsection (1) as a distinguished
 2227  college.
 2228         (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida Community
 2229  College System institution designated as a distinguished college
 2230  by the State Board of Community Colleges Education is eligible
 2231  for funding as specified in the General Appropriations Act.
 2232         Section 25. Subsection (9) of section 1001.706, Florida
 2233  Statutes, is amended to read:
 2234         1001.706 Powers and duties of the Board of Governors.—
 2235         (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
 2236  shall implement a plan for working on a regular basis with the
 2237  State Board of Education, the State Board of Community Colleges,
 2238  the Commission for Independent Education, the Higher Education
 2239  Coordinating Council, the Articulation Coordinating Committee,
 2240  the university boards of trustees, representatives of the
 2241  Florida Community College System institution boards of trustees,
 2242  representatives of the private colleges and universities, and
 2243  representatives of the district school boards to achieve a
 2244  seamless education system.
 2245         Section 26. Subsections (1) and (18) of section 1002.34,
 2246  Florida Statutes, are amended to read:
 2247         1002.34 Charter technical career centers; governance,
 2248  mission, and responsibilities.—
 2249         (1) MISSION AND AUTHORIZATION.—
 2250         (a) The primary mission of a charter technical career
 2251  center is to promote The Legislature finds that the
 2252  establishment of charter technical career centers can assist in
 2253  promoting advances and innovations in workforce preparation and
 2254  economic development. A charter technical career center may
 2255  provide a learning environment that better serves the needs of a
 2256  specific population group or a group of occupations, thus
 2257  promoting diversity and choices within the public education and
 2258  public postsecondary technical education community in this
 2259  state. Therefore, the creation of such centers is authorized as
 2260  part of the state’s program of public education. A charter
 2261  technical career center may be formed by creating a new school
 2262  or converting an existing school district or Florida Community
 2263  College System institution program to charter technical status.
 2264         (b) A charter technical career center that is operated by a
 2265  district school board may not offer a college credit course or a
 2266  college credit certificate or an associate degree or
 2267  baccalaureate degree program.
 2268         (18) RULES.—The State Board of Education, for technical
 2269  centers operated by school districts, and the State Board of
 2270  Community Colleges, for technical centers operated by Florida
 2271  Community College System institutions, shall adopt rules,
 2272  pursuant to ss. 120.536(1) and 120.54, relating to the
 2273  implementation of charter technical career centers, including
 2274  rules to implement a charter model application form and an
 2275  evaluation instrument in accordance with this section.
 2276         Section 27. Paragraph (b) of subsection (4) of section
 2277  1003.491, Florida Statutes, is amended to read:
 2278         1003.491 Florida Career and Professional Education Act.—The
 2279  Florida Career and Professional Education Act is created to
 2280  provide a statewide planning partnership between the business
 2281  and education communities in order to attract, expand, and
 2282  retain targeted, high-value industry and to sustain a strong,
 2283  knowledge-based economy.
 2284         (4) The State Board of Education shall establish a process
 2285  for the continual and uninterrupted review of newly proposed
 2286  core secondary courses and existing courses requested to be
 2287  considered as core courses to ensure that sufficient rigor and
 2288  relevance is provided for workforce skills and postsecondary
 2289  education and aligned to state curriculum standards.
 2290         (b) The curriculum review committee shall review newly
 2291  proposed core courses electronically. Each proposed core course
 2292  shall be approved or denied within 30 days after submission by a
 2293  district school board or local workforce development board. All
 2294  courses approved as core courses for purposes of middle school
 2295  promotion and high school graduation shall be immediately added
 2296  to the Course Code Directory. Approved core courses shall also
 2297  be reviewed and considered for approval for dual enrollment
 2298  credit. The Board of Governors, the State Board of Community
 2299  Colleges, and the Commissioner of Education shall jointly
 2300  recommend an annual deadline for approval of new core courses to
 2301  be included for purposes of postsecondary admissions and dual
 2302  enrollment credit the following academic year. The State Board
 2303  of Education shall establish an appeals process in the event
 2304  that a proposed course is denied which shall require a consensus
 2305  ruling by the Department of Economic Opportunity and the
 2306  Commissioner of Education within 15 days.
 2307         Section 28. Paragraph (b) of subsection (4) of section
 2308  1003.493, Florida Statutes, is amended to read:
 2309         1003.493 Career and professional academies and career
 2310  themed courses.—
 2311         (4) Each career and professional academy and secondary
 2312  school providing a career-themed course must:
 2313         (b) Include one or more partnerships with postsecondary
 2314  institutions, businesses, industry, employers, economic
 2315  development organizations, or other appropriate partners from
 2316  the local community. Such partnerships with postsecondary
 2317  institutions shall be delineated in articulation agreements and
 2318  include any career and professional academy courses or career
 2319  themed courses that earn postsecondary credit. Such agreements
 2320  may include articulation between the secondary school and public
 2321  or private 2-year and 4-year postsecondary institutions and
 2322  technical centers. The Department of Education, in consultation
 2323  with the Board of Governors and the State Board of Community
 2324  Colleges, shall establish a mechanism to ensure articulation and
 2325  transfer of credits to postsecondary institutions in this state.
 2326  Such partnerships must provide opportunities for:
 2327         1. Instruction from highly skilled professionals who
 2328  possess industry-certification credentials for courses they are
 2329  teaching.
 2330         2. Internships, externships, and on-the-job training.
 2331         3. A postsecondary degree, diploma, or certificate.
 2332         4. The highest available level of industry certification.
 2333         5. Maximum articulation of credits pursuant to s. 1007.23
 2334  upon program completion.
 2335         Section 29. Subsections (4), (5), and (6) of section
 2336  1004.015, Florida Statutes, are amended to read:
 2337         1004.015 Higher Education Coordinating Council.—
 2338         (4) The council shall serve as an advisory board to the
 2339  Legislature, the State Board of Education, and the Board of
 2340  Governors, and the State Board of Community Colleges.
 2341  Recommendations of the council shall be consistent with the
 2342  following guiding principles:
 2343         (a) To achieve within existing resources a seamless
 2344  academic educational system that fosters an integrated continuum
 2345  of kindergarten through graduate school education for Florida’s
 2346  students.
 2347         (b) To promote consistent education policy across all
 2348  educational delivery systems, focusing on students.
 2349         (c) To promote substantially improved articulation across
 2350  all educational delivery systems.
 2351         (d) To promote a system that maximizes educational access
 2352  and allows the opportunity for a high-quality education for all
 2353  Floridians.
 2354         (e) To promote a system of coordinated and consistent
 2355  transfer of credit and data collection for improved
 2356  accountability purposes between the educational delivery
 2357  systems.
 2358         (5) The council shall annually by December 31 submit to the
 2359  Governor, the President of the Senate, the Speaker of the House
 2360  of Representatives, the Board of Governors, the State Board of
 2361  Community Colleges, and the State Board of Education a report
 2362  outlining its recommendations relating to:
 2363         (a) The primary core mission of public and nonpublic
 2364  postsecondary education institutions in the context of state
 2365  access demands and economic development goals.
 2366         (b) Performance outputs and outcomes designed to meet
 2367  annual and long-term state goals, including, but not limited to,
 2368  increased student access, preparedness, retention, transfer, and
 2369  completion. Performance measures must be consistent across
 2370  sectors and allow for a comparison of the state’s performance to
 2371  that of other states.
 2372         (c) The state’s articulation policies and practices to
 2373  ensure that cost benefits to the state are maximized without
 2374  jeopardizing quality. The recommendations shall consider return
 2375  on investment for both the state and students and propose
 2376  systems to facilitate and ensure institutional compliance with
 2377  state articulation policies.
 2378         (d) Workforce development education, specifically
 2379  recommending improvements to the consistency of workforce
 2380  education data collected and reported by Florida Community
 2381  College System institutions and school districts, including the
 2382  establishment of common elements and definitions for any data
 2383  that is used for state and federal funding and program
 2384  accountability.
 2385         (6) The Office of K-20 Articulation, in collaboration with
 2386  the Board of Governors and the State Board of Community Division
 2387  of Florida Colleges, shall provide administrative support for
 2388  the council.
 2389         Section 30. Subsection (7) of section 1004.02, Florida
 2390  Statutes, is amended to read:
 2391         1004.02 Definitions.—As used in this chapter:
 2392         (7) “Applied technology diploma program” means a course of
 2393  study that is part of a technical degree program, is less than
 2394  60 credit hours, and leads to employment in a specific
 2395  occupation. An applied technology diploma program may consist of
 2396  either technical credit or college credit. A public school
 2397  district may offer an applied technology diploma program only as
 2398  technical credit, with college credit awarded to a student upon
 2399  articulation to a Florida Community College System institution.
 2400  Statewide articulation among public schools and Florida
 2401  Community College System institutions is guaranteed by s.
 2402  1007.23, and is subject to guidelines and standards adopted by
 2403  the State Board of Community Colleges Education pursuant to ss.
 2404  1007.24 and 1007.25.
 2405         Section 31. Subsection (2) of section 1004.03, Florida
 2406  Statutes, is amended to read:
 2407         1004.03 Program approval.—
 2408         (2) The State Board of Community Colleges Education shall
 2409  establish criteria for the approval of new programs at Florida
 2410  Community College System institutions, which criteria include,
 2411  but are not limited to, the following:
 2412         (a) New programs may not be approved unless the same
 2413  objectives cannot be met through use of educational technology.
 2414         (b) Unnecessary duplication of programs offered by
 2415  independent institutions shall be avoided.
 2416         (c) Cooperative programs, particularly within regions,
 2417  should be encouraged.
 2418         (d) New programs may be approved only if they are
 2419  consistent with the state master plan adopted by the State Board
 2420  of Community Colleges Education.
 2421         Section 32. Paragraph (f) of subsection (4) of section
 2422  1004.04, Florida Statutes, is amended to read:
 2423         1004.04 Public accountability and state approval for
 2424  teacher preparation programs.—
 2425         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2426  teacher preparation program shall be based upon evidence that
 2427  the program continues to implement the requirements for initial
 2428  approval and upon significant, objective, and quantifiable
 2429  measures of the program and the performance of the program
 2430  completers.
 2431         (f) By January 1 of each year, the Department of Education
 2432  shall report the results of each approved program’s annual
 2433  progress on the performance measures in paragraph (a) as well as
 2434  the current approval status of each program to:
 2435         1. The Governor.
 2436         2. The President of the Senate.
 2437         3. The Speaker of the House of Representatives.
 2438         4. The State Board of Education.
 2439         5. The Board of Governors.
 2440         6. The State Board of Community Colleges.
 2441         7. The Commissioner of Education.
 2442         8.7. Each Florida postsecondary teacher preparation
 2443  program.
 2444         9.8. Each district school superintendent.
 2445         10.9. The public.
 2446  
 2447  This report may include the results of other continued approval
 2448  requirements provided by State Board of Education rule and
 2449  recommendations for improving teacher preparation programs in
 2450  the state.
 2451         Section 33. Section 1004.07, Florida Statutes, is amended
 2452  to read:
 2453         1004.07 Student withdrawal from courses due to military
 2454  service; effect.—
 2455         (1) Each district school board, Florida Community College
 2456  System institution board of trustees, and state university board
 2457  of trustees shall establish policies regarding currently
 2458  enrolled students who are called to, or enlist in, active
 2459  military service.
 2460         (2) Such policies must shall provide that any student
 2461  enrolled in a postsecondary course or courses at a career
 2462  center, a Florida Community College System institution, or a
 2463  state university may shall not incur academic or financial
 2464  penalties by virtue of performing military service on behalf of
 2465  our country. Such student shall be permitted the option of
 2466  either completing the course or courses at a later date without
 2467  penalty or withdrawing from the course or courses with a full
 2468  refund of fees paid. If the student chooses to withdraw, the
 2469  student’s record shall reflect that the withdrawal is due to
 2470  active military service.
 2471         (3) Policies of district school boards must and Florida
 2472  College System institution boards of trustees shall be
 2473  established by rule and pursuant to guidelines of the State
 2474  Board of Education.
 2475         (4) Policies of state university boards of trustees must
 2476  shall be established by regulation and pursuant to guidelines of
 2477  the Board of Governors.
 2478         (5) Policies of Florida Community College System
 2479  institution boards of trustees must be established by rule and
 2480  pursuant to guidelines of the State Board of Community Colleges.
 2481         Section 34. Section 1004.084, Florida Statutes, is amended
 2482  to read:
 2483         1004.084 College affordability.—
 2484         (1) The Board of Governors and the State Board of Community
 2485  Colleges Education shall annually identify strategies to promote
 2486  college affordability for all Floridians by evaluating, at a
 2487  minimum, the impact of:
 2488         (a) Tuition and fees on undergraduate, graduate, and
 2489  professional students at public colleges and universities and
 2490  graduate assistants employed by public universities.
 2491         (b) Federal, state, and institutional financial aid
 2492  policies on the actual cost of attendance for students and their
 2493  families.
 2494         (c) The costs of textbooks and instructional materials.
 2495         (2) By December 31 of each year, beginning in 2016, the
 2496  Board of Governors and the State Board of Community Colleges
 2497  Education shall submit a report on their respective college
 2498  affordability initiatives to the Governor, the President of the
 2499  Senate, and the Speaker of the House of Representatives.
 2500         Section 35. Paragraph (d) of subsection (3) and subsections
 2501  (6), (7), and (8) of section 1004.085, Florida Statutes, are
 2502  amended to read:
 2503         1004.085 Textbook and instructional materials
 2504  affordability.—
 2505         (3) An employee may receive:
 2506         (d) Fees associated with activities such as reviewing,
 2507  critiquing, or preparing support materials for textbooks or
 2508  instructional materials pursuant to guidelines adopted by the
 2509  State Board of Community Colleges Education or the Board of
 2510  Governors.
 2511         (6) Each Florida Community College System institution and
 2512  state university shall post prominently in the course
 2513  registration system and on its website, as early as is feasible,
 2514  but at least 45 days before the first day of class for each
 2515  term, a hyperlink to lists of required and recommended textbooks
 2516  and instructional materials for at least 95 percent of all
 2517  courses and course sections offered at the institution during
 2518  the upcoming term. The lists must include the International
 2519  Standard Book Number (ISBN) for each required and recommended
 2520  textbook and instructional material or other identifying
 2521  information, which must include, at a minimum, all of the
 2522  following: the title, all authors listed, publishers, edition
 2523  number, copyright date, published date, and other relevant
 2524  information necessary to identify the specific textbooks or
 2525  instructional materials required and recommended for each
 2526  course. The State Board of Community Colleges Education and the
 2527  Board of Governors shall include in the policies, procedures,
 2528  and guidelines adopted under subsection (7) certain limited
 2529  exceptions to this notification requirement for classes added
 2530  after the notification deadline.
 2531         (7) After receiving input from students, faculty,
 2532  bookstores, and publishers, the State Board of Community
 2533  Colleges Education and the Board of Governors each shall adopt
 2534  textbook and instructional materials affordability policies,
 2535  procedures, and guidelines for implementation by Florida
 2536  Community College System institutions and state universities,
 2537  respectively, that further efforts to minimize the cost of
 2538  textbooks and instructional materials for students attending
 2539  such institutions while maintaining the quality of education and
 2540  academic freedom. The policies, procedures, and guidelines shall
 2541  address:
 2542         (a) The establishment of deadlines for an instructor or
 2543  department to notify the bookstore of required and recommended
 2544  textbooks and instructional materials so that the bookstore may
 2545  verify availability, source lower cost options when practicable,
 2546  explore alternatives with faculty when academically appropriate,
 2547  and maximize the availability of used textbooks and
 2548  instructional materials.
 2549         (b) Confirmation by the course instructor or academic
 2550  department offering the course, before the textbook or
 2551  instructional materials adoption is finalized, of the intent to
 2552  use all items ordered, particularly each individual item sold as
 2553  part of a bundled package.
 2554         (c) Determination by a course instructor or the academic
 2555  department offering the course, before a textbook or
 2556  instructional material is adopted, of the extent to which a new
 2557  edition differs significantly and substantively from earlier
 2558  versions and the value to the student of changing to a new
 2559  edition or the extent to which an open-access textbook or
 2560  instructional material is available.
 2561         (d) The availability of required and recommended textbooks
 2562  and instructional materials to students otherwise unable to
 2563  afford the cost, including consideration of the extent to which
 2564  an open-access textbook or instructional material may be used.
 2565         (e) Participation by course instructors and academic
 2566  departments in the development, adaptation, and review of open
 2567  access textbooks and instructional materials and, in particular,
 2568  open-access textbooks and instructional materials for high
 2569  demand general education courses.
 2570         (f) Consultation with school districts to identify
 2571  practices that impact the cost of dual enrollment textbooks and
 2572  instructional materials to school districts, including, but not
 2573  limited to, the length of time that textbooks and instructional
 2574  materials remain in use.
 2575         (g) Selection of textbooks and instructional materials
 2576  through cost-benefit analyses that enable students to obtain the
 2577  highest-quality product at the lowest available price, by
 2578  considering:
 2579         1. Purchasing digital textbooks in bulk.
 2580         2. Expanding the use of open-access textbooks and
 2581  instructional materials.
 2582         3. Providing rental options for textbooks and instructional
 2583  materials.
 2584         4. Increasing the availability and use of affordable
 2585  digital textbooks and learning objects.
 2586         5. Developing mechanisms to assist in buying, renting,
 2587  selling, and sharing textbooks and instructional materials.
 2588         6. The length of time that textbooks and instructional
 2589  materials remain in use.
 2590         7. An evaluation of cost savings for textbooks and
 2591  instructional materials which a student may realize if
 2592  individual students are able to exercise opt-in provisions for
 2593  the purchase of the materials.
 2594         (8) The board of trustees of each Florida Community College
 2595  System institution and state university shall report, by
 2596  September 30 of each year, beginning in 2016, to the Chancellor
 2597  of the Florida Community College System or the Chancellor of the
 2598  State University System, as applicable, the textbook and
 2599  instructional materials selection process for general education
 2600  courses with a wide cost variance identified pursuant to
 2601  subsection (4) and high-enrollment courses; specific initiatives
 2602  of the institution designed to reduce the costs of textbooks and
 2603  instructional materials; policies implemented in accordance with
 2604  subsection (6); the number of courses and course sections that
 2605  were not able to meet the textbook and instructional materials
 2606  posting deadline for the previous academic year; and any
 2607  additional information determined by the chancellors. By
 2608  November 1 of each year, beginning in 2016, each chancellor
 2609  shall provide a summary of the information provided by
 2610  institutions to the State Board of Community Colleges Education
 2611  and the Board of Governors, as applicable.
 2612         Section 36. Section 1004.096, Florida Statutes, is amended
 2613  to read:
 2614         1004.096 College credit for military training and education
 2615  courses.—The Board of Governors shall adopt regulations and the
 2616  State Board of Community Colleges Education shall adopt rules
 2617  that enable eligible servicemembers or veterans of the United
 2618  States Armed Forces to earn academic college credit at public
 2619  postsecondary educational institutions for college-level
 2620  training and education acquired in the military. The regulations
 2621  and rules shall include procedures for credential evaluation and
 2622  the award of academic college credit, including, but not limited
 2623  to, equivalency and alignment of military coursework with
 2624  appropriate college courses, course descriptions, type and
 2625  amount of college credit that may be awarded, and transfer of
 2626  credit.
 2627         Section 37. Section 1004.0961, Florida Statutes, is amended
 2628  to read:
 2629         1004.0961 Credit for online courses.—Beginning in the 2015
 2630  2016 school year, The State Board of Community Colleges
 2631  Education shall adopt rules and the Board of Governors shall
 2632  adopt regulations that enable students to earn academic credit
 2633  for online courses, including massive open online courses,
 2634  before initial enrollment at a postsecondary institution. The
 2635  rules of the State Board of Community Colleges Education and
 2636  regulations of the Board of Governors must include procedures
 2637  for credential evaluation and the award of credit, including,
 2638  but not limited to, recommendations for credit by the American
 2639  Council on Education; equivalency and alignment of coursework
 2640  with appropriate courses; course descriptions; type and amount
 2641  of credit that may be awarded; and transfer of credit.
 2642         Section 38. Section 1004.35, Florida Statutes, is amended
 2643  to read:
 2644         1004.35 Broward County campuses of Florida Atlantic
 2645  University; coordination with other institutions.—The State
 2646  Board of Community Colleges Education, the Board of Governors,
 2647  and Florida Atlantic University shall consult with Broward
 2648  College and Florida International University in coordinating
 2649  course offerings at the postsecondary level in Broward County.
 2650  Florida Atlantic University may contract with the Board of
 2651  Trustees of Broward College and with Florida International
 2652  University to provide instruction in courses offered at the
 2653  Southeast Campus. Florida Atlantic University shall increase
 2654  course offerings at the Southeast Campus as facilities become
 2655  available.
 2656         Section 39. Paragraphs (c) and (d) of subsection (5) and
 2657  subsections (8) and (9) of section 1004.6495, Florida Statutes,
 2658  are amended to read:
 2659         1004.6495 Florida Postsecondary Comprehensive Transition
 2660  Program and Florida Center for Students with Unique Abilities.—
 2661         (5) CENTER RESPONSIBILITIES.—The Florida Center for
 2662  Students with Unique Abilities is established within the
 2663  University of Central Florida. At a minimum, the center shall:
 2664         (c) Create the application for the initial approval and
 2665  renewal of approval as an FPCTP for use by an eligible
 2666  institution which, at a minimum, must align with the federal
 2667  comprehensive transition and postsecondary program application
 2668  requirements. Notwithstanding the program approval requirements
 2669  of s. 1004.03, the director shall review applications for the
 2670  initial approval of an application for, or renewal of approval
 2671  of, an FPCTP.
 2672         1. Within 30 days after receipt of an application, the
 2673  director shall issue his or her recommendation regarding
 2674  approval to the Chancellor of the State University System, or
 2675  the Chancellor of the Florida Community College System, or the
 2676  Commissioner of Education, as applicable, or shall give written
 2677  notice to the applicant of any deficiencies in the application,
 2678  which the eligible institution must be given an opportunity to
 2679  correct. Within 15 days after receipt of a notice of
 2680  deficiencies, an eligible institution that chooses to continue
 2681  to seek program approval shall correct the application
 2682  deficiencies and return the application to the center. Within 30
 2683  days after receipt of a revised application, the director shall
 2684  recommend approval or disapproval of the revised application to
 2685  the applicable chancellor or the commissioner, as applicable.
 2686  Within 15 days after receipt of the director’s recommendation,
 2687  the applicable chancellor or the commissioner shall approve or
 2688  disapprove the recommendation. If the applicable chancellor or
 2689  the commissioner does not act on the director’s recommendation
 2690  within 15 days after receipt of such recommendation, the
 2691  comprehensive transition program proposed by the institution
 2692  shall be considered approved.
 2693         2. Initial approval of an application for an FPCTP that
 2694  meets the requirements of this section is valid for the 3
 2695  academic years immediately following the academic year during
 2696  which the approval is granted. An eligible institution may
 2697  submit an application to the center requesting that the initial
 2698  approval be renewed. If the approval is granted and the FPCTP
 2699  continues to meet the requirements of this section, including,
 2700  but not limited to, program and student performance outcomes,
 2701  and federal requirements, a renewal is valid for the 5 academic
 2702  years immediately following the academic year during which the
 2703  renewal is granted.
 2704         3. An application must, at a minimum:
 2705         a. Identify a credential associated with the proposed
 2706  program which will be awarded to eligible students upon
 2707  completion of the FPCTP.
 2708         b. Outline the program length and design, including, at a
 2709  minimum, inclusive and successful experiential education
 2710  practices relating to curricular, assessment, and advising
 2711  structure and internship and employment opportunities, which
 2712  must support students with intellectual disabilities who are
 2713  seeking to continue academic, career and technical, and
 2714  independent living instruction at an eligible institution,
 2715  including, but not limited to, opportunities to earn industry
 2716  certifications, to prepare students for gainful employment. If
 2717  an eligible institution offers a credit-bearing degree program,
 2718  the institution is responsible for maintaining the rigor and
 2719  effectiveness of a comprehensive transition degree program at
 2720  the same level as other comparable degree programs offered by
 2721  the institution pursuant to applicable accreditation standards.
 2722         c. Outline a plan for students with intellectual
 2723  disabilities to be integrated socially and academically with
 2724  nondisabled students, to the maximum extent possible, and to
 2725  participate on not less than a half-time basis, as determined by
 2726  the eligible institution, with such participation focusing on
 2727  academic components and occurring through one or more of the
 2728  following activities with nondisabled students:
 2729         (I) Regular enrollment in credit-bearing courses offered by
 2730  the institution.
 2731         (II) Auditing or participating in courses offered by the
 2732  institution for which the student does not receive academic
 2733  credit.
 2734         (III) Enrollment in noncredit-bearing, nondegree courses.
 2735         (IV) Participation in internships or work-based training.
 2736         d. Outline a plan for partnerships with businesses to
 2737  promote experiential training and employment opportunities for
 2738  students with intellectual disabilities.
 2739         e. Identify performance indicators pursuant to subsection
 2740  (8) and other requirements identified by the center.
 2741         f. Outline a 5-year plan incorporating enrollment and
 2742  operational expectations for the program.
 2743         (d) Provide technical assistance regarding programs and
 2744  services for students with intellectual disabilities to
 2745  administrators, instructors, staff, and others, as applicable,
 2746  at eligible institutions by:
 2747         1. Holding meetings and annual workshops to share
 2748  successful practices and to address issues or concerns.
 2749         2. Facilitating collaboration between eligible institutions
 2750  and school districts, private schools operating pursuant to s.
 2751  1002.42, and parents of students enrolled in home education
 2752  programs operating pursuant to s. 1002.41 in assisting students
 2753  with intellectual disabilities and their parents to plan for the
 2754  transition of such students into an FPCTP or another program at
 2755  an eligible institution.
 2756         3. Assisting eligible institutions with FPCTP and federal
 2757  comprehensive transition and postsecondary program applications.
 2758         4. Assisting eligible institutions with the identification
 2759  of funding sources for an FPCTP and for student financial
 2760  assistance for students enrolled in an FPCTP.
 2761         5. Monitoring federal and state law relating to the
 2762  comprehensive transition program and notifying the Legislature,
 2763  the Governor, the Board of Governors, the State Board of
 2764  Community Colleges, and the State Board of Education of any
 2765  change in law which may impact the implementation of this
 2766  section.
 2767         (8) ACCOUNTABILITY.—
 2768         (a) The center, in collaboration with the Board of
 2769  Governors and the State Board of Community Colleges Education,
 2770  shall identify indicators for the satisfactory progress of a
 2771  student in an FPCTP and for the performance of such programs.
 2772  Each eligible institution must address the indicators identified
 2773  by the center in its application for the approval of a proposed
 2774  program and for the renewal of an FPCTP and in the annual report
 2775  that the institution submits to the center.
 2776         (b) By October 1 of each year, the center shall provide to
 2777  the Governor, the President of the Senate, the Speaker of the
 2778  House of Representatives, the Chancellor of the State University
 2779  System, and the Chancellor of the Florida Community College
 2780  System Commissioner of Education a report summarizing
 2781  information including, but not limited to:
 2782         1. The status of the statewide coordination of FPCTPs and
 2783  the implementation of FPCTPs at eligible institutions including,
 2784  but not limited to:
 2785         a. The number of applications approved and disapproved and
 2786  the reasons for each disapproval and no action taken by the
 2787  chancellor or the commissioner.
 2788         b. The number and value of all scholarships awarded to
 2789  students and undisbursed advances remitted to the center
 2790  pursuant to subsection (7).
 2791         2. Indicators identified by the center pursuant to
 2792  paragraph (a) and the performance of each eligible institution
 2793  based on the indicators identified in paragraph (6)(c).
 2794         3. The projected number of students with intellectual
 2795  disabilities who may be eligible to enroll in the FPCTPs within
 2796  the next academic year.
 2797         4. Education programs and services for students with
 2798  intellectual disabilities which are available at eligible
 2799  institutions.
 2800         (c) Beginning in the 2016-2017 fiscal year, the center, in
 2801  collaboration with the Board of Governors, State Board of
 2802  Community Colleges Education, Higher Education Coordinating
 2803  Council, and other stakeholders, by December 1 of each year,
 2804  shall submit to the Governor, the President of the Senate, and
 2805  the Speaker of the House of Representatives statutory and budget
 2806  recommendations for improving the implementation and delivery of
 2807  FPCTPs and other education programs and services for students
 2808  with disabilities.
 2809         (9) RULES.—The Board of Governors and the State Board of
 2810  Community Colleges Education, in consultation with the center,
 2811  shall expeditiously adopt any necessary regulations and rules,
 2812  as applicable, to allow the center to perform its
 2813  responsibilities pursuant to this section beginning in the 2016
 2814  2017 fiscal year.
 2815         Section 40. Section 1004.65, Florida Statutes, is amended
 2816  to read:
 2817         1004.65 Florida Community College System institutions;
 2818  governance, mission, and responsibilities.—
 2819         (1) Each Florida Community College System institution shall
 2820  be governed by a district board of trustees under statutory
 2821  authority and rules of the State Board of Community Colleges
 2822  Education.
 2823         (2) Each Florida Community College System institution
 2824  district shall:
 2825         (a) Consist of the county or counties served by the Florida
 2826  Community College System institution pursuant to s. 1000.21(3).
 2827         (b) Be an independent, separate, legal entity created for
 2828  the operation of a Florida Community College System institution.
 2829         (3) Florida Community College System institutions are
 2830  locally based and governed entities with statutory and funding
 2831  ties to state government. As such, the mission for Florida
 2832  Community College System institutions reflects a commitment to
 2833  be responsive to local educational needs and challenges. In
 2834  achieving this mission, Florida Community College System
 2835  institutions strive to maintain sufficient local authority and
 2836  flexibility while preserving appropriate legal accountability to
 2837  the state.
 2838         (4) As comprehensive institutions, Florida Community
 2839  College System institutions shall provide high-quality,
 2840  affordable education and training opportunities, shall foster a
 2841  climate of excellence, and shall provide opportunities to all
 2842  while combining high standards with an open-door admission
 2843  policy for lower-division programs. Florida Community College
 2844  System institutions shall, as open-access institutions, serve
 2845  all who can benefit, without regard to age, race, gender, creed,
 2846  or ethnic or economic background, while emphasizing the
 2847  achievement of social and educational equity so that all can be
 2848  prepared for full participation in society.
 2849         (5) The primary mission and responsibility of Florida
 2850  Community College System institutions is responding to community
 2851  needs for postsecondary academic education and career degree
 2852  education. This mission and responsibility includes being
 2853  responsible for:
 2854         (a) Providing lower-level lower level undergraduate
 2855  instruction and awarding associate degrees.
 2856         (b) Preparing students directly for careers requiring less
 2857  than baccalaureate degrees. This may include preparing for job
 2858  entry, supplementing of skills and knowledge, and responding to
 2859  needs in new areas of technology. Career education in a Florida
 2860  Community College System institution consists shall consist of
 2861  career certificates, nationally recognized industry
 2862  certifications, credit courses leading to associate in science
 2863  degrees and associate in applied science degrees, and other
 2864  programs in fields requiring substantial academic work,
 2865  background, or qualifications. A Florida Community College
 2866  System institution may offer career education programs in fields
 2867  having lesser academic or technical requirements.
 2868         (c) Providing student development services, including
 2869  assessment, student tracking, support for disabled students,
 2870  advisement, counseling, financial aid, career development, and
 2871  remedial and tutorial services, to ensure student success.
 2872         (d) Promoting economic development for the state within
 2873  each Florida Community College System institution district
 2874  through the provision of special programs, including, but not
 2875  limited to, the:
 2876         1. Enterprise Florida-related programs.
 2877         2. Technology transfer centers.
 2878         3. Economic development centers.
 2879         4. Workforce literacy programs.
 2880         (e) Providing dual enrollment instruction.
 2881         (f) Providing upper level instruction and awarding
 2882  baccalaureate degrees as specifically authorized by law.
 2883         (6) A separate and secondary role for Florida Community
 2884  College System institutions includes the offering of programs
 2885  in:
 2886         (a) Programs in community services that are not directly
 2887  related to academic or occupational advancement.
 2888         (b) Programs in adult education services, including adult
 2889  basic education, adult general education, adult secondary
 2890  education, and high school equivalency examination instruction.
 2891         (c) Programs in recreational and leisure services.
 2892         (d) Upper-level instruction and awarding baccalaureate
 2893  degrees as specifically authorized by law.
 2894         (7) Funding for Florida Community College System
 2895  institutions must shall reflect their mission as follows:
 2896         (a) Postsecondary academic and career education programs
 2897  and adult general education programs must shall have first
 2898  priority in Florida Community College System institution
 2899  funding.
 2900         (b) Community service programs shall be presented to the
 2901  Legislature with rationale for state funding. The Legislature
 2902  may identify priority areas for use of these funds.
 2903         (c) The resources of a Florida Community College System
 2904  institution, including staff, faculty, land, and facilities, may
 2905  shall not be used to support the establishment of a new
 2906  independent nonpublic educational institution. If any
 2907  institution uses resources for such purpose, the State Board of
 2908  Community Division of Florida Colleges shall notify the
 2909  President of the Senate and the Speaker of the House of
 2910  Representatives.
 2911         (8) Florida Community College System institutions are
 2912  authorized to:
 2913         (a) Offer such programs and courses as are necessary to
 2914  fulfill their mission.
 2915         (b) Grant associate in arts degrees, associate in science
 2916  degrees, associate in applied science degrees, certificates,
 2917  awards, and diplomas.
 2918         (c) Make provisions for the high school equivalency
 2919  examination.
 2920         (d) Provide access to and award baccalaureate degrees in
 2921  accordance with law.
 2922  
 2923  Authority to offer one or more baccalaureate degree programs
 2924  does not alter the governance relationship of the Florida
 2925  Community College System institution with its district board of
 2926  trustees or the State Board of Community Colleges Education.
 2927         Section 41. Section 1004.67, Florida Statutes, is amended
 2928  to read:
 2929         1004.67 Florida Community College System institutions;
 2930  legislative intent.—It is The legislative intent that Florida
 2931  Community College System institutions, constituted as political
 2932  subdivisions of the state, continue to be operated by Florida
 2933  Community College System institution boards of trustees as
 2934  provided in s. 1001.63 and that no department, bureau, division,
 2935  agency, or subdivision of the state exercise any responsibility
 2936  and authority to operate any Florida Community College System
 2937  institution of the state except as specifically provided by law
 2938  or rules of the State Board of Community Colleges Education.
 2939         Section 42. Section 1004.70, Florida Statutes, is amended
 2940  to read:
 2941         1004.70 Florida Community College System institution
 2942  direct-support organizations.—
 2943         (1) DEFINITIONS.—For the purposes of this section:
 2944         (a) “Florida Community College System institution direct
 2945  support organization” means an organization that is:
 2946         1. A Florida corporation not for profit, incorporated under
 2947  the provisions of chapter 617 and approved by the Department of
 2948  State.
 2949         2. Organized and operated exclusively to receive, hold,
 2950  invest, and administer property and to make expenditures to, or
 2951  for the benefit of, a Florida Community College System
 2952  institution in this state.
 2953         3. An organization that the Florida Community College
 2954  System institution board of trustees, after review, has
 2955  certified to be operating in a manner consistent with the goals
 2956  of the Florida Community College System institution and in the
 2957  best interest of the state. Any organization that is denied
 2958  certification by the board of trustees may not use the name of
 2959  the Florida Community College System institution that it serves.
 2960         (b) “Personal services” includes full-time or part-time
 2961  personnel as well as payroll processing.
 2962         (2) BOARD OF DIRECTORS.—The chair of the board of trustees
 2963  shall appoint a representative to the board of directors and the
 2964  executive committee of each direct-support organization
 2965  established under this section, including those established
 2966  before July 1, 1998. The president of the Florida Community
 2967  College System institution for which the direct-support
 2968  organization is established, or the president’s designee, shall
 2969  also serve on the board of directors and the executive committee
 2970  of the direct-support organization, including any direct-support
 2971  organization established before July 1, 1998.
 2972         (3) USE OF PROPERTY.—
 2973         (a) The board of trustees is authorized to permit the use
 2974  of property, facilities, and personal services at any Florida
 2975  Community College System institution by any Florida Community
 2976  College System institution direct-support organization, subject
 2977  to the provisions of this section.
 2978         (b) The board of trustees is authorized to prescribe by
 2979  rule any condition with which a Florida Community College System
 2980  institution direct-support organization must comply in order to
 2981  use property, facilities, or personal services at any Florida
 2982  Community College System institution.
 2983         (c) The board of trustees may not permit the use of
 2984  property, facilities, or personal services at any Florida
 2985  Community College System institution by any Florida Community
 2986  College System institution direct-support organization that does
 2987  not provide equal employment opportunities to all persons
 2988  regardless of race, color, national origin, gender, age, or
 2989  religion.
 2990         (4) ACTIVITIES; RESTRICTIONS.—
 2991         (a) A direct-support organization may, at the request of
 2992  the board of trustees, provide residency opportunities on or
 2993  near campus for students.
 2994         (b) A direct-support organization that constructs
 2995  facilities for use by a Florida Community College System
 2996  institution or its students must comply with all requirements of
 2997  law relating to the construction of facilities by a Florida
 2998  Community College System institution, including requirements for
 2999  competitive bidding.
 3000         (c) Any transaction or agreement between one direct-support
 3001  organization and another direct-support organization must be
 3002  approved by the board of trustees.
 3003         (d) A Florida Community College System institution direct
 3004  support organization is prohibited from giving, either directly
 3005  or indirectly, any gift to a political committee as defined in
 3006  s. 106.011 for any purpose other than those certified by a
 3007  majority roll call vote of the governing board of the direct
 3008  support organization at a regularly scheduled meeting as being
 3009  directly related to the educational mission of the Florida
 3010  Community College System institution.
 3011         (e) A Florida Community College System institution board of
 3012  trustees must authorize all debt, including lease-purchase
 3013  agreements, incurred by a direct-support organization.
 3014  Authorization for approval of short-term loans and lease
 3015  purchase agreements for a term of not more than 5 years,
 3016  including renewals, extensions, and refundings, for goods,
 3017  materials, equipment, and services may be delegated by the board
 3018  of trustees to the board of directors of the direct-support
 3019  organization. Trustees shall evaluate proposals for debt
 3020  according to guidelines issued by the State Board of Community
 3021  Division of Florida Colleges. Revenues of the Florida Community
 3022  College System institution may not be pledged to debt issued by
 3023  direct-support organizations.
 3024         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3025  organization shall submit to the board of trustees its federal
 3026  Internal Revenue Service Application for Recognition of
 3027  Exemption form (Form 1023) and its federal Internal Revenue
 3028  Service Return of Organization Exempt from Income Tax form (Form
 3029  990).
 3030         (6) ANNUAL AUDIT.—Each direct-support organization shall
 3031  provide for an annual financial audit in accordance with rules
 3032  adopted by the Auditor General pursuant to s. 11.45(8). The
 3033  annual audit report must be submitted, within 9 months after the
 3034  end of the fiscal year, to the Auditor General, the State Board
 3035  of Community Colleges Education, and the board of trustees for
 3036  review. The board of trustees, the Auditor General, and the
 3037  Office of Program Policy Analysis and Government Accountability
 3038  may require and receive from the organization or from its
 3039  independent auditor any detail or supplemental data relative to
 3040  the operation of the organization. The identity of donors who
 3041  desire to remain anonymous shall be protected, and that
 3042  anonymity shall be maintained in the auditor’s report. All
 3043  records of the organization, other than the auditor’s report,
 3044  any information necessary for the auditor’s report, any
 3045  information related to the expenditure of funds, and any
 3046  supplemental data requested by the board of trustees, the
 3047  Auditor General, and the Office of Program Policy Analysis and
 3048  Government Accountability, shall be confidential and exempt from
 3049  the provisions of s. 119.07(1).
 3050         Section 43. Section 1004.71, Florida Statutes, is amended
 3051  to read:
 3052         1004.71 Statewide Florida Community College System
 3053  institution direct-support organizations.—
 3054         (1) DEFINITIONS.—For the purposes of this section:
 3055         (a) “Statewide Florida Community College System institution
 3056  direct-support organization” means an organization that is:
 3057         1. A Florida corporation not for profit, incorporated under
 3058  the provisions of chapter 617 and approved by the Department of
 3059  State.
 3060         2. Organized and operated exclusively to receive, hold,
 3061  invest, and administer property and to make expenditures to, or
 3062  for the benefit of, the Florida Community College System
 3063  institutions in this state.
 3064         3. An organization that the State Board of Community
 3065  Colleges Education, after review, has certified to be operating
 3066  in a manner consistent with the goals of the Florida Community
 3067  College System institutions and in the best interest of the
 3068  state.
 3069         (b) “Personal services” includes full-time or part-time
 3070  personnel as well as payroll processing.
 3071         (2) BOARD OF DIRECTORS.—The chair of the State Board of
 3072  Community Colleges Education may appoint a representative to the
 3073  board of directors and the executive committee of any statewide,
 3074  direct-support organization established under this section or s.
 3075  1004.70. The chair of the State Board of Community Colleges
 3076  Education, or the chair’s designee, shall also serve on the
 3077  board of directors and the executive committee of any direct
 3078  support organization established to benefit Florida Community
 3079  College System institutions.
 3080         (3) USE OF PROPERTY.—
 3081         (a) The State Board of Education may permit the use of
 3082  property, facilities, and personal services of the Department of
 3083  Education by any statewide Florida Community College System
 3084  institution direct-support organization, subject to the
 3085  provisions of this section.
 3086         (b) The State Board of Education may prescribe by rule any
 3087  condition with which a statewide Florida Community College
 3088  System institution direct-support organization must comply in
 3089  order to use property, facilities, or personal services of the
 3090  Department of Education.
 3091         (c) The State Board of Education may not permit the use of
 3092  property, facilities, or personal services of the Department of
 3093  Education by any statewide Florida Community College System
 3094  institution direct-support organization that does not provide
 3095  equal employment opportunities to all persons regardless of
 3096  race, color, national origin, gender, age, or religion.
 3097         (4) RESTRICTIONS.—
 3098         (a) A statewide, direct-support organization may not use
 3099  public funds to acquire, construct, maintain, or operate any
 3100  facilities.
 3101         (b) Any transaction or agreement between a statewide,
 3102  direct-support organization and any other direct-support
 3103  organization must be approved by the State Board of Community
 3104  Colleges Education.
 3105         (c) A statewide Florida Community College System
 3106  institution direct-support organization is prohibited from
 3107  giving, either directly or indirectly, any gift to a political
 3108  committee as defined in s. 106.011 for any purpose other than
 3109  those certified by a majority roll call vote of the governing
 3110  board of the direct-support organization at a regularly
 3111  scheduled meeting as being directly related to the educational
 3112  mission of the State Board of Community Colleges Education.
 3113         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3114  organization shall submit to the State Board of Community
 3115  Colleges Education its federal Internal Revenue Service
 3116  Application for Recognition of Exemption form (Form 1023) and
 3117  its federal Internal Revenue Service Return of Organization
 3118  Exempt from Income Tax form (Form 990).
 3119         (6) ANNUAL AUDIT.—A statewide Florida Community College
 3120  System institution direct-support organization shall provide for
 3121  an annual financial audit in accordance with s. 1004.70. The
 3122  identity of a donor or prospective donor who desires to remain
 3123  anonymous and all information identifying such donor or
 3124  prospective donor are confidential and exempt from the
 3125  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 3126  Constitution. Such anonymity shall be maintained in the
 3127  auditor’s report.
 3128         Section 44. Subsection (4) of section 1004.74, Florida
 3129  Statutes, is amended to read:
 3130         1004.74 Florida School of the Arts.—
 3131         (4) The Council for the Florida School of the Arts shall be
 3132  established to advise the Florida Community College System
 3133  institution district board of trustees on matters pertaining to
 3134  the operation of the school. The council shall consist of nine
 3135  members, appointed jointly by the Chancellor of the Florida
 3136  Community College System and the Commissioner of Education for
 3137  4-year terms. A member may serve three terms and may serve until
 3138  replaced.
 3139         Section 45. Section 1004.78, Florida Statutes, is amended
 3140  to read:
 3141         1004.78 Technology transfer centers at Florida Community
 3142  College System institutions.—
 3143         (1) Each Florida Community College System institution may
 3144  establish a technology transfer center for the purpose of
 3145  providing institutional support to local business and industry
 3146  and governmental agencies in the application of new research in
 3147  technology. The primary responsibilities of such centers may
 3148  include: identifying technology research developed by
 3149  universities, research institutions, businesses, industries, the
 3150  United States Armed Forces, and other state or federal
 3151  governmental agencies; determining and demonstrating the
 3152  application of technologies; training workers to integrate
 3153  advanced equipment and production processes; and determining for
 3154  business and industry the feasibility and efficiency of
 3155  accommodating advanced technologies.
 3156         (2) The Florida Community College System institution board
 3157  of trustees shall set such policies to regulate the activities
 3158  of the technology transfer center as it may consider necessary
 3159  to effectuate the purposes of this section and to administer the
 3160  programs of the center in a manner which assures efficiency and
 3161  effectiveness, producing the maximum benefit for the educational
 3162  programs and maximum service to the state. To this end,
 3163  materials that relate to methods of manufacture or production,
 3164  potential trade secrets, potentially patentable material, actual
 3165  trade secrets, business transactions, or proprietary information
 3166  received, generated, ascertained, or discovered during the
 3167  course of activities conducted within the Florida Community
 3168  College System institutions shall be confidential and exempt
 3169  from the provisions of s. 119.07(1), except that a Florida
 3170  Community College System institution shall make available upon
 3171  request the title and description of a project, the name of the
 3172  investigator, and the amount and source of funding provided for
 3173  such project.
 3174         (3) A technology transfer center created under the
 3175  provisions of this section shall be under the supervision of the
 3176  board of trustees of that Florida Community College System
 3177  institution, which is authorized to appoint a director; to
 3178  employ full-time and part-time staff, research personnel, and
 3179  professional services; to employ on a part-time basis personnel
 3180  of the Florida Community College System institution; and to
 3181  employ temporary employees whose salaries are paid entirely from
 3182  the permanent technology transfer fund or from that fund in
 3183  combination with other nonstate sources, with such positions
 3184  being exempt from the requirements of the Florida Statutes
 3185  relating to salaries, except that no such appointment shall be
 3186  made for a total period of longer than 1 year.
 3187         (4) The board of trustees of the Florida Community College
 3188  System institution in which a technology transfer center is
 3189  created, or its designee, may negotiate, enter into, and execute
 3190  contracts; solicit and accept grants and donations; and fix and
 3191  collect fees, other payments, and donations that may accrue by
 3192  reason thereof for technology transfer activities. The board of
 3193  trustees or its designee may negotiate, enter into, and execute
 3194  contracts on a cost-reimbursement basis and may provide
 3195  temporary financing of such costs prior to reimbursement from
 3196  moneys on deposit in the technology transfer fund, except as may
 3197  be prohibited elsewhere by law.
 3198         (5) A technology transfer center shall be financed from the
 3199  Academic Improvement Program or from moneys of a Florida
 3200  Community College System institution which are on deposit or
 3201  received for use in the activities conducted in the center. Such
 3202  moneys shall be deposited by the Florida Community College
 3203  System institution in a permanent technology transfer fund in a
 3204  depository or depositories approved for the deposit of state
 3205  funds and shall be accounted for and disbursed subject to audit
 3206  by the Auditor General.
 3207         (6) The fund balance in any existing research trust fund of
 3208  a Florida Community College System institution at the time a
 3209  technology transfer center is created shall be transferred to a
 3210  permanent technology transfer fund established for the Florida
 3211  Community College System institution, and thereafter the fund
 3212  balance of the technology transfer fund at the end of any fiscal
 3213  period may be used during any succeeding period pursuant to this
 3214  section.
 3215         (7) Moneys deposited in the permanent technology transfer
 3216  fund of a Florida Community College System institution shall be
 3217  disbursed in accordance with the terms of the contract, grant,
 3218  or donation under which they are received. Moneys received for
 3219  overhead or indirect costs and other moneys not required for the
 3220  payment of direct costs shall be applied to the cost of
 3221  operating the technology transfer center.
 3222         (8) All purchases of a technology transfer center shall be
 3223  made in accordance with the policies and procedures of the
 3224  Florida Community College System institution.
 3225         (9) The Florida Community College System institution board
 3226  of trustees may authorize the construction, alteration, or
 3227  remodeling of buildings when the funds used are derived entirely
 3228  from the technology transfer fund of a Florida Community College
 3229  System institution or from that fund in combination with other
 3230  nonstate sources, provided that such construction, alteration,
 3231  or remodeling is for use exclusively by the center. It also may
 3232  authorize the acquisition of real property when the cost is
 3233  entirely from said funds. Title to all real property shall vest
 3234  in the board of trustees.
 3235         (10) The State Board of Community Colleges Education may
 3236  award grants to Florida Community College System institutions,
 3237  or consortia of public and private colleges and universities and
 3238  other public and private entities, for the purpose of supporting
 3239  the objectives of this section. Grants awarded pursuant to this
 3240  subsection shall be in accordance with rules of the State Board
 3241  of Community Colleges Education. Such rules shall include the
 3242  following provisions:
 3243         (a) The number of centers established with state funds
 3244  provided expressly for the purpose of technology transfer shall
 3245  be limited, but shall be geographically located to maximize
 3246  public access to center resources and services.
 3247         (b) Grants to centers funded with state revenues
 3248  appropriated specifically for technology transfer activities
 3249  shall be reviewed and approved by the State Board of Community
 3250  Colleges Education using proposal solicitation, evaluation, and
 3251  selection procedures established by the state board in
 3252  consultation with Enterprise Florida, Inc. Such procedures may
 3253  include designation of specific areas or applications of
 3254  technology as priorities for the receipt of funding.
 3255         (c) Priority for the receipt of state funds appropriated
 3256  specifically for the purpose of technology transfer shall be
 3257  given to grant proposals developed jointly by Florida Community
 3258  College System institutions and public and private colleges and
 3259  universities.
 3260         (11) Each technology transfer center established under the
 3261  provisions of this section shall establish a technology transfer
 3262  center advisory committee. Each committee shall include
 3263  representatives of a university or universities conducting
 3264  research in the area of specialty of the center. Other members
 3265  shall be determined by the Florida Community College System
 3266  institution board of trustees.
 3267         Section 46. Subsection (4) of section 1004.80, Florida
 3268  Statutes, is amended to read:
 3269         1004.80 Economic development centers.—
 3270         (4) The State Board of Community Colleges Education may
 3271  award grants to economic development centers for the purposes of
 3272  this section. Grants awarded pursuant to this subsection shall
 3273  be in accordance with rules established by the State Board of
 3274  Community Colleges Education.
 3275         Section 47. Section 1004.91, Florida Statutes, is amended
 3276  to read:
 3277         1004.91 Requirements for career education program basic
 3278  skills.—
 3279         (1) The State Board of Education, for career centers
 3280  operated by district school boards, and the State Board of
 3281  Community Colleges, for charter technical career centers
 3282  operated by Florida Community College System institutions, shall
 3283  collaborate to adopt, by rule, standards of basic skill mastery
 3284  for completion of certificate career education programs. Each
 3285  school district and Florida Community College System institution
 3286  that conducts programs that confer career and technical
 3287  certificates shall provide applied academics instruction through
 3288  which students receive the basic skills instruction required
 3289  pursuant to this section.
 3290         (2) Students who enroll in a program offered for career
 3291  credit of 450 hours or more shall complete an entry-level
 3292  examination within the first 6 weeks after admission into the
 3293  program. The State Board of Education and the State Board of
 3294  Community Colleges shall collaborate to designate examinations
 3295  that are currently in existence, the results of which are
 3296  comparable across institutions, to assess student mastery of
 3297  basic skills. Any student found to lack the required level of
 3298  basic skills for such program shall be referred to applied
 3299  academics instruction or another adult general education program
 3300  for a structured program of basic skills instruction. Such
 3301  instruction may include English for speakers of other languages.
 3302  A student may not receive a career or technical certificate of
 3303  completion without first demonstrating the basic skills required
 3304  in the state curriculum frameworks for the career education
 3305  program.
 3306         (3)(a) An adult student with a disability may be exempted
 3307  from this section.
 3308         (b) The following students are exempt from this section:
 3309         1. A student who possesses a college degree at the
 3310  associate in applied science level or higher.
 3311         2. A student who demonstrates readiness for public
 3312  postsecondary education pursuant to s. 1008.30 and applicable
 3313  rules adopted by the State Board of Education and State Board of
 3314  Community Colleges.
 3315         3. A student who passes a state or national industry
 3316  certification or licensure examination that is identified in
 3317  State Board of Education or State Board of Community Colleges
 3318  rules and aligned to the career education program in which the
 3319  student is enrolled.
 3320         4. An adult student who is enrolled in an apprenticeship
 3321  program that is registered with the Department of Education in
 3322  accordance with chapter 446.
 3323         Section 48. Paragraph (b) of subsection (2) of section
 3324  1004.92, Florida Statutes, is amended, and subsection (4) is
 3325  added to that section, to read:
 3326         1004.92 Purpose and responsibilities for career education.—
 3327         (2)
 3328         (b) Department of Education, for school districts, and the
 3329  State Board of Community Colleges, for Florida Community College
 3330  System institutions, have the following responsibilities related
 3331  to accountability for career education includes, but is not
 3332  limited to:
 3333         1. The provision of timely, accurate technical assistance
 3334  to school districts and Florida Community College System
 3335  institutions.
 3336         2. The provision of timely, accurate information to the
 3337  State Board of Education, the Legislature, and the public.
 3338         3. The development of policies, rules, and procedures that
 3339  facilitate institutional attainment of the accountability
 3340  standards and coordinate the efforts of all divisions within the
 3341  department.
 3342         4. The development of program standards and industry-driven
 3343  benchmarks for career, adult, and community education programs,
 3344  which must be updated every 3 years. The standards must include
 3345  career, academic, and workplace skills; viability of distance
 3346  learning for instruction; and work/learn cycles that are
 3347  responsive to business and industry; and provisions that reflect
 3348  the quality components of career and technical education
 3349  programs. The Department of Education and the State Board of
 3350  Community Colleges shall collaborate to develop a common set of
 3351  standards and benchmarks as specified under this subparagraph
 3352  for the programs that are offered by both the school districts
 3353  and Florida Community College System institutions.
 3354         5. Overseeing school district and Florida Community College
 3355  System institution compliance with the provisions of this
 3356  chapter.
 3357         6. Ensuring that the educational outcomes for the technical
 3358  component of career programs are uniform and designed to provide
 3359  a graduate who is capable of entering the workforce on an
 3360  equally competitive basis regardless of the institution of
 3361  choice.
 3362         (4) The State Board of Education, for career education
 3363  provided by school districts, and the State Board of Community
 3364  Colleges, for career education provided by Florida Community
 3365  College System institutions, shall collaborate to adopt rules to
 3366  administer this section.
 3367         Section 49. Subsection (1) of section 1004.925, Florida
 3368  Statutes, is amended to read:
 3369         1004.925 Automotive service technology education programs;
 3370  certification.—
 3371         (1) All automotive service technology education programs
 3372  shall be industry certified in accordance with rules adopted by
 3373  the State Board of Education and the State Board of Community
 3374  Colleges.
 3375         Section 50. Paragraphs (c) and (d) of subsection (4) and
 3376  subsections (6) and (9) of section 1004.93, Florida Statutes,
 3377  are amended to read:
 3378         1004.93 Adult general education.—
 3379         (4)
 3380         (c) The State Board of Community Colleges Education shall
 3381  define, by rule, the levels and courses of instruction to be
 3382  funded through the developmental education program. The State
 3383  Board of Community Colleges shall coordinate the establishment
 3384  of costs for developmental education courses, the establishment
 3385  of statewide standards that define required levels of
 3386  competence, acceptable rates of student progress, and the
 3387  maximum amount of time to be allowed for completion of
 3388  developmental education. Developmental education is part of an
 3389  associate in arts degree program and may not be funded as an
 3390  adult career education program.
 3391         (d) Expenditures for developmental education and lifelong
 3392  learning students shall be reported separately. Allocations for
 3393  developmental education shall be based on proportional full-time
 3394  equivalent enrollment. Program review results shall be included
 3395  in the determination of subsequent allocations. A student shall
 3396  be funded to enroll in the same developmental education class
 3397  within a skill area only twice, after which time the student
 3398  shall pay 100 percent of the full cost of instruction to support
 3399  the continuous enrollment of that student in the same class;
 3400  however, students who withdraw or fail a class due to
 3401  extenuating circumstances may be granted an exception only once
 3402  for each class, provided approval is granted according to policy
 3403  established by the board of trustees. Each Florida Community
 3404  College System institution shall have the authority to review
 3405  and reduce payment for increased fees due to continued
 3406  enrollment in a developmental education class on an individual
 3407  basis contingent upon the student’s financial hardship, pursuant
 3408  to definitions and fee levels established by the State Board of
 3409  Community Colleges Education. Developmental education and
 3410  lifelong learning courses do not generate credit toward an
 3411  associate or baccalaureate degree.
 3412         (6) The commissioner, for school districts, and the
 3413  Chancellor of the Florida Community College System, for Florida
 3414  Community College System institutions, shall recommend the level
 3415  of funding for public school and Florida Community College
 3416  System institution adult education within the legislative budget
 3417  request and make other recommendations and reports considered
 3418  necessary or required by rules of the State Board of Education.
 3419         (9) The State Board of Education and the State Board of
 3420  Community Colleges may adopt rules necessary for the
 3421  implementation of this section.
 3422         Section 51. Subsection (3) of section 1006.60, Florida
 3423  Statutes, is amended to read:
 3424         1006.60 Codes of conduct; disciplinary measures; authority
 3425  to adopt rules or regulations.—
 3426         (3) Sanctions authorized by such codes of conduct may be
 3427  imposed only for acts or omissions in violation of rules or
 3428  regulations adopted by the institution, including rules or
 3429  regulations adopted under this section, rules of the State Board
 3430  of Community Colleges regarding the Florida Community College
 3431  System Education, rules or regulations of the Board of Governors
 3432  regarding the State University System, county and municipal
 3433  ordinances, and the laws of this state, the United States, or
 3434  any other state.
 3435         Section 52. Subsection (1) of section 1006.61, Florida
 3436  Statutes, is amended to read:
 3437         1006.61 Participation by students in disruptive activities
 3438  at public postsecondary educational institution; penalties.—
 3439         (1) Any person who accepts the privilege extended by the
 3440  laws of this state of attendance at any public postsecondary
 3441  educational institution shall, by attending such institution, be
 3442  deemed to have given his or her consent to the policies of that
 3443  institution, the State Board of Community Colleges regarding the
 3444  Florida Community College System Education, and the Board of
 3445  Governors regarding the State University System, and the laws of
 3446  this state. Such policies shall include prohibition against
 3447  disruptive activities at public postsecondary educational
 3448  institutions.
 3449         Section 53. Section 1006.62, Florida Statutes, is amended
 3450  to read:
 3451         1006.62 Expulsion and discipline of students of Florida
 3452  Community College System institutions and state universities.—
 3453         (1) Each student in a Florida Community College System
 3454  institution or state university is subject to federal and state
 3455  law, respective county and municipal ordinances, and all rules
 3456  and regulations of the State Board of Community Colleges
 3457  regarding the Florida Community College System Education, the
 3458  Board of Governors regarding the State University System, or the
 3459  board of trustees of the institution.
 3460         (2) Violation of these published laws, ordinances, or rules
 3461  and regulations may subject the violator to appropriate action
 3462  by the institution’s authorities.
 3463         (3) Each president of a Florida Community College System
 3464  institution or state university may, after notice to the student
 3465  of the charges and after a hearing thereon, expel, suspend, or
 3466  otherwise discipline any student who is found to have violated
 3467  any law, ordinance, or rule or regulation of the State Board of
 3468  Community Colleges regarding the Florida Community College
 3469  System Education, the Board of Governors regarding the State
 3470  University System, or the board of trustees of the institution.
 3471  A student may be entitled to waiver of expulsion:
 3472         (a) If the student provides substantial assistance in the
 3473  identification, arrest, or conviction of any of his or her
 3474  accomplices, accessories, coconspirators, or principals or of
 3475  any other person engaged in violations of chapter 893 within a
 3476  state university or Florida Community College System
 3477  institution;
 3478         (b) If the student voluntarily discloses his or her
 3479  violations of chapter 893 prior to his or her arrest; or
 3480         (c) If the student commits himself or herself, or is
 3481  referred by the court in lieu of sentence, to a state-licensed
 3482  drug abuse program and successfully completes the program.
 3483         Section 54. Paragraphs (c) and (g) of subsection (1),
 3484  paragraph (b) of subsection (2), and subsection (3) of section
 3485  1006.71, Florida Statutes, are amended to read:
 3486         1006.71 Gender equity in intercollegiate athletics.—
 3487         (1) GENDER EQUITY PLAN.—
 3488         (c) The Chancellor of the Florida Community College System
 3489  Commissioner of Education shall annually assess the progress of
 3490  each Florida Community College System institution’s plan and
 3491  advise the State Board of Community Colleges Education and the
 3492  Legislature regarding compliance.
 3493         (g)1. If a Florida Community College System institution is
 3494  not in compliance with Title IX of the Education Amendments of
 3495  1972 and the Florida Educational Equity Act, the State Board of
 3496  Community Colleges Education shall:
 3497         a. Declare the Florida Community College System institution
 3498  ineligible for competitive state grants.
 3499         b. Withhold funds sufficient to obtain compliance.
 3500  
 3501  The Florida Community College System institution shall remain
 3502  ineligible and the funds may shall not be paid until the Florida
 3503  Community College System institution comes into compliance or
 3504  the Chancellor of the Florida Community College System
 3505  Commissioner of Education approves a plan for compliance.
 3506         2. If a state university is not in compliance with Title IX
 3507  of the Education Amendments of 1972 and the Florida Educational
 3508  Equity Act, the Board of Governors shall:
 3509         a. Declare the state university ineligible for competitive
 3510  state grants.
 3511         b. Withhold funds sufficient to obtain compliance.
 3512  
 3513  The state university shall remain ineligible and the funds may
 3514  shall not be paid until the state university comes into
 3515  compliance or the Board of Governors approves a plan for
 3516  compliance.
 3517         (2) FUNDING.—
 3518         (b) The level of funding and percentage share of support
 3519  for women’s intercollegiate athletics for Florida Community
 3520  College System institutions shall be determined by the State
 3521  Board of Community Colleges Education. The level of funding and
 3522  percentage share of support for women’s intercollegiate
 3523  athletics for state universities shall be determined by the
 3524  Board of Governors. The level of funding and percentage share
 3525  attained in the 1980-1981 fiscal year shall be the minimum level
 3526  and percentage maintained by each institution, except as the
 3527  State Board of Community Colleges Education or the Board of
 3528  Governors otherwise directs its respective institutions for the
 3529  purpose of assuring equity. Consideration shall be given by the
 3530  State Board of Community Colleges Education or the Board of
 3531  Governors to emerging athletic programs at institutions which
 3532  may not have the resources to secure external funds to provide
 3533  athletic opportunities for women. It is the intent that the
 3534  effect of any redistribution of funds among institutions may
 3535  shall not negate the requirements as set forth in this section.
 3536         (3) STATE BOARD OF COMMUNITY COLLEGES EDUCATION.—The State
 3537  Board of Community Colleges Education shall assure equal
 3538  opportunity for female athletes at Florida Community College
 3539  System institutions and establish:
 3540         (a) In conjunction with the State Board of Education,
 3541  guidelines for reporting of intercollegiate athletics data
 3542  concerning financial, program, and facilities information for
 3543  review by the State Board of Community Colleges Education
 3544  annually.
 3545         (b) Systematic audits for the evaluation of such data.
 3546         (c) Criteria for determining and assuring equity.
 3547         Section 55. Section 1007.01, Florida Statutes, is amended
 3548  to read:
 3549         1007.01 Articulation; legislative intent; purpose; role of
 3550  the State Board of Education, the State Board of Community
 3551  Colleges, and the Board of Governors; Articulation Coordinating
 3552  Committee.—
 3553         (1) It is the intent of the Legislature to facilitate
 3554  articulation and seamless integration of the K-20 education
 3555  system by building, sustaining, and strengthening relationships
 3556  among K-20 public organizations, between public and private
 3557  organizations, and between the education system as a whole and
 3558  Florida’s communities. The purpose of building, sustaining, and
 3559  strengthening these relationships is to provide for the
 3560  efficient and effective progression and transfer of students
 3561  within the education system and to allow students to proceed
 3562  toward their educational objectives as rapidly as their
 3563  circumstances permit. The Legislature further intends that
 3564  articulation policies and budget actions be implemented
 3565  consistently in the practices of the Department of Education and
 3566  postsecondary educational institutions and expressed in the
 3567  collaborative policy efforts of the State Board of Education,
 3568  and the Board of Governors, and the State Board of Community
 3569  Colleges.
 3570         (2) To preserve Florida’s “2+2” system of articulation and
 3571  improve and facilitate articulation systemwide, the State Board
 3572  of Education, and the Board of Governors, and the State Board of
 3573  Community Colleges shall collaboratively establish and adopt
 3574  policies with input from statewide K-20 advisory groups
 3575  established by the Commissioner of Education, the Chancellor of
 3576  the Florida Community College System, and the Chancellor of the
 3577  State University System and shall recommend the policies to the
 3578  Legislature. The policies shall relate to:
 3579         (a) The alignment between the exit requirements of one
 3580  education system and the admissions requirements of another
 3581  education system into which students typically transfer.
 3582         (b) The identification of common courses, the level of
 3583  courses, institutional participation in a statewide course
 3584  numbering system, and the transferability of credits among such
 3585  institutions.
 3586         (c) Identification of courses that meet general education
 3587  or common degree program prerequisite requirements at public
 3588  postsecondary educational institutions.
 3589         (d) Dual enrollment course equivalencies.
 3590         (e) Articulation agreements.
 3591         (3) The Commissioner of Education, in consultation with the
 3592  Chancellor of the Florida Community College System and the
 3593  Chancellor of the State University System, shall establish the
 3594  Articulation Coordinating Committee, which shall make
 3595  recommendations related to statewide articulation policies and
 3596  issues regarding access, quality, and reporting of data
 3597  maintained by the K-20 data warehouse, established pursuant to
 3598  ss. 1001.10 and 1008.31, to the Higher Education Coordination
 3599  Council, the State Board of Education, and the Board of
 3600  Governors, and the State Board of Community Colleges. The
 3601  committee shall consist of two members each representing the
 3602  State University System, the Florida Community College System,
 3603  public career and technical education, K-12 education, and
 3604  nonpublic postsecondary education and one member representing
 3605  students. The chair shall be elected from the membership. The
 3606  Office of K-20 Articulation shall provide administrative support
 3607  for the committee. The committee shall:
 3608         (a) Monitor the alignment between the exit requirements of
 3609  one education system and the admissions requirements of another
 3610  education system into which students typically transfer and make
 3611  recommendations for improvement.
 3612         (b) Propose guidelines for interinstitutional agreements
 3613  between and among public schools, career and technical education
 3614  centers, Florida Community College System institutions, state
 3615  universities, and nonpublic postsecondary institutions.
 3616         (c) Annually recommend dual enrollment course and high
 3617  school subject area equivalencies for approval by the State
 3618  Board of Education, and the Board of Governors, and the State
 3619  Board of Community Colleges.
 3620         (d) Annually review the statewide articulation agreement
 3621  pursuant to s. 1007.23 and make recommendations for revisions.
 3622         (e) Annually review the statewide course numbering system,
 3623  the levels of courses, and the application of transfer credit
 3624  requirements among public and nonpublic institutions
 3625  participating in the statewide course numbering system and
 3626  identify instances of student transfer and admissions
 3627  difficulties.
 3628         (f) Annually publish a list of courses that meet common
 3629  general education and common degree program prerequisite
 3630  requirements at public postsecondary institutions identified
 3631  pursuant to s. 1007.25.
 3632         (g) Foster timely collection and reporting of statewide
 3633  education data to improve the K-20 education performance
 3634  accountability system pursuant to ss. 1001.10 and 1008.31,
 3635  including, but not limited to, data quality, accessibility, and
 3636  protection of student records.
 3637         (h) Recommend roles and responsibilities of public
 3638  education entities in interfacing with the single, statewide
 3639  computer-assisted student advising system established pursuant
 3640  to s. 1006.735.
 3641         (i) Make recommendations regarding the cost and
 3642  requirements to develop and implement an online system for
 3643  collecting and analyzing data regarding requests for transfer of
 3644  credit by postsecondary education students. The online system,
 3645  at a minimum, must collect information regarding the total
 3646  number of credit transfer requests denied and the reason for
 3647  each denial. Recommendations shall be reported to the President
 3648  of the Senate and the Speaker of the House of Representatives on
 3649  or before January 31, 2015.
 3650         Section 56. Subsections (1) and (6) of section 1007.23,
 3651  Florida Statutes, are amended, and subsection (7) is added to
 3652  that section, to read:
 3653         1007.23 Statewide articulation agreement.—
 3654         (1) The State Board of Education, and the Board of
 3655  Governors, and the State Board of Community Colleges shall enter
 3656  into a statewide articulation agreement which the State Board of
 3657  Education and the State Board of Community Colleges shall adopt
 3658  by rule. The agreement must preserve Florida’s “2+2” system of
 3659  articulation, facilitate the seamless articulation of student
 3660  credit across and among Florida’s educational entities, and
 3661  reinforce the provisions of this chapter by governing:
 3662         (a) Articulation between secondary and postsecondary
 3663  education;
 3664         (b) Admission of associate in arts degree graduates from
 3665  Florida Community College System institutions and state
 3666  universities;
 3667         (c) Admission of applied technology diploma program
 3668  graduates from Florida Community College System institutions or
 3669  career centers;
 3670         (d) Admission of associate in science degree and associate
 3671  in applied science degree graduates from Florida Community
 3672  College System institutions;
 3673         (e) The use of acceleration mechanisms, including
 3674  nationally standardized examinations through which students may
 3675  earn credit;
 3676         (f) General education requirements and statewide course
 3677  numbers as provided for in ss. 1007.24 and 1007.25; and
 3678         (g) Articulation among programs in nursing.
 3679         (6) The articulation agreement must guarantee the
 3680  articulation of 9 credit hours toward a postsecondary degree in
 3681  early childhood education for programs approved by the State
 3682  Board of Community Colleges Education and the Board of Governors
 3683  which:
 3684         (a) Award a child development associate credential issued
 3685  by the National Credentialing Program of the Council for
 3686  Professional Recognition or award a credential approved under s.
 3687  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
 3688  child development associate credential; and
 3689         (b) Include training in emergent literacy which meets or
 3690  exceeds the minimum standards for training courses for
 3691  prekindergarten instructors of the Voluntary Prekindergarten
 3692  Education Program in s. 1002.59.
 3693         (7) To strengthen Florida’s “2+2” system of articulation
 3694  and improve student retention and on-time graduation, by the
 3695  2018-2019 academic year, each Florida Community College System
 3696  institution shall execute at least one “2+2” targeted pathway
 3697  articulation agreement with one or more state universities to
 3698  establish “2+2” targeted pathway programs. The agreement must
 3699  provide students who graduate with an associate in arts degree
 3700  and who meet specified requirements guaranteed access to the
 3701  state university and a degree program at that university, in
 3702  accordance with the terms of the “2+2” targeted pathway
 3703  articulation agreement.
 3704         (a) To participate in a “2+2” targeted pathway program, a
 3705  student must:
 3706         1. Enroll in the program before completing 30 credit hours,
 3707  including, but not limited to, college credits earned through
 3708  articulated acceleration mechanisms pursuant to s. 1007.27;
 3709         2. Complete an associate in arts degree; and
 3710         3. Meet the university’s transfer requirements.
 3711         (b) A state university that executes a “2+2” targeted
 3712  pathway articulation agreement must meet the following
 3713  requirements in order to implement a “2+2” targeted pathway
 3714  program in collaboration with its partner Florida Community
 3715  College System institution:
 3716         1. Establish a 4-year on-time graduation plan for a
 3717  baccalaureate degree program, including, but not limited to, a
 3718  plan for students to complete associate in arts degree programs,
 3719  general education courses, common prerequisite courses, and
 3720  elective courses;
 3721         2. Advise students enrolled in the program about the
 3722  university’s transfer and degree program requirements; and
 3723         3. Provide students who meet the requirements under this
 3724  paragraph with access to academic advisors and campus events and
 3725  with guaranteed admittance to the state university and a degree
 3726  program of the state university, in accordance with the terms of
 3727  the agreement.
 3728         (c)To assist the state universities and Florida Community
 3729  College System institutions with implementing the “2+2” targeted
 3730  pathway programs effectively, the State Board of Community
 3731  Colleges and the Board of Governors shall collaborate to
 3732  eliminate barriers in executing “2+2” targeted pathway
 3733  articulation agreements.
 3734         Section 57. Subsections (1), (2), and (3) of section
 3735  1007.24, Florida Statutes, are amended to read:
 3736         1007.24 Statewide course numbering system.—
 3737         (1) The Department of Education, in conjunction with the
 3738  Board of Governors and the State Board of Community Colleges,
 3739  shall develop, coordinate, and maintain a statewide course
 3740  numbering system for postsecondary and dual enrollment education
 3741  in school districts, public postsecondary educational
 3742  institutions, and participating nonpublic postsecondary
 3743  educational institutions that will improve program planning,
 3744  increase communication among all delivery systems, and
 3745  facilitate student acceleration and the transfer of students and
 3746  credits between public school districts, public postsecondary
 3747  educational institutions, and participating nonpublic
 3748  educational institutions. The continuing maintenance of the
 3749  system shall be accomplished with the assistance of appropriate
 3750  faculty committees representing public and participating
 3751  nonpublic educational institutions.
 3752         (2) The Commissioner of Education, in conjunction with the
 3753  Chancellor of the Florida Community College System and the
 3754  Chancellor of the State University System, shall appoint faculty
 3755  committees representing faculties of participating institutions
 3756  to recommend a single level for each course, including
 3757  postsecondary career education courses, included in the
 3758  statewide course numbering system.
 3759         (a) Any course designated as an upper-division-level course
 3760  must be characterized by a need for advanced academic
 3761  preparation and skills that a student would be unlikely to
 3762  achieve without significant prior coursework.
 3763         (b) A course that is offered as part of an associate in
 3764  science degree program and as an upper-division course for a
 3765  baccalaureate degree shall be designated for both the lower and
 3766  upper division.
 3767         (c) A course designated as lower-division may be offered by
 3768  any Florida Community College System institution.
 3769         (3) The Commissioner of Education shall recommend to the
 3770  State Board of Education the levels for the courses. The State
 3771  Board of Education, with input from the Board of Governors and
 3772  the State Board of Community Colleges, shall approve the levels
 3773  for the courses.
 3774         Section 58. Subsections (3), (5), and (8) through (11) of
 3775  section 1007.25, Florida Statutes, are amended to read:
 3776         1007.25 General education courses; common prerequisites;
 3777  other degree requirements.—
 3778         (3) The chair of the State Board of Community Colleges
 3779  Education and the chair of the Board of Governors, or their
 3780  designees, shall jointly appoint faculty committees to identify
 3781  statewide general education core course options. General
 3782  education core course options shall consist of a maximum of five
 3783  courses within each of the subject areas of communication,
 3784  mathematics, social sciences, humanities, and natural sciences.
 3785  The core courses may be revised, or the five-course maximum
 3786  within each subject area may be exceeded, if approved by the
 3787  State Board of Community Colleges Education and the Board of
 3788  Governors, as recommended by the subject area faculty committee
 3789  and approved by the Articulation Coordinating Committee as
 3790  necessary for a subject area. Each general education core course
 3791  option must contain high-level academic and critical thinking
 3792  skills and common competencies that students must demonstrate to
 3793  successfully complete the course. Beginning with students
 3794  initially entering a Florida Community College System
 3795  institution or state university in 2015-2016 and thereafter,
 3796  each student must complete at least one identified core course
 3797  in each subject area as part of the general education course
 3798  requirements. All public postsecondary educational institutions
 3799  shall accept these courses as meeting general education core
 3800  course requirements. The remaining general education course
 3801  requirements shall be identified by each institution and
 3802  reported to the department by their statewide course number. The
 3803  general education core course options shall be adopted in rule
 3804  by the State Board of Community Colleges Education and in
 3805  regulation by the Board of Governors.
 3806         (5) The department shall identify common prerequisite
 3807  courses and course substitutions for degree programs across all
 3808  institutions. Common degree program prerequisites shall be
 3809  offered and accepted by all state universities and Florida
 3810  Community College System institutions, except in cases approved
 3811  by the State Board of Community Colleges, Education for Florida
 3812  Community College System institutions, and the Board of
 3813  Governors, for state universities. The department shall develop
 3814  a centralized database containing the list of courses and course
 3815  substitutions that meet the prerequisite requirements for each
 3816  baccalaureate degree program.
 3817         (8) A baccalaureate degree program shall require no more
 3818  than 120 semester hours of college credit and include 36
 3819  semester hours of general education coursework, unless prior
 3820  approval has been granted by the Board of Governors for
 3821  baccalaureate degree programs offered by state universities and
 3822  by the State Board of Community Colleges Education for
 3823  baccalaureate degree programs offered by Florida Community
 3824  College System institutions.
 3825         (9) A student who received an associate in arts degree for
 3826  successfully completing 60 semester credit hours may continue to
 3827  earn additional credits at a Florida Community College System
 3828  institution. The university must provide credit toward the
 3829  student’s baccalaureate degree for a an additional Florida
 3830  Community College System institution course if, according to the
 3831  statewide course numbering, the Florida Community College System
 3832  institution course is a course listed in the university catalog
 3833  as required for the degree or as prerequisite to a course
 3834  required for the degree. Of the courses required for the degree,
 3835  at least half of the credit hours required for the degree shall
 3836  be achievable through courses designated as lower division,
 3837  except in degree programs approved by the State Board of
 3838  Community Colleges Education for programs offered by Florida
 3839  Community College System institutions and by the Board of
 3840  Governors for programs offered by state universities.
 3841         (10) Students at state universities may request associate
 3842  in arts certificates if they have successfully completed the
 3843  minimum requirements for the degree of associate in arts (A.A.).
 3844  The university must grant the student an associate in arts
 3845  degree if the student has successfully completed minimum
 3846  requirements for college-level communication and computation
 3847  skills adopted by the State Board of Community Colleges
 3848  Education and 60 academic semester hours or the equivalent
 3849  within a degree program area, including 36 semester hours in
 3850  general education courses in the subject areas of communication,
 3851  mathematics, social sciences, humanities, and natural sciences,
 3852  consistent with the general education requirements specified in
 3853  the articulation agreement pursuant to s. 1007.23.
 3854         (11) The Commissioner of Education and the Chancellor of
 3855  the Florida Community College System shall jointly appoint
 3856  faculty committees representing both Florida Community College
 3857  System institution and public school faculties to recommend to
 3858  the commissioner, or the Chancellor of the Florida Community
 3859  College System, as applicable, for approval by the State Board
 3860  of Education and the State Board of Community Colleges, as
 3861  applicable, a standard program length and appropriate
 3862  occupational completion points for each postsecondary career
 3863  certificate program, diploma, and degree offered by a school
 3864  district or a Florida Community College System institution.
 3865         Section 59. Section 1007.262, Florida Statutes, is amended
 3866  to read:
 3867         1007.262 Foreign language competence; equivalence
 3868  determinations.—The Department of Education shall identify the
 3869  competencies demonstrated by students upon the successful
 3870  completion of 2 credits of sequential high school foreign
 3871  language instruction. For the purpose of determining
 3872  postsecondary equivalence, the State Board of Community Colleges
 3873  department shall develop rules through which Florida Community
 3874  College System institutions correlate such competencies to the
 3875  competencies required of students in the colleges’ respective
 3876  courses. Based on this correlation, each Florida Community
 3877  College System institution shall identify the minimum number of
 3878  postsecondary credits that students must earn in order to
 3879  demonstrate a level of competence in a foreign language at least
 3880  equivalent to that of students who have completed 2 credits of
 3881  such instruction in high school. The department may also specify
 3882  alternative means by which students can demonstrate equivalent
 3883  foreign language competence, including means by which a student
 3884  whose native language is not English may demonstrate proficiency
 3885  in the native language. A student who demonstrates proficiency
 3886  in a native language other than English is exempt from a
 3887  requirement of completing foreign language courses at the
 3888  secondary or Florida Community College System level.
 3889         Section 60. Section 1007.263, Florida Statutes, is amended
 3890  to read:
 3891         1007.263 Florida Community College System institutions;
 3892  admissions of students.—Each Florida Community College System
 3893  institution board of trustees is authorized to adopt rules
 3894  governing admissions of students subject to this section and
 3895  rules of the State Board of Community Colleges Education. These
 3896  rules shall include the following:
 3897         (1) Admissions counseling shall be provided to all students
 3898  entering college or career credit programs. For students who are
 3899  not otherwise exempt from testing under s. 1008.30, counseling
 3900  must use tests to measure achievement of college-level
 3901  communication and computation competencies by students entering
 3902  college credit programs or tests to measure achievement of basic
 3903  skills for career education programs as prescribed in s.
 3904  1004.91. Counseling includes providing developmental education
 3905  options for students whose assessment results, determined under
 3906  s. 1008.30, indicate that they need to improve communication or
 3907  computation skills that are essential to perform college-level
 3908  work.
 3909         (2) Admission to associate degree programs is subject to
 3910  minimum standards adopted by the State Board of Community
 3911  Colleges Education and shall require:
 3912         (a) A standard high school diploma, a high school
 3913  equivalency diploma as prescribed in s. 1003.435, previously
 3914  demonstrated competency in college credit postsecondary
 3915  coursework, or, in the case of a student who is home educated, a
 3916  signed affidavit submitted by the student’s parent or legal
 3917  guardian attesting that the student has completed a home
 3918  education program pursuant to the requirements of s. 1002.41.
 3919  Students who are enrolled in a dual enrollment or early
 3920  admission program pursuant to s. 1007.271 are exempt from this
 3921  requirement.
 3922         (b) A demonstrated level of achievement of college-level
 3923  communication and computation skills.
 3924         (c) Any other requirements established by the board of
 3925  trustees.
 3926         (3) Admission to other programs within the Florida
 3927  Community College System institution shall include education
 3928  requirements as established by the board of trustees.
 3929         (4) A student who has been awarded a certificate of
 3930  completion under s. 1003.4282 is eligible to enroll in
 3931  certificate career education programs.
 3932         (5) A student with a documented disability may be eligible
 3933  for reasonable substitutions, as prescribed in ss. 1007.264 and
 3934  1007.265.
 3935  
 3936  Each board of trustees shall establish policies that notify
 3937  students about developmental education options for improving
 3938  their communication or computation skills that are essential to
 3939  performing college-level work, including tutoring, extended time
 3940  in gateway courses, free online courses, adult basic education,
 3941  adult secondary education, or private provider instruction.
 3942         Section 61. Subsection (2) of section 1007.264, Florida
 3943  Statutes, is amended to read:
 3944         1007.264 Persons with disabilities; admission to
 3945  postsecondary educational institutions; substitute requirements;
 3946  rules and regulations.—
 3947         (2) The State Board of Community Colleges Education, in
 3948  consultation with the Board of Governors, shall adopt rules to
 3949  implement this section for Florida Community College System
 3950  institutions and shall develop substitute admission requirements
 3951  where appropriate.
 3952         Section 62. Subsections (2) and (3) of section 1007.265,
 3953  Florida Statutes, are amended to read:
 3954         1007.265 Persons with disabilities; graduation, study
 3955  program admission, and upper-division entry; substitute
 3956  requirements; rules and regulations.—
 3957         (2) The State Board of Community Colleges Education, in
 3958  consultation with the Board of Governors, shall adopt rules to
 3959  implement this section for Florida Community College System
 3960  institutions and shall develop substitute requirements where
 3961  appropriate.
 3962         (3) The Board of Governors, in consultation with the State
 3963  Board of Community Colleges Education, shall adopt regulations
 3964  to implement this section for state universities and shall
 3965  develop substitute requirements where appropriate.
 3966         Section 63. Subsections (6), (7), and (8) of section
 3967  1007.27, Florida Statutes, are amended to read:
 3968         1007.27 Articulated acceleration mechanisms.—
 3969         (6) Credit by examination shall be the program through
 3970  which secondary and postsecondary students generate
 3971  postsecondary credit based on the receipt of a specified minimum
 3972  score on nationally standardized general or subject-area
 3973  examinations. For the purpose of statewide application, such
 3974  examinations and the corresponding minimum scores required for
 3975  an award of credit shall be delineated by the State Board of
 3976  Education, and the Board of Governors, and the State Board of
 3977  Community Colleges in the statewide articulation agreement
 3978  required by s. 1007.23(1). The maximum credit generated by a
 3979  student pursuant to this subsection shall be mitigated by any
 3980  related postsecondary credit earned by the student prior to the
 3981  administration of the examination. This subsection shall not
 3982  preclude Florida Community College System institutions and
 3983  universities from awarding credit by examination based on
 3984  student performance on examinations developed within and
 3985  recognized by the individual postsecondary institutions.
 3986         (7) The International Baccalaureate Program shall be the
 3987  curriculum in which eligible secondary students are enrolled in
 3988  a program of studies offered through the International
 3989  Baccalaureate Program administered by the International
 3990  Baccalaureate Office. The State Board of Community Colleges
 3991  Education and the Board of Governors shall specify in the
 3992  statewide articulation agreement required by s. 1007.23(1) the
 3993  cutoff scores and International Baccalaureate Examinations which
 3994  will be used to grant postsecondary credit at Florida Community
 3995  College System institutions and universities. Any changes to the
 3996  articulation agreement, which have the effect of raising the
 3997  required cutoff score or of changing the International
 3998  Baccalaureate Examinations which will be used to grant
 3999  postsecondary credit, shall only apply to students taking
 4000  International Baccalaureate Examinations after such changes are
 4001  adopted by the State Board of Community Colleges Education and
 4002  the Board of Governors. Students shall be awarded a maximum of
 4003  30 semester credit hours pursuant to this subsection. The
 4004  specific course for which a student may receive such credit
 4005  shall be specified in the statewide articulation agreement
 4006  required by s. 1007.23(1). Students enrolled pursuant to this
 4007  subsection shall be exempt from the payment of any fees for
 4008  administration of the examinations regardless of whether or not
 4009  the student achieves a passing score on the examination.
 4010         (8) The Advanced International Certificate of Education
 4011  Program and the International General Certificate of Secondary
 4012  Education (pre-AICE) Program shall be the curricula in which
 4013  eligible secondary students are enrolled in programs of study
 4014  offered through the Advanced International Certificate of
 4015  Education Program or the International General Certificate of
 4016  Secondary Education (pre-AICE) Program administered by the
 4017  University of Cambridge Local Examinations Syndicate. The State
 4018  Board of Community Colleges Education and the Board of Governors
 4019  shall specify in the statewide articulation agreement required
 4020  by s. 1007.23(1) the cutoff scores and Advanced International
 4021  Certificate of Education examinations which will be used to
 4022  grant postsecondary credit at Florida Community College System
 4023  institutions and universities. Any changes to the cutoff scores,
 4024  which changes have the effect of raising the required cutoff
 4025  score or of changing the Advanced International Certification of
 4026  Education examinations which will be used to grant postsecondary
 4027  credit, shall apply to students taking Advanced International
 4028  Certificate of Education examinations after such changes are
 4029  adopted by the State Board of Community Colleges Education and
 4030  the Board of Governors. Students shall be awarded a maximum of
 4031  30 semester credit hours pursuant to this subsection. The
 4032  specific course for which a student may receive such credit
 4033  shall be determined by the Florida Community College System
 4034  institution or university that accepts the student for
 4035  admission. Students enrolled in either program of study pursuant
 4036  to this subsection shall be exempt from the payment of any fees
 4037  for administration of the examinations regardless of whether the
 4038  student achieves a passing score on the examination.
 4039         Section 64. Subsections (3) and (22) of section 1007.271,
 4040  Florida Statutes, are amended to read:
 4041         1007.271 Dual enrollment programs.—
 4042         (3) Student eligibility requirements for initial enrollment
 4043  in college credit dual enrollment courses must include a 3.0
 4044  unweighted high school grade point average and the minimum score
 4045  on a common placement test adopted by the State Board of
 4046  Education which indicates that the student is ready for college
 4047  level coursework. Student eligibility requirements for continued
 4048  enrollment in college credit dual enrollment courses must
 4049  include the maintenance of a 3.0 unweighted high school grade
 4050  point average and the minimum postsecondary grade point average
 4051  established by the postsecondary institution. Regardless of
 4052  meeting student eligibility requirements for continued
 4053  enrollment, a student may lose the opportunity to participate in
 4054  a dual enrollment course if the student is disruptive to the
 4055  learning process such that the progress of other students or the
 4056  efficient administration of the course is hindered. Student
 4057  eligibility requirements for initial and continued enrollment in
 4058  career certificate dual enrollment courses must include a 2.0
 4059  unweighted high school grade point average. Exceptions to the
 4060  required grade point averages may be granted on an individual
 4061  student basis if the educational entities agree and the terms of
 4062  the agreement are contained within the dual enrollment
 4063  articulation agreement established pursuant to subsection (21).
 4064  Florida Community College System institution boards of trustees
 4065  may establish additional initial student eligibility
 4066  requirements, which shall be included in the dual enrollment
 4067  articulation agreement, to ensure student readiness for
 4068  postsecondary instruction. Additional requirements included in
 4069  the agreement may not arbitrarily prohibit students who have
 4070  demonstrated the ability to master advanced courses from
 4071  participating in dual enrollment courses.
 4072         (22) The Department of Education shall develop an
 4073  electronic submission system for dual enrollment articulation
 4074  agreements and shall review, for compliance, each dual
 4075  enrollment articulation agreement submitted pursuant to
 4076  subsections (13), (21), and (24). The Commissioner of Education
 4077  shall notify the district school superintendent and the Florida
 4078  Community College System institution president if the dual
 4079  enrollment articulation agreement does not comply with statutory
 4080  requirements and shall submit any dual enrollment articulation
 4081  agreement with unresolved issues of noncompliance to the State
 4082  Board of Education. The State Board of Education shall
 4083  collaborate with the State Board of Community Colleges to
 4084  resolve unresolved issues of noncompliance.
 4085         Section 65. Subsection (6) of section 1007.273, Florida
 4086  Statutes, is amended to read:
 4087         1007.273 Collegiate high school program.—
 4088         (6) The collegiate high school program shall be funded
 4089  pursuant to ss. 1007.271 and 1011.62. The State Board of
 4090  Education shall enforce compliance with this section by
 4091  withholding the transfer of funds for the school districts and
 4092  the Florida College System institutions in accordance with s.
 4093  1008.32. Annually by December 31, the State Board of Community
 4094  Colleges shall enforce compliance with this section by
 4095  withholding the transfer of funds for the Florida Community
 4096  College System institutions in accordance with s. 1001.602.
 4097         Section 66. Section 1007.33, Florida Statutes, is amended
 4098  to read:
 4099         1007.33 Site-determined baccalaureate degree access.—
 4100         (1)(a) The Legislature recognizes that public and private
 4101  postsecondary educational institutions play an essential role in
 4102  improving the quality of life and economic well-being of the
 4103  state and its residents. The Legislature also recognizes that
 4104  economic development needs and the educational needs of place
 4105  bound, nontraditional students have increased the demand for
 4106  local access to baccalaureate degree programs. It is therefore
 4107  the intent of the Legislature to further expand access to
 4108  baccalaureate degree programs through the use of Florida
 4109  Community College System institutions.
 4110         (b) For purposes of this section, the term “district”
 4111  refers to the county or counties served by a Florida Community
 4112  College System institution pursuant to s. 1000.21(3).
 4113         (2) Any Florida Community College System institution that
 4114  offers one or more baccalaureate degree programs must:
 4115         (a) Maintain as its primary mission:
 4116         1. Responsibility for responding to community needs for
 4117  postsecondary academic education and career degree education as
 4118  prescribed in s. 1004.65(5).
 4119         2. The provision of associate degrees that provide access
 4120  to a university.
 4121         (b) Maintain an open-door admission policy for associate
 4122  level degree programs and workforce education programs.
 4123         (c) Continue to provide outreach to underserved
 4124  populations.
 4125         (d) Continue to provide remedial education pursuant to s.
 4126  1008.30.
 4127         (e) Comply with all provisions of the statewide
 4128  articulation agreement which relate to 2-year and 4-year public
 4129  degree-granting institutions as adopted by the State Board of
 4130  Education or the State Board of Community Colleges, as
 4131  applicable, pursuant to s. 1007.23.
 4132         (f) Not award graduate credit.
 4133         (g) Not participate in intercollegiate athletics beyond the
 4134  2-year level.
 4135         (3) A Florida Community College System institution may not
 4136  terminate its associate in arts or associate in science degree
 4137  programs as a result of being authorized to offer one or more
 4138  baccalaureate degree programs. The Legislature intends that the
 4139  primary responsibility of a Florida Community College System
 4140  institution, including a Florida Community College System
 4141  institution that offers baccalaureate degree programs, continues
 4142  to be the provision of associate degrees that provide access to
 4143  a university.
 4144         (4) A Florida Community College System institution may:
 4145         (a) Offer specified baccalaureate degree programs through
 4146  formal agreements between the Florida Community College System
 4147  institution and other regionally accredited postsecondary
 4148  educational institutions pursuant to s. 1007.22.
 4149         (b) Offer baccalaureate degree programs that are were
 4150  authorized by law prior to July 1, 2009.
 4151         (c) Beginning July 1, 2009, establish a first or subsequent
 4152  baccalaureate degree program for purposes of meeting district,
 4153  regional, or statewide workforce needs if approved by the State
 4154  Board of Community Colleges Education under this section.
 4155  However, a Florida Community College System institution may not
 4156  offer a bachelor of arts degree program.
 4157  
 4158  Beginning July 1, 2009, the Board of Trustees of St. Petersburg
 4159  College is authorized to establish one or more bachelor of
 4160  applied science degree programs based on an analysis of
 4161  workforce needs in Pinellas, Pasco, and Hernando Counties and
 4162  other counties approved by the Department of Education. For each
 4163  program selected, St. Petersburg College must offer a related
 4164  associate in science or associate in applied science degree
 4165  program, and the baccalaureate degree level program must be
 4166  designed to articulate fully with at least one associate in
 4167  science degree program. The college is encouraged to develop
 4168  articulation agreements for enrollment of graduates of related
 4169  associate in applied science degree programs. The Board of
 4170  Trustees of St. Petersburg College is authorized to establish
 4171  additional baccalaureate degree programs if it determines a
 4172  program is warranted and feasible based on each of the factors
 4173  in paragraph (5)(d). However, the Board of Trustees of St.
 4174  Petersburg College may not establish any new baccalaureate
 4175  degree programs from March 31, 2014, through May 31, 2015. Prior
 4176  to developing or proposing a new baccalaureate degree program,
 4177  St. Petersburg College shall engage in need, demand, and impact
 4178  discussions with the state university in its service district
 4179  and other local and regional, accredited postsecondary providers
 4180  in its region. Documentation, data, and other information from
 4181  inter-institutional discussions regarding program need, demand,
 4182  and impact shall be provided to the college’s board of trustees
 4183  to inform the program approval process. Employment at St.
 4184  Petersburg College is governed by the same laws that govern
 4185  Florida College System institutions, except that upper-division
 4186  faculty are eligible for continuing contracts upon the
 4187  completion of the fifth year of teaching. Employee records for
 4188  all personnel shall be maintained as required by s. 1012.81.
 4189         (5) The approval process for baccalaureate degree programs
 4190  requires shall require:
 4191         (a) Each Florida Community College System institution to
 4192  submit a notice of interest at least 180 days before submitting
 4193  a notice of its intent to propose a baccalaureate degree program
 4194  to the Division of Florida Colleges at least 100 days before the
 4195  submission of its proposal under paragraph (d). The notice of
 4196  interest must be submitted into a shared postsecondary database
 4197  that allows other postsecondary institutions to preview and
 4198  provide feedback on the notice of interest. A written notice of
 4199  intent must be submitted to the Chancellor of the Florida
 4200  Community College System at least 100 days before the submission
 4201  of a baccalaureate degree program proposal under paragraph (c).
 4202  The notice of intent must include a brief description of the
 4203  program, the workforce demand and unmet need for graduates of
 4204  the program to include evidence from entities independent of the
 4205  institution, the geographic region to be served, and an
 4206  estimated timeframe for implementation. Notices of interest and
 4207  intent may be submitted by a Florida Community College System
 4208  institution at any time throughout the year. The notice of
 4209  intent must also include evidence that the Florida Community
 4210  College System institution engaged in need, demand, and impact
 4211  discussions with the state university and other regionally
 4212  accredited postsecondary education providers in its service
 4213  district.
 4214         (b) The Chancellor of the Florida Community College System
 4215  Division of Florida Colleges to forward the notice of intent
 4216  submitted pursuant to paragraph (a) and the justification for
 4217  the proposed baccalaureate degree program required under
 4218  paragraph (c) within 10 business days after receiving such
 4219  notice and justification to the Chancellor of the State
 4220  University System, the president of the Independent Colleges and
 4221  Universities of Florida, and the Executive Director of the
 4222  Commission for Independent Education. State universities shall
 4223  have 60 days following receipt of the notice of intent and
 4224  justification by the Chancellor of the State University System
 4225  to submit an objection and a reason for the objection to the
 4226  proposed baccalaureate degree program, which may include
 4227  objections to the proposed new program or submit an alternative
 4228  proposal to offer the baccalaureate degree program. The
 4229  Chancellor of the State University System shall review the
 4230  objection raised by a state university and inform the Board of
 4231  Governors of the objection before a state university submits its
 4232  objection to the Chancellor of the Florida Community College
 4233  System. The Chancellor of the Florida Community College System
 4234  must consult with the Chancellor of the State University System
 4235  to consider the objection raised by the state university before
 4236  the State Board of Community Colleges approves or denies a
 4237  Florida Community College System institution’s proposal
 4238  submitted pursuant to paragraph (c). If a proposal from a state
 4239  university is not received within the 60-day period, The
 4240  Chancellor of the Florida Community College System State Board
 4241  of Education shall also provide regionally accredited private
 4242  colleges and universities 60 30 days to submit an objection and
 4243  a reason for the objection to the proposed baccalaureate degree
 4244  program, which may include an alternative proposal to offer a
 4245  baccalaureate degree program objections to the proposed new
 4246  program or submit an alternative proposal. Objections by a
 4247  regionally accredited private college or university or
 4248  alternative proposals shall be submitted to the Chancellor of
 4249  the Florida Community College System, and the state board must
 4250  consider such objections before Division of Florida Colleges and
 4251  must be considered by the State Board of Education in making its
 4252  decision to approve or deny a Florida Community College System
 4253  institution’s proposal submitted pursuant to paragraph (c).
 4254         (c) An alternative proposal submitted by a state university
 4255  or private college or university to adequately address:
 4256         1. The extent to which the workforce demand and unmet need
 4257  described in the notice of intent will be met.
 4258         2. The extent to which students will be able to complete
 4259  the degree in the geographic region proposed to be served by the
 4260  Florida College System institution.
 4261         3. The level of financial commitment of the college or
 4262  university to the development, implementation, and maintenance
 4263  of the specified degree program, including timelines.
 4264         4. The extent to which faculty at both the Florida College
 4265  System institution and the college or university will
 4266  collaborate in the development and offering of the curriculum.
 4267         5. The ability of the Florida College System institution
 4268  and the college or university to develop and approve the
 4269  curriculum for the specified degree program within 6 months
 4270  after an agreement between the Florida College System
 4271  institution and the college or university is signed.
 4272         6. The extent to which the student may incur additional
 4273  costs above what the student would expect to incur if the
 4274  program were offered by the Florida College System institution.
 4275         (c)(d) Each Florida Community College System institution to
 4276  submit a baccalaureate degree program proposal at least 100 days
 4277  after submitting the notice of intent. Each proposal must
 4278  submitted by a Florida College System institution to, at a
 4279  minimum, include:
 4280         1. A description of the planning process and timeline for
 4281  implementation.
 4282         2. A justification for the proposed baccalaureate degree
 4283  program, including, at a minimum, a data-driven An analysis of
 4284  workforce demand and unmet need for graduates of the program on
 4285  a district, regional, or statewide basis, as appropriate, and
 4286  the extent to which the proposed program will meet the workforce
 4287  demand and unmet need. The analysis must include workforce and
 4288  employment data for the most recent years and projections by the
 4289  Department of Economic Opportunity for future years, and a
 4290  summary of degree programs similar to the proposed degree
 4291  program which are currently offered by state universities or by
 4292  independent nonprofit colleges or universities that are eligible
 4293  to participate in a grant program pursuant to s. 1009.89 and
 4294  which are located in the Florida Community College System
 4295  institution’s regional service area. The analysis and evidence
 4296  must be verified by the Chancellor of the Florida Community
 4297  College System including evidence from entities independent of
 4298  the institution.
 4299         3. Identification of the facilities, equipment, and library
 4300  and academic resources that will be used to deliver the program.
 4301         4. The program cost analysis of creating a new
 4302  baccalaureate degree when compared to alternative proposals and
 4303  other program delivery options.
 4304         5. The program’s admission requirements, academic content,
 4305  curriculum, faculty credentials, student-to-teacher ratios, and
 4306  accreditation plan.
 4307         6. The program’s student enrollment projections and funding
 4308  requirements, including:
 4309         a. The impact of the program’s enrollment projections on
 4310  compliance with the upper-level enrollment provisions under
 4311  subsection (6); and
 4312         b. The institution’s efforts to sustain the program at the
 4313  cost of tuition and fees for students who are classified as
 4314  residents for tuition purposes under s. 1009.21, not to exceed
 4315  $10,000 for the entire degree program, including flexible
 4316  tuition and fee rates, and the use of waivers pursuant to s.
 4317  1009.26(11).
 4318         7. A plan of action if the program is terminated.
 4319         (d)(e) The State Board of Community Division of Florida
 4320  Colleges to review the proposal, notify the Florida Community
 4321  College System institution of any deficiencies in writing within
 4322  30 days following receipt of the proposal, and provide the
 4323  Florida Community College System institution with an opportunity
 4324  to correct the deficiencies. Within 45 days following receipt of
 4325  a completed proposal by the State Board of Community Division of
 4326  Florida Colleges, the Chancellor of the Florida Community
 4327  College System Commissioner of Education shall recommend
 4328  approval or disapproval of the proposal to the State Board of
 4329  Community Colleges Education. The State Board of Community
 4330  Colleges Education shall consider such recommendation, the
 4331  proposal, input from the Chancellor of the State University
 4332  System and the president of the Independent Colleges and
 4333  Universities of Florida, and any objections or alternative
 4334  proposals at its next meeting. If the State Board of Community
 4335  Colleges Education disapproves the Florida Community College
 4336  System institution’s proposal, it shall provide the Florida
 4337  Community College System institution with written reasons for
 4338  that determination.
 4339         (e)(f) The Florida Community College System institution to
 4340  obtain from the Commission on Colleges of the Southern
 4341  Association of Colleges and Schools accreditation as a
 4342  baccalaureate-degree-granting institution if approved by the
 4343  State Board of Community Colleges Education to offer its first
 4344  baccalaureate degree program.
 4345         (f)(g) The Florida Community College System institution to
 4346  notify the Commission on Colleges of the Southern Association of
 4347  Colleges and Schools of subsequent degree programs that are
 4348  approved by the State Board of Community Colleges Education and
 4349  to comply with the association’s required substantive change
 4350  protocols for accreditation purposes.
 4351         (g)(h) The Florida Community College System institution to
 4352  annually report to the State Board of Community Colleges, the
 4353  Chancellor of the State University System, and upon request of
 4354  the State Board of Education, the Commissioner of Education, the
 4355  Chancellor of the Florida College System, or the Legislature,
 4356  report its status using the following performance and compliance
 4357  indicators:
 4358         1. Obtaining and maintaining appropriate Southern
 4359  Association of Colleges and Schools accreditation;
 4360         2. Maintaining qualified faculty and institutional
 4361  resources;
 4362         3. Maintaining student enrollment in previously approved
 4363  programs;
 4364         4. Managing fiscal resources appropriately;
 4365         5. Complying with the primary mission and responsibility
 4366  requirements in subsections (2) and (3); and
 4367         6. Other indicators of success, including program
 4368  completions, employment and earnings outcomes, student
 4369  acceptance into and performance in graduate programs placements,
 4370  and surveys of graduates and employers; and.
 4371         7. Continuing to meet workforce demand, as provided in
 4372  subparagraph (c)2., as demonstrated through a data-driven needs
 4373  assessment by the Florida Community College System institution
 4374  which is verified by more than one third-party professional
 4375  entity that is independent of the institution.
 4376         8. Complying with the upper-level enrollment provisions
 4377  under subsection (6).
 4378  
 4379  The State Board of Community Colleges Education, upon annual
 4380  review of the baccalaureate degree program performance and
 4381  compliance indicators and needs assessment, may require a
 4382  Florida Community College System institution’s board of trustees
 4383  to modify or terminate a baccalaureate degree program authorized
 4384  under this section. If the annual review indicates negative
 4385  program performance and compliance results, and if the needs
 4386  assessment fails to demonstrate a need for the program, the
 4387  State Board of Community Colleges must require a Florida
 4388  Community College System institution’s board of trustees to
 4389  terminate that baccalaureate degree program.
 4390         (6)(a) If the 2015-2016 total upper-level, undergraduate
 4391  full-time equivalent enrollment at a Florida Community College
 4392  System institution is at or above 10 percent of the 2015-2016
 4393  combined total lower-level and upper-level full-time equivalent
 4394  enrollment at that institution, the total upper-level
 4395  enrollment, as a percentage of the combined enrollment, may not
 4396  increase by more than 4 percentage points unless the institution
 4397  obtains prior legislative approval.
 4398         (b) If the 2015-2016 total upper-level, undergraduate full
 4399  time equivalent enrollment at a Florida Community College System
 4400  institution is below 10 percent of the 2015-2016 combined total
 4401  lower-level and upper-level full-time equivalent enrollment at
 4402  that institution, the total upper-level enrollment, as a
 4403  percentage of the combined enrollment, may not increase by more
 4404  than 8 percentage points unless the institution obtains prior
 4405  legislative approval.
 4406         (c) Notwithstanding enrollment provisions in paragraphs (a)
 4407  and (b), the upper-level, undergraduate full-time equivalent
 4408  enrollment at a Florida Community College System institution may
 4409  not exceed 15 percent of the combined total lower-level and
 4410  upper-level full-time equivalent enrollment at that institution.
 4411         (d) Within the 4 percent or 8 percent growth authorized
 4412  under paragraph (a) or paragraph (b), for any planned and
 4413  purposeful expansion of existing baccalaureate degree programs
 4414  or creation of a new baccalaureate program, a community college
 4415  must demonstrate satisfactory performance in fulfilling its
 4416  primary mission pursuant to s. 1004.65, executing at least one
 4417  “2+2” targeted pathway articulation agreement pursuant to s.
 4418  1007.23, and meeting or exceeding the performance standards
 4419  related to on-time completion and graduation rates under s.
 4420  1001.66 for students earning associate of arts or baccalaureate
 4421  degrees. The State Board of Community Colleges may not approve a
 4422  new baccalaureate degree program proposal for a community
 4423  college that does not meet the conditions specified in this
 4424  subsection in addition to the other requirements for approval
 4425  under this section. Each community college that offers a
 4426  baccalaureate degree must annually review each baccalaureate
 4427  degree program and annually report to the State Board of
 4428  Community Colleges, in a format prescribed by the state board,
 4429  current and projected student enrollment for such program,
 4430  justification for continuation of each baccalaureate degree
 4431  program, and a plan to comply with the upper-level enrollment
 4432  provisions of this subsection. A Florida Community College
 4433  System institution that does not comply with the requirements of
 4434  this section is subject to s. 1001.602(9) and may not report for
 4435  funding, the upper-level, undergraduate full-time equivalent
 4436  enrollment that exceeds the upper-level enrollment percent
 4437  provision of this subsection.
 4438         (7)(6) The State Board of Community Colleges Education
 4439  shall adopt rules to prescribe format and content requirements
 4440  and submission procedures for notices of interest and intent,
 4441  baccalaureate degree program proposals, objections, proposals,
 4442  alternative proposals, and compliance reviews under subsection
 4443  (5).
 4444         Section 67. Subsections (1), (3), (4), and (5) of section
 4445  1008.30, Florida Statutes, are amended to read:
 4446         1008.30 Common placement testing for public postsecondary
 4447  education.—
 4448         (1) The State Board of Community Colleges Education, in
 4449  conjunction with the Board of Governors and the State Board of
 4450  Education, shall develop and implement a common placement test
 4451  for the purpose of assessing the basic computation and
 4452  communication skills of students who intend to enter a degree
 4453  program at any public postsecondary educational institution.
 4454  Alternative assessments that may be accepted in lieu of the
 4455  common placement test shall also be identified in rule. Public
 4456  postsecondary educational institutions shall provide appropriate
 4457  modifications of the test instruments or test procedures for
 4458  students with disabilities.
 4459         (3) By October 31, 2013, The State Board of Community
 4460  Colleges, in conjunction with the Board of Governors and the
 4461  State Board of Education, Education shall establish by rule the
 4462  test scores a student must achieve to demonstrate readiness to
 4463  perform college-level work, and the rules must specify the
 4464  following:
 4465         (a) A student who entered 9th grade in a Florida public
 4466  school in the 2003-2004 school year, or any year thereafter, and
 4467  earned a Florida standard high school diploma or a student who
 4468  is serving as an active duty member of any branch of the United
 4469  States Armed Services shall not be required to take the common
 4470  placement test and shall not be required to enroll in
 4471  developmental education instruction in a Florida Community
 4472  College System institution. However, a student who is not
 4473  required to take the common placement test and is not required
 4474  to enroll in developmental education under this paragraph may
 4475  opt to be assessed and to enroll in developmental education
 4476  instruction, and the college shall provide such assessment and
 4477  instruction upon the student’s request.
 4478         (b) A student who takes the common placement test and whose
 4479  score on the test indicates a need for developmental education
 4480  must be advised of all the developmental education options
 4481  offered at the institution and, after advisement, shall be
 4482  allowed to enroll in the developmental education option of his
 4483  or her choice.
 4484         (c) A student who demonstrates readiness by achieving or
 4485  exceeding the test scores established by the state board and
 4486  enrolls in a Florida Community College System institution within
 4487  2 years after achieving such scores shall not be required to
 4488  retest or complete developmental education when admitted to any
 4489  Florida Community College System institution.
 4490         (4) By December 31, 2013, The State Board of Community
 4491  Colleges Education, in consultation with the Board of Governors,
 4492  shall approve a series of meta-majors and the academic pathways
 4493  that identify the gateway courses associated with each meta
 4494  major. Florida Community College System institutions shall use
 4495  placement test results to determine the extent to which each
 4496  student demonstrates sufficient communication and computation
 4497  skills to indicate readiness for his or her chosen meta-major.
 4498  Florida Community College System institutions shall counsel
 4499  students into college credit courses as quickly as possible,
 4500  with developmental education limited to that content needed for
 4501  success in the meta-major.
 4502         (5)(a) Each Florida Community College System institution
 4503  board of trustees shall develop a plan to implement the
 4504  developmental education strategies defined in s. 1008.02 and
 4505  rules established by the State Board of Community Colleges
 4506  Education. The plan must be submitted to the Chancellor of the
 4507  Florida Community College System for approval no later than
 4508  March 1, 2014, for implementation no later than the fall
 4509  semester 2014. Each plan must include, at a minimum, local
 4510  policies that outline:
 4511         1. Documented student achievements such as grade point
 4512  averages, work history, military experience, participation in
 4513  juried competitions, career interests, degree major declaration,
 4514  or any combination of such achievements that the institution may
 4515  consider, in addition to common placement test scores, for
 4516  advising students regarding enrollment options.
 4517         2. Developmental education strategies available to
 4518  students.
 4519         3. A description of student costs and financial aid
 4520  opportunities associated with each option.
 4521         4. Provisions for the collection of student success data.
 4522         5. A comprehensive plan for advising students into
 4523  appropriate developmental education strategies based on student
 4524  success data.
 4525         (b) Beginning October 31, 2015, each Florida Community
 4526  College System institution shall annually prepare an
 4527  accountability report that includes student success data
 4528  relating to each developmental education strategy implemented by
 4529  the institution. The report shall be submitted to the State
 4530  Board of Community Division of Florida Colleges by October 31 in
 4531  a format determined by the Chancellor of the Florida Community
 4532  College System. By December 31, the chancellor shall compile and
 4533  submit the institutional reports to the Governor, the President
 4534  of the Senate, the Speaker of the House of Representatives, and
 4535  the State Board of Community Colleges and the State Board of
 4536  Education.
 4537         (c) A university board of trustees may contract with a
 4538  Florida Community College System institution board of trustees
 4539  for the Florida Community College System institution to provide
 4540  developmental education on the state university campus. Any
 4541  state university in which the percentage of incoming students
 4542  requiring developmental education equals or exceeds the average
 4543  percentage of such students for the Florida Community College
 4544  System may offer developmental education without contracting
 4545  with a Florida Community College System institution; however,
 4546  any state university offering college-preparatory instruction as
 4547  of January 1, 1996, may continue to provide such services.
 4548         Section 68. Paragraphs (d) and (e) of subsection (1) and
 4549  paragraphs (a) and (c) of subsection (3) of section 1008.31,
 4550  Florida Statutes, are amended to read:
 4551         1008.31 Florida’s K-20 education performance accountability
 4552  system; legislative intent; mission, goals, and systemwide
 4553  measures; data quality improvements.—
 4554         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4555  that:
 4556         (d) The State Board of Education, and the Board of
 4557  Governors of the State University System, and the State Board of
 4558  Community Colleges of the Florida Community College System
 4559  recommend to the Legislature systemwide performance standards;
 4560  the Legislature establish systemwide performance measures and
 4561  standards; and the systemwide measures and standards provide
 4562  Floridians with information on what the public is receiving in
 4563  return for the funds it invests in education and how well the K
 4564  20 system educates its students.
 4565         (e)1. The State Board of Education establish performance
 4566  measures and set performance standards for individual public
 4567  schools and Florida College System institutions, with measures
 4568  and standards based primarily on student achievement.
 4569         2. The Board of Governors of the State University System
 4570  establish performance measures and set performance standards for
 4571  individual state universities, including actual completion
 4572  rates.
 4573         3. The State Board of Community Colleges establish
 4574  performance measures and set performance standards for
 4575  individual Florida Community College System institutions.
 4576         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4577  data required to implement education performance accountability
 4578  measures in state and federal law, the Commissioner of Education
 4579  shall initiate and maintain strategies to improve data quality
 4580  and timeliness. The Board of Governors shall make available to
 4581  the department all data within the State University Database
 4582  System to be integrated into the K-20 data warehouse. The
 4583  commissioner shall have unlimited access to such data for the
 4584  purposes of conducting studies, reporting annual and
 4585  longitudinal student outcomes, and improving college readiness
 4586  and articulation. All public educational institutions shall
 4587  annually provide data from the prior year to the K-20 data
 4588  warehouse in a format based on data elements identified by the
 4589  commissioner.
 4590         (a) School districts and public postsecondary educational
 4591  institutions shall maintain information systems that will
 4592  provide the State Board of Education, the Board of Governors of
 4593  the State University System, the State Board of Community
 4594  Colleges of the Florida Community College System, and the
 4595  Legislature with information and reports necessary to address
 4596  the specifications of the accountability system. The level of
 4597  comprehensiveness and quality must be no less than that which
 4598  was available as of June 30, 2001.
 4599         (c) The Commissioner of Education shall determine the
 4600  standards for the required data, monitor data quality, and
 4601  measure improvements. The commissioner shall report annually to
 4602  the State Board of Education, the Board of Governors of the
 4603  State University System, the State Board of Community Colleges
 4604  of the Florida Community College System, the President of the
 4605  Senate, and the Speaker of the House of Representatives data
 4606  quality indicators and ratings for all school districts and
 4607  public postsecondary educational institutions.
 4608         Section 69. Section 1008.32, Florida Statutes, is amended
 4609  to read:
 4610         1008.32 State Board of Education oversight enforcement
 4611  authority.—The State Board of Education shall oversee the
 4612  performance of district school boards and Florida College System
 4613  institution boards of trustees in enforcement of all laws and
 4614  rules. District school boards and Florida College System
 4615  institution boards of trustees shall be primarily responsible
 4616  for compliance with law and state board rule.
 4617         (1) In order to ensure compliance with law or state board
 4618  rule, the State Board of Education shall have the authority to
 4619  request and receive information, data, and reports from school
 4620  districts and Florida College System institutions. District
 4621  school superintendents and Florida College System institution
 4622  presidents are responsible for the accuracy of the information
 4623  and data reported to the state board.
 4624         (2) The Commissioner of Education may investigate
 4625  allegations of noncompliance with law or state board rule and
 4626  determine probable cause. The commissioner shall report
 4627  determinations of probable cause to the State Board of Education
 4628  which shall require the district school board or Florida College
 4629  System institution board of trustees to document compliance with
 4630  law or state board rule.
 4631         (3) If the district school board or Florida College System
 4632  institution board of trustees cannot satisfactorily document
 4633  compliance, the State Board of Education may order compliance
 4634  within a specified timeframe.
 4635         (4) If the State Board of Education determines that a
 4636  district school board or Florida College System institution
 4637  board of trustees is unwilling or unable to comply with law or
 4638  state board rule within the specified time, the state board
 4639  shall have the authority to initiate any of the following
 4640  actions:
 4641         (a) Report to the Legislature that the school district or
 4642  Florida College System institution is unwilling or unable to
 4643  comply with law or state board rule and recommend action to be
 4644  taken by the Legislature.
 4645         (b) Withhold the transfer of state funds, discretionary
 4646  grant funds, discretionary lottery funds, or any other funds
 4647  specified as eligible for this purpose by the Legislature until
 4648  the school district or Florida College System institution
 4649  complies with the law or state board rule.
 4650         (c) Declare the school district or Florida College System
 4651  institution ineligible for competitive grants.
 4652         (d) Require monthly or periodic reporting on the situation
 4653  related to noncompliance until it is remedied.
 4654         (5) Nothing in this section shall be construed to create a
 4655  private cause of action or create any rights for individuals or
 4656  entities in addition to those provided elsewhere in law or rule.
 4657         Section 70. Paragraphs (e) and (f) of subsection (7) of
 4658  section 1008.345, Florida Statutes, are amended to read:
 4659         1008.345 Implementation of state system of school
 4660  improvement and education accountability.—
 4661         (7) As a part of the system of educational accountability,
 4662  the Department of Education shall:
 4663         (e) Maintain a listing of college-level communication and
 4664  mathematics skills associated with successful student
 4665  performance through the baccalaureate level and submit it to the
 4666  State Board of Education, and the Board of Governors, and the
 4667  State Board of Community Colleges for approval.
 4668         (f) Perform any other functions that may be involved in
 4669  educational planning, research, and evaluation or that may be
 4670  required by the commissioner, the State Board of Education, the
 4671  State Board of Community Colleges, the Board of Governors, or
 4672  law.
 4673         Section 71. Subsections (1) and (2) of section 1008.37,
 4674  Florida Statutes, are amended to read:
 4675         1008.37 Postsecondary feedback of information to high
 4676  schools.—
 4677         (1) The Commissioner of Education shall report to the State
 4678  Board of Education, the Board of Governors, the State Board of
 4679  Community Colleges, the Legislature, and the district school
 4680  boards on the performance of each first-time-in-postsecondary
 4681  education student from each public high school in this state who
 4682  is enrolled in a public postsecondary institution or public
 4683  career center. Such reports must be based on information
 4684  databases maintained by the Department of Education. In
 4685  addition, the public postsecondary educational institutions and
 4686  career centers shall provide district school boards access to
 4687  information on student performance in regular and preparatory
 4688  courses and shall indicate students referred for remediation
 4689  pursuant to s. 1004.91 or s. 1008.30.
 4690         (2) The Commissioner of Education shall report, by high
 4691  school, to the State Board of Education, the Board of Governors,
 4692  the State Board of Community Colleges, and the Legislature, no
 4693  later than November 30 of each year, on the number of prior year
 4694  Florida high school graduates who enrolled for the first time in
 4695  public postsecondary education in this state during the previous
 4696  summer, fall, or spring term, indicating the number of students
 4697  whose scores on the common placement test indicated the need for
 4698  developmental education under s. 1008.30 or for applied
 4699  academics for adult education under s. 1004.91.
 4700         Section 72. Section 1008.38, Florida Statutes, is amended
 4701  to read:
 4702         1008.38 Articulation accountability process.—The State
 4703  Board of Education, in conjunction with the Board of Governors
 4704  and the State Board of Community Colleges, shall develop
 4705  articulation accountability measures which assess the status of
 4706  systemwide articulation processes authorized under s. 1007.23
 4707  and establish an articulation accountability process which at a
 4708  minimum shall address:
 4709         (1) The impact of articulation processes on ensuring
 4710  educational continuity and the orderly and unobstructed
 4711  transition of students between public secondary and
 4712  postsecondary education systems and facilitating the transition
 4713  of students between the public and private sectors.
 4714         (2) The adequacy of preparation of public secondary
 4715  students to smoothly articulate to a public postsecondary
 4716  institution.
 4717         (3) The effectiveness of articulated acceleration
 4718  mechanisms available to secondary students.
 4719         (4) The smooth transfer of Florida Community College System
 4720  associate degree graduates to a Florida Community College System
 4721  institution or a state university.
 4722         (5) An examination of degree requirements that exceed the
 4723  parameters of 60 credit hours for an associate degree and 120
 4724  hours for a baccalaureate degree in public postsecondary
 4725  programs.
 4726         (6) The relationship between student attainment of college
 4727  level academic skills and articulation to the upper division in
 4728  public postsecondary institutions.
 4729         Section 73. Section 1008.405, Florida Statutes, is amended
 4730  to read:
 4731         1008.405 Adult student information.—Each school district
 4732  and Florida Community College System institution shall maintain
 4733  sufficient information for each student enrolled in workforce
 4734  education to allow local and state administrators to locate such
 4735  student upon the termination of instruction and to determine the
 4736  appropriateness of student placement in specific instructional
 4737  programs. The State Board of Education and the State Board of
 4738  Community Colleges shall adopt, by rule, specific information
 4739  that must be maintained and acceptable means of maintaining that
 4740  information.
 4741         Section 74. Subsection (2) of section 1008.44, Florida
 4742  Statutes, is amended to read:
 4743         1008.44 CAPE Industry Certification Funding List and CAPE
 4744  Postsecondary Industry Certification Funding List.—
 4745         (2) The State Board of Education, for school districts, and
 4746  the State Board of Community Colleges, for Florida Community
 4747  College System institutions, shall collaborate to approve, at
 4748  least annually, the CAPE Postsecondary Industry Certification
 4749  Funding List pursuant to this section. The Commissioner of
 4750  Education and the Chancellor of the Florida Community College
 4751  System shall recommend, at least annually, the CAPE
 4752  Postsecondary Industry Certification Funding List to the State
 4753  Board of Education and the State Board of Community Colleges,
 4754  respectively, and may at any time recommend adding
 4755  certifications. The Chancellor of the State University System,
 4756  the Chancellor of the Florida Community College System, and the
 4757  Chancellor of Career and Adult Education shall work with local
 4758  workforce boards, other postsecondary institutions, businesses,
 4759  and industry to identify, create, and recommend to the
 4760  Commissioner of Education industry certifications to be placed
 4761  on the funding list. The list shall be used to determine annual
 4762  performance funding distributions to school districts or Florida
 4763  Community College System institutions as specified in ss.
 4764  1011.80 and 1011.81, respectively. The chancellors shall review
 4765  results of the economic security report of employment and
 4766  earning outcomes produced annually pursuant to s. 445.07 when
 4767  determining recommended certifications for the list, as well as
 4768  other reports and indicators available regarding certification
 4769  needs.
 4770         Section 75. Section 1008.45, Florida Statutes, is amended
 4771  to read:
 4772         1008.45 Florida Community College System institution
 4773  accountability process.—
 4774         (1) It is the intent of the Legislature that a management
 4775  and accountability process be implemented which provides for the
 4776  systematic, ongoing improvement and assessment of the
 4777  improvement of the quality and efficiency of the Florida
 4778  Community College System institutions. Accordingly, the State
 4779  Board of Community Colleges Education and the Florida Community
 4780  College System institution boards of trustees shall develop and
 4781  implement an accountability plan to improve and evaluate the
 4782  instructional and administrative efficiency and effectiveness of
 4783  the Florida Community College System. This plan shall be
 4784  designed in consultation with staff of the Governor and the
 4785  Legislature and must address the following issues:
 4786         (a) Graduation rates of A.A. and A.S. degree-seeking
 4787  students compared to first-time-enrolled students seeking the
 4788  associate degree.
 4789         (b) Minority student enrollment and retention rates.
 4790         (c) Student performance, including student performance in
 4791  college-level academic skills, mean grade point averages for
 4792  Florida Community College System institution A.A. transfer
 4793  students, and Florida Community College System institution
 4794  student performance on state licensure examinations.
 4795         (d) Job placement rates of Florida Community College System
 4796  institution career students.
 4797         (e) Student progression by admission status and program.
 4798         (f) Career accountability standards identified in s.
 4799  1008.42.
 4800         (g) Institutional assessment efforts related to the
 4801  requirements of s. III in the Criteria for Accreditation of the
 4802  Commission on Colleges of the Southern Association of Colleges
 4803  and Schools.
 4804         (h) Other measures approved by the State Board of Community
 4805  Colleges Education.
 4806         (2) The State Board of Community Colleges Education shall
 4807  submit an annual report, to coincide with the submission of the
 4808  state board’s agency strategic plan required by law, providing
 4809  the results of initiatives taken during the prior year and the
 4810  initiatives and related objective performance measures proposed
 4811  for the next year.
 4812         (3) The State Board of Community Colleges Education shall
 4813  address within the annual evaluation of the performance of the
 4814  chancellor executive director, and the Florida Community College
 4815  System institution boards of trustees shall address within the
 4816  annual evaluation of the presidents, the achievement of the
 4817  performance goals established by the accountability process.
 4818         Section 76. Section 1009.21, Florida Statutes, is amended
 4819  to read:
 4820         1009.21 Determination of resident status for tuition
 4821  purposes.—Students shall be classified as residents or
 4822  nonresidents for the purpose of assessing tuition in
 4823  postsecondary educational programs offered by charter technical
 4824  career centers or career centers operated by school districts,
 4825  in Florida Community College System institutions, and in state
 4826  universities.
 4827         (1) As used in this section, the term:
 4828         (a) “Dependent child” means any person, whether or not
 4829  living with his or her parent, who is eligible to be claimed by
 4830  his or her parent as a dependent under the federal income tax
 4831  code.
 4832         (b) “Initial enrollment” means the first day of class at an
 4833  institution of higher education.
 4834         (c) “Institution of higher education” means any charter
 4835  technical career center as defined in s. 1002.34, career center
 4836  operated by a school district as defined in s. 1001.44, Florida
 4837  Community College System institution as defined in s.
 4838  1000.21(3), or state university as defined in s. 1000.21(6).
 4839         (d) “Legal resident” or “resident” means a person who has
 4840  maintained his or her residence in this state for the preceding
 4841  year, has purchased a home which is occupied by him or her as
 4842  his or her residence, or has established a domicile in this
 4843  state pursuant to s. 222.17.
 4844         (e) “Nonresident for tuition purposes” means a person who
 4845  does not qualify for the in-state tuition rate.
 4846         (f) “Parent” means either or both parents of a student, any
 4847  guardian of a student, or any person in a parental relationship
 4848  to a student.
 4849         (g) “Resident for tuition purposes” means a person who
 4850  qualifies as provided in this section for the in-state tuition
 4851  rate.
 4852         (2)(a) To qualify as a resident for tuition purposes:
 4853         1. A person or, if that person is a dependent child, his or
 4854  her parent or parents must have established legal residence in
 4855  this state and must have maintained legal residence in this
 4856  state for at least 12 consecutive months immediately prior to
 4857  his or her initial enrollment in an institution of higher
 4858  education.
 4859         2. Every applicant for admission to an institution of
 4860  higher education shall be required to make a statement as to his
 4861  or her length of residence in the state and, further, shall
 4862  establish that his or her presence or, if the applicant is a
 4863  dependent child, the presence of his or her parent or parents in
 4864  the state currently is, and during the requisite 12-month
 4865  qualifying period was, for the purpose of maintaining a bona
 4866  fide domicile, rather than for the purpose of maintaining a mere
 4867  temporary residence or abode incident to enrollment in an
 4868  institution of higher education.
 4869         (b) However, with respect to a dependent child living with
 4870  an adult relative other than the child’s parent, such child may
 4871  qualify as a resident for tuition purposes if the adult relative
 4872  is a legal resident who has maintained legal residence in this
 4873  state for at least 12 consecutive months immediately before the
 4874  child’s initial enrollment in an institution of higher
 4875  education, provided the child has resided continuously with such
 4876  relative for the 3 years immediately before the child’s initial
 4877  enrollment in an institution of higher education, during which
 4878  time the adult relative has exercised day-to-day care,
 4879  supervision, and control of the child.
 4880         (c) The legal residence of a dependent child whose parents
 4881  are divorced, separated, or otherwise living apart will be
 4882  deemed to be this state if either parent is a legal resident of
 4883  this state, regardless of which parent is entitled to claim, and
 4884  does in fact claim, the minor as a dependent pursuant to federal
 4885  individual income tax provisions.
 4886         (d) A dependent child who is a United States citizen may
 4887  not be denied classification as a resident for tuition purposes
 4888  based solely upon the immigration status of his or her parent.
 4889         (3)(a) An individual shall not be classified as a resident
 4890  for tuition purposes and, thus, shall not be eligible to receive
 4891  the in-state tuition rate until he or she has provided such
 4892  evidence related to legal residence and its duration or, if that
 4893  individual is a dependent child, evidence of his or her parent’s
 4894  legal residence and its duration, as may be required by law and
 4895  by officials of the institution of higher education from which
 4896  he or she seeks the in-state tuition rate.
 4897         (b) Except as otherwise provided in this section, evidence
 4898  of legal residence and its duration shall include clear and
 4899  convincing documentation that residency in this state was for a
 4900  minimum of 12 consecutive months prior to a student’s initial
 4901  enrollment in an institution of higher education.
 4902         (c) Each institution of higher education shall
 4903  affirmatively determine that an applicant who has been granted
 4904  admission to that institution as a Florida resident meets the
 4905  residency requirements of this section at the time of initial
 4906  enrollment. The residency determination must be documented by
 4907  the submission of written or electronic verification that
 4908  includes two or more of the documents identified in this
 4909  paragraph. No single piece of evidence shall be conclusive.
 4910         1. The documents must include at least one of the
 4911  following:
 4912         a. A Florida voter’s registration card.
 4913         b. A Florida driver license.
 4914         c. A State of Florida identification card.
 4915         d. A Florida vehicle registration.
 4916         e. Proof of a permanent home in Florida which is occupied
 4917  as a primary residence by the individual or by the individual’s
 4918  parent if the individual is a dependent child.
 4919         f. Proof of a homestead exemption in Florida.
 4920         g. Transcripts from a Florida high school for multiple
 4921  years if the Florida high school diploma or high school
 4922  equivalency diploma was earned within the last 12 months.
 4923         h. Proof of permanent full-time employment in Florida for
 4924  at least 30 hours per week for a 12-month period.
 4925         2. The documents may include one or more of the following:
 4926         a. A declaration of domicile in Florida.
 4927         b. A Florida professional or occupational license.
 4928         c. Florida incorporation.
 4929         d. A document evidencing family ties in Florida.
 4930         e. Proof of membership in a Florida-based charitable or
 4931  professional organization.
 4932         f. Any other documentation that supports the student’s
 4933  request for resident status, including, but not limited to,
 4934  utility bills and proof of 12 consecutive months of payments; a
 4935  lease agreement and proof of 12 consecutive months of payments;
 4936  or an official state, federal, or court document evidencing
 4937  legal ties to Florida.
 4938         (4) With respect to a dependent child, the legal residence
 4939  of the dependent child’s parent or parents is prima facie
 4940  evidence of the dependent child’s legal residence, which
 4941  evidence may be reinforced or rebutted, relative to the age and
 4942  general circumstances of the dependent child, by the other
 4943  evidence of legal residence required of or presented by the
 4944  dependent child. However, the legal residence of a dependent
 4945  child’s parent or parents who are domiciled outside this state
 4946  is not prima facie evidence of the dependent child’s legal
 4947  residence if that dependent child has lived in this state for 5
 4948  consecutive years prior to enrolling or reregistering at the
 4949  institution of higher education at which resident status for
 4950  tuition purposes is sought.
 4951         (5) A person who physically resides in this state may be
 4952  classified as a resident for tuition purposes if he or she
 4953  marries a person who meets the 12-month residency requirement
 4954  under subsection (2) and who is a legal resident of this state.
 4955         (6)(a) Except as otherwise provided in this section, a
 4956  person who is classified as a nonresident for tuition purposes
 4957  may become eligible for reclassification as a resident for
 4958  tuition purposes if that person or, if that person is a
 4959  dependent child, his or her parent presents clear and convincing
 4960  documentation that supports permanent legal residency in this
 4961  state for at least 12 consecutive months rather than temporary
 4962  residency for the purpose of pursuing an education, such as
 4963  documentation of full-time permanent employment for the prior 12
 4964  months or the purchase of a home in this state and residence
 4965  therein for the prior 12 months while not enrolled in an
 4966  institution of higher education.
 4967         (b) If a person who is a dependent child and his or her
 4968  parent move to this state while such child is a high school
 4969  student and the child graduates from a high school in this
 4970  state, the child may become eligible for reclassification as a
 4971  resident for tuition purposes when the parent submits evidence
 4972  that the parent qualifies for permanent residency.
 4973         (c) If a person who is a dependent child and his or her
 4974  parent move to this state after such child graduates from high
 4975  school, the child may become eligible for reclassification as a
 4976  resident for tuition purposes after the parent submits evidence
 4977  that he or she has established legal residence in the state and
 4978  has maintained legal residence in the state for at least 12
 4979  consecutive months.
 4980         (d) A person who is classified as a nonresident for tuition
 4981  purposes and who marries a legal resident of the state or
 4982  marries a person who becomes a legal resident of the state may,
 4983  upon becoming a legal resident of the state, become eligible for
 4984  reclassification as a resident for tuition purposes upon
 4985  submitting evidence of his or her own legal residency in the
 4986  state, evidence of his or her marriage to a person who is a
 4987  legal resident of the state, and evidence of the spouse’s legal
 4988  residence in the state for at least 12 consecutive months
 4989  immediately preceding the application for reclassification.
 4990         (7) A person shall not lose his or her resident status for
 4991  tuition purposes solely by reason of serving, or, if such person
 4992  is a dependent child, by reason of his or her parent’s or
 4993  parents’ serving, in the Armed Forces outside this state.
 4994         (8) A person who has been properly classified as a resident
 4995  for tuition purposes but who, while enrolled in an institution
 4996  of higher education in this state, loses his or her resident
 4997  tuition status because the person or, if he or she is a
 4998  dependent child, the person’s parent or parents establish
 4999  domicile or legal residence elsewhere shall continue to enjoy
 5000  the in-state tuition rate for a statutory grace period, which
 5001  period shall be measured from the date on which the
 5002  circumstances arose that culminated in the loss of resident
 5003  tuition status and shall continue for 12 months. However, if the
 5004  12-month grace period ends during a semester or academic term
 5005  for which such former resident is enrolled, such grace period
 5006  shall be extended to the end of that semester or academic term.
 5007         (9) Any person who ceases to be enrolled at or who
 5008  graduates from an institution of higher education while
 5009  classified as a resident for tuition purposes and who
 5010  subsequently abandons his or her domicile in this state shall be
 5011  permitted to reenroll at an institution of higher education in
 5012  this state as a resident for tuition purposes without the
 5013  necessity of meeting the 12-month durational requirement of this
 5014  section if that person has reestablished his or her domicile in
 5015  this state within 12 months of such abandonment and continuously
 5016  maintains the reestablished domicile during the period of
 5017  enrollment. The benefit of this subsection shall not be accorded
 5018  more than once to any one person.
 5019         (10) The following persons shall be classified as residents
 5020  for tuition purposes:
 5021         (a) Active duty members of the Armed Services of the United
 5022  States residing or stationed in this state, their spouses, and
 5023  dependent children, and active drilling members of the Florida
 5024  National Guard.
 5025         (b) Active duty members of the Armed Services of the United
 5026  States and their spouses and dependents attending a Florida
 5027  Community College System institution or state university within
 5028  50 miles of the military establishment where they are stationed,
 5029  if such military establishment is within a county contiguous to
 5030  Florida.
 5031         (c) United States citizens living on the Isthmus of Panama,
 5032  who have completed 12 consecutive months of college work at the
 5033  Florida State University Panama Canal Branch, and their spouses
 5034  and dependent children.
 5035         (d) Full-time instructional and administrative personnel
 5036  employed by state public schools and institutions of higher
 5037  education and their spouses and dependent children.
 5038         (e) Students from Latin America and the Caribbean who
 5039  receive scholarships from the federal or state government. Any
 5040  student classified pursuant to this paragraph shall attend, on a
 5041  full-time basis, a Florida institution of higher education.
 5042         (f) Southern Regional Education Board’s Academic Common
 5043  Market graduate students attending Florida’s state universities.
 5044         (g) Full-time employees of state agencies or political
 5045  subdivisions of the state when the student fees are paid by the
 5046  state agency or political subdivision for the purpose of job
 5047  related law enforcement or corrections training.
 5048         (h) McKnight Doctoral Fellows and Finalists who are United
 5049  States citizens.
 5050         (i) United States citizens living outside the United States
 5051  who are teaching at a Department of Defense Dependent School or
 5052  in an American International School and who enroll in a graduate
 5053  level education program which leads to a Florida teaching
 5054  certificate.
 5055         (j) Active duty members of the Canadian military residing
 5056  or stationed in this state under the North American Air Defense
 5057  (NORAD) agreement, and their spouses and dependent children,
 5058  attending a Florida Community College System institution or
 5059  state university within 50 miles of the military establishment
 5060  where they are stationed.
 5061         (k) Active duty members of a foreign nation’s military who
 5062  are serving as liaison officers and are residing or stationed in
 5063  this state, and their spouses and dependent children, attending
 5064  a Florida Community College System institution or state
 5065  university within 50 miles of the military establishment where
 5066  the foreign liaison officer is stationed.
 5067         (11) Once a student has been classified as a resident for
 5068  tuition purposes, an institution of higher education to which
 5069  the student transfers is not required to reevaluate the
 5070  classification unless inconsistent information suggests that an
 5071  erroneous classification was made or the student’s situation has
 5072  changed. However, the student must have attended the institution
 5073  making the initial classification within the prior 12 months,
 5074  and the residency classification must be noted on the student’s
 5075  transcript. The Higher Education Coordinating Council shall
 5076  consider issues related to residency determinations and make
 5077  recommendations relating to efficiency and effectiveness of
 5078  current law.
 5079         (12) Each institution of higher education shall establish a
 5080  residency appeal committee comprised of at least three members
 5081  to consider student appeals of residency determinations, in
 5082  accordance with the institution’s official appeal process. The
 5083  residency appeal committee must render to the student the final
 5084  residency determination in writing. The institution must advise
 5085  the student of the reasons for the determination.
 5086         (13) The State Board of Education, and the Board of
 5087  Governors, and the State Board of Community Colleges shall adopt
 5088  rules to implement this section.
 5089         Section 77. Paragraph (e) of subsection (3) of section
 5090  1009.22, Florida Statutes, is amended to read:
 5091         1009.22 Workforce education postsecondary student fees.—
 5092         (3)
 5093         (e) The State Board of Education and the State Board of
 5094  Community Colleges may adopt, by rule, the definitions and
 5095  procedures that district school boards and Florida Community
 5096  College System institution boards of trustees shall use in the
 5097  calculation of cost borne by students.
 5098         Section 78. Section 1009.23, Florida Statutes, is amended
 5099  to read:
 5100         1009.23 Florida Community College System institution
 5101  student fees.—
 5102         (1) Unless otherwise provided, this section applies only to
 5103  fees charged for college credit instruction leading to an
 5104  associate in arts degree, an associate in applied science
 5105  degree, an associate in science degree, or a baccalaureate
 5106  degree authorized pursuant to s. 1007.33, for noncollege credit
 5107  developmental education defined in s. 1004.02, and for educator
 5108  preparation institute programs defined in s. 1004.85.
 5109         (2)(a) All students shall be charged fees except students
 5110  who are exempt from fees or students whose fees are waived.
 5111         (b) Tuition and out-of-state fees for upper-division
 5112  courses must reflect the fact that the Florida Community College
 5113  System institution has a less expensive cost structure than that
 5114  of a state university. Therefore, the board of trustees shall
 5115  establish tuition and out-of-state fees for upper-division
 5116  courses in baccalaureate degree programs approved pursuant to s.
 5117  1007.33 consistent with law and proviso language in the General
 5118  Appropriations Act. However, the board of trustees may vary
 5119  tuition and out-of-state fees only as provided in subsection (6)
 5120  and s. 1009.26(11).
 5121         (3)(a) Effective July 1, 2014, for advanced and
 5122  professional, postsecondary vocational, developmental education,
 5123  and educator preparation institute programs, the standard
 5124  tuition shall be $71.98 per credit hour for residents and
 5125  nonresidents, and the out-of-state fee shall be $215.94 per
 5126  credit hour.
 5127         (b) Effective July 1, 2014, for baccalaureate degree
 5128  programs, the following tuition and fee rates shall apply:
 5129         1. The tuition shall be $91.79 per credit hour for students
 5130  who are residents for tuition purposes.
 5131         2. The sum of the tuition and he out-of-state fee per
 5132  credit hour for students who are nonresidents for tuition
 5133  purposes shall be no more than 85 percent of the sum of the
 5134  tuition and the out-of-state fee at the state university nearest
 5135  the Florida Community College System institution.
 5136         (4) Each Florida Community College System institution board
 5137  of trustees shall establish tuition and out-of-state fees, which
 5138  may vary no more than 10 percent below and 15 percent above the
 5139  combined total of the standard tuition and fees established in
 5140  subsection (3).
 5141         (5) Except as otherwise provided in law, the sum of
 5142  nonresident student tuition and out-of-state fees must be
 5143  sufficient to defray the full cost of each program.
 5144         (6)(a) A Florida Community College System institution board
 5145  of trustees that has a service area that borders another state
 5146  may implement a plan for a differential out-of-state fee.
 5147         (b) A Florida Community College System institution board of
 5148  trustees may establish a differential out-of-state fee for a
 5149  student who has been determined to be a nonresident for tuition
 5150  purposes pursuant to s. 1009.21 and is enrolled in a distance
 5151  learning course offered by the institution. A differential out
 5152  of-state fee established pursuant to this paragraph shall be
 5153  applicable only to distance learning courses and must be
 5154  established such that the sum of tuition and the differential
 5155  out-of-state fee is sufficient to defray the full cost of
 5156  instruction.
 5157         (7) Each Florida Community College System institution board
 5158  of trustees may establish a separate activity and service fee
 5159  not to exceed 10 percent of the tuition fee, according to rules
 5160  of the State Board of Community Colleges Education. The student
 5161  activity and service fee shall be collected as a component part
 5162  of the tuition and fees. The student activity and service fees
 5163  shall be paid into a student activity and service fund at the
 5164  Florida Community College System institution and shall be
 5165  expended for lawful purposes to benefit the student body in
 5166  general. These purposes include, but are not limited to, student
 5167  publications and grants to duly recognized student
 5168  organizations, the membership of which is open to all students
 5169  at the Florida Community College System institution without
 5170  regard to race, sex, or religion. No Florida Community College
 5171  System institution shall be required to lower any activity and
 5172  service fee approved by the board of trustees of the Florida
 5173  Community College System institution and in effect prior to
 5174  October 26, 2007, in order to comply with the provisions of this
 5175  subsection.
 5176         (8)(a) Each Florida Community College System institution
 5177  board of trustees is authorized to establish a separate fee for
 5178  financial aid purposes in an additional amount up to, but not to
 5179  exceed, 5 percent of the total student tuition or out-of-state
 5180  fees collected. Each Florida Community College System
 5181  institution board of trustees may collect up to an additional 2
 5182  percent if the amount generated by the total financial aid fee
 5183  is less than $500,000. If the amount generated is less than
 5184  $500,000, a Florida Community College System institution that
 5185  charges tuition and out-of-state fees at least equal to the
 5186  average fees established by rule may transfer from the general
 5187  current fund to the scholarship fund an amount equal to the
 5188  difference between $500,000 and the amount generated by the
 5189  total financial aid fee assessment. No other transfer from the
 5190  general current fund to the loan, endowment, or scholarship
 5191  fund, by whatever name known, is authorized.
 5192         (b) All funds collected under this program shall be placed
 5193  in the loan and endowment fund or scholarship fund of the
 5194  college, by whatever name known. Such funds shall be disbursed
 5195  to students as quickly as possible. An amount not greater than
 5196  40 percent of the fees collected in a fiscal year may be carried
 5197  forward unexpended to the following fiscal year. However, funds
 5198  collected prior to July 1, 1989, and placed in an endowment fund
 5199  may not be considered part of the balance of funds carried
 5200  forward unexpended to the following fiscal year.
 5201         (c) Up to 25 percent or $600,000, whichever is greater, of
 5202  the financial aid fees collected may be used to assist students
 5203  who demonstrate academic merit; who participate in athletics,
 5204  public service, cultural arts, and other extracurricular
 5205  programs as determined by the institution; or who are identified
 5206  as members of a targeted gender or ethnic minority population.
 5207  The financial aid fee revenues allocated for athletic
 5208  scholarships and any fee exemptions provided to athletes
 5209  pursuant to s. 1009.25(2) must be distributed equitably as
 5210  required by s. 1000.05(3)(d). A minimum of 75 percent of the
 5211  balance of these funds for new awards shall be used to provide
 5212  financial aid based on absolute need, and the remainder of the
 5213  funds shall be used for academic merit purposes and other
 5214  purposes approved by the boards of trustees. Such other purposes
 5215  shall include the payment of child care fees for students with
 5216  financial need. The State Board of Education shall develop
 5217  criteria for making financial aid awards. Each college shall
 5218  report annually to the Department of Education on the revenue
 5219  collected pursuant to this paragraph, the amount carried
 5220  forward, the criteria used to make awards, the amount and number
 5221  of awards for each criterion, and a delineation of the
 5222  distribution of such awards. The report shall include an
 5223  assessment by category of the financial need of every student
 5224  who receives an award, regardless of the purpose for which the
 5225  award is received. Awards that are based on financial need shall
 5226  be distributed in accordance with a nationally recognized system
 5227  of need analysis approved by the State Board of Education. An
 5228  award for academic merit requires a minimum overall grade point
 5229  average of 3.0 on a 4.0 scale or the equivalent for both initial
 5230  receipt of the award and renewal of the award.
 5231         (d) These funds may not be used for direct or indirect
 5232  administrative purposes or salaries.
 5233         (9) Any Florida Community College System institution that
 5234  reports students who have not paid fees in an approved manner in
 5235  calculations of full-time equivalent enrollments for state
 5236  funding purposes shall be penalized at a rate equal to two times
 5237  the value of such enrollments. Such penalty shall be charged
 5238  against the following year’s allocation from the Florida
 5239  Community College System Program Fund and shall revert to the
 5240  General Revenue Fund.
 5241         (10) Each Florida Community College System institution
 5242  board of trustees is authorized to establish a separate fee for
 5243  technology, which may not exceed 5 percent of tuition per credit
 5244  hour or credit-hour equivalent for resident students and may not
 5245  exceed 5 percent of tuition and the out-of-state fee per credit
 5246  hour or credit-hour equivalent for nonresident students.
 5247  Revenues generated from the technology fee shall be used to
 5248  enhance instructional technology resources for students and
 5249  faculty. The technology fee may apply to both college credit and
 5250  developmental education and shall not be included in any award
 5251  under the Florida Bright Futures Scholarship Program. Fifty
 5252  percent of technology fee revenues may be pledged by a Florida
 5253  Community College System institution board of trustees as a
 5254  dedicated revenue source for the repayment of debt, including
 5255  lease-purchase agreements, not to exceed the useful life of the
 5256  asset being financed. Revenues generated from the technology fee
 5257  may not be bonded.
 5258         (11)(a) Each Florida Community College System institution
 5259  board of trustees may establish a separate fee for capital
 5260  improvements, technology enhancements, equipping student
 5261  buildings, or the acquisition of improved real property which
 5262  may not exceed 20 percent of tuition for resident students or 20
 5263  percent of the sum of tuition and out-of-state fees for
 5264  nonresident students. The fee for resident students shall be
 5265  limited to an increase of $2 per credit hour over the prior
 5266  year. Funds collected by Florida Community College System
 5267  institutions through the fee may be bonded only as provided in
 5268  this subsection for the purpose of financing or refinancing new
 5269  construction and equipment, renovation, remodeling of
 5270  educational facilities, or the acquisition and renovation or
 5271  remodeling of improved real property for use as educational
 5272  facilities. The fee shall be collected as a component part of
 5273  the tuition and fees, paid into a separate account, and expended
 5274  only to acquire improved real property or construct and equip,
 5275  maintain, improve, or enhance the educational facilities of the
 5276  Florida Community College System institution. Projects and
 5277  acquisitions of improved real property funded through the use of
 5278  the capital improvement fee shall meet the survey and
 5279  construction requirements of chapter 1013. Pursuant to s.
 5280  216.0158, each Florida Community College System institution
 5281  shall identify each project, including maintenance projects,
 5282  proposed to be funded in whole or in part by such fee.
 5283         (b) Capital improvement fee revenues may be pledged by a
 5284  board of trustees as a dedicated revenue source to the repayment
 5285  of debt, including lease-purchase agreements, with an overall
 5286  term of not more than 7 years, including renewals, extensions,
 5287  and refundings, and revenue bonds with a term not exceeding 20
 5288  annual maturities and not exceeding the useful life of the asset
 5289  being financed, only for financing or refinancing of the new
 5290  construction and equipment, renovation, or remodeling of
 5291  educational facilities. Bonds authorized pursuant to this
 5292  subsection shall be requested by the Florida Community College
 5293  System institution board of trustees and shall be issued by the
 5294  Division of Bond Finance in compliance with s. 11(d), Art. VII
 5295  of the State Constitution and the State Bond Act. The Division
 5296  of Bond Finance may pledge fees collected by one or more Florida
 5297  Community College System institutions to secure such bonds. Any
 5298  project included in the approved educational plant survey
 5299  pursuant to chapter 1013 is approved pursuant to s. 11(f), Art.
 5300  VII of the State Constitution.
 5301         (c) Bonds issued pursuant to this subsection may be
 5302  validated in the manner provided by chapter 75. Only the initial
 5303  series of bonds is required to be validated. The complaint for
 5304  such validation shall be filed in the circuit court of the
 5305  county where the seat of state government is situated, the
 5306  notice required to be published by s. 75.06 shall be published
 5307  only in the county where the complaint is filed, and the
 5308  complaint and order of the circuit court shall be served only on
 5309  the state attorney of the circuit in which the action is
 5310  pending.
 5311         (d) A maximum of 15 percent may be allocated from the
 5312  capital improvement fee for child care centers conducted by the
 5313  Florida Community College System institution. The use of capital
 5314  improvement fees for such purpose shall be subordinate to the
 5315  payment of any bonds secured by the fees.
 5316         (e) The state does hereby covenant with the holders of the
 5317  bonds issued under this subsection that it will not take any
 5318  action that will materially and adversely affect the rights of
 5319  such holders so long as the bonds authorized by this subsection
 5320  are outstanding.
 5321         (12)(a) In addition to tuition, out-of-state, financial
 5322  aid, capital improvement, student activity and service, and
 5323  technology fees authorized in this section, each Florida
 5324  Community College System institution board of trustees is
 5325  authorized to establish fee schedules for the following user
 5326  fees and fines: laboratory fees, which do not apply to a
 5327  distance learning course; parking fees and fines; library fees
 5328  and fines; fees and fines relating to facilities and equipment
 5329  use or damage; access or identification card fees; duplicating,
 5330  photocopying, binding, or microfilming fees; standardized
 5331  testing fees; diploma replacement fees; transcript fees;
 5332  application fees; graduation fees; and late fees related to
 5333  registration and payment. Such user fees and fines shall not
 5334  exceed the cost of the services provided and shall only be
 5335  charged to persons receiving the service. A Florida Community
 5336  College System institution may not charge any fee except as
 5337  authorized by law. Parking fee revenues may be pledged by a
 5338  Florida Community College System institution board of trustees
 5339  as a dedicated revenue source for the repayment of debt,
 5340  including lease-purchase agreements, with an overall term of not
 5341  more than 7 years, including renewals, extensions, and
 5342  refundings, and revenue bonds with a term not exceeding 20 years
 5343  and not exceeding the useful life of the asset being financed.
 5344  Florida Community College System institutions shall use the
 5345  services of the Division of Bond Finance of the State Board of
 5346  Administration to issue any revenue bonds authorized by this
 5347  subsection. Any such bonds issued by the Division of Bond
 5348  Finance shall be in compliance with the provisions of the State
 5349  Bond Act. Bonds issued pursuant to the State Bond Act may be
 5350  validated in the manner established in chapter 75. The complaint
 5351  for such validation shall be filed in the circuit court of the
 5352  county where the seat of state government is situated, the
 5353  notice required to be published by s. 75.06 shall be published
 5354  only in the county where the complaint is filed, and the
 5355  complaint and order of the circuit court shall be served only on
 5356  the state attorney of the circuit in which the action is
 5357  pending.
 5358         (b) The State Board of Community Colleges Education may
 5359  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
 5360  this subsection.
 5361         (13) The State Board of Community Colleges Education shall
 5362  specify, as necessary, by rule, approved methods of student fee
 5363  payment. Such methods shall include, but not be limited to,
 5364  student fee payment; payment through federal, state, or
 5365  institutional financial aid; and employer fee payments.
 5366         (14) Each Florida Community College System institution
 5367  board of trustees shall report only those students who have
 5368  actually enrolled in instruction provided or supervised by
 5369  instructional personnel under contract with the Florida
 5370  Community College System institution in calculations of actual
 5371  full-time equivalent enrollments for state funding purposes. No
 5372  student who has been exempted from taking a course or who has
 5373  been granted academic or career credit through means other than
 5374  actual coursework completed at the granting institution shall be
 5375  calculated for enrollment in the course from which he or she has
 5376  been exempted or granted credit. Florida Community College
 5377  System institutions that report enrollments in violation of this
 5378  subsection shall be penalized at a rate equal to two times the
 5379  value of such enrollments. Such penalty shall be charged against
 5380  the following year’s allocation from the Florida Community
 5381  College System Program Fund and shall revert to the General
 5382  Revenue Fund.
 5383         (15) Each Florida Community College System institution may
 5384  assess a service charge for the payment of tuition and fees in
 5385  installments and a convenience fee for the processing of
 5386  automated or online credit card payments. However, the amount of
 5387  the convenience fee may not exceed the total cost charged by the
 5388  credit card company to the Florida Community College System
 5389  institution. Such service charge or convenience fee must be
 5390  approved by the Florida Community College System institution
 5391  board of trustees.
 5392         (16)(a) Each Florida Community College System institution
 5393  may assess a student who enrolls in a course listed in the
 5394  distance learning catalog, established pursuant to s. 1006.735,
 5395  a per-credit-hour distance learning course user fee. For
 5396  purposes of assessing this fee, a distance learning course is a
 5397  course in which at least 80 percent of the direct instruction of
 5398  the course is delivered using some form of technology when the
 5399  student and instructor are separated by time or space, or both.
 5400         (b) The amount of the distance learning course user fee may
 5401  not exceed the additional costs of the services provided which
 5402  are attributable to the development and delivery of the distance
 5403  learning course. If a Florida Community College System
 5404  institution assesses the distance learning course user fee, the
 5405  institution may not assess any other fees to cover the
 5406  additional costs. By September 1 of each year, each board of
 5407  trustees shall report to the State Board of Community Colleges
 5408  Division of Florida Colleges the total amount of revenue
 5409  generated by the distance learning course user fee for the prior
 5410  fiscal year and how the revenue was expended.
 5411         (c) If an institution assesses the distance learning fee,
 5412  the institution must provide a link to the catalog within the
 5413  advising and distance learning sections of the institution’s
 5414  website, using a graphic and description provided by the
 5415  Complete Florida Plus Program, to inform students of the
 5416  catalog.
 5417         (17) Each Florida Community College System institution that
 5418  accepts transient students, pursuant to s. 1006.735, may
 5419  establish a transient student fee not to exceed $5 per course
 5420  for processing the transient student admissions application.
 5421         (18)(a) The Board of Trustees of Santa Fe College may
 5422  establish a transportation access fee. Revenue from the fee may
 5423  be used only to provide or improve access to transportation
 5424  services for students enrolled at Santa Fe College. The fee may
 5425  not exceed $6 per credit hour. An increase in the transportation
 5426  access fee may occur only once each fiscal year and must be
 5427  implemented beginning with the fall term. A referendum must be
 5428  held by the student government to approve the application of the
 5429  fee.
 5430         (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536,
 5431  the transportation access fee authorized under paragraph (a) may
 5432  not be included in calculating the amount a student receives for
 5433  a Florida Academic Scholars award, a Florida Medallion Scholars
 5434  award, or a Florida Gold Seal Vocational Scholars award.
 5435         (19) The State Board of Community Colleges Education shall
 5436  adopt a rule specifying the definitions and procedures to be
 5437  used in the calculation of the percentage of cost paid by
 5438  students. The rule must provide for the calculation of the full
 5439  cost of educational programs based on the allocation of all
 5440  funds provided through the general current fund to programs of
 5441  instruction, and other activities as provided in the annual
 5442  expenditure analysis. The rule shall be developed in
 5443  consultation with the Legislature.
 5444         (20) Each Florida Community College System institution
 5445  shall publicly notice and notify all enrolled students of any
 5446  proposal to increase tuition or fees at least 28 days before its
 5447  consideration at a board of trustees meeting. The notice must:
 5448         (a) Include the date and time of the meeting at which the
 5449  proposal will be considered.
 5450         (b) Specifically outline the details of existing tuition
 5451  and fees, the rationale for the proposed increase, and how the
 5452  funds from the proposed increase will be used.
 5453         (c) Be posted on the institution’s website and issued in a
 5454  press release.
 5455         Section 79. Subsection (2) of section 1009.25, Florida
 5456  Statutes, is amended to read:
 5457         1009.25 Fee exemptions.—
 5458         (2) Each Florida Community College System institution is
 5459  authorized to grant student fee exemptions from all fees adopted
 5460  by the State Board of Community Colleges Education and the
 5461  Florida Community College System institution board of trustees
 5462  for up to 54 full-time equivalent students or 1 percent of the
 5463  institution’s total full-time equivalent enrollment, whichever
 5464  is greater, at each institution.
 5465         Section 80. Paragraph (b) of subsection (12), paragraphs
 5466  (c) and (d) of subsection (13), and paragraph (d) of subsection
 5467  (14) of section 1009.26, Florida Statutes, are amended, to read:
 5468         1009.26 Fee waivers.—
 5469         (12) 
 5470         (b) Tuition and fees charged to a student who qualifies for
 5471  the out-of-state fee waiver under this subsection may not exceed
 5472  the tuition and fees charged to a resident student. The waiver
 5473  is applicable for 110 percent of the required credit hours of
 5474  the degree or certificate program for which the student is
 5475  enrolled. Each state university, Florida Community College
 5476  System institution, career center operated by a school district
 5477  under s. 1001.44, and charter technical career center shall
 5478  report to the Board of Governors, the State Board of Community
 5479  Colleges, and the State Board of Education, respectively, the
 5480  number and value of all fee waivers granted annually under this
 5481  subsection. By October 1 of each year, the Board of Governors,
 5482  for the state universities; and the State Board of Community
 5483  Colleges, Education for Florida Community College System
 5484  institutions;, career centers operated by a school district
 5485  under s. 1001.44;, and charter technical career centers shall
 5486  annually report for the previous academic year the percentage of
 5487  resident and nonresident students enrolled systemwide.
 5488         (13) 
 5489         (c) Each state university, Florida Community College System
 5490  institution, career center operated by a school district under
 5491  s. 1001.44, and charter technical career center shall report to
 5492  the Board of Governors, the State Board of Community, and the
 5493  State Board of Education, respectively, the number and value of
 5494  all fee waivers granted annually under this subsection.
 5495         (d) The Board of Governors, the State Board of Community
 5496  Colleges, and the State Board of Education shall respectively
 5497  adopt regulations and rules to administer this subsection.
 5498         (14)
 5499         (d) The Board of Governors, the State Board of Community
 5500  Colleges, and the State Board of Education shall respectively
 5501  adopt regulations and rules to administer this subsection.
 5502         Section 81. Section 1009.28, Florida Statutes, is amended
 5503  to read:
 5504         1009.28 Fees for repeated enrollment in developmental
 5505  education classes.—A student enrolled in the same developmental
 5506  education class more than twice shall pay 100 percent of the
 5507  full cost of instruction to support continuous enrollment of
 5508  that student in the same class, and the student shall not be
 5509  included in calculations of full-time equivalent enrollments for
 5510  state funding purposes; however, students who withdraw or fail a
 5511  class due to extenuating circumstances may be granted an
 5512  exception only once for each class, provided approval is granted
 5513  according to policy established by the board of trustees. Each
 5514  Florida Community College System institution may review and
 5515  reduce fees paid by students due to continued enrollment in a
 5516  developmental education class on an individual basis contingent
 5517  upon the student’s financial hardship, pursuant to definitions
 5518  and fee levels established by the State Board of Community
 5519  Colleges Education.
 5520         Section 82. Subsections (9) and (12) of section 1009.90,
 5521  Florida Statutes, are amended to read:
 5522         1009.90 Duties of the Department of Education.—The duties
 5523  of the department shall include:
 5524         (9) Development and submission of a report, annually, to
 5525  the State Board of Education, the Board of Governors, the State
 5526  Board of Community Colleges, the President of the Senate, and
 5527  the Speaker of the House of Representatives, which shall
 5528  include, but not be limited to, recommendations for the
 5529  distribution of state financial aid funds.
 5530         (12) Calculation of the amount of need-based student
 5531  financial aid required to offset fee increases recommended by
 5532  the State Board of Education, and the Board of Governors, and
 5533  the State Board of Community Colleges, and inclusion of such
 5534  amount within the legislative budget request for student
 5535  assistance grant programs.
 5536         Section 83. Subsection (4) of section 1009.91, Florida
 5537  Statutes, is amended to read:
 5538         1009.91 Assistance programs and activities of the
 5539  department.—
 5540         (4) The department shall maintain records on the student
 5541  loan default rate of each Florida postsecondary institution and
 5542  report that information annually to both the institution and the
 5543  State Board of Education. Information relating to state
 5544  universities shall also be reported annually to the Board of
 5545  Governors. Information relating to Florida Community College
 5546  System institutions shall be reported annually to the State
 5547  Board of Community Colleges.
 5548         Section 84. Subsection (2) of section 1009.971, Florida
 5549  Statutes, is amended to read:
 5550         1009.971 Florida Prepaid College Board.—
 5551         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 5552  shall consist of seven members to be composed of the Attorney
 5553  General, the Chief Financial Officer, the Chancellor of the
 5554  State University System, the Chancellor of the Florida Community
 5555  College System Division of Florida Colleges, and three members
 5556  appointed by the Governor and subject to confirmation by the
 5557  Senate. Each member appointed by the Governor shall possess
 5558  knowledge, skill, and experience in the areas of accounting,
 5559  actuary, risk management, or investment management. Each member
 5560  of the board not appointed by the Governor may name a designee
 5561  to serve on the board on behalf of the member; however, any
 5562  designee so named shall meet the qualifications required of
 5563  gubernatorial appointees to the board. Members appointed by the
 5564  Governor shall serve terms of 3 years. Any person appointed to
 5565  fill a vacancy on the board shall be appointed in a like manner
 5566  and shall serve for only the unexpired term. Any member shall be
 5567  eligible for reappointment and shall serve until a successor
 5568  qualifies. Members of the board shall serve without compensation
 5569  but shall be reimbursed for per diem and travel in accordance
 5570  with s. 112.061. Each member of the board shall file a full and
 5571  public disclosure of his or her financial interests pursuant to
 5572  s. 8, Art. II of the State Constitution and corresponding
 5573  statute.
 5574         Section 85. Section 1010.01, Florida Statutes, is amended
 5575  to read:
 5576         1010.01 Uniform records and accounts.—
 5577         (1)(a) The financial records and accounts of each school
 5578  district, Florida College System institution, and other
 5579  institution or agency under the supervision of the State Board
 5580  of Education shall be prepared and maintained as prescribed by
 5581  law and rules of the State Board of Education.
 5582         (b) The financial records and accounts of each state
 5583  university under the supervision of the Board of Governors shall
 5584  be prepared and maintained as prescribed by law and rules of the
 5585  Board of Governors.
 5586         (c) The financial records and accounts of each Florida
 5587  Community College System institution under the supervision of
 5588  the State Board of Community Colleges shall be prepared and
 5589  maintained as prescribed by law and rules of the State Board of
 5590  Community Colleges.
 5591         (2) Rules of the State Board of Education, and rules of the
 5592  Board of Governors, and the State Board of Community Colleges
 5593  shall incorporate the requirements of law and accounting
 5594  principles generally accepted in the United States. Such rules
 5595  shall include a uniform classification of accounts.
 5596         (3) Each state university shall annually file with the
 5597  Board of Governors financial statements prepared in conformity
 5598  with accounting principles generally accepted by the United
 5599  States and the uniform classification of accounts prescribed by
 5600  the Board of Governors. The Board of Governors’ rules shall
 5601  prescribe the filing deadline for the financial statements.
 5602         (4) Required financial accounts and reports shall include
 5603  provisions that are unique to each of the following: K-12 school
 5604  districts, Florida Community College System institutions, and
 5605  state universities, and shall provide for the data to be
 5606  reported to the National Center of Educational Statistics and
 5607  other governmental and professional educational data information
 5608  services as appropriate.
 5609         (5) Each Florida Community College System institution shall
 5610  annually file with the State Board of Community Colleges
 5611  financial statements prepared in conformity with accounting
 5612  principles generally accepted by the United States and the
 5613  uniform classification of accounts prescribed by the State Board
 5614  of Community Colleges. The State Board of Community Colleges’
 5615  rules shall prescribe the filing deadline for the financial
 5616  statements.
 5617         Section 86. Subsection (1) of section 1010.02, Florida
 5618  Statutes, is amended, and subsection (3) is added to that
 5619  section, to read:
 5620         1010.02 Financial accounting and expenditures.—
 5621         (1) All funds accruing to a school district or a Florida
 5622  College System institution must be received, accounted for, and
 5623  expended in accordance with law and rules of the State Board of
 5624  Education.
 5625         (3) All funds accruing to a Florida Community College
 5626  System institution must be received, accounted for, and expended
 5627  in accordance with law and rules of the State Board of Community
 5628  Colleges.
 5629         Section 87. Section 1010.04, Florida Statutes, is amended
 5630  to read:
 5631         1010.04 Purchasing.—
 5632         (1)(a) Purchases and leases by school districts must and
 5633  Florida College System institutions shall comply with the
 5634  requirements of law and rules of the State Board of Education.
 5635         (b) Before purchasing nonacademic commodities and
 5636  contractual services, each district school board and Florida
 5637  Community College System institution board of trustees shall
 5638  review the purchasing agreements and state term contracts
 5639  available under s. 287.056 to determine whether it is in the
 5640  school board’s or the board of trustees’ economic advantage to
 5641  use the agreements and contracts. Each bid specification for
 5642  nonacademic commodities and contractual services must include a
 5643  statement indicating that the purchasing agreements and state
 5644  term contracts available under s. 287.056 have been reviewed.
 5645  Each district school board may also use the cooperative state
 5646  purchasing programs managed through the regional consortium
 5647  service organizations pursuant to their authority under s.
 5648  1001.451(3). This paragraph does not apply to services that are
 5649  eligible for reimbursement under the federal E-rate program
 5650  administered by the Universal Service Administrative Company.
 5651         (c) Purchases and leases by state universities must shall
 5652  comply with the requirements of law and regulations of the Board
 5653  of Governors.
 5654         (d) Purchases and leases by Florida Community College
 5655  System institutions must comply with the requirements of law and
 5656  rules of the State Board of Community Colleges.
 5657         (2) Each district school board and Florida Community
 5658  College System institution board of trustees shall adopt rules,
 5659  and each university board of trustees shall adopt regulations,
 5660  to be followed in making purchases. Purchases may be made
 5661  through an online procurement system, an electronic auction
 5662  service, or other efficient procurement tool.
 5663         (3) In districts in which the county purchasing agent is
 5664  authorized by law to make purchases for the benefit of other
 5665  governmental agencies within the county, the district school
 5666  board and Florida Community College System institution board of
 5667  trustees shall have the option to purchase from the current
 5668  county contracts at the unit price stated therein if such
 5669  purchase is to the economic advantage of the district school
 5670  board or the Florida Community College System institution board
 5671  of trustees; subject to confirmation of the items of purchase to
 5672  the standards and specifications prescribed by the school
 5673  district or Florida Community College System institution.
 5674         (4)(a) The State Board of Education may, by rule, provide
 5675  for alternative procedures for school districts and Florida
 5676  College System institutions for bidding or purchasing in cases
 5677  in which the character of the item requested renders competitive
 5678  bidding impractical.
 5679         (b) The Board of Governors may, by regulation, provide for
 5680  alternative procedures for state universities for bidding or
 5681  purchasing in cases in which the character of the item requested
 5682  renders competitive bidding impractical.
 5683         (c) The State Board of Community Colleges may, by rule,
 5684  provide for alternative procedures for Florida Community College
 5685  System institutions for bidding or purchasing in cases in which
 5686  the character of the item requested renders competitive bidding
 5687  impractical.
 5688         Section 88. Section 1010.07, Florida Statutes, is amended
 5689  to read:
 5690         1010.07 Bonds or insurance required.—
 5691         (1) Each district school board, Florida Community College
 5692  System institution board of trustees, and university board of
 5693  trustees shall ensure that each official and employee
 5694  responsible for handling, expending, or authorizing the
 5695  expenditure of funds shall be appropriately bonded or insured to
 5696  protect the board and the funds involved.
 5697         (2)(a) Contractors paid from school district or Florida
 5698  College System institution funds shall give bond for the
 5699  faithful performance of their contracts in such amount and for
 5700  such purposes as prescribed by s. 255.05 or by rules of the
 5701  State Board of Education relating to the type of contract
 5702  involved. It shall be the duty of the district school board or
 5703  Florida College System institution board of trustees to require
 5704  from construction contractors a bond adequate to protect the
 5705  board and the board’s funds involved.
 5706         (b) Contractors paid from university funds shall give bond
 5707  for the faithful performance of their contracts in such amount
 5708  and for such purposes as prescribed by s. 255.05 or by
 5709  regulations of the Board of Governors relating to the type of
 5710  contract involved. It shall be the duty of the university board
 5711  of trustees to require from construction contractors a bond
 5712  adequate to protect the board and the board’s funds involved.
 5713         (c)Contractors paid from Florida Community College System
 5714  institution funds shall give bonds for the faithful performance
 5715  of their contracts in such amount and for such purposes as
 5716  prescribed by s. 255.05 or by rules of the State Board of
 5717  Community Colleges relating to the type of contract involved. It
 5718  is the duty of the Florida Community College System institution
 5719  board of trustees to require construction contractors to provide
 5720  a bond adequate to protect the board and the board’s funds
 5721  involved.
 5722         Section 89. Section 1010.08, Florida Statutes, is amended
 5723  to read:
 5724         1010.08 Promotion and public relations; funding.—
 5725         (1) Each district school board and Florida College System
 5726  institution board of trustees may budget and use a portion of
 5727  the funds accruing to it from auxiliary enterprises and
 5728  undesignated gifts for promotion and public relations as
 5729  prescribed by rules of the State Board of Education. Such funds
 5730  may be used to provide hospitality to business guests in the
 5731  district or elsewhere. However, such hospitality expenses may
 5732  not exceed the amount authorized for such contingency funds as
 5733  prescribed by rules of the State Board of Education.
 5734         (2) Each Florida Community College System institution board
 5735  of trustees may budget and use a portion of the funds accruing
 5736  to it from auxiliary enterprises and undesignated gifts for
 5737  promotion and public relations as prescribed by rules of the
 5738  State Board of Community Colleges. Such funds may be used to
 5739  provide hospitality to business guests in the district or
 5740  elsewhere. However, such hospitality expenses may not exceed the
 5741  amount authorized for such contingency funds as prescribed by
 5742  rules of the State Board of Community Colleges.
 5743         Section 90. Subsection (1) of section 1010.09, Florida
 5744  Statutes, is amended and subsection (3) is added to that
 5745  section, to read:
 5746         1010.09 Direct-support organizations.—
 5747         (1) School district and Florida College System institution
 5748  direct-support organizations shall be organized and conducted
 5749  under the provisions of ss. 1001.453 and 1004.70 and rules of
 5750  the State Board of Education, as applicable.
 5751         (3) Florida Community College System institution direct
 5752  support organizations shall be organized and conducted under the
 5753  provisions of s. 1004.70 and rules of the State Board of
 5754  Community Colleges.
 5755         Section 91. Section 1010.22, Florida Statutes, is amended
 5756  to read:
 5757         1010.22 Cost accounting and reporting for workforce
 5758  education.—
 5759         (1)(a) Each school district and each Florida College System
 5760  institution shall account for expenditures of all state, local,
 5761  federal, and other funds in the manner prescribed by the State
 5762  Board of Education.
 5763         (b) Each Florida Community College System institution shall
 5764  account for expenditures of all state, local, federal, and other
 5765  funds in the manner prescribed by the State Board of Community
 5766  Colleges.
 5767         (2)(a) Each school district and each Florida College System
 5768  institution shall report expenditures for workforce education in
 5769  accordance with requirements prescribed by the State Board of
 5770  Education.
 5771         (b)Each Florida Community College System institution shall
 5772  report expenditures for workforce education in accordance with
 5773  requirements prescribed by the State Board of Community
 5774  Colleges.
 5775         (3) The Department of Education, in cooperation with school
 5776  districts and Florida Community College System institutions,
 5777  shall develop and maintain a database of valid comparable
 5778  information on workforce education which will meet both state
 5779  and local needs.
 5780         Section 92. Subsection (1) of section 1010.30, Florida
 5781  Statutes, is amended to read:
 5782         1010.30 Audits required.—
 5783         (1) School districts, Florida College System institutions,
 5784  and other institutions and agencies under the supervision of the
 5785  State Board of Education, Florida Community College System
 5786  institutions under the supervision of the State Board of
 5787  Community Colleges, and state universities under the supervision
 5788  of the Board of Governors are subject to the audit provisions of
 5789  ss. 11.45 and 218.39.
 5790         Section 93. Section 1010.58, Florida Statutes, is amended
 5791  to read:
 5792         1010.58 Procedure for determining number of instruction
 5793  units for Florida Community College System institutions.—The
 5794  number of instruction units for Florida Community College System
 5795  institutions shall be determined from the full-time equivalent
 5796  students in the Florida Community College System institution,
 5797  provided that full-time equivalent students may not be counted
 5798  more than once in determining instruction units. Instruction
 5799  units for Florida Community College System institutions shall be
 5800  computed as follows:
 5801         (1) One unit for each 12 full-time equivalent students at a
 5802  Florida Community College System institution for the first 420
 5803  students and one unit for each 15 full-time equivalent students
 5804  for all over 420 students, in other than career education
 5805  programs as defined by rules of the State Board of Community
 5806  Colleges Education, and one unit for each 10 full-time
 5807  equivalent students in career education programs and
 5808  compensatory education programs as defined by rules of the State
 5809  Board of Community Colleges Education. Full-time equivalent
 5810  students enrolled in a Florida Community College System
 5811  institution shall be defined by rules of the State Board of
 5812  Community Colleges Education.
 5813         (2) For each 8 instruction units in a Florida Community
 5814  College System institution, 1 instruction unit or proportionate
 5815  fraction of a unit shall be allowed for administrative and
 5816  special instructional services, and for each 20 instruction
 5817  units, 1 instruction unit or proportionate fraction of a unit
 5818  shall be allowed for student personnel services.
 5819         Section 94. Section 1011.01, Florida Statutes, is amended
 5820  to read:
 5821         1011.01 Budget system established.—
 5822         (1) The State Board of Education shall prepare and submit a
 5823  coordinated K-20 education annual legislative budget request to
 5824  the Governor and the Legislature on or before the date provided
 5825  by the Governor and the Legislature. The board’s legislative
 5826  budget request must clearly define the needs of school
 5827  districts, Florida Community College System institutions,
 5828  universities, other institutions, organizations, programs, and
 5829  activities under the supervision of the board and that are
 5830  assigned by law or the General Appropriations Act to the
 5831  Department of Education.
 5832         (2)(a) There is shall be established in each school
 5833  district and Florida College System institution a budget system
 5834  as prescribed by law and rules of the State Board of Education.
 5835         (b) There is shall be established in each state university
 5836  a budget system as prescribed by law and rules of the Board of
 5837  Governors.
 5838         (c) There is established in each Florida Community College
 5839  System institution a budget system as prescribed by law and
 5840  rules of the State Board of Community Colleges.
 5841         (3)(a) Each district school board and each Florida College
 5842  System institution board of trustees shall prepare, adopt, and
 5843  submit to the Commissioner of Education an annual operating
 5844  budget. Operating budgets must shall be prepared and submitted
 5845  in accordance with the provisions of law, rules of the State
 5846  Board of Education, the General Appropriations Act, and for
 5847  district school boards in accordance with the provisions of ss.
 5848  200.065 and 1011.64.
 5849         (b) Each state university board of trustees shall prepare,
 5850  adopt, and submit to the Chancellor of the State University
 5851  System for review an annual operating budget in accordance with
 5852  provisions of law, rules of the Board of Governors, and the
 5853  General Appropriations Act.
 5854         (c) Each Florida Community College System institution board
 5855  of trustees shall prepare, adopt, and submit to the State Board
 5856  of Community Colleges an annual operating budget in accordance
 5857  with provisions of law, rules of the State Board of Community
 5858  Colleges, and the General Appropriations Act.
 5859         (4) The State Board of Education shall coordinate with the
 5860  Board of Governors and the State Board of Community Colleges to
 5861  facilitate the budget system requirements of this section. The
 5862  State Board of Community College exclusively retains the review
 5863  and approval powers of this section for Florida Community
 5864  College System institutions. The Board of Governors exclusively
 5865  retains the review and approval powers of this section for state
 5866  universities.
 5867         Section 95. Section 1011.011, Florida Statutes, is amended
 5868  to read:
 5869         1011.011 Legislative capital outlay budget request.—The
 5870  State Board of Education shall submit an integrated,
 5871  comprehensive budget request for educational facilities
 5872  construction and fixed capital outlay needs for school
 5873  districts, and, in conjunction with the State Board of Community
 5874  Colleges for Florida Community College System institutions, and,
 5875  in conjunction with the Board of Governors for state,
 5876  universities, pursuant to this section and s. 1013.46 and
 5877  applicable provisions of chapter 216.
 5878         Section 96. Section 1011.30, Florida Statutes, is amended
 5879  to read:
 5880         1011.30 Budgets for Florida Community College System
 5881  institutions.—Each Florida Community College System institution
 5882  president shall recommend to the Florida Community College
 5883  System institution board of trustees a budget of income and
 5884  expenditures at such time and in such form as the State Board of
 5885  Community Colleges Education may prescribe. Upon approval of a
 5886  budget by the Florida Community College System institution board
 5887  of trustees, such budget must shall be transmitted to the State
 5888  Board of Community Colleges Department of Education for review.
 5889  Rules of the State Board of Community Colleges must Education
 5890  shall prescribe procedures for effecting budget amendments
 5891  subsequent to the final approval of a budget for a given year.
 5892         Section 97. Section 1011.32, Florida Statutes, is amended
 5893  to read:
 5894         1011.32 Florida Community College System Institution
 5895  Facility Enhancement Challenge Grant Program.—
 5896         (1) The Legislature recognizes that the Florida Community
 5897  College System institutions do not have sufficient physical
 5898  facilities to meet the current demands of their instructional
 5899  and community programs. It further recognizes that, to
 5900  strengthen and enhance Florida Community College System
 5901  institutions, it is necessary to provide facilities in addition
 5902  to those currently available from existing revenue sources. It
 5903  further recognizes that there are sources of private support
 5904  that, if matched with state support, can assist in constructing
 5905  much needed facilities and strengthen the commitment of citizens
 5906  and organizations in promoting excellence at each Florida
 5907  Community College System institution. Therefore, it is the
 5908  intent of the Legislature to establish a program to provide the
 5909  opportunity for each Florida Community College System
 5910  institution through its direct-support organization to receive
 5911  and match challenge grants for instructional and community
 5912  related capital facilities within the Florida Community College
 5913  System institution.
 5914         (2) There is established the Florida Community College
 5915  System Institution Facility Enhancement Challenge Grant Program
 5916  for the purpose of assisting the Florida Community College
 5917  System institutions in building high priority instructional and
 5918  community-related capital facilities consistent with s. 1004.65,
 5919  including common areas connecting such facilities. The direct
 5920  support organizations that serve the Florida Community College
 5921  System institutions shall solicit gifts from private sources to
 5922  provide matching funds for capital facilities. For the purposes
 5923  of this section, private sources of funds shall not include any
 5924  federal or state government funds that a Florida Community
 5925  College System institution may receive.
 5926         (3) The Florida Community College System Institution
 5927  Capital Facilities Matching Program shall provide funds to match
 5928  private contributions for the development of high priority
 5929  instructional and community-related capital facilities,
 5930  including common areas connecting such facilities, within the
 5931  Florida Community College System institutions.
 5932         (4) Within the direct-support organization of each Florida
 5933  Community College System institution there must be established a
 5934  separate capital facilities matching account for the purpose of
 5935  providing matching funds from the direct-support organization’s
 5936  unrestricted donations or other private contributions for the
 5937  development of high priority instructional and community-related
 5938  capital facilities, including common areas connecting such
 5939  facilities. The Legislature shall appropriate funds for
 5940  distribution to a Florida Community College System institution
 5941  after matching funds are certified by the direct-support
 5942  organization and Florida Community College System institution.
 5943  The Public Education Capital Outlay and Debt Service Trust Fund
 5944  shall not be used as the source of the state match for private
 5945  contributions.
 5946         (5) A project may not be initiated unless all private funds
 5947  for planning, construction, and equipping the facility have been
 5948  received and deposited in the direct-support organization’s
 5949  matching account for this purpose. However, this requirement
 5950  does not preclude the Florida Community College System
 5951  institution or direct-support organization from expending
 5952  available funds from private sources to develop a prospectus,
 5953  including preliminary architectural schematics or models, for
 5954  use in its efforts to raise private funds for a facility and for
 5955  site preparation, planning, and construction. The Legislature
 5956  may appropriate the state’s matching funds in one or more fiscal
 5957  years for the planning, construction, and equipping of an
 5958  eligible facility. Each Florida Community College System
 5959  institution shall notify all donors of private funds of a
 5960  substantial delay in the availability of state matching funds
 5961  for this program.
 5962         (6) To be eligible to participate in the Florida Community
 5963  College System Institution Facility Enhancement Challenge Grant
 5964  Program, a Florida Community College System institution, through
 5965  its direct-support organization, shall raise a contribution
 5966  equal to one-half of the total cost of a facilities construction
 5967  project from private sources which shall be matched by a state
 5968  appropriation equal to the amount raised for a facilities
 5969  construction project, subject to the General Appropriations Act.
 5970         (7) If the state’s share of the required match is
 5971  insufficient to meet the requirements of subsection (6), the
 5972  Florida Community College System institution shall renegotiate
 5973  the terms of the contribution with the donors. If the project is
 5974  terminated, each private donation, plus accrued interest,
 5975  reverts to the direct-support organization for remittance to the
 5976  donor.
 5977         (8) By October 15 of each year, the State Board of
 5978  Community Colleges Education shall transmit to the Governor and
 5979  the Legislature a list of projects that meet all eligibility
 5980  requirements to participate in the Florida Community College
 5981  System Institution Facility Enhancement Challenge Grant Program
 5982  and a budget request that includes the recommended schedule
 5983  necessary to complete each project.
 5984         (9) In order for a project to be eligible under this
 5985  program, it must be survey recommended under the provisions of
 5986  s. 1013.31 and included in the Florida Community College System
 5987  institution’s 5-year capital improvement plan, and it must
 5988  receive approval from the State Board of Community Colleges
 5989  Education or the Legislature.
 5990         (10) A Florida Community College System institution project
 5991  may not be removed from the approved 3-year PECO priority list
 5992  because of its successful participation in this program until
 5993  approved by the Legislature and provided for in the General
 5994  Appropriations Act. When such a project is completed and removed
 5995  from the list, all other projects shall move up on the 3-year
 5996  PECO priority list.
 5997         (11) Any private matching funds for a project which are
 5998  unexpended after the project is completed shall revert to the
 5999  Florida Community College System institution’s direct-support
 6000  organization capital facilities matching account. The balance of
 6001  any unexpended state matching funds shall be returned to the
 6002  fund from which those funds were appropriated.
 6003         (12) The surveys, architectural plans, facility, and
 6004  equipment shall be the property of the participating Florida
 6005  Community College System institution. A facility constructed
 6006  under this section may be named in honor of a donor at the
 6007  option of the Florida Community College System institution
 6008  district board of trustees. A facility may not be named after a
 6009  living person without prior approval by the State Board of
 6010  Community Colleges Education.
 6011         (13) Effective July 1, 2011, state matching funds are
 6012  temporarily suspended for donations received for the program on
 6013  or after June 30, 2011. Existing eligible donations remain
 6014  eligible for future matching funds. The program may be restarted
 6015  after $200 million of the backlog for programs under this
 6016  section and ss. 1011.85, 1011.94, and 1013.79 have been matched.
 6017         Section 98. Subsection (2), paragraph (b) of subsection
 6018  (5), and subsections (8), (9), and (11) of section 1011.80,
 6019  Florida Statutes, are amended to read:
 6020         1011.80 Funds for operation of workforce education
 6021  programs.—
 6022         (2) Any workforce education program may be conducted by a
 6023  Florida Community College System institution or a school
 6024  district, except that college credit in an associate in applied
 6025  science or an associate in science degree may be awarded only by
 6026  a Florida Community College System institution. However, if an
 6027  associate in applied science or an associate in science degree
 6028  program contains within it an occupational completion point that
 6029  confers a certificate or an applied technology diploma, that
 6030  portion of the program may be conducted by a school district
 6031  career center. Any instruction designed to articulate to a
 6032  degree program is subject to guidelines and standards adopted by
 6033  the State Board of Community Colleges Education pursuant to s.
 6034  1007.25.
 6035         (5) State funding and student fees for workforce education
 6036  instruction shall be established as follows:
 6037         (b) For all other workforce education programs, state
 6038  funding shall equal 75 percent of the average cost of
 6039  instruction with the remaining 25 percent made up from student
 6040  fees. Fees for courses within a program shall not vary according
 6041  to the cost of the individual program, but instead shall be
 6042  based on a uniform fee calculated and set at the state level, as
 6043  adopted by the State Board of Education, for school districts
 6044  and the State Board of Community Colleges, for Florida Community
 6045  College System institutions, unless otherwise specified in the
 6046  General Appropriations Act.
 6047         (8) The State Board of Education, the State Board of
 6048  Community Colleges, and CareerSource Florida, Inc., shall
 6049  provide the Legislature with recommended formulas, criteria,
 6050  timeframes, and mechanisms for distributing performance funds.
 6051  The commissioner shall consolidate the recommendations and
 6052  develop a consensus proposal for funding. The Legislature shall
 6053  adopt a formula and distribute the performance funds to the
 6054  State Board of Community Colleges Education for Florida
 6055  Community College System institutions and to the State Board of
 6056  Education for school districts through the General
 6057  Appropriations Act. These recommendations shall be based on
 6058  formulas that would discourage low-performing or low-demand
 6059  programs and encourage through performance-funding awards:
 6060         (a) Programs that prepare people to enter high-wage
 6061  occupations identified by the Workforce Estimating Conference
 6062  created by s. 216.136 and other programs as approved by
 6063  CareerSource Florida, Inc. At a minimum, performance incentives
 6064  shall be calculated for adults who reach completion points or
 6065  complete programs that lead to specified high-wage employment
 6066  and to their placement in that employment.
 6067         (b) Programs that successfully prepare adults who are
 6068  eligible for public assistance, economically disadvantaged,
 6069  disabled, not proficient in English, or dislocated workers for
 6070  high-wage occupations. At a minimum, performance incentives
 6071  shall be calculated at an enhanced value for the completion of
 6072  adults identified in this paragraph and job placement of such
 6073  adults upon completion. In addition, adjustments may be made in
 6074  payments for job placements for areas of high unemployment.
 6075         (c) Programs that are specifically designed to be
 6076  consistent with the workforce needs of private enterprise and
 6077  regional economic development strategies, as defined in
 6078  guidelines set by CareerSource Florida, Inc. CareerSource
 6079  Florida, Inc., shall develop guidelines to identify such needs
 6080  and strategies based on localized research of private employers
 6081  and economic development practitioners.
 6082         (d) Programs identified by CareerSource Florida, Inc., as
 6083  increasing the effectiveness and cost efficiency of education.
 6084         (9) School districts shall report full-time equivalent
 6085  students by discipline category for the programs specified in
 6086  subsection (1). There shall be an annual cost analysis for the
 6087  school district workforce education programs that reports cost
 6088  by discipline category consistent with the reporting for full
 6089  time equivalent students. The annual financial reports submitted
 6090  by the school districts must accurately report on the student
 6091  fee revenues by fee type according to the programs specified in
 6092  subsection (1). The Department of Education and the State Board
 6093  of Community Colleges shall develop a plan for comparable
 6094  reporting of program, student, facility, personnel, and
 6095  financial data between the Florida Community College System
 6096  institutions and the school district workforce education
 6097  programs.
 6098         (11) The State Board of Education and the State Board of
 6099  Community Colleges may adopt rules to administer this section.
 6100         Section 99. Section 1011.801, Florida Statutes, is amended
 6101  to read:
 6102         1011.801 Workforce Development Capitalization Incentive
 6103  Grant Program.—The Legislature recognizes that the need for
 6104  school districts and Florida Community College System
 6105  institutions to be able to respond to emerging local or
 6106  statewide economic development needs is critical to the
 6107  workforce development system. The Workforce Development
 6108  Capitalization Incentive Grant Program is created to provide
 6109  grants to school districts and Florida Community College System
 6110  institutions on a competitive basis to fund some or all of the
 6111  costs associated with the creation or expansion of workforce
 6112  development programs that serve specific employment workforce
 6113  needs.
 6114         (1) Funds awarded for a workforce development
 6115  capitalization incentive grant may be used for instructional
 6116  equipment, laboratory equipment, supplies, personnel, student
 6117  services, or other expenses associated with the creation or
 6118  expansion of a workforce development program. Expansion of a
 6119  program may include either the expansion of enrollments in a
 6120  program or expansion into new areas of specialization within a
 6121  program. No grant funds may be used for recurring instructional
 6122  costs or for institutions’ indirect costs.
 6123         (2) The State Board of Education shall accept applications
 6124  from school districts, and the State Board of Community Colleges
 6125  shall accept applications from or Florida Community College
 6126  System institutions, for workforce development capitalization
 6127  incentive grants. Applications from school districts or Florida
 6128  Community College System institutions must shall contain
 6129  projected enrollments and projected costs for the new or
 6130  expanded workforce development program. The State Board of
 6131  Education or the State Board of Community Colleges, as
 6132  appropriate, in consultation with CareerSource Florida, Inc.,
 6133  shall review and rank each application for a grant according to
 6134  subsection (3) and shall submit to the Legislature a list in
 6135  priority order of applications recommended for a grant award.
 6136         (3) The State Board of Education or the State Board of
 6137  Community Colleges, as appropriate, shall give highest priority
 6138  to programs that train people to enter high-skill, high-wage
 6139  occupations identified by the Workforce Estimating Conference
 6140  and other programs approved by CareerSource Florida, Inc.;
 6141  programs that train people to enter occupations under the
 6142  welfare transition program; or programs that train for the
 6143  workforce adults who are eligible for public assistance,
 6144  economically disadvantaged, disabled, not proficient in English,
 6145  or dislocated workers. The State Board of Education or the State
 6146  Board of Community Colleges, as appropriate, shall consider the
 6147  statewide geographic dispersion of grant funds in ranking the
 6148  applications and shall give priority to applications from
 6149  education agencies that are making maximum use of their
 6150  workforce development funding by offering high-performing, high
 6151  demand programs.
 6152         Section 100. Section 1011.81, Florida Statutes, is amended
 6153  to read:
 6154         1011.81 Florida Community College System Program Fund.—
 6155         (1) There is established a Florida Community College System
 6156  Program Fund. This fund shall comprise all appropriations made
 6157  by the Legislature for the support of the current operating
 6158  program and shall be apportioned and distributed to the Florida
 6159  Community College System institution districts of the state on
 6160  the basis of procedures established by law and rules of the
 6161  State Board of Education. The annual apportionment for each
 6162  Florida Community College System institution district shall be
 6163  distributed monthly in payments as nearly equal as possible.
 6164         (2) Performance funding for industry certifications for
 6165  Florida Community College System institutions is contingent upon
 6166  specific appropriation in the General Appropriations Act and
 6167  shall be determined as follows:
 6168         (a) Occupational areas for which industry certifications
 6169  may be earned, as established in the General Appropriations Act,
 6170  are eligible for performance funding. Priority shall be given to
 6171  the occupational areas emphasized in state, national, or
 6172  corporate grants provided to Florida educational institutions.
 6173         (b) The Chancellor of the Florida Community College System,
 6174  for the Florida Community College System institutions, shall
 6175  identify the industry certifications eligible for funding on the
 6176  CAPE Postsecondary Industry Certification Funding List approved
 6177  by the State Board of Community Colleges Education pursuant to
 6178  s. 1008.44, based on the occupational areas specified in the
 6179  General Appropriations Act.
 6180         (c) Each Florida Community College System institution shall
 6181  be provided $1,000 for each industry certification earned by a
 6182  student. The maximum amount of funding appropriated for
 6183  performance funding pursuant to this subsection shall be limited
 6184  to $15 million annually. If funds are insufficient to fully fund
 6185  the calculated total award, such funds shall be prorated.
 6186         (3) None of the funds made available in the Florida
 6187  Community College System Program Fund, or funds made available
 6188  to Florida Community College System institutions outside the
 6189  Florida Community College System Program Fund, may be used to
 6190  implement, organize, direct, coordinate, or administer, or to
 6191  support the implementation, organization, direction,
 6192  coordination, or administration of, activities related to, or
 6193  involving, travel to a terrorist state. For purposes of this
 6194  section, “terrorist state” is defined as any state, country, or
 6195  nation designated by the United States Department of State as a
 6196  state sponsor of terrorism.
 6197         (4) State funds provided for the Florida Community College
 6198  System Program Fund may not be expended for the education of
 6199  state or federal inmates.
 6200         Section 101. Section 1011.82, Florida Statutes, is amended
 6201  to read:
 6202         1011.82 Requirements for participation in Florida Community
 6203  College System Program Fund.—Each Florida Community College
 6204  System institution district which participates in the state
 6205  appropriations for the Florida Community College System Program
 6206  Fund shall provide evidence of its effort to maintain an
 6207  adequate Florida Community College System institution program
 6208  which shall:
 6209         (1) Meet the minimum standards prescribed by the State
 6210  Board of Community Colleges Education in accordance with s.
 6211  1001.602(5) s. 1001.02(6).
 6212         (2) Effectively fulfill the mission of the Florida
 6213  Community College System institutions in accordance with s.
 6214  1004.65.
 6215         Section 102. Section 1011.83, Florida Statutes, is amended
 6216  to read:
 6217         1011.83 Financial support of Florida Community College
 6218  System institutions.—
 6219         (1) Each Florida Community College System institution that
 6220  has been approved by the Department of Education and meets the
 6221  requirements of law and rules of the State Board of Community
 6222  Colleges Education shall participate in the Florida Community
 6223  College System Program Fund. However, funds to support workforce
 6224  education programs conducted by Florida Community College System
 6225  institutions shall be provided pursuant to s. 1011.80.
 6226         (2) A student in a baccalaureate degree program approved
 6227  pursuant to s. 1007.33 who is not classified as a resident for
 6228  tuition purposes pursuant to s. 1009.21 may not be included in
 6229  calculations of full-time equivalent enrollments for state
 6230  funding purposes.
 6231         Section 103. Section 1011.84, Florida Statutes, is amended
 6232  to read:
 6233         1011.84 Procedure for determining state financial support
 6234  and annual apportionment of state funds to each Florida
 6235  Community College System institution district.—The procedure for
 6236  determining state financial support and the annual apportionment
 6237  to each Florida Community College System institution district
 6238  authorized to operate a Florida Community College System
 6239  institution under the provisions of s. 1001.61 shall be as
 6240  follows:
 6241         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 6242  COMMUNITY COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING
 6243  PROGRAM.—
 6244         (a) The State Board of Community Colleges Department of
 6245  Education shall determine annually, from an analysis of
 6246  operating costs, prepared in the manner prescribed by rules of
 6247  the State Board of Education, the costs per full-time equivalent
 6248  student served in courses and fields of study offered in Florida
 6249  Community College System institutions. This information and
 6250  current college operating budgets shall be submitted to the
 6251  Executive Office of the Governor with the legislative budget
 6252  request prior to each regular session of the Legislature.
 6253         (b) The allocation of funds for Florida Community College
 6254  System institutions must shall be based on advanced and
 6255  professional disciplines, developmental education, and other
 6256  programs for adults funded pursuant to s. 1011.80.
 6257         (c) The category of lifelong learning is for students
 6258  enrolled pursuant to s. 1004.93. A student shall also be
 6259  reported as a lifelong learning student for his or her
 6260  enrollment in any course that he or she has previously taken,
 6261  unless it is a credit course in which the student earned a grade
 6262  of D or F.
 6263         (d) If an adult student has been determined to be a
 6264  disabled student eligible for an approved educational program
 6265  for disabled adults provided pursuant to s. 1004.93 and rules of
 6266  the State Board of Community Colleges Education and is enrolled
 6267  in a class with curriculum frameworks developed for the program,
 6268  state funding for that student shall be provided at a level
 6269  double that of a student enrolled in a special adult general
 6270  education program provided by a Florida Community College System
 6271  institution.
 6272         (e) All state inmate education provided by Florida
 6273  Community College System institutions shall be reported by
 6274  program, FTE expenditure, and revenue source. These enrollments,
 6275  expenditures, and revenues shall be reported and projected
 6276  separately. Instruction of state inmates may shall not be
 6277  included in the full-time equivalent student enrollment for
 6278  funding through the Florida Community College System Program
 6279  Fund.
 6280         (f) When a public educational institution has been fully
 6281  funded by an external agency for direct instructional costs of
 6282  any course or program, the FTE generated may shall not be
 6283  reported for state funding.
 6284         (g) The State Board of Education shall adopt rules to
 6285  implement s. 9(d)(8)f., Art. XII of the State Constitution.
 6286  These rules shall provide for the use of the funds available
 6287  under s. 9(d)(8)f., Art. XII by an individual Florida Community
 6288  College System institution for operating expense in any fiscal
 6289  year during which the State Board of Education has determined
 6290  that all major capital outlay needs have been met. Highest
 6291  priority for the use of these funds for purposes other than
 6292  financing approved capital outlay projects shall be for the
 6293  proper maintenance and repair of existing facilities for
 6294  projects approved by the State Board of Education. However, in
 6295  any fiscal year in which funds from this source are authorized
 6296  for operating expense other than approved maintenance and repair
 6297  projects, the allocation of Florida Community College System
 6298  institution program funds shall be reduced by an amount equal to
 6299  the sum used for such operating expense for that Florida
 6300  Community College System institution that year, and that amount
 6301  shall not be released or allocated among the other Florida
 6302  Community College System institutions that year.
 6303         (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
 6304  OUTLAY AND DEBT SERVICE.—The amount included for capital outlay
 6305  and debt service shall be as determined and provided in s. 18,
 6306  Art. XII of the State Constitution of 1885, as adopted by s.
 6307  9(d), Art. XII of the 1968 revised State Constitution and State
 6308  Board of Education rules.
 6309         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 6310         (a) By December 15 of each year, the State Board of
 6311  Community Colleges Department of Education shall estimate the
 6312  annual enrollment of each Florida Community College System
 6313  institution for the current fiscal year and for the 3 subsequent
 6314  fiscal years. These estimates shall be based upon prior years’
 6315  enrollments, upon the initial fall term enrollments for the
 6316  current fiscal year for each college, and upon each college’s
 6317  estimated current enrollment and demographic changes in the
 6318  respective Florida Community College System institution
 6319  districts. Upper-division enrollment shall be estimated
 6320  separately from lower-division enrollment.
 6321         (b) The apportionment to each Florida Community College
 6322  System institution from the Florida Community College System
 6323  Program Fund shall be determined annually in the General
 6324  Appropriations Act. In determining each college’s apportionment,
 6325  the Legislature shall consider the following components:
 6326         1. Base budget, which includes the state appropriation to
 6327  the Florida Community College System Program Fund in the current
 6328  year plus the related student tuition and out-of-state fees
 6329  assigned in the current General Appropriations Act.
 6330         2. The cost-to-continue allocation, which consists of
 6331  incremental changes to the base budget, including salaries,
 6332  price levels, and other related costs allocated through a
 6333  funding model approved by the Legislature which may recognize
 6334  differing economic factors arising from the individual
 6335  educational approaches of the various Florida Community College
 6336  System institutions, including, but not limited to:
 6337         a. Direct Instructional Funding, including class size,
 6338  faculty productivity factors, average faculty salary, ratio of
 6339  full-time to part-time faculty, costs of programs, and
 6340  enrollment factors.
 6341         b. Academic Support, including small colleges factor,
 6342  multicampus factor, and enrollment factor.
 6343         c. Student Services Support, including headcount of
 6344  students as well as FTE count and enrollment factors.
 6345         d. Library Support, including volume and other
 6346  materials/audiovisual requirements.
 6347         e. Special Projects.
 6348         f. Operations and Maintenance of Plant, including square
 6349  footage and utilization factors.
 6350         g. District Cost Differential.
 6351         3. Students enrolled in a recreation and leisure program
 6352  and students enrolled in a lifelong learning program who may not
 6353  be counted as full-time equivalent enrollments for purposes of
 6354  enrollment workload adjustments.
 6355         4. Operating costs of new facilities adjustments, which
 6356  shall be provided, from funds available, for each new facility
 6357  that is owned by the college and is recommended in accordance
 6358  with s. 1013.31.
 6359         5. New and improved program enhancements, which shall be
 6360  determined by the Legislature.
 6361  
 6362  Student fees in the base budget plus student fee revenues
 6363  generated by increases in fee rates shall be deducted from the
 6364  sum of the components determined in subparagraphs 1.-5. The
 6365  amount remaining shall be the net annual state apportionment to
 6366  each college.
 6367         (c) A No Florida Community College System institution may
 6368  not shall commit funds for the employment of personnel or
 6369  resources in excess of those required to continue the same level
 6370  of support for either the previously approved enrollment or the
 6371  revised enrollment, whichever is lower.
 6372         (d) The apportionment to each Florida Community College
 6373  System institution district for capital outlay and debt service
 6374  shall be the amount determined in accordance with subsection
 6375  (2). This amount, less any amount determined as necessary for
 6376  administrative expense by the State Board of Education and any
 6377  amount necessary for debt service on bonds issued by the State
 6378  Board of Education, shall be transmitted to the Florida
 6379  Community College System institution board of trustees to be
 6380  expended in a manner prescribed by rules of the State Board of
 6381  Education.
 6382         (e) If at any time the unencumbered balance in the general
 6383  fund of the Florida Community College System institution board
 6384  of trustees approved operating budget goes below 5 percent, the
 6385  president shall provide written notification to the State Board
 6386  of Education.
 6387         (f) Expenditures for apprenticeship programs must shall be
 6388  reported separately.
 6389         (g) Expenditures for upper-division enrollment in a Florida
 6390  Community College System institution that grants baccalaureate
 6391  degrees must shall be reported separately from expenditures for
 6392  lower-division enrollment, in accordance with law and State
 6393  Board of Education rule.
 6394         (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated
 6395  herein to any Florida Community College System institution must
 6396  shall be expended only for the purpose of supporting that
 6397  Florida Community College System institution.
 6398         (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida
 6399  Community College System institution board of trustees shall
 6400  report, as a separate item in its annual cost accounting system,
 6401  the volume and cost of developmental education options provided
 6402  to help students attain the communication and computation skills
 6403  that are essential for college-level work pursuant to s.
 6404  1008.30.
 6405         Section 104. Section 1011.85, Florida Statutes, is amended
 6406  to read:
 6407         1011.85 Dr. Philip Benjamin Matching Grant Program for
 6408  Florida Community College System Institutions.—
 6409         (1) There is created the Dr. Philip Benjamin Matching Grant
 6410  Program for Florida Community College System Institutions as a
 6411  single matching gifts program that encompasses the goals
 6412  originally set out in the Academic Improvement Program, the
 6413  Scholarship Matching Program, and the Health Care Education
 6414  Quality Enhancement Challenge Grant. The program shall be
 6415  administered according to rules of the State Board of Community
 6416  Colleges Education and used to encourage private support in
 6417  enhancing Florida Community College System institutions by
 6418  providing the Florida Community College System with the
 6419  opportunity to receive and match challenge grants. Funds
 6420  received prior to the effective date of this act for each of the
 6421  three programs shall be retained in the separate account for
 6422  which it was designated.
 6423         (2) Each Florida Community College System institution board
 6424  of trustees receiving state appropriations under this program
 6425  shall approve each gift to ensure alignment with the unique
 6426  mission of the Florida Community College System institution. The
 6427  board of trustees must link all requests for a state match to
 6428  the goals and mission statement. The Florida Community College
 6429  System Institution Foundation Board receiving state
 6430  appropriations under this program shall approve each gift to
 6431  ensure alignment with its goals and mission statement. Funds
 6432  received from community events and festivals are not eligible
 6433  for state matching funds under this program.
 6434         (3) Upon approval by the Florida Community College System
 6435  institution board of trustees and the State Board of Community
 6436  Colleges Education, the ordering of donations for priority
 6437  listing of unmatched gifts should be determined by the
 6438  submitting Florida Community College System institution.
 6439         (4) Each year, eligible contributions received by a Florida
 6440  Community College System institution’s foundation or the State
 6441  Board of Community Colleges Education by February 1 shall be
 6442  eligible for state matching funds.
 6443         (a) Each Florida Community College System institution board
 6444  of trustees and, when applicable, the Florida Community College
 6445  System Institution Foundation Board, receiving state
 6446  appropriations under this program shall also certify in an
 6447  annual report to the State Board of Community Colleges Education
 6448  the receipt of eligible cash contributions that were previously
 6449  unmatched by the state. The State Board of Education shall adopt
 6450  rules providing all Florida Community College System
 6451  institutions with an opportunity to apply for excess funds
 6452  before the awarding of such funds.
 6453         (b) Florida Community College System institutions must
 6454  submit to the State Board of Community Colleges Education an
 6455  annual expenditure report tracking the use of all matching
 6456  funds.
 6457         (c) The audit of each foundation receiving state funds from
 6458  this program must include a certification of accuracy in the
 6459  amount reported for matching funds.
 6460         (5) The matching ratio for donations that are specifically
 6461  designated to support scholarships, including scholarships for
 6462  first-generation-in-college students, student loans, or need
 6463  based grants shall be $1 of state funds to $1 of local private
 6464  funds.
 6465         (6) Otherwise, funds must shall be proportionately
 6466  allocated to the Florida Community College System institutions
 6467  on the basis of matching each $6 of local or private funds with
 6468  $4 of state funds. To be eligible, a minimum of $4,500 must be
 6469  raised from private sources.
 6470         (7) The Florida Community College System institution board
 6471  of trustees, in conjunction with the donor, shall determine make
 6472  the determination of whether scholarships established pursuant
 6473  to this program are endowed.
 6474         (8)(a) Funds sufficient to provide the match shall be
 6475  transferred from the state appropriations to the local Florida
 6476  Community College System institution foundation or the statewide
 6477  Florida Community College System institution foundation upon
 6478  notification that a proportionate amount has been received and
 6479  deposited by a Florida Community College System institution in
 6480  its own trust fund.
 6481         (b) If state funds appropriated for the program are
 6482  insufficient to match contributions, the amount allocated must
 6483  shall be reduced in proportion to its share of the total
 6484  eligible contributions. However, in making proportional
 6485  reductions, every Florida Community College System institution
 6486  shall receive a minimum of $75,000 in state matching funds if
 6487  its eligible contributions would have generated an amount at
 6488  least equal to $75,000. All unmet contributions must shall be
 6489  eligible for state matching funds in subsequent fiscal years.
 6490         (9) Each Florida Community College System institution
 6491  entity shall establish its own matching grant program fund as a
 6492  depository for the private contributions and matching state
 6493  funds provided under this section. Florida Community College
 6494  System institution foundations are responsible for the
 6495  maintenance, investment, and administration of their matching
 6496  grant program funds.
 6497         (10) The State Board of Community Colleges Education may
 6498  receive submissions of requests for matching funds and
 6499  documentation relating to those requests, may approve requests
 6500  for matching funds, and may allocate such funds to the Florida
 6501  Community College System institutions.
 6502         (11) The board of trustees of the Florida Community College
 6503  System institution and the State Board of Community Colleges
 6504  Education are responsible for determining the uses for the
 6505  proceeds of their respective trust funds. Such use of the
 6506  proceeds shall include, but not be limited to, expenditure of
 6507  the funds for:
 6508         (a) Scientific and technical equipment.
 6509         (b) Scholarships, loans, or need-based grants.
 6510         (c) Other activities that will benefit future students as
 6511  well as students currently enrolled at the Florida Community
 6512  College System institution, will improve the quality of
 6513  education at the Florida Community College System institution,
 6514  or will enhance economic development in the community.
 6515         (12) Each Florida Community College System institution
 6516  shall notify all donors of private funds of a substantial delay
 6517  in the availability of state matching funds for this program.
 6518         (13) Effective July 1, 2011, state matching funds are
 6519  temporarily suspended for donations received for this program on
 6520  or after June 30, 2011. Existing eligible donations remain
 6521  eligible for future matching funds. The program may be restarted
 6522  after $200 million of the backlog for programs under this
 6523  section and ss. 1011.32, 1011.94, and 1013.79 have been matched.
 6524         Section 105. Subsection (1) of section 1012.01, Florida
 6525  Statutes, is amended to read:
 6526         1012.01 Definitions.—As used in this chapter, the following
 6527  terms have the following meanings:
 6528         (1) SCHOOL OFFICERS.—The officers of the state system of
 6529  public K-12 and Florida College System institution education
 6530  shall be the Commissioner of Education and the members of the
 6531  State Board of Education; for the Florida Community College
 6532  System, the officers shall be the Chancellor of the Florida
 6533  Community College System and the members of the State Board of
 6534  Community Colleges; for each district school system, the
 6535  officers shall be the district school superintendent and members
 6536  of the district school board; and for each Florida Community
 6537  College System institution, the officers shall be the Florida
 6538  Community College System institution president and members of
 6539  the Florida Community College System institution board of
 6540  trustees.
 6541         Section 106. Paragraph (a) of subsection (1) of section
 6542  1012.80, Florida Statutes, is amended to read:
 6543         1012.80 Participation by employees in disruptive activities
 6544  at public postsecondary educational institutions; penalties.—
 6545         (1)(a) Any person who accepts the privilege extended by the
 6546  laws of this state of employment at any Florida Community
 6547  College System institution shall, by working at such
 6548  institution, be deemed to have given his or her consent to the
 6549  policies of that institution, the policies of the State Board of
 6550  Community Colleges Education, and the laws of this state. Such
 6551  policies shall include prohibition against disruptive activities
 6552  at Florida Community College System institutions.
 6553         Section 107. Subsection (1) of section 1012.81, Florida
 6554  Statutes, is amended to read:
 6555         1012.81 Personnel records.—
 6556         (1) The State Board of Community Colleges Education shall
 6557  adopt rules prescribing the content and custody of limited
 6558  access records that a Florida Community College System
 6559  institution may maintain on its employees. Limited-access
 6560  employee records are confidential and exempt from the provisions
 6561  of s. 119.07(1). Limited-access records include only the
 6562  following:
 6563         (a) Records containing information reflecting academic
 6564  evaluations of employee performance; however, the employee and
 6565  officials of the institution responsible for supervision of the
 6566  employee shall have access to such records.
 6567         (b) Records maintained for the purposes of any
 6568  investigation of employee misconduct, including, but not limited
 6569  to, a complaint against an employee and all information obtained
 6570  pursuant to the investigation of such complaint; however, these
 6571  records become public after the investigation ceases to be
 6572  active or when the institution provides written notice to the
 6573  employee who is the subject of the complaint that the
 6574  institution has either:
 6575         1. Concluded the investigation with a finding not to
 6576  proceed with disciplinary action;
 6577         2. Concluded the investigation with a finding to proceed
 6578  with disciplinary action; or
 6579         3. Issued a letter of discipline.
 6580  
 6581  For the purpose of this paragraph, an investigation shall be
 6582  considered active as long as it is continuing with a reasonable,
 6583  good faith anticipation that a finding will be made in the
 6584  foreseeable future. An investigation shall be presumed to be
 6585  inactive if no finding is made within 90 days after the
 6586  complaint is filed.
 6587         Section 108. Subsection (1) of section 1012.83, Florida
 6588  Statutes, is amended to read:
 6589         1012.83 Contracts with administrative and instructional
 6590  staff.—
 6591         (1) Each person employed in an administrative or
 6592  instructional capacity in a Florida Community College System
 6593  institution shall be entitled to a contract as provided by rules
 6594  of the State Board of Community Colleges Education.
 6595         Section 109. Section 1012.855, Florida Statutes, is amended
 6596  to read:
 6597         1012.855 Employment of Florida Community College System
 6598  institution personnel; discrimination in granting salary
 6599  prohibited.—
 6600         (1)(a) Employment of all personnel in each Florida
 6601  Community College System institution shall be upon
 6602  recommendation of the president, subject to rejection for cause
 6603  by the Florida Community College System institution board of
 6604  trustees; to the rules of the State Board of Community Colleges
 6605  Education relative to certification, tenure, leaves of absence
 6606  of all types, including sabbaticals, remuneration, and such
 6607  other conditions of employment as the State Board of Community
 6608  Colleges Education deems necessary and proper; and to policies
 6609  of the Florida Community College System institution board of
 6610  trustees not inconsistent with law.
 6611         (b) Any internal auditor employed by a Florida Community
 6612  College System institution shall be hired by the Florida
 6613  Community College System institution board of trustees and shall
 6614  report directly to the board.
 6615         (2) Each Florida Community College System institution board
 6616  of trustees shall undertake a program to eradicate any
 6617  discrimination on the basis of gender, race, or physical
 6618  handicap in the granting of salaries to employees.
 6619         Section 110. Section 1012.86, Florida Statutes, is amended
 6620  to read:
 6621         1012.86 Florida Community College System institution
 6622  employment equity accountability program.—
 6623         (1) Each Florida Community College System institution shall
 6624  include in its annual equity update a plan for increasing the
 6625  representation of women and minorities in senior-level
 6626  administrative positions and in full-time faculty positions, and
 6627  for increasing the representation of women and minorities who
 6628  have attained continuing-contract status. Positions shall be
 6629  defined in the personnel data element directory of the
 6630  Department of Education. The plan must include specific
 6631  measurable goals and objectives, specific strategies and
 6632  timelines for accomplishing these goals and objectives, and
 6633  comparable national standards as provided by the Department of
 6634  Education. The goals and objectives shall be based on meeting or
 6635  exceeding comparable national standards and shall be reviewed
 6636  and recommended by the State Board of Community Colleges
 6637  Education as appropriate. Such plans shall be maintained until
 6638  appropriate representation has been achieved and maintained for
 6639  at least 3 consecutive reporting years.
 6640         (2)(a) On or before May 1 of each year, each Florida
 6641  Community College System institution president shall submit an
 6642  annual employment accountability plan to the Chancellor of the
 6643  Florida Community College System and the State Board of
 6644  Community Colleges Commissioner of Education and the State Board
 6645  of Education. The accountability plan must show faculty and
 6646  administrator employment data according to requirements
 6647  specified on the federal Equal Employment Opportunity (EE0-6)
 6648  report.
 6649         (b) The plan must show the following information for those
 6650  positions including, but not limited to:
 6651         1. Job classification title.
 6652         2. Gender.
 6653         3. Ethnicity.
 6654         4. Appointment status.
 6655         5. Salary information. At each Florida Community College
 6656  System institution, salary information shall also include the
 6657  salary ranges in which new hires were employed compared to the
 6658  salary ranges for employees with comparable experience and
 6659  qualifications.
 6660         6. Other comparative information including, but not limited
 6661  to, composite information regarding the total number of
 6662  positions within the particular job title classification for the
 6663  Florida Community College System institution by race, gender,
 6664  and salary range compared to the number of new hires.
 6665         7. A statement certifying diversity and balance in the
 6666  gender and ethnic composition of the selection committee for
 6667  each vacancy, including a brief description of guidelines used
 6668  for ensuring balanced and diverse membership on selection and
 6669  review committees.
 6670         (c) The annual employment accountability plan shall also
 6671  include an analysis and an assessment of the Florida Community
 6672  College System institution’s attainment of annual goals and of
 6673  long-range goals for increasing the number of women and
 6674  minorities in faculty and senior-level administrative positions,
 6675  and a corrective action plan for addressing underrepresentation.
 6676         (d) Each Florida Community College System institution’s
 6677  employment accountability plan must also include:
 6678         1. The requirements for receiving a continuing contract.
 6679         2. A brief description of the process used to grant
 6680  continuing-contract status.
 6681         3. A brief description of the process used to annually
 6682  apprise each eligible faculty member of progress toward
 6683  attainment of continuing-contract status.
 6684         (3) Florida Community College System institution presidents
 6685  and the heads of each major administrative division shall be
 6686  evaluated annually on the progress made toward meeting the goals
 6687  and objectives of the Florida Community College System
 6688  institution’s employment accountability plan.
 6689         (a) The Florida Community College System institution
 6690  presidents, or the presidents’ designees, shall annually
 6691  evaluate each department chairperson, dean, provost, and vice
 6692  president in achieving the annual and long-term goals and
 6693  objectives. A summary of the results of such evaluations shall
 6694  be reported annually by the Florida Community College System
 6695  institution president to the Florida Community College System
 6696  institution board of trustees. Annual budget allocations by the
 6697  Florida Community College System institution board of trustees
 6698  for positions and funding must take into consideration these
 6699  evaluations.
 6700         (b) Florida Community College System institution boards of
 6701  trustees shall annually evaluate the performance of the Florida
 6702  Community College System institution presidents in achieving the
 6703  annual and long-term goals and objectives. A summary of the
 6704  results of such evaluations shall be reported to the State Board
 6705  of Community Colleges Commissioner of Education and the State
 6706  Board of Education as part of the Florida Community College
 6707  System institution’s annual employment accountability plan, and
 6708  to the Legislature as part of the annual equity progress report
 6709  submitted by the State Board of Community Colleges Education.
 6710         (4) The State Board of Community Colleges Education shall
 6711  submit an annual equity progress report to the President of the
 6712  Senate and the Speaker of the House of Representatives on or
 6713  before January 1 of each year.
 6714         (5) Each Florida Community College System institution shall
 6715  develop a budgetary incentive plan to support and ensure
 6716  attainment of the goals developed pursuant to this section. The
 6717  plan shall specify, at a minimum, how resources shall be
 6718  allocated to support the achievement of goals and the
 6719  implementation of strategies in a timely manner. After prior
 6720  review and approval by the Florida Community College System
 6721  institution president and the Florida Community College System
 6722  institution board of trustees, the plan shall be submitted as
 6723  part of the annual employment accountability plan submitted by
 6724  each Florida Community College System institution to the State
 6725  Board of Community Colleges Education.
 6726         (6) Subject to available funding, the Legislature shall
 6727  provide an annual appropriation to the State Board of Community
 6728  Colleges Education to be allocated to Florida Community College
 6729  System institution presidents, faculty, and administrative
 6730  personnel to further enhance equity initiatives and related
 6731  priorities that support the mission of colleges and departments
 6732  in recognition of the attainment of the equity goals and
 6733  objectives.
 6734         Section 111. Subsection (3) of section 1013.01, Florida
 6735  Statutes, is amended to read:
 6736         1013.01 Definitions.—The following terms shall be defined
 6737  as follows for the purpose of this chapter:
 6738         (3) “Board,” unless otherwise specified, means a district
 6739  school board, a Florida Community College System institution
 6740  board of trustees, a university board of trustees, and the Board
 6741  of Trustees for the Florida School for the Deaf and the Blind.
 6742  The term “board” does not include the State Board of Education,
 6743  or the Board of Governors, or the State Board of Community
 6744  Colleges.
 6745         Section 112. Subsection (2) of section 1013.02, Florida
 6746  Statutes, is amended to read:
 6747         1013.02 Purpose; rules and regulations.—
 6748         (2)(a) The State Board of Education shall adopt rules
 6749  pursuant to ss. 120.536(1) and 120.54 to implement the
 6750  provisions of this chapter for school districts and Florida
 6751  College System institutions.
 6752         (b) The Board of Governors shall adopt regulations pursuant
 6753  to its regulation development procedure to implement the
 6754  provisions of this chapter for state universities.
 6755         (c) The State Board of Community Colleges shall adopt rules
 6756  pursuant to ss. 120.536(1) and 120.54 to implement this chapter
 6757  for Florida Community College System institutions.
 6758         Section 113. Section 1013.03, Florida Statutes, is amended
 6759  to read:
 6760         1013.03 Functions of the department, the State Board of
 6761  Community Colleges, and the Board of Governors.—The functions of
 6762  the Department of Education as it pertains to educational
 6763  facilities of school districts, of the State Board of Community
 6764  Colleges as it pertains to educational facilities of and Florida
 6765  Community College System institutions, and of the Board of
 6766  Governors as it pertains to educational facilities of state
 6767  universities shall include, but not be limited to, the
 6768  following:
 6769         (1) Establish recommended minimum and maximum square
 6770  footage standards for different functions and areas and
 6771  procedures for determining the gross square footage for each
 6772  educational facility to be funded in whole or in part by the
 6773  state, including public broadcasting stations but excluding
 6774  postsecondary special purpose laboratory space. The gross square
 6775  footage determination standards may be exceeded when the core
 6776  facility space of an educational facility is constructed or
 6777  renovated to accommodate the future addition of classrooms to
 6778  meet projected increases in student enrollment. The department,
 6779  the State Board of Community Colleges, and the Board of
 6780  Governors shall encourage multiple use of facilities and spaces
 6781  in educational plants.
 6782         (2) Establish, for the purpose of determining need,
 6783  equitably uniform utilization standards for all types of like
 6784  space, regardless of the level of education. These standards
 6785  shall also establish, for postsecondary education classrooms, a
 6786  minimum room utilization rate of 40 hours per week and a minimum
 6787  station utilization rate of 60 percent. These rates shall be
 6788  subject to increase based on national norms for utilization of
 6789  postsecondary education classrooms.
 6790         (3) Require boards to submit other educational plant
 6791  inventories data and statistical data or information relevant to
 6792  construction, capital improvements, and related costs.
 6793         (4) Require each board and other appropriate agencies to
 6794  submit complete and accurate financial data as to the amounts of
 6795  funds from all sources that are available and spent for
 6796  construction and capital improvements. The commissioner shall
 6797  prescribe the format and the date for the submission of this
 6798  data and any other educational facilities data. If any district
 6799  does not submit the required educational facilities fiscal data
 6800  by the prescribed date, the Commissioner of Education shall
 6801  notify the district school board of this fact and, if
 6802  appropriate action is not taken to immediately submit the
 6803  required report, the district school board shall be directed to
 6804  proceed pursuant to s. 1001.42(13)(b). If any Florida Community
 6805  College System institution or university does not submit the
 6806  required educational facilities fiscal data by the prescribed
 6807  date, the same policy prescribed in this subsection for school
 6808  districts shall be implemented.
 6809         (5) Administer, under the supervision of the Commissioner
 6810  of Education, the Public Education Capital Outlay and Debt
 6811  Service Trust Fund and the School District and Community College
 6812  District Capital Outlay and Debt Service Trust Fund.
 6813         (6) Develop, review, update, revise, and recommend a
 6814  mandatory portion of the Florida Building Code for educational
 6815  facilities construction and capital improvement by Florida
 6816  Community College System institution boards and district school
 6817  boards.
 6818         (7) Provide training, technical assistance, and building
 6819  code interpretation for requirements of the mandatory Florida
 6820  Building Code for the educational facilities construction and
 6821  capital improvement programs of the Florida College System
 6822  institution boards and district school boards and, upon request,
 6823  approve phase III construction documents for remodeling,
 6824  renovation, or new construction of educational plants or
 6825  ancillary facilities, except that Florida Community College
 6826  System institutions and university boards of trustees shall
 6827  approve specifications and construction documents for their
 6828  respective institutions pursuant to guidelines of the Board of
 6829  Governors or State Board of Community Colleges, as applicable.
 6830  The Department of Management Services may, upon request, provide
 6831  similar services for the Florida School for the Deaf and the
 6832  Blind and shall use the Florida Building Code and the Florida
 6833  Fire Prevention Code.
 6834         (8) Provide minimum criteria, procedures, and training to
 6835  boards to conduct educational plant surveys and document the
 6836  determination of future needs.
 6837         (9) Make available to boards technical assistance,
 6838  awareness training, and research and technical publications
 6839  relating to lifesafety, casualty, sanitation, environmental,
 6840  maintenance, and custodial issues; and, as needed, technical
 6841  assistance for survey, planning, design, construction,
 6842  operation, and evaluation of educational and ancillary
 6843  facilities and plants, facilities administrative procedures
 6844  review, and training for new administrators.
 6845         (10)(a) Review and validate surveys proposed or amended by
 6846  the boards and recommend to the Commissioner of Education, the
 6847  Chancellor of the Florida Community College System, or the
 6848  Chancellor of the State University System, as appropriate, for
 6849  approval, surveys that meet the requirements of this chapter.
 6850         1. The term “validate” as applied to surveys by school
 6851  districts means to review inventory data as submitted to the
 6852  department by district school boards; provide for review and
 6853  inspection, where required, of student stations and aggregate
 6854  square feet of inventory changed from satisfactory to
 6855  unsatisfactory or changed from unsatisfactory to satisfactory;
 6856  compare new school inventory to allocation limits provided by
 6857  this chapter; review cost projections for conformity with cost
 6858  limits set by s. 1013.64(6); compare total capital outlay full
 6859  time equivalent enrollment projections in the survey with the
 6860  department’s projections; review facilities lists to verify that
 6861  student station and auxiliary facility space allocations do not
 6862  exceed the limits provided by this chapter and related rules;
 6863  review and confirm the application of uniform facility
 6864  utilization factors, where provided by this chapter or related
 6865  rules; use utilize the documentation of programs offered per
 6866  site, as submitted by the board, to analyze facility needs;
 6867  confirm that need projections for career and adult educational
 6868  programs comply with needs documented by the Department of
 6869  Education; and confirm the assignment of full-time student
 6870  stations to all space except auxiliary facilities, which, for
 6871  purposes of exemption from student station assignment, include
 6872  the following:
 6873         a. Cafeterias.
 6874         b. Multipurpose dining areas.
 6875         c. Media centers.
 6876         d. Auditoriums.
 6877         e. Administration.
 6878         f. Elementary, middle, and high school resource rooms, up
 6879  to the number of such rooms recommended for the applicable
 6880  occupant and space design capacity of the educational plant in
 6881  the State Requirements for Educational Facilities, beyond which
 6882  student stations must be assigned.
 6883         g. Elementary school skills labs, up to the number of such
 6884  rooms recommended for the applicable occupant and space design
 6885  capacity of the educational plant in the State Requirements for
 6886  Educational Facilities, beyond which student stations must be
 6887  assigned.
 6888         h. Elementary school art and music rooms.
 6889  
 6890  The Commissioner of Education may grant a waiver from the
 6891  requirements of this subparagraph if a district school board
 6892  determines that such waiver will make possible a substantial
 6893  savings of funds or will be advantageous to the welfare of the
 6894  educational system. The district school board shall present a
 6895  full statement to the commissioner which sets forth the facts
 6896  that warrant the waiver. If the commissioner denies a request
 6897  for a waiver, the district school board may appeal such decision
 6898  to the State Board of Education.
 6899         2. The term “validate” as applied to surveys by Florida
 6900  Community College System institutions and universities means to
 6901  review and document the approval of each new site and official
 6902  designation, where applicable; review the inventory database as
 6903  submitted by each board to the department, including noncareer,
 6904  and total capital outlay full-time equivalent enrollment
 6905  projections per site and per college; provide for the review and
 6906  inspection, where required, of student stations and aggregate
 6907  square feet of space changed from satisfactory to
 6908  unsatisfactory; use utilize and review the documentation of
 6909  programs offered per site submitted by the boards as accurate
 6910  for analysis of space requirements and needs; confirm that needs
 6911  projected for career and adult educational programs comply with
 6912  needs documented by the Department of Education; compare new
 6913  facility inventory to allocations limits as provided in this
 6914  chapter; review cost projections for conformity with state
 6915  averages or limits designated by this chapter; compare student
 6916  enrollment projections in the survey to the department’s
 6917  projections; review facilities lists to verify that area
 6918  allocations and space factors for generating space needs do not
 6919  exceed the limits as provided by this chapter and related rules;
 6920  confirm the application of facility utilization factors as
 6921  provided by this chapter and related rules; and review, as
 6922  submitted, documentation of how survey recommendations will
 6923  implement the detail of current campus master plans and
 6924  integrate with local comprehensive plans and development
 6925  regulations.
 6926         (b) Recommend priority of projects to be funded.
 6927         (11) Prepare the commissioner’s comprehensive fixed capital
 6928  outlay legislative budget request and provide annually an
 6929  estimate of the funds available for developing required 3-year
 6930  priority lists. This amount shall be based upon the average
 6931  percentage for the 5 prior years of funds appropriated by the
 6932  Legislature for fixed capital outlay to each level of public
 6933  education: public schools, Florida Community College System
 6934  institutions, and universities.
 6935         (12) Perform any other functions that may be involved in
 6936  educational facilities construction and capital improvement
 6937  which shall ensure that the intent of the Legislature is
 6938  implemented.
 6939         Section 114. Section 1013.28, Florida Statutes, is amended
 6940  to read:
 6941         1013.28 Disposal of property.—
 6942         (1) REAL PROPERTY.—
 6943         (a) Subject to rules of the State Board of Education, a
 6944  district school board or, the Board of Trustees for the Florida
 6945  School for the Deaf and the Blind, or a Florida College System
 6946  institution board of trustees may dispose of any land or real
 6947  property to which the board holds title which is, by resolution
 6948  of the board, determined to be unnecessary for educational
 6949  purposes as recommended in an educational plant survey. A
 6950  district school board or, the Board of Trustees for the Florida
 6951  School for the Deaf and the Blind, or a Florida College System
 6952  institution board of trustees shall take diligent measures to
 6953  dispose of educational property only in the best interests of
 6954  the public. However, appraisals may be obtained by the district
 6955  school board or, the Board of Trustees for the Florida School
 6956  for the Deaf and the Blind before, or the Florida College System
 6957  institution board of trustees prior to or simultaneously with
 6958  the receipt of bids.
 6959         (b) Subject to regulations of the Board of Governors, a
 6960  state university board of trustees may dispose of any land or
 6961  real property to which it holds valid title which is, by
 6962  resolution of the state university board of trustees, determined
 6963  to be unnecessary for educational purposes as recommended in an
 6964  educational plant survey. A state university board of trustees
 6965  shall take diligent measures to dispose of educational property
 6966  only in the best interests of the public. However, appraisals
 6967  may be obtained by the state university board of trustees prior
 6968  to or simultaneously with the receipt of bids.
 6969         (c) Subject to rules of the State Board of Community
 6970  Colleges, a Florida Community College System institution board
 6971  of trustees may dispose of any land or real property to which it
 6972  holds valid title which is, by resolution of the Florida
 6973  Community College System institution board of trustees,
 6974  determined to be unnecessary for educational purposes as
 6975  recommended in an educational plant survey. A Florida Community
 6976  College System institution board of trustees shall take diligent
 6977  measures to dispose of educational property only in the best
 6978  interests of the public. However, appraisals may be obtained by
 6979  the Florida Community College System institution board of
 6980  trustees prior to or simultaneously with the receipt of bids.
 6981         (2) TANGIBLE PERSONAL PROPERTY.—
 6982         (a) Tangible personal property that has been properly
 6983  classified as surplus by a district school board or Florida
 6984  College System institution board of trustees shall be disposed
 6985  of in accordance with the procedure established by chapter 274.
 6986  However, the provisions of chapter 274 shall not be applicable
 6987  to a motor vehicle used in driver education to which title is
 6988  obtained for a token amount from an automobile dealer or
 6989  manufacturer. In such cases, the disposal of the vehicle shall
 6990  be as prescribed in the contractual agreement between the
 6991  automotive agency or manufacturer and the board.
 6992         (b) Tangible personal property that has been properly
 6993  classified as surplus by a state university board of trustees
 6994  shall be disposed of in accordance with the procedure
 6995  established by chapter 273.
 6996         (c) Tangible personal property that has been properly
 6997  classified as surplus by a Florida Community College System
 6998  institution board of trustees shall be disposed of in accordance
 6999  with the procedure established by chapter 274.
 7000         Section 115. Section 1013.29, Florida Statutes, is created
 7001  to read:
 7002         1013.29 High school educational facilities on a public or
 7003  private postsecondary institution campus.—A district school
 7004  board may authorize a public high school within the district,
 7005  including, but not limited to, a charter school authorized to
 7006  operate under s. 1002.33, which meets the requirements of this
 7007  chapter, to be located on a postsecondary institution’s campus.
 7008         Section 116. Subsection (1) of section 1013.31, Florida
 7009  Statutes, is amended to read:
 7010         1013.31 Educational plant survey; localized need
 7011  assessment; PECO project funding.—
 7012         (1) At least every 5 years, each board shall arrange for an
 7013  educational plant survey, to aid in formulating plans for
 7014  housing the educational program and student population, faculty,
 7015  administrators, staff, and auxiliary and ancillary services of
 7016  the district or campus, including consideration of the local
 7017  comprehensive plan. The Department of Education, for school
 7018  districts, and the State Board of Community Colleges, for the
 7019  Florida Community College System, shall document the need for
 7020  additional career and adult education programs and the
 7021  continuation of existing programs before facility construction
 7022  or renovation related to career or adult education may be
 7023  included in the educational plant survey of a school district or
 7024  Florida Community College System institution that delivers
 7025  career or adult education programs. Information used by the
 7026  Department of Education or State Board of Community Colleges to
 7027  establish facility needs must include, but need not be limited
 7028  to, labor market data, needs analysis, and information submitted
 7029  by the school district or Florida Community College System
 7030  institution.
 7031         (a) Survey preparation and required data.—Each survey shall
 7032  be conducted by the board or an agency employed by the board.
 7033  Surveys shall be reviewed and approved by the board, and a file
 7034  copy shall be submitted to the Department of Education, the
 7035  Chancellor of the Florida Community College System, or the
 7036  Chancellor of the State University System, as appropriate. The
 7037  survey report shall include at least an inventory of existing
 7038  educational and ancillary plants, including safe access
 7039  facilities; recommendations for existing educational and
 7040  ancillary plants; recommendations for new educational or
 7041  ancillary plants, including the general location of each in
 7042  coordination with the land use plan and safe access facilities;
 7043  campus master plan update and detail for Florida Community
 7044  College System institutions; the use utilization of school
 7045  plants based on an extended school day or year-round operation;
 7046  and such other information as may be required by the Department
 7047  of Education. This report may be amended, if conditions warrant,
 7048  at the request of the department or commissioner.
 7049         (b) Required need assessment criteria for district, Florida
 7050  Community College System institution, state university, and
 7051  Florida School for the Deaf and the Blind plant surveys.
 7052  Educational plant surveys must use uniform data sources and
 7053  criteria specified in this paragraph. Each revised educational
 7054  plant survey and each new educational plant survey supersedes
 7055  previous surveys.
 7056         1. The school district’s survey must be submitted as a part
 7057  of the district educational facilities plan defined in s.
 7058  1013.35. To ensure that the data reported to the Department of
 7059  Education as required by this section is correct, the department
 7060  shall annually conduct an onsite review of 5 percent of the
 7061  facilities reported for each school district completing a new
 7062  survey that year. If the department’s review finds the data
 7063  reported by a district is less than 95 percent accurate, within
 7064  1 year from the time of notification by the department the
 7065  district must submit revised reports correcting its data. If a
 7066  district fails to correct its reports, the commissioner may
 7067  direct that future fixed capital outlay funds be withheld until
 7068  such time as the district has corrected its reports so that they
 7069  are not less than 95 percent accurate.
 7070         2. Each survey of a special facility, joint-use facility,
 7071  or cooperative career education facility must be based on
 7072  capital outlay full-time equivalent student enrollment data
 7073  prepared by the department for school districts and Florida
 7074  Community College System institutions and by the Chancellor of
 7075  the State University System for universities. A survey of space
 7076  needs of a joint-use facility shall be based upon the respective
 7077  space needs of the school districts, Florida Community College
 7078  System institutions, and universities, as appropriate.
 7079  Projections of a school district’s facility space needs may not
 7080  exceed the norm space and occupant design criteria established
 7081  by the State Requirements for Educational Facilities.
 7082         3. Each Florida Community College System institution’s
 7083  survey must reflect the capacity of existing facilities as
 7084  specified in the inventory maintained and validated by the
 7085  Chancellor of the Florida Community College System by the
 7086  Department of Education. Projections of facility space needs
 7087  must comply with standards for determining space needs as
 7088  specified by rule of the State Board of Community Colleges
 7089  Education. The 5-year projection of capital outlay student
 7090  enrollment must be consistent with the annual report of capital
 7091  outlay full-time student enrollment prepared by the Department
 7092  of Education.
 7093         4. Each state university’s survey must reflect the capacity
 7094  of existing facilities as specified in the inventory maintained
 7095  and validated by the Chancellor of the State University System.
 7096  Projections of facility space needs must be consistent with
 7097  standards for determining space needs as specified by regulation
 7098  of the Board of Governors. The projected capital outlay full
 7099  time equivalent student enrollment must be consistent with the
 7100  5-year planned enrollment cycle for the State University System
 7101  approved by the Board of Governors.
 7102         5. The district educational facilities plan of a school
 7103  district and the educational plant survey of a Florida Community
 7104  College System institution, state university, or the Florida
 7105  School for the Deaf and the Blind may include space needs that
 7106  deviate from approved standards for determining space needs if
 7107  the deviation is justified by the district or institution and
 7108  approved by the department, the State Board of Community
 7109  Colleges, or the Board of Governors, as appropriate, as
 7110  necessary for the delivery of an approved educational program.
 7111         (c) Review and validation.—The Department of Education
 7112  shall review and validate the surveys of school districts, the
 7113  Chancellor of the Florida Community College System shall review
 7114  and validate the surveys of and Florida Community College System
 7115  institutions, and the Chancellor of the State University System
 7116  shall review and validate the surveys of universities, and any
 7117  amendments thereto for compliance with the requirements of this
 7118  chapter and shall recommend those in compliance for approval by
 7119  the State Board of Education, the State Board of Community
 7120  Colleges, or the Board of Governors, as appropriate. Annually,
 7121  the department shall perform an in-depth analysis of a
 7122  representative sample of each survey of recommended needs for
 7123  five districts selected by the commissioner from among districts
 7124  with the largest need-to-revenue ratio. For the purpose of this
 7125  subsection, the need-to-revenue ratio is determined by dividing
 7126  the total 5-year cost of projects listed on the district survey
 7127  by the total 5-year fixed capital outlay revenue projections
 7128  from state and local sources as determined by the department.
 7129  The commissioner may direct fixed capital outlay funds to be
 7130  withheld from districts until such time as the survey accurately
 7131  projects facilities needs.
 7132         (d) Periodic update of Florida Inventory of School Houses.
 7133  School districts shall periodically update their inventory of
 7134  educational facilities as new capacity becomes available and as
 7135  unsatisfactory space is eliminated. The State Board of Education
 7136  shall adopt rules to determine the timeframe in which districts
 7137  must provide a periodic update.
 7138         Section 117. Subsections (1) and (3) of section 1013.36,
 7139  Florida Statutes, are amended to read:
 7140         1013.36 Site planning and selection.—
 7141         (1) Before acquiring property for sites, each district
 7142  school board and Florida Community College System institution
 7143  board of trustees shall determine the location of proposed
 7144  educational centers or campuses. In making this determination,
 7145  the board shall consider existing and anticipated site needs and
 7146  the most economical and practicable locations of sites. The
 7147  board shall coordinate with the long-range or comprehensive
 7148  plans of local, regional, and state governmental agencies to
 7149  assure the consistency of such plans. Boards are encouraged to
 7150  locate district educational facilities proximate to urban
 7151  residential areas to the extent possible, and shall seek to
 7152  collocate district educational facilities with other public
 7153  facilities, such as parks, libraries, and community centers, to
 7154  the extent possible and to encourage using elementary schools as
 7155  focal points for neighborhoods.
 7156         (3) Sites recommended for purchase or purchased must meet
 7157  standards prescribed in law and such supplementary standards as
 7158  the State Board of Education or State Board of Community
 7159  Colleges, as appropriate, prescribes to promote the educational
 7160  interests of the students. Each site must be well drained and
 7161  suitable for outdoor educational purposes as appropriate for the
 7162  educational program or collocated with facilities to serve this
 7163  purpose. As provided in s. 333.03, the site must not be located
 7164  within any path of flight approach of any airport. Insofar as is
 7165  practicable, the site must not adjoin a right-of-way of any
 7166  railroad or through highway and must not be adjacent to any
 7167  factory or other property from which noise, odors, or other
 7168  disturbances, or at which conditions, would be likely to
 7169  interfere with the educational program. To the extent
 7170  practicable, sites must be chosen which will provide safe access
 7171  from neighborhoods to schools.
 7172         Section 118. Subsections (3) and (4) of section 1013.37,
 7173  Florida Statutes, are amended to read:
 7174         1013.37 State uniform building code for public educational
 7175  facilities construction.—
 7176         (3) REVIEW PROCEDURE.—The Commissioner of Education and the
 7177  Chancellor of the Florida Community College System, as
 7178  appropriate, shall cooperate with the Florida Building
 7179  Commission in addressing all questions, disputes, or
 7180  interpretations involving the provisions of the Florida Building
 7181  Code which govern the construction of public educational and
 7182  ancillary facilities, and any objections to decisions made by
 7183  the inspectors or the department must be submitted in writing.
 7184         (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The
 7185  department, for school districts, and the State Board of
 7186  Community Colleges, for Florida Community College System
 7187  institutions, shall biennially review and recommend to the
 7188  Florida Building Commission updates and revisions to the
 7189  provisions of the Florida Building Code which govern the
 7190  construction of public educational and ancillary facilities. The
 7191  department, for school districts, and the State Board of
 7192  Community Colleges, for Florida Community College System
 7193  institutions, shall publish and make available to each board at
 7194  no cost copies of the State Requirements for Educational
 7195  Facilities and each amendment and revision thereto. The
 7196  department and state board shall make additional copies
 7197  available to all interested persons at a price sufficient to
 7198  recover costs.
 7199         Section 119. Section 1013.40, Florida Statutes, is amended
 7200  to read:
 7201         1013.40 Planning and construction of Florida Community
 7202  College System institution facilities; property acquisition.—
 7203         (1) The need for Florida Community College System
 7204  institution facilities shall be established by a survey
 7205  conducted pursuant to this chapter. The facilities recommended
 7206  by such survey must be approved by the State Board of Community
 7207  Colleges Education, and the projects must be constructed
 7208  according to the provisions of this chapter and State Board of
 7209  Community Colleges Education rules.
 7210         (2) A No Florida Community College System institution may
 7211  not expend public funds for the acquisition of additional
 7212  property without the specific approval of the Legislature.
 7213         (3) A No facility may not be acquired or constructed by a
 7214  Florida Community College System institution or its direct
 7215  support organization if such facility requires general revenue
 7216  funds for operation or maintenance upon project completion or in
 7217  subsequent years of operation, unless prior approval is received
 7218  from the Legislature.
 7219         (4) The campus of a Florida Community College System
 7220  institution within a municipality designated as an area of
 7221  critical state concern, as defined in s. 380.05, and having a
 7222  comprehensive plan and land development regulations containing a
 7223  building permit allocation system that limits annual growth, may
 7224  construct dormitories for up to 300 beds for Florida Community
 7225  College System institution students. Such dormitories are exempt
 7226  from the building permit allocation system and may be
 7227  constructed up to 45 feet in height if the dormitories are
 7228  otherwise consistent with the comprehensive plan, the Florida
 7229  Community College System institution has a hurricane evacuation
 7230  plan that requires all dormitory occupants to be evacuated 48
 7231  hours in advance of tropical force winds, and transportation is
 7232  provided for dormitory occupants during an evacuation. State
 7233  funds and tuition and fee revenues may not be used for
 7234  construction, debt service payments, maintenance, or operation
 7235  of such dormitories. Additional dormitory beds constructed after
 7236  July 1, 2016, may not be financed through the issuance of a
 7237  bond.
 7238         Section 120. Section 1013.47, Florida Statutes, is amended
 7239  to read:
 7240         1013.47 Substance of contract; contractors to give bond;
 7241  penalties.—Each board shall develop contracts consistent with
 7242  this chapter and statutes governing public facilities. Such a
 7243  contract must contain the drawings and specifications of the
 7244  work to be done and the material to be furnished, the time limit
 7245  in which the construction is to be completed, the time and
 7246  method by which payments are to be made upon the contract, and
 7247  the penalty to be paid by the contractor for a failure to comply
 7248  with the terms of the contract. The board may require the
 7249  contractor to pay a penalty for any failure to comply with the
 7250  terms of the contract and may provide an incentive for early
 7251  completion. Upon accepting a satisfactory bid, the board shall
 7252  enter into a contract with the party or parties whose bid has
 7253  been accepted. The contractor shall furnish the board with a
 7254  performance and payment bond as set forth in s. 255.05. A board
 7255  or other public entity may not require a contractor to secure a
 7256  surety bond under s. 255.05 from a specific agent or bonding
 7257  company. A person, firm, or corporation that constructs any part
 7258  of any educational plant, or addition thereto, on the basis of
 7259  any unapproved plans or in violation of any plans approved in
 7260  accordance with the provisions of this chapter and rules of the
 7261  State Board of Education or State Board of Community Colleges or
 7262  regulations of the Board of Governors relating to building
 7263  standards or specifications is subject to forfeiture of the
 7264  surety bond and unpaid compensation in an amount sufficient to
 7265  reimburse the board for any costs that will need to be incurred
 7266  in making any changes necessary to assure that all requirements
 7267  are met and is also guilty of a misdemeanor of the second
 7268  degree, punishable as provided in s. 775.082 or s. 775.083, for
 7269  each separate violation.
 7270         Section 121. Section 1013.52, Florida Statutes, is amended
 7271  to read:
 7272         1013.52 Cooperative development and joint use of facilities
 7273  by two or more boards.—
 7274         (1) Two or more boards, including district school boards,
 7275  Florida Community College System institution boards of trustees,
 7276  the Board of Trustees for the Florida School for the Deaf and
 7277  the Blind, and university boards of trustees, desiring to
 7278  cooperatively establish a common educational facility to
 7279  accommodate students shall:
 7280         (a) Jointly request a formal assessment by the Commissioner
 7281  of Education, or the Chancellor of the State University System,
 7282  or the Chancellor of the State Board of Community Colleges, as
 7283  appropriate, of the academic program need and the need to build
 7284  new joint-use facilities to house approved programs. Completion
 7285  of the assessment and approval of the project by the State Board
 7286  of Education, the State Board of Community Colleges, the
 7287  Chancellor of the Florida Community College System, the Board of
 7288  Governors, the Chancellor of the State University System, or the
 7289  Commissioner of Education, as appropriate, should be done prior
 7290  to conducting an educational facilities survey.
 7291         (b) Demonstrate the need for construction of new joint-use
 7292  facilities involving postsecondary institutions by those
 7293  institutions presenting evidence of the presence of sufficient
 7294  actual full-time equivalent enrollments in the locale in leased,
 7295  rented, or borrowed spaces to justify the requested facility for
 7296  the programs identified in the formal assessment rather than
 7297  using projected or anticipated future full-time equivalent
 7298  enrollments as justification. If the decision is made to
 7299  construct new facilities to meet this demonstrated need, then
 7300  building plans should consider full-time equivalent enrollment
 7301  growth facilitated by this new construction and subsequent new
 7302  program offerings made possible by the existence of the new
 7303  facilities.
 7304         (c) Adopt and submit to the Commissioner of Education, the
 7305  Chancellor of the Florida Community College System, or and the
 7306  Chancellor of the State University System, as appropriate, if
 7307  the joint request involves a state university, a joint
 7308  resolution of the participating boards indicating their
 7309  commitment to the utilization of the requested facility and
 7310  designating the locale of the proposed facility. The joint
 7311  resolution shall contain a statement of determination by the
 7312  participating boards that alternate options, including the use
 7313  of leased, rented, or borrowed space, were considered and found
 7314  less appropriate than construction of the proposed facility. The
 7315  joint resolution shall contain assurance that the development of
 7316  the proposed facility has been examined in conjunction with the
 7317  programs offered by neighboring public educational facilities
 7318  offering instruction at the same level. The joint resolution
 7319  also shall contain assurance that each participating board shall
 7320  provide for continuity of educational progression. All joint
 7321  resolutions shall be submitted by August 1 for consideration of
 7322  funding by the subsequent Legislature.
 7323         (d) Submit requests for funding of joint-use facilities
 7324  projects involving state universities and Florida Community
 7325  College System institutions for approval by the Chancellor of
 7326  the Florida Community College System Commissioner of Education
 7327  and the Chancellor of the State University System. The
 7328  Chancellor of the Florida Community College System Commissioner
 7329  of Education and the Chancellor of the State University System
 7330  shall jointly determine the priority for funding these projects
 7331  in relation to the priority of all other capital outlay projects
 7332  under their consideration. To be eligible for funding from the
 7333  Public Education Capital Outlay and Debt Service Trust Fund
 7334  under the provisions of this section, projects involving both
 7335  state universities and Florida Community College System
 7336  institutions shall appear on the 3-year capital outlay priority
 7337  lists of Florida Community College System institutions and of
 7338  universities required by s. 1013.64. Projects involving a state
 7339  university, a Florida Community College System institution, and
 7340  a public school, and in which the larger share of the proposed
 7341  facility is for the use of the state university or the Florida
 7342  Community College System institution, shall appear on the 3-year
 7343  capital outlay priority lists of the Florida Community College
 7344  System institutions or of the universities, as applicable.
 7345         (e) Include in their joint resolution for the joint-use
 7346  facilities, comprehensive plans for the operation and management
 7347  of the facility upon completion. Institutional responsibilities
 7348  for specific functions shall be identified, including
 7349  designation of one participating board as sole owner of the
 7350  facility. Operational funding arrangements shall be clearly
 7351  defined.
 7352         (2) An educational plant survey must be conducted within 90
 7353  days after submission of the joint resolution and substantiating
 7354  data describing the benefits to be obtained, the programs to be
 7355  offered, and the estimated cost of the proposed project. Upon
 7356  completion of the educational plant survey, the participating
 7357  boards may include the recommended projects in their plan as
 7358  provided in s. 1013.31. Upon approval of the project by the
 7359  commissioner, the Chancellor of the Florida Community College
 7360  System, or the Chancellor of the State University System, as
 7361  appropriate, 25 percent of the total cost of the project, or the
 7362  pro rata share based on space utilization of 25 percent of the
 7363  cost, must be included in the department’s legislative capital
 7364  outlay budget request as provided in s. 1013.60 for educational
 7365  plants. The participating boards must include in their joint
 7366  resolution a commitment to finance the remaining funds necessary
 7367  to complete the planning, construction, and equipping of the
 7368  facility. Funds from the Public Education Capital Outlay and
 7369  Debt Service Trust Fund may not be expended on any project
 7370  unless specifically authorized by the Legislature.
 7371         (3) Included in all proposals for joint-use facilities must
 7372  be documentation that the proposed new campus or new joint-use
 7373  facility has been reviewed by the State Board of Education, the
 7374  State Board of Community Colleges, or the Board of Governors, as
 7375  appropriate, and has been formally requested for authorization
 7376  by the Legislature.
 7377         (4) A No district school board, Florida Community College
 7378  System institution, or state university may not shall receive
 7379  funding for more than one approved joint-use facility per campus
 7380  in any 3-year period.
 7381         Section 122. Subsection (1) of section 1013.65, Florida
 7382  Statutes, is amended to read:
 7383         1013.65 Educational and ancillary plant construction funds;
 7384  Public Education Capital Outlay and Debt Service Trust Fund;
 7385  allocation of funds.—
 7386         (1) The commissioner, through the department, shall
 7387  administer the Public Education Capital Outlay and Debt Service
 7388  Trust Fund. The commissioner shall allocate or reallocate funds
 7389  as authorized by the Legislature. Copies of each allocation or
 7390  reallocation shall be provided to members of the State Board of
 7391  Education, the State Board of Community Colleges, and the Board
 7392  of Governors and to the chairs of the House of Representatives
 7393  and Senate appropriations committees. The commissioner shall
 7394  provide for timely encumbrances of funds for duly authorized
 7395  projects. Encumbrances may include proceeds to be received under
 7396  a resolution approved by the State Board of Education
 7397  authorizing the issuance of public education capital outlay
 7398  bonds pursuant to s. 9(a)(2), Art. XII of the State
 7399  Constitution, s. 215.61, and other applicable law. The
 7400  commissioner shall provide for the timely disbursement of moneys
 7401  necessary to meet the encumbrance authorizations of the boards.
 7402  Records shall be maintained by the department to identify
 7403  legislative appropriations, allocations, encumbrance
 7404  authorizations, disbursements, transfers, investments, sinking
 7405  funds, and revenue receipts by source. The Department of
 7406  Education shall pay the administrative costs of the Public
 7407  Education Capital Outlay and Debt Service Trust Fund from the
 7408  funds which comprise the trust fund.
 7409         Section 123. The State Board of Community Colleges, in
 7410  collaboration with the Board of Governors, shall evaluate and
 7411  report on the status of Florida’s “2+2” system of articulation
 7412  using the accountability measures required pursuant to s.
 7413  1008.38, Florida Statutes, and any other applicable state law.
 7414  By December 31, 2017, the state board and the Board of Governors
 7415  shall submit their report to the Governor, the President of the
 7416  Senate, and the Speaker of the House of Representatives. The
 7417  report must include findings regarding the effectiveness of
 7418  Florida’s “2+2” system of articulation and recommendations for
 7419  improvement.
 7420         Section 124. The Division of Law Revision and Information
 7421  is directed to prepare a reviser’s bill for the 2018 Regular
 7422  Session to substitute the term “Florida Community College
 7423  System” for “Florida College System” and the term “Florida
 7424  Community College System institution” for “Florida College
 7425  System institution where those terms appear in the Florida
 7426  Statutes.
 7427         Section 125. Except as otherwise expressly provided in this
 7428  act and except for this section, which shall take effect upon
 7429  becoming a law, this act shall take effect October 1, 2017.